49 9852012.3 MO110-172 9852012.3 MO110-172 9852012.3 MO110-172 Monterey Park Human Resources & Risk Management
Police Officers’ Association
MONTEREY PARK POLICE OFFICERS’
ASSOCIATION CITY OF MONTEREY PARK
By
By
Troy Grant, POA President Ron Bow, City Manager
By
By
Ray Cota, POA Vice President Inez Alvarez, Assistant City Manager By
By
Russell Amundson, POA representative Martha Garcia, Director of Management Services By
By
Sandy Castillo, POA representative Christine Tomikawa, Director of Human Resources & Risk Management
By
Gonzalo Gabriel, POA representative
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
50 9852012.3 MO110-172 9852012.3 MO110-172 9852012.3 MO110-172
ADDENDUM A
CITY OF MONTEREY PARK
CLASSIFICATION AND BASE SALARY LIST
POLICE OFFICERS' ASSOCIATION MOU
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6195 6506 6831 7172 7531
Police Corporal 2 6601 6931 7278 7641 8024
Effective upon Council’s approval of this MOU retroactive to the pay period starting December 29, 2018 (1%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6257 6571 6899 7244 7606
Police Corporal 2 6667 7000 7351 7717 8104
Effective the beginning of the pay period following the 2018-19 CalPERS contract amendment approval (3%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6445 6768 7106 7461 7834
Police Corporal 2 6867 7210 7571 7949 8347
Effective the beginning of the pay period following January 1, 2020 (2%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6574 6904 7248 7610 7991
Police Corporal 2 7004 7355 7723 8108 8514
51 9852012.3 MO110-172 9852012.3 MO110-172 9852012.3 MO110-172
Effective the beginning of the pay period following April 1, 2020 (1.2%):
Police Corporal 2 7088 7443 7815 8205 8616
Effective the beginning of the pay period following January 1, 2021 (2 1/2%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6738 7076 7430 7801 8191
Police Corporal 2 7266 7629 8011 8410 8832
Effective the beginning of the pay period following January 1, 2022 (3%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6940 7288 7653 8035 8437
Police Corporal 2 7484 7858 8251 8663 9097
Effective with the first day of the pay period in which the POA ratifies the tentative agreement, the salary ranges for Police Officer and Police Corporal shall be increased by 1%
CLASSIFICATION
RANGE 1 2 3 4 5
Police Officer 7009 7361 7730 8115 8521
Police Corporal 7559 7937 8334 8750 9188
Staff Report
September 7, 2022
ATTACHMENT 2
Proposed MOU Resolution with
Monterey Park Police Officers’ Association
Memorandum of Understanding – Clean Version
RESOLUTION NO. ____
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR CONTRACT YEAR 2022 -2023 BETWEEN THE CITY OF MONTEREY PARK AND THE MONTEREY PARK POLICE OFFICERS’ ASSOCIATION.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Police Officers’ Association (“MPPOA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2022- 2023.
SECTION 2: Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2022-23. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.
SECTION 3: Following a vote of its membership, the MPPOA informed the City that it accepted the MOU.
SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 2022. Accordingly, the City Manager is authorized to execute the MOU in a form approved by the City Attorney.
SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 7: Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8: Effective Date. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this ____ day of _________, 20__.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
9852012.3 MO110-172
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION
07/01/2022 – 06/30/2023
9852012.3 MO110-172
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION
- ONE_YEAR AGREEMENT 07/01/2022– 06/30/2023
PREAMBLE 3
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING ..................................................... 3 ARTICLE 2 - RECOGNITION..................................................................................................................... 3 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS .......................................................................... 3 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ............................................... 4 ARTICLE 5 - COMMUNICATIONS ........................................................................................................... 5 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS ................... 5 ARTICLE 7 - GRIEVANCE PROCEDURE ................................................................................................ 5 ARTICLE 8 - OVERTIME ........................................................................................................................... 11 ARTICLE 9 - VACATION ........................................................................................................................... 16 ARTICLE 10 - HOLIDAY ............................................................................................................................ 17 ARTICLE 11 - ACCRUAL CASH-OUT ...................................................................................................... 19 ARTICLE 12 - SICK LEAVE ....................................................................................................................... 20 ARTICLE 13 - BEREAVEMENT LEAVE .................................................................................................. 22 ARTICLE 14 - MILITARY LEAVE ............................................................................................................ 23 ARTICLE 15 - JURY DUTY LEAVE .......................................................................................................... 23 ARTICLE 16 - LEAVE OF ABSENCE WITHOUT PAY ........................................................................... 23 ARTICLE 17 - FMLA/CFRA COMPLIANCE ............................................................................................ 24 ARTICLE 18 - INDUSTRIAL INJURY AND ILLNESS LEAVE .............................................................. 25 ARTICLE 19 - MODIFIED DUTY .............................................................................................................. 25 ARTICLE 20 - UNIFORM ALLOWANCE ................................................................................................. 27 ARTICLE 21 - HEALTH INSURANCE ...................................................................................................... 28 ARTICLE 22 – RETIREE HEALTHCARE TRUST .................................................................................... 29 ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT ............ 30 ARTICLE 24 - LIFE INSURANCE PLANS ................................................................................................ 30 ARTICLE 25 - EDUCATIONAL INCENTIVE PAY .................................................................................. 30 ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ....................................... 31 ARTICLE 27 - BILINGUAL PAY ............................................................................................................... 32 ARTICLE 28 - SALARIES AND WAGES .................................................................................................. 32 ARTICLE 29 - SENIORITY ......................................................................................................................... 33
9852012.3 MO110-172
ARTICLE 30 - RETIREMENT..................................................................................................................... 33 ARTICLE 31 - MEDICAL EXAMINATION .............................................................................................. 34 ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN ....................................... 35 ARTICLE 33 - EMPLOYEE SAFETY COMMITTEE ................................................................................ 36 ARTICLE 34 – DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL ASSIGNMENT PAY ...... 36 ARTICLE 35 – PROBATIONARY PERIOD ............................................................................................... 42 ARTICLE 36 - PERFORMANCE EVALUATIONS ................................................................................... 42 ARTICLE 37 - WRITTEN NOTICES TO POA ........................................................................................... 43 ARTICLE 38 - GENERAL PROVISIONS ................................................................................................... 43 ARTICLE 39 - SUBSTANCE ABUSE POLICY ......................................................................................... 44 ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING ..................................................... 44 ARTICLE 41 - CITY COUNCIL APPROVAL ............................................................................................ 44 ADDENDUM A ............................................................................................................................................ 46
3 9852012.3 MO110-172
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF MONTEREY PARK
and
THE MONTEREY PARK POLICE OFFICERS’ ASSOCIATION
ONE YEAR AGREEMENT 7/1/22-6/30/23
PREAMBLE
This Memorandum of Understanding (MOU) has been prepared in accordance with the California Government Code (Section 3500 et seq.). The City of Monterey Park, California, hereinafter referred to as the "City", and the Monterey Park Police Officers Association, hereinafter referred to as the "POA," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith. Unless specifically provided herein, changes in wages, hours and terms and conditions of employment shall be prospectively effective on and after City Council adoption of this MOU.
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING
It is the intent and purpose of this MOU to assure sound and mutually beneficial working and economic relations between the parties, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth the basic and full agreement between the parties concerning wages, hours of employment, and other conditions of employment.
ARTICLE 2 - RECOGNITION
A. The City acknowledges the POA as the representative for certain employees in the Police Department of the City of Monterey Park, California, for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.
B. This MOU shall cover all employees working in the classification of Police Corporal and Police Officer.
C. This Memorandum does not preclude employees in such employment classifications from representing themselves individually in their employment relations with the City.
ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS
A. To ensure that the City is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the terms of this MOU, but shall be within the exclusive discretion of the City: to select and determine the number and types of employees required; to assign work to employees in accordance with the City; to establish and change work schedules and assignments; to hire, transfer and to promote or to lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline or discharge for just cause; to expand or diminish services; to subcontract any work or operations; to determine and change at its sole discretion, the number of locations, relocations and types of operations and the processes and materials to be employed.
4 9852012.3 MO110-172
B. Notwithstanding the above, the City hereby agrees to Meet and Confer with the POA on any changes regarding hours, work schedules, salaries, or working conditions. The City agrees to adhere to the job specifications established for each classification.
ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES
A. All employees represented by POA, shall have the right to join the POA, or to refuse or refrain from joining the POA.
B. Members of the POA may, by any reasonable methods, select three (3) representatives who may or may not be City employees to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during regular duty or working hours, without loss of time, provided:
1. That no employee representative shall leave his/her duty or workstation or assignment without specific approval by any authorized departmental management official.
2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work schedules or work performance.
C. The City will deduct dues and initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization card.
D. Deductions as are authorized in writing by the employee shall be deducted from earned wages or salaries on each payday. The City shall forward to the POA all dues and/or initiation fees deducted from the employees for any month, the first of the succeeding month.
E. The POA shall indemnify, defend and hold the City harmless against claims and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the sections regarding dues deduction.
F. The POA representatives, while on City property, shall abide by the City's safety rules and regulations.
G. The Employee Representatives will include at least one employee member. Employee Representatives shall be provided reasonable release time, without loss of salary or benefits, for purposes of collective bargaining and/or processing of employee grievances. In addition, Association representatives may be granted reasonable release time to attend Association sponsored training programs, seminars, and conferences, subject to prior City approval. Such requests will not be unreasonably denied.
H. A written list of the Officers of the POA and the Employee Representatives shall be furnished to the City immediately after their designation, and the POA shall notify the City promptly in writing of any changes of such Officers or Representatives.
5 9852012.3 MO110-172
ARTICLE 5 - COMMUNICATIONS
Space shall be provided on City bulletin boards and use of City email may be made available for the posting/distribution of the following notices of immediate concern to the employee group members:
1. POA recreational and social activities.
2. POA election notices and results.
3. POA meetings and events.
4. Such other notices as may be mutually agreed upon by the POA and the Police Chief or designee.
5. All notices and materials regarding the business of the POA.
Use of the City email system does not provide privacy regarding the communications sent/received.
The City reserves the right to review any communications sent using its email system. POA communications sent via email may be subject to disclosure pursuant to the Public Records Act.
ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND
OPERATIONS
A. The POA hereby agrees that during the term of this MOU, POA represented employees and the officers and/or corporals of the POA shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, or any other intentional interference of work of the City. However, information pickets, following an impasse in the Meet and Confer process, are excluded from this Article and are therefore allowed as long as the picketing is not violent, does not block ingress or egress and/or does not interfere with the public health, safety or order.
B. In the event any employee, or employees, participate in any of the prohibited activities stated above, the POA shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct the employee or employees, to return to their normal work assignment and duties.
C. The employee, or employees, participating in the activities prohibited above shall be subject to disciplinary action by the City, including suspension or discharge in accordance with the City's Personnel Rules and Regulations.
ARTICLE 7 - GRIEVANCE PROCEDURE
A. DEFINITIONS
6 9852012.3 MO110-172
1. A "grievance" is a formal written or oral allegation by a member of the POA on behalf of specified unit members who have been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding, the City's Personnel Rules, written Department Rules, Regulations, policies and procedures or an appeal of a disciplinary action decision by the City Manager.
2. A "disciplinary grievance" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations. A "disciplinary grievance" shall be filed after the written receipt of the City Manager's decision, and shall constitute the sole and exclusive process of appeal. Such appeals shall be processed at Level IV, Administrative Hearing.
3. A "grievant" is any unit member or the POA on behalf of specified unit members adversely affected by an alleged violation within the scope of the grievance procedure as defined above.
4. A "day" is any day in which the administrative offices of the City of Monterey Park are open for regularly scheduled business.
B. GENERAL PROVISIONS
1. If an employee is receiving direction from his/her supervisor but believes the direction forms the basis for a viable grievance, the employee must still comply with the direction. If that grievance is ultimately sustained only then may the employee not comply with that directive.
2. Grievance documents shall not be placed in an employee’s personnel file, unless they relate to discipline. If they relate to discipline, they will not be placed in an employee’s personnel file until after the discipline appeal process (if applicable) is completed.
3. Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or the POA. Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement. Failure by the City to meet established deadlines shall entitle but not obligate the grievant to appeal to the next step of the procedure.
4. Every effort will be made to schedule meetings for the processing of grievances during the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.
5. Any unit member may, at any time, present grievances to the City and have such grievances resolved without the intervention of the POA, as long as the resolution is
7 9852012.3 MO110-172
reached prior to the hearing and the resolution is not inconsistent with the terms of this MOU; provided that the City shall not agree to a resolution of the grievance until the POA has received a copy of the grievance and the proposed resolution, and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the POA, which may include the attorney of the POA. The POA may also be represented at any grievance meetings and will be notified of any such meetings.
6. This grievance procedure shall be the sole and exclusive procedure for processing objections or challenges to disciplinary actions as defined in the Personnel Rules and Regulations and shall satisfy all administrative appeal rights and protection.
7. There shall be no reprisals, interference, coercion or discrimination against any employee for processing a grievance at any level, or for assisting a grievant in the processing of a grievance.
C. PROCEDURE - Grievances will be processed in accordance with the following procedures:
1. Level I - Informal Resolution: Any unit member or the POA who believes he/she has a grievance shall present the grievance orally to the immediate supervisor within fifteen (15) workdays after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The immediate supervisor shall hold discussions and attempt to resolve the matter within fifteen (15) workdays after the presentation of the grievance. It is the intent of this informal procedure that at least one personal conference be held between the aggrieved employee, their representative and the immediate supervisor.
2. Level II - Formal Written Grievance
a. If the grievance is not resolved during the informal conference and the grievant wishes to continue the grievance process, the grievant shall present the grievance in writing on the appropriate form to the Police Chief within ten (10) days after the oral decision by the immediate supervisor.
The written information shall include: (a) a description of the specific grounds of the grievance; (b) a listing of the provisions of this agreement, personnel rules, regulations or procedures alleged to have been violated; and (c) a listing of specific actions requested of the City which will remedy the grievance.
b. The Police Chief or his/her designee shall communicate the decision, in writing, to the grievant within ten (10) days after receiving the grievance.
c. Within the above time limits the parties may request a personal conference.
8 9852012.3 MO110-172
3. Level III - Appeal to the City Manager
a. If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision at Level II, appeal the decision to the City Manager. This statement shall include a copy of the original grievance and appeal, and a clear, concise statement of the reasons for the appeal.
b. The City Manager shall communicate the decision, in writing, to the grievant within ten (10) days. If the City Manager does not respond within the time limits provided, the grievant may appeal to the next level.
4. Level IV - Administrative Hearing
a. If the grievant is not satisfied with the decision at Level III, or if an employee or the POA wishes to appeal the disciplinary decision of the City Manager, the grievant/employee may, within ten (10) days of the receipt of the decision, for an administrative hearing of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the POA shall inform the City, in writing, of its request to have an administrative hearing.
The POA and the City shall attempt to agree upon a hearing officer.
If no agreement can be reached, they shall request that the City supply a list of seven (7) names of persons experienced in hearing grievances in cities from a panel mutually selected by the POA and the City. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the Hearing Officer. The order of the striking names shall be determined by coin toss.
b. If either the City or the Association so requests, the Hearing Officer shall be requested to hear the merits of any issues raised regarding grievability. No hearing on the merits of the grievance will be conducted until the issue of grievability has been decided. The same Hearing Officer shall decide the issue of grievability, and if grievable, then the merits of the dispute.
c. The Hearing Officer shall, within thirty (30) days unless both parties agree otherwise, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the Hearing Officer shall determine the issues by referring to the written grievance and the answers thereto at each step.
d. The Hearing Officer shall hold a hearing on the issue submitted or as determined by the Hearing Officer if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the hearing proceedings shall be governed by California Code of Civil Procedure section 1280 et. seq. The Hearing Officer's decision shall be the final administrative
9 9852012.3 MO110-172
action not subject to further administrative review. The Hearing Officer's decision is reviewable under California Code of Civil Procedure 1094.5.
e. The City and the POA agree that the jurisdiction and authority of the Hearing Officer so selected and the opinions the Hearing Officer expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The Hearing Officer shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this MOU or the written ordinances, resolutions, rules, regulations and procedures of the City or the Department, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The Hearing Officer shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.
f. In the event that this grievance procedure is used to challenge disciplinary actions, the Hearing Officer shall prepare a written decision containing findings of fact, determination of issues, and statement of the precise disciplinary penalty, if any.
g. After a hearing and after both parties have had an opportunity to make written arguments, the Hearing Officer shall submit in writing to all parties his/her findings and award.
h. The fees and expenses of the Hearing Officer shall be shared equally by the City and POA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire hearing. The cost of the services of such court reporter shall be shared equally by the parties.
i. By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/administrative hearing procedure. The processing of a grievance beyond level III shall constitute an express election on the part of the grievant that the grievance/administrative hearing procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the filing of a writ of administrative mandamus to challenge a decision issued on a grievance.
j. With regard to discipline-related hearings governed by this Section (C)(4), where the discipline subject to appeal consists of a minimum of 8.1 hours and a maximum of 24 hours, the following limitation shall apply to the amount of time available to each party to the hearing for a presentation of any individual party’s case. For purposes of time-limit computation only, the Association
10 9852012.3 MO110-172
and any one (1) employee, as well as any other entity that may properly be appearing on behalf of or with an interest similar to the Association or employee, shall be jointly deemed to be the same one party for computing the time limitation on presentations. Accordingly, the time limitation shall not be multiplied by the number of individuals or entities appearing, on behalf of, or with an interest similar to, the individual employee who has been disciplined.
Each party to the Article 7 administrative appeal shall be limited to a maximum of twelve (12) hours of presentation time during conduct of an administrative appeal pursuant to MOU Article 7(C)(4) Level IV Administrative Hearing.
“Presentation Time” against which shall be charged the twelve (12) hour presentation time limitation, shall include oral opening statement and oral closing argument, direct/redirect examination of witnesses, rebuttal and sur- rebuttal witness testimony, demonstrations, and site inspections (excluding travel time to and from the site). Cross examination shall not be counted as part of the “Presentation Time.”
The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the twelve (12) hour limitation, the hearing officer shall have no authority to extend said limitation.
5. Disciplinary Proceedings (one day suspension): For purposes of this section alone, a one (1) day suspension shall be equivalent to eight (8) hours of salary, regardless of the actual hours worked in a shift. Suspensions of one (1) day shall be excluded from the arbitration appeal process. Upon receipt from the Chief of Police or his designee of a notice of intended penalty of one (1) day or less, the employee shall have ten (10) business days (Monday - Friday) to submit a written request to the City Manager requiring mediation.
The matter shall then be submitted to a mediator provided by the State Mediation and Conciliation Service. Absent agreement as to identity of the mediator, the parties shall alternately strike names from a list supplied by the Los Angeles Office of SMCS. A mediation session shall then be calendared.
The mediation shall not be an evidentiary hearing. Neither party shall be represented by an attorney although non-attorney representatives shall be permitted. There shall be no subpoena power, no submission of briefs, and the mediation shall conclude within the same business day that it commenced. If the manner in which the mediation is resolved is unsatisfactory to either party, then the proceeding before the City Manager shall provide the due process mandated by Skelly v. State Personnel Board and shall not be an evidentiary hearing. The decision of the City Manager shall be the final administrative action not subject to further administrative review. The City Manager’s decision is reviewable under California Code of Civil Procedure 1094.5.
11 9852012.3 MO110-172
ARTICLE 8 - OVERTIME
A. 7K EXEMPTION: The City of Monterey Park has exercised its ability to declare the "7K" exemption under the Fair Labor Standards Act (FLSA) for sworn police personnel. The work period for such employees shall be twenty-eight (28) days in length commencing on Saturday, April 20, 1985 at 2:00 a.m.
B. WORK HOURS PLANS: The City and the Association agree that the Department will utilize the three-twelve and a half (3/12.5) and four-ten (4/10) work hour plans during the term of this MOU. The five-eight work hour plan may be used when mutually agreed to by the Department and employee. The three-twelve and a half (3/12.5) work hour plan shall cover patrol Officers and Corporals. The four-ten (4/10) work hour plan shall cover motorcycle Officers and Corporals and all detective positions.
In the event of a bona fide emergency the City may cancel, alter or amend the work schedule as necessary, and only for the duration of the emergency, immediately and without the requirement of engaging in the meet and confer process. A bona fide emergency shall be defined as a circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or condition. It shall not include staffing shortages caused by common occurrences, such as an employee calling in sick or staff reductions due to preplanned leaves.
Officers shall be provided twelve (12) days notice prior to any shift change, reassignment or modification. The twelve (12) day notice requirement shall not apply in the case of emergency situations. For the purpose of this rule, emergencies shall mean any unforeseen or unplanned event that impacts Department staffing needs. The twelve-day notice requirement set forth above shall not apply to probationary Police Officers.
C. OVERTIME: For employees assigned to the three-twelve and a half (3/12.5) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of one hundred sixty (160) hours within the twenty-eight (28) day work period. All employees required to work in excess of the standard work period of one hundred and sixty (160) hours shall receive compensation at the rate of time and one-half (1 1/2) of his/her rate of pay. For employees assigned to the four-ten (4/10) and five-eight (5/8) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of eighty (80) hours within the fourteen (14) day pay period. All employees required to work in excess of the standard pay period of eighty hours within the fourteen day pay period shall receive compensation at the rate of time and one-half (1 1/2) of his/her rate of pay.
All employees assigned to work the three-twelve and a half (3/12.5) work hour plan and who work in excess of one hundred and sixty (160) hours within the twenty-eight (28) day work period shall be compensated at the completion of the twenty-eight (28) day work period.
Regardless of the amount of overtime hours accrued during the first half (80 hours) of the work period, employees shall be compensated eighty (80) hours for that pay period, and the balance of the hours worked shall be compensated at the completion of the twenty-eight (28)
12 9852012.3 MO110-172
day work period. All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior approval will result in the denial of overtime request.
All eligible employees assigned to work the four-ten (4/10) and five-eight (5/8) work hour plans and who work in excess of eighty (80) hours within the fourteen (14) day pay period shall be compensated for overtime at the completion of the fourteen (14) day pay period.
Determination as to whether or not overtime shall be assigned and/or worked remains in the sole discretion of a responsible supervisor. However, where in the sole discretion of the responsible supervisor, overtime can be efficiently worked by any member of the shift without regard to particular skills or abilities of any eligible employee, then said overtime shall be assigned based on seniority, except in those cases where the overtime duty arises from a case or incident involving another shift Officer. In such case, the involved Officer shall be assigned the overtime, regardless of seniority.
In those instances where overtime is made available on a Department-wide basis (such as for a movie detail or grant run operations), then said overtime shall be assigned on a seniority basis, unless in the sole discretion of the responsible supervisor(s), particular skills and abilities of Officers are relevant to the assignment of any individual(s) to the overtime duty.
The assignment of overtime, as designated by the Police Chief’s 6/12/12 memorandum (attached as an Addendum B), will be the agreed Department method for overtime call out procedure for replacement of Corporals and/or Officers when a vacancy occurs due to a non- planned event. The intent of the memorandum is to call in overtime rank-for-rank as described in said reference memorandum without limiting the Chief from exercising his/her management authority and rights in meeting the staffing needs of the Department.
In cases where seniority is utilized to make overtime assignments, the responsible supervisor shall make a reasonable attempt to advise the eligible Officer(s) of the overtime opportunity.
Upon said overtime offer either being rejected or the eligible Officer not being responsive to reasonable contact, the responsible supervisor shall repeat said notification steps until the overtime opportunity is selected. Disputes as to whether or not a “reasonable attempt” was made to contact an Officer eligible for seniority-based overtime selection, shall not be subject to the grievance procedure or to any other administrative or civil method of appeal, and the determination of the responsible supervisor in this regard, shall be final, conclusive and not appealable through any means.
Regardless of the above, any responsible supervisor retains the right in his or her sole discretion to disregard seniority in rendering an overtime assignment when, in the sole discretion of the responsible supervisor, the needs of the Department and/or community so dictate. Said decision shall not be subject to any administrative or civil challenge and shall be final and conclusive.
For the purpose of determining overtime, vacation, sick leave, compensatory time off and/or other paid leave time shall be considered compensable hours of work.
13 9852012.3 MO110-172
D. COMPENSATORY TIME OFF: In lieu of receiving cash payment at time and a half for overtime hours worked, an employee may elect the option of earning compensatory time off.
Compensatory time shall be earned at the rate of time and one-half (1 ½) for each hour worked. The maximum amount of comp time that may be accrued is 480 hours (320 hours worked). All compensatory time on the books will be cashed out to forty (40) hours as of December 1 of each year. The remaining balance will remain on the books until such time as employee utilizes the compensatory time.
E. PAID LEAVE ACCRUAL RATES: Employees assigned to the three-twelve and a half (3/12.5), four-ten (4/10) or 5/8 work hour plans shall accrue vacation, holiday and sick leave in accordance with the accrual rates as outlined herein. When vacation, holidays or sick leave is used, the employee shall be charged based on actual time taken off in relation to his/her regularly assigned shift.
F. REGULAR RATE OF PAY: For the purpose of computing overtime, the employee's regular rate of pay shall be used for the calculation of overtime under the Fair Labor Standards Act and includes the following components, if applicable, in addition to base salary:
1. Educational Incentive
2. Bilingual Pay
3. Special Assignment Pay
4. Longevity Pay
5. Medical Opt-Out Pay
G. COMPENSABLE HOURS OF WORK:
1. Firearms Qualification: Employees who choose to shoot at the range at times other than as required for qualification and training by the Department, will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever.
2. Voluntary Training Time: Voluntary attendance at training schools/facilities (including the academy) which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employees' normal work shift. Any such time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks twenty-four (24) hours a day.
Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work.
Mandatory training as required by the Department and/or POST is compensable for actual time spent in training. Travel time outside of regularly scheduled work hours for mandatory training is not compensable as work time unless training is approved
14 9852012.3 MO110-172
by a supervisor. If the use of a personal vehicle is authorized for attendance at mandatory training, mileage shall be reimbursed at IRS rates in effect at the time of the travel, for actual miles traveled.
3. City Vehicle Use: Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the radio must be left on and monitored.
This provision does not preclude compensation in those instances where an employee is required to perform emergency law enforcement duties as required by law. In such cases, appropriate compensation shall be provided.
4. Canine Assignment: Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle, unless such travel time is interrupted to perform law enforcement duties. In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties. Canine Officers shall be compensated for off-duty time spent in the care, feeding, grooming, exercise, incidental training, and companionship of their assigned dog in accordance with provisions of Article 34 – Special Assignment Pay.
Nothing herein precludes an officer from being compensated for actual time spent in department required and approved training at times other than the officer's regular working hours.
5. Gym Facility: The City provides a room to be used as a gym facility for the voluntary use of employees during their off-duty hours, in accordance with the letter of October 15, 1981 from the Association and agreed to by the City Manager. Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner.
6. Call Back Pay
Call back occurs when:
An employee is ordered to return to duty by a supervisor during a period when the employee is not scheduled to work, or
An employee voluntarily responds to a call to work from a supervisor.
A. Employees who are called back to duty shall receive a minimum of three (3) hours of overtime commencing when he/she receives the call, as described in Sections A1, A2, B and C, when:
15 9852012.3 MO110-172
1. Any portion of those three (3) hours falls outside the employee’s regularly scheduled workday. For instance, a detective who is called back to work before his regular workday shall be paid at his/her overtime rate until the beginning of his/her regular workday;
2. All hours worked, in excess of three (3) hours, outside of the employee’s regularly scheduled workday shall be paid at the employee’s overtime rate.
For instance, when a detective is called back to work on a Saturday he/she shall be paid at his/her overtime rate for the entire time he/she is required to work.
B. Employees who volunteer to respond to work an assignment with a delayed start- time shall begin receiving overtime compensation at the prescheduled start-time.
For instance, an employee who volunteers the night before an unexpected patrol vacancy occurs will begin earning overtime at the beginning of the scheduled patrol shift: not when the call is received.
C. Employees who volunteer to respond to a call to work due to an unforeseen event (e.g. a staffing shortage created by another employee calling in sick) from a supervisor and is required to immediately respond shall be paid overtime commencing when the employee receives the call. For instance, an employee who voluntarily responds to a call to fill an unexpected day watch patrol vacancy at 0800hrs shall be paid overtime commencing when the employee receives the call until the employee completes his/her assigned shift.
Except as described elsewhere in this MOU, call back does not occur when an employee is held over from his/her shift or when an employee is working prior to the beginning of his/her regularly scheduled shift, unrelated to a call back.
Employees shall report for duty within a reasonable amount of time when immediate coverage is needed: generally within one and a half (1.5) hours of receiving the call.
Travel time at the completion of the call back shift from the station to an employee’s residence shall not be considered work hours or be compensated in any manner.
This provision is to be distinguished from “Court Standby” described in this MOU.
Employees who arrive at work but are later deemed unneeded (e.g. due to a scheduling error) shall receive a minimum of three (3) hours of overtime compensation.
7. Court Pay: When an officer is physically called to court, he/she shall be credited on a hour-for-hour basis for the time actually spent in court, commencing one-half (1/2) hour prior to the scheduled court appearance. An employee shall be credited with a minimum of three (3) hours for each scheduled court appearance. Only one (1) minimum shall apply per payday. These three (3) hours will ultimately be paid in the pay period at time and one-half (1 1/2).
16 9852012.3 MO110-172
Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever unless the employee first responds to the station.
8. Court Standby: A member of the POA who, while off duty, is on court standby status, may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked. However, the employee will receive credit for three (3) hours (these three (3) hours will ultimately be paid in the pay period at time and one-half (1 1/2), provided that the employee is not actually required to be present in the court building. If any employee is required to go to court, this three (3) hour period is applied to court pay under Section 7.
Alternatively, an employee on court standby may, with the permission of the Chief of Police or his designee, report to the police facility, in uniform, for assignment while awaiting court. An employee shall be credited on a hour-for-hour basis for time actually worked while on standby. Travel time to the police facility shall not be considered hours worked and shall not be compensated in any manner whatsoever.
9. On-Call:
On-Call: Effective January 1, 2019, affected employees subject to on-call (e.g. detectives) shall be generally available by phone and/or able to work ready to perform their duties within one (1) hour or one-and-one-half (1.5) hours during peak traffic time.
Employees subject to on-call shall receive forty (40) hours of administrative leave credits each fiscal year. There is no cash out or annual roll over for these forty (40) hours of administrative leave. Affected employees will be awarded twenty (20) hours of administrative leave credits on the first pay period in July and January. Employees assigned to a position requiring restricted on-call after July or January shall receive administrative leave credits on a pro-rated basis.
ARTICLE 9 - VACATION
A. Policy: It is the intent and purpose of this vacation leave policy that all employees avail themselves of accrued vacation time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation accrual.
B. Vacation Accrual:
1. Accrual Rate: Employees shall accrue paid vacation time on the basis of years of paid service. The accrual rate shall be as follows:
0 – 6 years Eighty-eight (88) hours per year
17 9852012.3 MO110-172
7+ years Eight additional hours per year to a maximum of two-hundred (200) hours per year.
2. Accrual Caps: Except as provided herein, no employee may accrue greater than four hundred (400) vacation hours.
The total number of vacation hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a separate accrual bank (vacation hours Bank No. 1). The number of vacation hours contained within Bank No. 1 on January 14, 1995 shall not increase except as provided below.
Concurrent with the creation of Bank No. 1, there shall be created a second vacation bank (Bank No.2) that shall have a balance of zero at its inception. Vacation hours accumulated after January 14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 400 hours, then no vacation hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 400 hours.
Only in exceptional circumstances shall an employee be allowed to exceed the maximum vacation accrual. In no case shall an employee’s request to accrue vacation in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU.
Any approval to accrue in excess of the accrual cap requires a written request from the Police Chief to the City Manager stating that the employee will not be authorized to utilize vacation prior to reaching the accrual cap because of Department staffing requirements. The City Manager’s approval is required. The number of hours allowed above the cap shall be in an amount sufficient to allow the employee 60 days to utilize vacation time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.
C. Use of Vacation Time: Probationary employees shall be authorized to utilize accrued vacation time prior to conclusion of the probationary test period.
Use of vacation time during the calendar year shall be approved by the Chief of Police or his designee, with due regard for the wishes of the employee, the employee's accumulated vacation credits, and particular regard for the needs of the Department. Seniority shall be considered when approving vacation requests from employees. Employees’ vacation requests shall not be limited by the amount of vacation time that the employee will accrue in a calendar year. Employees shall be eligible to submit vacation requests for all eligible vacation hours that the employee has available in their leave banks in addition to the hours they will accrue prior to the use of the vacation leave.
ARTICLE 10 - HOLIDAY
Policy: It is the intent and purpose of this holiday leave policy that all employees avail themselves of accrued holiday time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police
18 9852012.3 MO110-172
Department may periodically impact the ability of an employee to utilize any or all of his/her annual holiday accrual.
Currently and until December 31, 2019, employees of the Police Department who are assigned to work around-the-clock shifts receive thirteen 10-hour (130 hours total) floating "holidays-in-lieu" of specific holidays off. These holidays shall accrue on the following days:
Regular: New Year's Day Thanksgiving Day
Washington's Birthday Day After Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Years Eve Day (effective 12/31/2007)
Veteran's Day Admission's Day
Columbus Day
Currently and until December 31, 2019 all other unit employees shall receive eleven (10-hour) paid holidays (see “Regular” holidays listed above), two (10-hour) floating holidays to replace Admission’s Day and Columbus Day. These amounts are the maximum an employee can accrue.
Hold over time and/or overtime greater than assigned hours shall not be applicable to this article.
Effective January 1, 2020, all employees shall receive thirteen 10-hour (130 hours total) “holidays- in-lieu” of specific holidays off. Employees shall accrue 10.84 hours each calendar month of employment in lieu of the above-listed holidays.
Except as provided herein, no employee may accrue greater than two-hundred sixty (260) holiday hours.
The total number of holiday hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a separate accrual bank (Bank No. 1). The number of holiday hours contained within Bank No. 1 shall not increase after January 14, 1995 except as provided below.
Concurrent with the creation of Bank No. 1, there shall be created a second holiday bank (Bank No.2) that shall have a balance of zero at its inception. Holiday hours accumulated after January 14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 260 hours, then no holiday hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 260 hours.
Only in exceptional circumstances shall an employee be allowed to exceed the maximum holiday accrual. In no case shall an employee’s request to accrue holiday in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU. Any approval to accrue in excess of the accrual cap requires a written request from the Police Chief to the City Manager stating that the employee will not be authorized to utilize holiday prior to reaching the accrual cap because of Department staffing requirements. The City Manager’s approval is required. The number of hours allowed above the cap shall be in an
19 9852012.3 MO110-172
amount sufficient to allow the employee an opportunity to utilize holiday time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.
ARTICLE 11 - ACCRUAL CASH-OUT
Unit members who use eighty (80) hours (can be combination of administrative leave, vacation and/or holiday) of leave during any fiscal year and who designate to cash-out one hundred (100) hours of accumulated and earned vacation time or holiday time (or a combination thereof) will receive automatic payment for any earned vacation or holiday once they reach their maximum accrual of vacation and/or holiday for the remainder of the fiscal year. Requests for cash-out are to be submitted in a manner prescribed by the City. This requirement does not apply to members who are unable to work while on leave (e.g. IOD). Excess leave for members who are on leave will be paid to the employee as it is earned by the affected employee.
Beginning in December 2022, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out a combined maximum of 100 hours of administrative leave, vacation time or holiday time that are to be accrued and remaining unused in the following calendar year. Administrative leave, vacation and holiday time balances rolled over from prior calendar years are not eligible for cash out. Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar and not otherwise used for time off or otherwise by the employee at the time of the cash out. Cash outs shall be paid with the last paycheck in the following December after receipt of the irrevocable election form.
Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount that was accrued that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash-out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to cash-out and/or in the same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
20 9852012.3 MO110-172
• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
• Loss of extensive damage to the employee’s property due to casualty; or
• Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.
The City shall make a form available for employees to make their irrevocable election.
ARTICLE 12 - SICK LEAVE
A. Sick leave with pay shall be granted to every full time employee who has been continuously employed for a period of time in excess of 30 days. Such sick leave shall be granted by the City at the rate of 8.00 hours per month (96 hours per year) for each full calendar month of continuous employment with the City, including time served in probationary status.
B. Sick leave is paid leave from work that can be used for the following purposes:
(a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or
(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to:
i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above. However, the City permits that a total of eighty hours of sick leave may be used per calendar year for family sick leave purposes.
C. Sick leave accrual and maximum:
1. On July 1, 2012, any existing sick leave balance was placed in a separate leave bank (bank #1) and the amount of that bank shall not be increased nor added to. The hours in the bank shall be subject to the reimbursement provisions described in this Article. The employee shall be allowed to utilize this sick leave bank balance to fund future illnesses/sick leave. However, the employee shall not be required to utilize this sick leave account unless or until the employee elects to do so. Employees with sick leave
21 9852012.3 MO110-172
hours in bank #1 who service retire from the City, may receive 50% of the hours in bank #1 paid at his/her base hourly rate of pay at the time of retirement. For example if an employee had one-thousand (1,000) hours of sick leave in this account and retired for service, the employee would be provided fifty percent (50%) cash out upon service retirement. Accordingly, the employee has the option of utilizing the following newly created eight-hundred (800) hour sick leave account before utilizing this frozen account.
Employees hired on or after July 1, 2012 do not have a sick leave bank (bank #1) as described in this paragraph.
2. Commencing on July 1, 2012, sick leave earned by bargaining unit members shall be deposited into a second sick leave account which shall be capped at a maximum of 800 hours. Upon accruing eight-hundred (800) hours in this sick leave account there shall be no further accrual of sick leave unless or until use results in a balance of less than eight- hundred (800) hours. Employees, who retire from the city with more than ten (10) total years of city service, beginning from the date of employment, shall be eligible to cash out sick leave in the “second” sick leave account at the rate of twelve (12) hours for each one full year (12 months) of city service.
3. Upon death of an employee prior to retirement, the City will pay to the employee’s designated beneficiary the employee’s accumulated sick leave accrual in an amount consistent with the above retirement-related pay-out schedules as separately set forth in C(1) and C(2) above at the employee’s base hourly rate of pay.
D. In order to receive compensation while absent on sick leave, the employee shall, under normal circumstances, notify his/her immediate supervisor, or the on-duty watch commander prior to the time set for the beginning of his/her daily duties. Employees are encouraged to contact their immediate supervisor or the on-duty watch commander at least one (1) hour prior to the beginning of his/her daily duties. A supervisor may require an employee to submit a health care provider’s statement of illness or other satisfactory verification of illness regardless of the length of an employee's period of absence. Following any period of absence, a supervisor may require of the employee that they submit a health care provider’s certificate indicating that they are capable of returning to duty.
E. The City Manager or Police Chief may, at any time there is a reasonable basis to believe an employee may be presently unfit for duty and in order to receive further information with respect to the ability of the employee to perform his job duties, request such employee to submit to a medical examination, either physical or mental, at the expense of the City.
F. Refusal of any employee to submit to such a medical examination shall constitute insubordination and grounds for disciplinary action.
G. Government Code Section 21163 provides in pertinent part that the retirement of a PERS member who has been granted or is entitled to leave, shall not become effective until the expiration of sick leave with compensation, unless the member applies for, or consents to, his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. In this regard, it is acknowledged that with regard to non-industrial disability
22 9852012.3 MO110-172
retirements, it is the rules and regulation of the City that no employee shall be entitled to use or receive cash distribution of sick leave on or after the effective date of said retirements and that any such retirement shall be effective regardless of the employee having sick leave remaining in the employee's account. Additionally, it is acknowledged that with regard to individuals suffering from an industrial disability and/or being granted an industrial disability retirement, that the following sick leave rules and regulations shall apply:
1. In any instance where the local safety member has exhausted eligibility for benefits pursuant to Labor Code Section 4850, but is not eligible for disability retirement at said time yet remains incapacitated from performance of the essential duties of the employee's position, then the employee shall have the option of electing to receive their sick leave balance existing at the time of exhaustion of the Labor Code Section 4850 benefits in accordance with the sick leave cash-out schedule contained in this Article (if eligible based on hire date), with said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.
2. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one-time cash distribution of the employee's sick leave balance as it existed on the effective date of the industrial disability retirement in accordance with the sick leave cash-out schedule contained in Section H of this Article 12 (as eligible based on hire date).
Further, said employee shall then be paid the cash value of accumulated vacation, holiday, and compensatory time off in one lump sum.
H. Upon accumulation of 500 sick leave hours, an employee may elect to cash-out up to ninety- six (96) hours accumulated sick leave, as long as the employee’s account contains at least 500 hours after the cash out. Any such cash-out shall be at 75% value (e.g., 96 hours cash- out = 72 hours pay). Requests for cash-out will be processed the first payroll date following December 1st of each year and shall be submitted in a manner prescribed by the City.
I. Catastrophic Leave Bank. All regular employees covered by this MOU may be enrolled in the Catastrophic Leave Bank as described in Administrative Policy 30-10. Membership in the Catastrophic Leave Bank will be voluntary and require an annual sick leave contribution of 8 hours pursuant to the provisions of Administrative Policy No. 30-10.
ARTICLE 13 - BEREAVEMENT LEAVE
Each regular employee will be granted bereavement leave whenever death occurs to a member of the employee’s immediate family. Bereavement leave may not exceed three shifts, however, if travel outside the State of California, or within the State of California but extending beyond a distance of 300 miles from Monterey Park is necessary, bereavement leave may be extended to a total of five shifts. Bereavement leave must be used within two weeks of date of death and may be taken on non- consecutive days. Shifts of Bereavement Leave are to be charged to an account separate from the
23 9852012.3 MO110-172
employee’s sick leave account. The Police Chief may extend the timeframe to use bereavement leave in unusual circumstances (e.g., funeral services delayed beyond two weeks following date of death).
Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father-in-law, step-father, mother, mother-in-law, step-mother, child, stepchild, son- in-law, daughter-in-law, grandparents, grandparents-in-law, grandchildren, brother, brother-in-law, step-brother, sister, sister-in-law, or step-sister of the employee.
ARTICLE 14 - MILITARY LEAVE
Military Leave of Absence shall be granted in accordance with provisions of the City of Monterey Park’s Personnel System Rules and Regulations, Administrative Policy 30-14 and as defined under State and Federal law.
ARTICLE 15 - JURY DUTY LEAVE
An employee who is required to serve as a trial juror, or is required to appear in court as a witness except as the litigant in the case, shall be allowed to be absent with pay, from assigned duties within the City, during the period of such service or while necessarily being present in court.
Under such circumstances, the employee shall receive regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a witness, or as a juror, with the exception of travel pay, which may be retained by the employee.
The employee shall immediately advise the Department of receiving a court subpoena or governmental hearing order to serve as a witness. The employee shall be allowed leave with pay during the period of such service.
The employee shall advise the Department upon receiving a court order to appear for the initial examination as a prospective juror, or subsequently to serve as a juror. Should an employee volunteer for jury service (i.e. for the Grand Jury) and be selected to serve, leave with pay shall be subject to approval of the City Manager.
ARTICLE 16 - LEAVE OF ABSENCE WITHOUT PAY
Except as modified herein, Leave of Absence shall be governed by Personnel Rule XI. Attendance and Leaves, Sec. 4 Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park.
A. Leave of Absence Without Pay - The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed ninety (90) calendar days. However, no such leave shall be granted unless the employee's Department Director recommends and the City Manager has approved said leave prior to its commencement date. Upon a showing of good and reasonable cause, the City Manager has authority to retroactively define an unauthorized non-paid leave of absence as being approved and sanctioned.
24 9852012.3 MO110-172
No such leave shall be effective except upon written request of the employee following exhaustion by the employee of all accrued paid leaves of absence (except sick leave - see below), including but not limited to vacation, holiday and compensatory time off. If the non- paid leave of absence is solely attributable to a medical condition which would allow the employee to utilize accumulated sick leave, then said sick leave shall be exhausted prior to the granting of any leave without pay status. However, those employees taking a non-paid leave of absence pursuant to the FMLA/CFRA are not required to use accrued compensatory time earned in lieu of overtime. Additionally, any such employee on a non-paid leave of absence pursuant to FMLA/CFRA, shall be required to use sick leave concurrently with said leave only if the leave is for the employee's own serious condition.
The City Council may authorize a regular employee to utilize leave of absence without pay for a period not to exceed the accumulated total of one hundred and eighty (180) calendar days during the entire term of the employee's service on behalf of the City. For example, if during an employee's length of service with the City, said employee has been granted an accumulated total of one hundred and eighty (180) calendar days of leave without pay, then said employee shall not be eligible for any additional leave without pay status for any duration of time.
The granting of a leave of absence without pay consistent with this policy shall be documented in writing by the City Manager and a copy of said documentation shall be filed with the Director of Human Resources and Risk Management.
In any instance where an employee is utilizing an approved leave of absence without pay for a period of time greater than fifty percent (50%) of a pay period, said employee shall accrue no leave benefits or seniority for the duration of time while in said status.
All requests for approval of leave without pay shall be initiated by the subject employee making said request on a City provided personnel action request form and said form shall become a permanent part of the employee's personnel file.
B. Maintenance of Insurance Benefits while on Leave of Absence Without Pay - It shall be the policy of the City that when an employee maintains employment status but is in a non-paid leave of absence, then the City shall make no premium or other contributions necessary to maintain in force and effect, any or all insurance coverage for which an employee would be otherwise eligible except as required by law. If such an employee desires to maintain during an authorized non-paid leave of absence, any or all insurance benefits otherwise available to an employee, then said employee shall be required to deposit any and all insurance premium payments with the City Director of Management Services on the date that the City is otherwise required to remit insurance premium payments to the carrier. Each employee shall be advised in writing of this City policy at the commencement of the authorized leave of absence without pay. There shall be no additional notices of said obligation provided to the employee.
ARTICLE 17 - FMLA/CFRA COMPLIANCE
25 9852012.3 MO110-172
It is the stated intent and policy of the City that should any provision within a Memorandum of Understanding, these rules and regulations, or any other policies or procedures adopted by the City or any of its subdivisions be in violation of the California Family Rights Act and/or the Federal Family and Medical Leave Act, then such provision is null and void.
ARTICLE 18 - INDUSTRIAL INJURY AND ILLNESS LEAVE
A. Except as modified herein, Industrial Injury and Illness Leave shall be governed by Personnel Rule XI, Section 4a, Industrial Injury and Illness Leave of the Personnel System Rules and Regulations of the City of Monterey Park and state law.
B. An employee who is absent due to an Industrial Injury for an extended period of time will be considered to be on a Monday through Friday 0800 hours - 1700 hours schedule. The employee shall not be required to be at any specific location during this time period, however, must be available by cell phone.
ARTICLE 19 - MODIFIED DUTY
A. Subject to the exceptions described below, modified duty shall be made available only to those individuals suffering from an industrial injury. Non-industrial disabilities related to pregnancy, shall result in the subject employee being eligible for modified duty subject only to the criteria of Section B and Section C, subsections 1-6 as described below.
B. It is the policy of the City to return work related injured or ill employees to work as quickly as is medically feasible. Every effort will be made to make "modified work" available to industrially injured employees who are not medically ready to return to full duties, but are able to perform light or modified duties without the likelihood of aggravating the injury. "Modified work" is defined as the performance of limited job tasks which do not encompass all of the essential duties for that particular job class or assignment to job tasks not typically performed by the employee but that provide productive work opportunities. "Modified duty" shall only be made available until the employee's condition becomes "permanent and stationary" or reaches maximum medical improvement under the prevailing workers' compensation statute and in no case shall extend beyond the statutory benefit period afforded under Labor Code Section 4850 for safety personnel. "Modified duty" shall not be considered a reasonable accommodation since the essential duties for the job are not taken into consideration.
C. Modified duty may be allowed only if all of the following conditions are met:
1. The Chief of Police determines that he/she has productive work available, which is within the work restrictions imposed by the qualified medical specialist. Any such decision by the Chief of Police shall not be subject to administrative or court challenge.
2. The Risk Manager concurs that such work will not impose an unacceptable level of risk to the City or the employee; and
26 9852012.3 MO110-172
3. The City Manager concurs that the modified work assignment of the named employee is in the best interests of the City.
4. The determination of availability of a modified work assignment shall be made on a case-by-case basis and at the sole discretion of the City.
5. No modified duty assignment shall be made prior to conditions 1-3 being met;
6. There shall be no appeal of any decision which results in no assignment of modified duty being made.
D. Non-Industrial Modified Duty
1. In addition to the above, non-industrial modified duty may be assigned when the following additional criteria are met (pregnancy disability not subject to the restrictions described below):
a. Employee meets all the criteria as stated in Section C of this article.
b. Employee receives a medical release from the designated City doctor that modified duties may be performed.
c. The prognosis is for the injury/illness to exceed 2 weeks (14 days).
d. The employee is released to work at least half of a full shift (either 5/8 or 4/10 schedule).
e. The employee’s schedule is to be determined at the sole discretion of the Chief of Police. The Chief’s determination shall not be subject to any administrative or court challenge.
f. Modified duty is intended to be temporary and therefore modified duty for non-industrial injury/illness shall not exceed 30 calendar days. With a physician’s note that indicates medical improvement but continued work restrictions, the Police Chief may agree to extend the modified duty for an additional thirty (30) day period.
g. An individual on non-industrial modified duty may be assigned to any Division of the Police Department or any Department of the City.
h. No more than one individual may be assigned non-industrial modified duty at any one time unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual.
The Chief’s determination shall not be subject to any administrative or court challenge.
27 9852012.3 MO110-172
i. No individual may be assigned, or continue to be assigned, non-industrial modified duty if there is any Officer assigned modified duty for an industrial injury unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual. The Chief’s determination shall not be subject to any administrative or court challenge.
j. At all times, industrially injured individuals shall have precedence for modified duty assignments over non-industrial injured individuals.
ARTICLE 20 - UNIFORM ALLOWANCE
A. The uniform allowance shall be seven hundred twenty-five dollars ($725) per year and the City shall continue its credit/retail account program with a retail outlet to be determined by the City, in lieu of cash payment of the uniform allowance.
In addition, the following shall apply:
1. Employees may choose to receive cash payment for the uniform allowance each fiscal year. Requests to receive the cash payment shall be submitted no later than the first paycheck of June for the following fiscal year cash option.
2. Employees who do not elect to receive a cash payment and who do not use the full $725 allowance with the retail outlet will receive any remaining balance as cash payment for uniform maintenance or other uniform related costs.
The parties agree that this shall be reported as reportable special compensation to CalPERS for “classic members”, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5). All uniform allowance cash payments will be reported on the employee’s W-2 form under “Other Compensation” to meet Internal Revenue Service requirements.
B. The number of retail outlets utilized for the credit/retail account program will not exceed four locations. The selection of the outlets is to be determined by the City, after consultation with the Association.
Unit members have the option of purchasing their equipment from vendors other than the city approved vendor/retail outlet, as long as the equipment meets departmental specifications. Subject to the amount listed above, a member will be eligible for reimbursement upon bringing in the receipt, showing the detail of the purchased equipment to their supervisor, for approval prior to usage. All equipment and uniforms must meet departmental standards and specifications to be eligible for reimbursement.
The City purchases and issues bullet resistant vests to each unit member and follows the replacement schedule identified by the manufacturer. Employees who believe that their vest is damaged, defective, or deemed unsuitable due to wear and tear should notify the department so that the vest can be evaluated for replacement eligibility.
28 9852012.3 MO110-172
ARTICLE 21 - HEALTH INSURANCE
A. Medical Insurance (Active Employees)
Employees will receive insurance coverage through CalPERS under the California Public Employees’ Medical and Hospital Care Act (PEMHCA). The City’s contribution toward medical insurance under PEMHCA will be the minimum employer contribution (MEC) required by PEMHCA (in 2019 the MEC is $136/month).
B. Retiree Medical Insurance
1. Employees Hired On or After January 1, 2016
Employees, who are hired into City service on or after January 1, 2016 and retire from the City, will be eligible for medical insurance provided by PEMHCA and the City will contribute the minimum employer contribution (MEC) as required under PEMHCA. For 2019, this amount is $136 per month. PEMHCA determines the amount annually and therefore, this is subject to change.
2. Retiree and Employees Hired Prior to January 1, 2016
Current retirees and employees who were hired on or before December 31, 2015 will be eligible for medical insurance provided by PEMHCA and when enrolled in PEMHCA, receive a City contribution equal to the MEC under PEMHCA. The City shall also make a monthly contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and the contribution amount set forth below (subject to the actual premium of the PEMHCA plan):
a. If the employee retired from City employment with less than 20 years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $485/month (includes the MEC) toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.
b. If the employee retired from City employment with 20 or more years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $650/month toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.
c. Medicare
Retirees must comply with the Medicare enrollment requirements set forth by PEMHCA and the City’s health plan program.
If a retiree does not qualify for Medicare and has submitted the requisite proof to CalPERS, the retiree may remain on a CalPERS basic plan until the retiree later qualifies for Medicare Part A at no cost.
29 9852012.3 MO110-172
C. Dental Insurance
The City will contribute up to ninety-five ($95) dollars per month toward the premium for eligible employees and all eligible dependents. The employee will pay any and all premiums due in excess of the City’s contribution under the City’s Cafeteria Plan (Section 125).
D. Vision Insurance Plan
The City shall provide a vision insurance plan. The City will contribute up to twenty ($20) dollars per month for the employee and eligible dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan. The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months.
Deductible shall be $10.00/exam; $20.00/frame and lenses.
E. Section 125 Cafeteria Plan
1. The City agrees to maintain a premium conversion plan for all active unit members to provide for the pre-tax deduction of the employee’s share of premiums toward medical coverage, and when applicable, the employee’s share of premiums toward the dental plan as well as any premium payment for CalPERS Long Term Care which the employee may elect to participate in an pay through payroll deduction.
2. The City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to one thousand two hundred and fifty dollars ($1,250) per month for employees electing to enroll in a medical plan in PEMHCA. The City’s contribution will include the PEMHCA MEC ($136 per month for 2019) toward the medical plan and the balance may be used for other eligible expenses. Eligible expenses include:
(1) medical insurance premiums, (2) dental insurance premium, (3) disability insurance premium, (4) vision insurance premium, and cash (as set forth below).
Employees will be responsible for paying the amount of the total insurance premium that exceeds the City’s contribution via the Cafeteria Plan (IRC Section 125 Plan).
3. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out incentive, the employee must, annually, certify to the Affordable Care Act requirements for an “Eligible Opt Out Arrangement” on a form provided by the City.
4. Specific details of this cafeteria plan will be contained in a plan document available for review by employees at the City’s Human Resources Department.
F. AFFORDABLE CARE ACT REOPENER
The City may reopen negotiations at any time during the term of the MOU to meet and confer over impacts of the Affordable Care Act.
ARTICLE 22 – RETIREE HEALTHCARE TRUST
30 9852012.3 MO110-172
A. Effective July 1, 2020, the City has agreed to contribute one-hundred dollars ($100) per month to full-time Unit employees toward a Retiree Healthcare Trust (RHT). The contributions will be made for each complete calendar month that the employee is employed by the City.
B. Representatives of the City and the Association shall work together for the implementation of the RHT on July 1, 2020.
ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING
ARRANGEMENT
The City will offer a voluntary medical and dependent care flexible spending accounts to employees.
The City will pay the administrative fee for the plans and the employee will be responsible for individual account fees.
ARTICLE 24 - LIFE INSURANCE PLANS
A. Life Insurance –The City shall provide each employee covered under this Agreement a term life insurance policy in the amount of $100,000.
B. Supplemental Life Insurance may be purchased by each employee in $10,000 increments with a maximum face value of $300,000, or three times (3X) the individual’s gross salary, whichever is less. Any premium cost for supplemental insurance shall be borne by the employee.
ARTICLE 25 - EDUCATIONAL INCENTIVE PAY
City agrees to maintain an Educational Incentive Pay Plan which provides additional compensation as follows:
A. $ 175.00 additional compensation per month for an employee who possess an intermediate or higher POST Certificate and who does not otherwise qualify for the educational incentive pay as provided for in this article, and $ 250.00 additional compensation per month for an Advanced POST Certificate for an employee who does not otherwise qualify for the educational incentive pay as provided for in this article. In no case shall the total additional monthly compensation under this section A of Article 25 exceed $ 250.00 per month.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:
$ 300.00 additional compensation per month for an employee who possesses an Intermediate POST Certificate, or additional compensation per month of 7% of base salary for an employee who possesses an Advanced POST Certificate. In no case shall
31 9852012.3 MO110-172
the total additional monthly compensation under this section A of Article 25 exceed $ 7% of base salary per month.
B. $135.00 additional compensation per month for an employee with an Associate of Arts degree or 60 units of college credit from an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education in any major.
C. $275.00 additional compensation per month for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:
Additional compensation per month of 5% of base salary for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City. Employees with both a Bachelor’s degree and an Associates shall receive compensation only for possession of the highest degree (i.e. Bachelor’s degree)
. $
D. The maximum Education pay that the employee is eligible for possession of a POST certificate and a degree is 12% of base pay
The parties agree that this is special compensation or pensionable compensations, and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(a)(2) as – Educational Incentive Pay.
ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT
Educational costs shall be limited to two thousand dollars ($2,000) annually per unit member for eligible reimbursement expenses as defined within this Article. The City agrees to reimburse employees for the cost of enrolling in college-level courses in an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education directly related to their employment, or compatible with a career goal with the City. Enrollment cost reimbursement is subject to approval by both the Chief of Police and the Director of Human Resources and Risk Management. In rendering a reimbursement determination, the Chief of Police and the Director of Human Resources and Risk Management shall consider whether or not the course(s) for which the reimbursement is sought is related to the employee's then existing principal duties and the availability of funds for reimbursement purposes.
No employee shall be entitled to reimbursement unless pre-course enrollment written authorization for reimbursement is received from the Chief of Police and the Director of Human Resources and Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Chief of Police and the Director of Human Resources and Risk Management shall be final.
32 9852012.3 MO110-172
Enrollment cost reimbursement will be paid according to the following schedule:
1. If tuition or fees are equal to or less than current California State University at Los Angeles fees, the City will pay 100% of the tuition fees.
2. If tuition or fees exceed California State University at Los Angeles fees, the City will pay an amount equal to 100% of the California State University at Los Angeles fees.
An employee will be reimbursed up to seventy-five dollars ($75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to two hundred dollars ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.
ARTICLE 27 - BILINGUAL PAY
The City shall pay one hundred fifty dollars ($150) per month to each employee, who is capable of speaking and interpreting a foreign language as deemed useful by the City.
The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) – Bilingual Premium.
ARTICLE 28 - SALARIES AND WAGES
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, the City shall implement an across the board one percent (1%) base salary increase for all employees in the Police Officer and Police Corporal classifications.
Essential Worker Premium Pay under ARPA : The City will make a one-time non-PERSable payment of $6,000 per employee who was employed in a classification in this bargaining unit prior to March 31, 2021 and is still employed in a classification in this bargaining unit at the time of distribution of the lump sum payment. The payment shall be distributed with the payroll for the pay period beginning after City Council ratification of this MOU.
Salary ranges for Police Officer and Police Corporal are listed in Addendum A.
Longevity: The City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service with the City. The longevity payment will increase to three-hundred fifty dollars ($350) per month upon completion of twenty- five (25) years of continuous service with the City.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, longevity pay shall be increased to the following non- cumulative amounts:
$200 per month after completion of 15 years of continuous safety service with the City;
33 9852012.3 MO110-172
$300 per month after completion of 20 years of continuous safety service at the City; and $450 per month after completion of 25 years of continuous safety service at the City.
The parties agree that that this is special compensation or pensionable compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) or 571.1(a)(1).
ARTICLE 29 - SENIORITY
Time which has been spent in a position designated by the Department as an "acting position" does not qualify as seniority for time served within the acting position rank as credit for completion of a probationary period for the acting rank, or as credit for time in rank for merit pay step increases.
Seniority of officers shall be determined by rank (Officer or Corporal) and further, by the length of service in the rank. If the date of appointment to that rank is the same for two officers, the one occupying the higher position on the eligibility list shall be considered the senior officer.
When an employee is transferred to a special assignment, seniority will be based by rank and, further, by the length of service in that rank. If the date of appointment to that rank is the same for two employees, the one occupying the higher position on the eligibility list shall be considered to have seniority.
Patrol assignments [e.g. beat assignments, vehicle assignments, meal breaks (Code 7s)] shall be determined by seniority unless there is a Department necessity relating to field training (e.g. trainee needs training in a particular beat) or the need for specific experience. Under normal circumstances, seniority shall not be disregarded based on specific experience, rather, it is intended to allow the Department to utilize special assignments in a particular beat due to identifiable crime trends.
ARTICLE 30 - RETIREMENT
A. Retirement Benefits - Retirement Benefits as provided in contract, dated November 1, 1952, with the Public Employees' Retirement System and as follows:
1. Effective June 24, 1989, "Single Highest Year" option;
2. Effective March 20, 1976, "Post Retirement Survivor" option;
3. Effective May 8, 1999, "1959 Survivor's Benefit" - Level 4;
4. Effective August 18, 2001, “3% @ 55” formula Retirement Plan.
5. Effective November 1, 2003, Military Service Credit as Public Service
B. Classic Employees:
Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2018-19 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%)
34 9852012.3 MO110-172
retirement contribution as cost sharing pursuant to Government Code section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre- tax deduction.
PEPRA Employees:
Employee Paid Retirement Contribution: “PEPRA” employees pay 50% of normal costs, which is currently 11.5%. Effective the payroll period following the 2018-19 CalPERS contract amendment approval, such employees shall pay the higher of twelve percent (12%) or the rate which CalPERS informs the City (each year) that new members are required to pay for their employee retirement contribution. If the rate established by CalPERS (each year) is below twelve percent (12%), the remaining contribution up to twelve percent (12%) is made per Government Code section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction.
Cost-Sharing
The parties agree to cost-sharing of the employer retirement rate as noted above. The City will pursue a contract amendment with CalPERS for the cost-sharing portion of employee contributions toward retirement. The parties agree to complete the contract amendment process during the first year of this MOU. Cost sharing will begin as noted above.
If, at some future date, unit members no longer agree to cost sharing, the City will simultaneously reduce the salary range for all Unit members by 3% and reduce any impacted employees’ base pay accordingly.
C. Employees who are classic members have the retirement formula that existed with the City on December 31, 2012, 3%@55 with single highest year for final compensation. (Tier 1)
D. Employees who are ‘New Members’ as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system, or who has had a break in CalPERS service of at least 6 months or more) will constitute a second tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits:
Tier 2: “New Members’ will have the retirement formula 2.7%@57, and the three year average, final compensation.
ARTICLE 31 - MEDICAL EXAMINATION
A medical examination of any employee may be required by the City when job related and consistent with business necessity to ensure the employee is free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer as permitted by Government Code 1031(f). The exam and will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.
35 9852012.3 MO110-172
ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN
A. 401(A) PLAN
The City will amend the 401(a) plan to permit employer contribution on behalf of unit members. The plan amendment will be effective July 1, 2021. [Effective July 1, 2021, the employer contribution will be 1% of regular pay on a monthly basis, but under no circumstances shall exceed the contribution limitations of Internal Revenue Code section 401(a) and related regulations and guidance.]
B. DEFERRED COMPENSATION PLAN (457(B))
The City of Monterey Park 457(b) Deferred Compensation Plan allows employees to defer compensation within the limits of Internal Revenue Code 457(b) for the applicable plan year.
The City of Monterey Park 457(b) Deferred Compensation Plan also allows employees nearing retirement the opportunity to make special catch up deferrals up to the lesser of: (a) two times the applicable dollar amount of the plan ceiling for the current year; or (b) the unused amount of the plan ceilings from prior years PLUS the ceiling for the current plan year. These contributions are known as “Special Catch Up” contributions.
Employees must meet the eligibility criteria in the City’s 457(b) Plan, Internal Revenue Code 457(b) provisions, and related regulations and applicable guidance, in order to be eligible to make a Special Catch Up contribution.
The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement year in converting the hourly rate of accrued compensable leave to monies into their contribution to the City’s deferred compensation plan.
After an employee defers compensable accrued leave, balances of 120 hours must remain or be maintained in both their sick and vacation accrual banks. If an employee defers compensable leave from a bank that has a formula of payout at retirement (i.e. 50% sick leave at retirement) the deferral does not recalculate the remaining balance. All sick leave hours, per MOU provisions, will be on a fifty percent basis (i.e. a conversion of 100 hours will result in the salary equivalent to 50 hours being deposited into the employees deferred compensation account). In the final three (3) years prior to an employee’s stated retirement year, they may convert the hourly rate of accrued compensable leave to monies to be included in their contribution to the City’s deferred compensation plan per the schedule outlined below:
36 9852012.3 MO110-172
3-year Catch-up Plan – Subject to IRS 457(b) contribution guidelines and annual limits. 1st year: no more than 20% of compensable accrual time of Sick Leave, Vacation Leave and Holiday Leave as allowed by Federal Law.
2nd Year: If a second year is chosen, no more than 35% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 50% of compensable leave may be deferred.
The City is not a party to and accepts no responsibility for the employees’ obligations under federal law to comply with the IRS and legal requirements of such deferrals allowing 457 participants a one-time catch-up provision to make deferrals to “catch-up” underutilized deferrals from prior years during any or all of the three calendar years ending before the tax year they reach the plans normal retirement age.
ARTICLE 33 - EMPLOYEE SAFETY COMMITTEE
A committee of three POA members is to be established. One of the three members will be the Association President, or the Association Vice President. This Committee will meet with appropriate Departments and City officials in matters related to on-duty safety.
Blood borne and Airborne pathogen exposure control training shall be provided to appropriate unit employees and required immunizations will be provided to employees as required at City cost.
ARTICLE 34 – DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL
ASSIGNMENT PAY
A. Special assignments shall consist of Motors, Detectives, Neighborhood Engagement Team (NET), Field Training Officer, Canine Handler, and Range Master (only one individual).
B. The term of any one (1) particular special assignment shall be for a period of forty-eight (48) consecutive months from the date of placement in the particular special assignment, with the employee having the option to elect an additional twelve (12) month period of service in the special assignment, resulting in sixty (60) consecutive months of placement within a special assignment. The employee shall notify the Office of the Chief of Police in writing not later than the end of the forty-fifth (45th) consecutive month of special assignment service, as to whether or not the employee elects an additional twelve (12) month period of service. (Canine Handler shall be considered a special assignment, however, the set term of such assignment shall be determined at the commencement of the assignment to constitute the service life duration of the assigned canine, multiplied by two (2), but in no event less than nine years. For example, if the service life of a canine is sixty (60) months, the term of assignment for a canine handler shall be one hundred twenty (120) consecutive months. The above-described option to elect an additional twelve (12) months of special assignment shall not be applicable to the Canine Handler.
37 9852012.3 MO110-172
1. At the conclusion of the initial forty-eight (48) month, or the extended sixty (60) month term, the Chief of Police may, at his/her sole discretion, extend the term of an employee’s special assignment up to an additional six (6) months if the Chief of Police determines it is in the best interests of the Department to do so because of the employee’s involvement in a particular project, investigation or other matter is required. After the additional term of six (6) months has been concluded, the Chief of Police will request interest memos from all qualified employees. If no qualified employee submits an interest memo for the position, the Chief of Police may at his discretion grant an additional extension of six (6) months. This process may be continued every six (6) months until a qualified employee submits an interest memo for the position. Any extension of a special assignment following the completion of sixty (60) months, will count as part of the one year waiting period eligibility requirement for a new special assignment. Should the Police Chief seek an alternative method to handle the extension of assignments, he/she will meet and confer with POA prior to implementation of the new process.
C. Affected employees who have been placed in a special assignment prior to February 13, 2006 shall not be subject to the forty-eight/sixty (48/60) special assignment limitation set forth herein.
D. Any affected employee performing in a specialty assignment may submit a written request to the Chief of Police, proposing that the employee be assigned out of the special assignment.
The decision of the Chief of Police as to whether or not such request shall be granted and if so, when the reassignment shall be effective, lies in the sole discretion of the Chief of Police, whose determination shall not be subject to administrative or civil challenge or appeal.
However, any such request shall be honored and the employee transferred within sixty (60) calendar days of the request being submitted. An additional thirty (30) day extension is permitted if required for departmental needs.
E. At the conclusion of the above-described term of specialty assignment, or upon being granted exit from said assignment during its term, the affected employee shall be eligible to apply for a different specialty assignment, but shall be ineligible to be appointed to the same specialty assignment which term has just been completed, or from which the employee has exited during the term, for a period of twelve (12) months from the last date of service in the specialty assignment.
F. Reassignment in a specialty position of the same or different type than that in which the affected employee has previously performed services, shall be subject to all applicable policies, practices and procedures utilized by the Chief of Police for selection of participants in specialty assignments.
G. All affected employees participating in a special assignment, shall be subject to the removal/appeal policies and procedures set forth below in subsection H.
H. 1. Appeal procedures for employees removed from specialty assignments after twelve months or more of receiving the assignment:
38 9852012.3 MO110-172
A California Court of Appeal case has recently held that in many circumstances, reassignment from a special assignment as described above and loss of bonus compensation, can be implemented only upon the Department stating cause for the reassignment, and with the Officer then having a right to contest the reassignment through all available administrative appeal procedures. In this case, said procedures may include access to a trial-type evidentiary hearing before a hearing officer pursuant to Article 7 of the MOU. (The City does not acknowledge that said court ruling is controlling, yet it does form the basis for the compromise described in this Article.). However, the following limitation shall apply to administrative appeals conducted pursuant to Article 7 of the MOU and which regard reassignment from a special assignment as that term is used in this Article:
Each party to the Article 7 administrative appeals before a hearing officer shall be limited to a maximum of eight (8) hours of presentation time during conduct of an administrative appeal pursuant to MOU Article 7 (C)(4) Level IV Administrative Hearing. For purposes of time-limit computation only, the Association and any one (1) employee, as well as any other entity that may properly be appearing on behalf of or with an interest similar to the POA or employee, shall be jointly deemed to be the same one party for computing the time limitation on presentations. Accordingly, the time limitation shall not be multiplied by the number of individuals or entities appearing, on behalf of, or with an interest similar to, the individual employee who has been reassigned.
"Presentation Time" against which shall be charged the eight (8) hour presentation time limitation, shall include oral opening statement and oral closing argument, direct/redirect examination of witnesses, rebuttal and sur-rebuttal witness testimony, demonstrations and site inspections (excluding travel time to and from the site).
Cross examination shall not be counted as part of the "Presentation Time."
The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the eight (8) hour limitation, the hearing officer shall have no authority to extend said limitation.
2. Appeal procedures for employees removed from specialty assignments in less than twelve (<12) months of receiving the assignment:
The following administrative appeal process is established pursuant to Government Code § 3304.5. It shall supplement, though not replace, the disciplinary appeal processes established in other provisions of the Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Police Officers’ Association.
This procedure shall not apply to disciplinary actions for which officers already are entitled to receive an appeal hearing pursuant to either Article 7 or 34 of the Memorandum of Understanding. It shall only apply to punitive actions, as that term is defined by Government Code § 3303, for which officers do not already receive an
39 9852012.3 MO110-172
appeal hearing under either Article 7 or 34 of the Memorandum of Understanding.
MOU ARTICLE 7 GRIEVANCE PROCEDURE applies to disciplinary action “as defined by City Personnel Rules and Regulations.” Personnel Rule XV(1) defines disciplinary actions as being limited to suspensions without pay, reduction in class position or dismissal. Thus, this particular procedure shall only apply to the removal of employees from their specialized assignment within the first twelve (12) months of receiving such an assignment.
A. Right to Administrative Appeal
1. Any public safety officer (as defined by Government Code § 3301) who is subjected to punitive action (as defined by Government Code § 3303) other than dismissal, demotion (reduction in class position) or suspension is entitled to an administrative appeal pursuant to this procedure. An officer shall be entitled to appeal an action upon receiving written notification of such action.
2. Officers subjected to dismissal, demotion, or suspension shall continue to be entitled to an appeal in accordance with existing procedures set forth in other provisions of the Memorandum of Understanding.
3. Each Party shall bear their own costs incurred under this procedure.
B. Notice of Appeal
1. Within ten (10) calendar days of receipt by an officer of written notification of punitive action, the officer shall notify the Chief of Police in writing of the officer’s intent to appeal the punitive action.
2. The notice of appeal shall specify the action being appealed and the substantive grounds for the appeal.
3. Failure to timely serve written notification of an appeal shall result in waiver of any right to appeal.
C. Hearing Officer
The City Manager or designee shall act as the hearing officer. The determination of the City Manager or designee shall be administratively final and binding.
D. Burden of Proof
The City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the punitive action and the burden of proving that the punitive action was reasonable under the circumstances.
40 9852012.3 MO110-172
E. Conduct of Hearing
1. For the purposes of this specific hearing regarding the proposed removal of an officer within the first 12 months of a specialized assignment the provisions of Government Code § 11513 shall apply to the hearing. The City understands that an employee cannot be compelled to testify even if the employee does not testify in the presentation of his/her case.
2. Following the presentation of evidence, if any, the parties may present verbal closing arguments and/or in the sole discretion of the hearing officer, written closing arguments, as well.
F. Record of Hearing
1. The hearing shall be audio recorded. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.
G. Representation
The officer may be represented by a representative of his or her choice at all stages of the proceedings. The appointing authority shall also be entitled to representation at all stages of the proceedings.
H. Decision
1. The City Manager or designee shall serve the parties with written notice of his/her decision within thirty (30) calendar days of submission of the case by the parties.
2. The decision shall be served by first class mail upon the appointing authority and the officer as well as his/her attorney or representative.
The decision shall advise the officer that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.
3. If applicable, the decision to return the employee to his/her specialized assignment shall include back pay.
I. The City agrees to pay two hundred dollars ($200.00) per month special assignment pay for employees regularly assigned to special assignments listed section A of this Article. This pay will increase to three hundred dollars ($300.00) per month beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU.
41 9852012.3 MO110-172
In no case shall any individual be eligible to receive multiple special assignment pay provisions.
The parties agree that for the special assignments listed section A of this Article , this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).
J. Canine Pay - Employees who are assigned to Canine Officer duties are entitled to compensation for the hours spent with their canine feeding, grooming, caring, and training with the dog as well as cleaning their canine vehicle. The parties acknowledge that the Fair Labor Standards Act which governs the entitlement to compensation for canine duties entitles parties to agree to a reasonable number of hours per month for the performance of canine duties. The Fair Labor Standards Act also allows the parties to agree on appropriate compensation for the performance of canine duties. It is the intent of the parties through the provisions of this article, to fully comply with the requirements of the Fair Labor Standards Act. In addition, both parties believe that the following agreement does comply with the requirements of the Fair Labor Standards Act.
In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed that the hours to which the parties have agreed – (three hours per week) accurately describes the time such employees are performing such duties each week. A sworn unit member assigned to canine duty will receive additional compensation of $200.00 per month in addition to his or her base salary. This amount recognizes that the time spent in the care (including feeding, caring and grooming), maintenance and training of his or her assigned dog as well as the cleaning of his or her assigned vehicle shall be considered hours worked payable at the rate of $15.39 per hour ($15.50 as of January 1, 2023, in which case the amount will increase to $201.50). It is understood that unit members normally spend three (3) hours per week performing such work. A unit member who is required to perform extraordinary off-duty canine care, such as a veterinary emergency or other rare occurrence which is not a part of the member’s customary care, maintenance or training of the dog or cleaning of the canine vehicle shall submit a written request to the Chief of Police or assigned designee for additional compensation for the hours spent performing such work. Any additional compensation shall be at the employee’s regular rate of pay.
K. Only those employees, who apply for, test and are designated as FTO’s shall be assigned to train employees in patrol. The City agrees to pay two hundred dollars ($200.00) per month to individuals selected as a Field Training Officer (FTO). The decision to select a member as a “full-time” FTO after the testing process will be at the sole discretion of the Chief of Police. However, the minimum number of “full-time” FTOs shall be five (5). Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU employees designated as FTOs shall receive an additional $100.00 per month when the FTO is assigned to train another sworn officer.
42 9852012.3 MO110-172
a. For those individuals not receiving FTO premium pay under the provision of this Article 34 (K), if within the twenty-eight (28) day work period, because of the unavailability of a compensated FTO, an individual is qualified as an alternate FTO and acts as an FTO for a total of twenty-four to forty-eight hours, then said individual shall be paid Fifty Dollars ($50.00). If the individual works as an alternate FTO for more than forty-eight hours in the twenty-eight (28) day work period, then the individual shall receive One Hundred Dollar ($100.00). With the exception of Traffic Bureau training, which will be eligible for alternate FTO compensation, nothing herein shall be interpreted to provide for any FTO compensation for training that occurs as part of a trainee being rotated through the Communications Bureau, Community Relations Bureau, Jail, Detective Bureau, or K9 program as part of the normal training cycle.
b. A “full-time” Field Training Officer (FTO) assignment shall be four (4) years. Any current “full-time” FTO who has been in the assignment for more than four (4) years upon the City Council’s ratification of this MOU may submit a memo within thirty (30) days requesting to retest for an additional four (4) year assignment. Any “full-time” FTO that currently has been in the assignment less than four (4) years will be subject to this section four (4) years from the date he/she began as a “full-time” FTO. There is no limit on the number of times an employee can be selected as an FTO; thus an FTO can reapply for the FTO position at the end of every four (4) year term. Any FTO wishing to be removed from the program may submit a memo to the Chief of Police as described in Article 34(D).
L. Employees holding the rank of Police Officer who are assigned duties supervising other sworn personnel shall be compensated $50 a day extra for no more than $200 in a twenty- eight day (28) scheduling period.
ARTICLE 35 – PROBATIONARY PERIOD
All original and promotional appointments to the competitive service shall be tentative and subject to the following probationary periods: eighteen months for appointment to the position of Sworn Police Officer, twelve months for promotional and lateral appointments to the positions of Police Corporal.
ARTICLE 36 - PERFORMANCE EVALUATIONS
If an employee is on an extended leave for more than sixty (60) consecutive days in a performance evaluation period, the City may change the annual performance evaluation date for an employee.
Beginning on the sixty-first date of leave, an employee’s performance evaluation date may be adjusted by one day for each day the employee remains on leave. For employees eligible for a step increase, the effective date of the step increase is adjusted to coincide with the modified performance evaluation date. This change only affects the date of the performance evaluation.
43 9852012.3 MO110-172
Performance evaluations shall be completed by a supervisor who directly supervised the employee during the specific rating period. The evaluation shall be completed on the basis of observation and/or knowledge of the employee’s work performance. Comments or information included in the evaluation that are based on observations and/or information gathered from other supervisory personnel shall be attributed to the employee who provided the comments.
No step raises, or other performance-based compensation, shall be delayed by more than sixty (60) calendar days due to the City failing to evaluate the affected employee’s performance in a timely manner. However, if an employee who is due a performance evaluation that includes a possible merit increase, does not receive their performance evaluation within sixty (60) calendar days after the date of their annual evaluation date, the merit increase shall process retroactive to the date of the employee’s anniversary date for merit increase consideration. The employee is to notify their supervisor and Human Resources at the time the sixty (60) calendar days have been exceeded. A personnel action form will be completed and the merit increase shall be made retroactive to the employee’s anniversary date.
ARTICLE 37 - WRITTEN NOTICES TO POA
Reasonable written notice will be given to the POA of any rule, ordinance, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. In cases where the City determines that as a result of an emergency, an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meetings with POA, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.
The POA shall be deemed to have met and conferred and agreed to any matter if within thirty days after mailing of the notice by the City regarding said matter, the employee organization fails to deliver to the City Manager a written request for a meeting.
ARTICLE 38 - GENERAL PROVISIONS
A. This MOU shall not in any way interfere with the obligation of the parties hereto to comply with the State and Federal laws, or with any rule, regulation, or order issued by such government authority pertaining to matters covered herein. If any provision, or provisions, of this MOU shall be affected by State or Federal laws, or of any rule, regulation, or order issued by such governmental authority, or if any provision, or provisions, should be held invalid by a court of record, the remainder of the MOU shall not be otherwise affected thereby.
B. The parties hereto agree to continue their long-standing policies in that there shall be no discrimination against any employee because of membership or non-membership in the POA or based on any protected class.
C. The parties hereto agree that this MOU cannot be modified, changed, and/or canceled in any way except by mutual consent of said parties in writing, as set forth in this Article 38.
44 9852012.3 MO110-172
D. Nothing contained in the MOU shall act as a waiver of any rights an individual may have under the workers' compensation law.
E. Side Letter & MOU Amendments
1. The Parties acknowledge that the provisions of the MOU require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this MOU. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this MOU. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through Side Letter or implementation memoranda approved by the Parties which, after execution, will be attached to this MOU as addenda and become a part hereof.
2. Side Letter or implementation memoranda may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any significant modification to the terms of performance under this MOU will be processed as an amendment of this MOU in accordance with this MOU and must be approved by City Council.
ARTICLE 39 - SUBSTANCE ABUSE POLICY
The parties have met and conferred in good faith and reached agreement upon modifications to the City Administrative Policy No. 30-10, as regards GUIDELINES FOR CONSUMPTION OF ALCOHOL AND ILLEGAL OR CONTROLLED SUBSTANCES.
ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2022 and ending June 30, 2023- and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary herein, all changes in matters within the scope or representation shall be provided prospectively from the date of MOU implementation. The “date of MOU implementation” shall be the date of City Council adoption of the MOU.
This MOU may be terminated as of the end of the initial term or any subsequent contract period by either party giving written notice to the other not less than ninety (90) calendar days prior to the termination date. If no notice is given in accordance with the terms of this Article, the MOU shall automatically renew for an additional year without any change whatsoever.
ARTICLE 41 - CITY COUNCIL APPROVAL
It is however, the mutual understanding of all parties hereto that this Memorandum of Understanding is of no force or effect whatsoever unless or until ratified and approved by minute action duly adopted by the City Council of the City of Monterey Park.
45 9852012.3 MO110-172
IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 7th day of September, 2022.
MONTEREY PARK POLICE OFFICERS’
ASSOCIATION CITY OF MONTEREY PARK
By
By
Troy Grant, POA President Ron Bow, City Manager
By
By
Ray Cota, POA Vice President Inez Alvarez, Assistant City Manager By
By
Russell Amundson, POA representative Martha Garcia, Director of Management Services By
By
Sandy Castillo, POA representative Christine Tomikawa, Director of Human Resources & Risk Management
By
Gonzalo Gabriel, POA representative
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
46 9852012.3 MO110-172
ADDENDUM A
CITY OF MONTEREY PARK
CLASSIFICATION AND BASE SALARY LIST
POLICE OFFICERS' ASSOCIATION MOU
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6195 6506 6831 7172 7531
Police Corporal 2 6601 6931 7278 7641 8024
Effective upon Council’s approval of this MOU retroactive to the pay period starting December 29, 2018 (1%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6257 6571 6899 7244 7606
Police Corporal 2 6667 7000 7351 7717 8104
Effective the beginning of the pay period following the 2018-19 CalPERS contract amendment approval (3%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6445 6768 7106 7461 7834
Police Corporal 2 6867 7210 7571 7949 8347
Effective the beginning of the pay period following January 1, 2020 (2%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6574 6904 7248 7610 7991
Police Corporal 2 7004 7355 7723 8108 8514
Effective the beginning of the pay period following April 1, 2020 (1.2%):
47 9852012.3 MO110-172
Police Corporal 2 7088 7443 7815 8205 8616
Effective the beginning of the pay period following January 1, 2021 (2 1/2%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6738 7076 7430 7801 8191
Police Corporal 2 7266 7629 8011 8410 8832
Effective the beginning of the pay period following January 1, 2022 (3%):
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6940 7288 7653 8035 8437
Police Corporal 2 7484 7858 8251 8663 9097
Effective with the first day of the pay period in which the POA ratifies the tentative agreement, the salary ranges for Police Officer and Police Corporal shall be increased by 1%
CLASSIFICATION
RANGE 1 2 3 4 5
Police Officer 7009 7361 7730 8115 8521
Police Corporal 7559 7937 8334 8750 9188
City Council Staff Report
DATE: September 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Anthony Antich, Interim Director of Public Works
SUBJECT: Proposed Local Road Safety Plan and Vision Zero RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution approving the Local Road Safety Plan and a Resolution adopting a Vision Zero Policy; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The federal government implements a Highway Safety Improvement Program (“HSIP”) that makes federal funds available for highway improvements. Among other things, the HSIP requires each State to adopt a State Highway Safety Plan (“SHSP”) to be eligible for federal money. California’s SHSP makes HSIP available to local governments that adopt a Local Roadway Safety Plan (“LRSP”).
The City Council authorized the City Manager to apply for HSIP funding earlier this year.
After the City was awarded HSIP grant money, it retained a consultant to develop Monterey Park’s LRSP for City Council Consideration. The LRSP is intended to proactively address local traffic safety needs, reduce traffic accident fatalities and serious injuries on all public roads. Adopting the LRSP also makes the City eligible to continue receiving HSIP funding.
Relatedly, the City developed a Vision Zero Policy. This Policy is a traffic safety strategy to reduce and eventually eliminate traffic deaths and serious injuries using a data-driven, multi-disciplinary, and safe systems approach that also increases safe, healthy, and equitable mobility for all. A Plan was developed and It is recommended that the City Council adopt a Resolution approving the City of Monterey Park Plan and also adopt a resolution establishing a Vision Zero policy to work towards zero traffic death and severe injuries.
CEQA (California Environmental Quality Act):
The Resolu
tions are exempt from additional environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because they Consent Calendar - 3D
Staff Report
September 7, 2022
establish rules and procedures in compliance with California law; do not involve any commitment to a specific project that would result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly the Resolution does not constitute a “project” that requires environmental review (see specifically, CEQA Guidelines §§ 15378(b)(2,5) and 15308).
BACKGROUND:
On May 18, 2022, the City Council adopted Resolution No. 2022-R36 adopting a
Complete Streets Policy pursuant to the California Complete Streets Act of 2008. “Complete Streets” refers to a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, users and operators of public transit, bicyclists, persons with disabilities, seniors, children, motorists, users of green modes, and movers of commercial goods, and emergency first responders.
The Complete Streets policy was the first policy toward safe roads in the City of Monterey Park. The subsequent Local Road Safety Plan and the Vision Zero Policy are a continuation of the strategy to provide safe streets in the City of Monterey Park for all.
Local Road Safety Plan
The LRSP is a planning document that provides an analysis of vehicle, pedestrian and bicycle crash data, and provides a roadmap for implementation of safety improvements.
Beginning in 2022, it is required that all state, county, and local agencies adopt a Plan to be eligible to receive HSIP grant funds. These funds are used for planning documents, preliminary engineering documents, and construction improvements to mitigate safety- related issues at intersections and roadways.
In the past, the City received HSIP funds for various street signal improvements. Staff intends to apply for additional grant funding in the upcoming HSIP Cycle 11, for which project applications are due September 12, 2022. By adopting the Plan, the City will have a roadmap for City traffic safety improvements, and will maintain eligibility to receive HSIP funds in the future.
The City retained the consulting firm Kimley-Horn & Associates, Inc., to prepare the LRSP.
Preparation of the LRSP was made possible through State grant funding from the California Department of Transportation in the amount of $49,977.
In accordance with the draft LRSP:
“The City of Monterey Park Local Road Safety Plan (LRSP) identifies emphasis areas to inform and guide further safety evaluation of the City’s transportation network. The emphasis areas include type of crash, certain locations, and notable relationships between current efforts and crash history. The LRSP analyzes crash data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, as well as city-wide trends and patterns.”
Staff Report
September 7, 2022
Conducted in conjunction with City staff, preparation of the LRSP included outreach to various City stakeholders to identify areas of concern: Monterey Park Police Department, Monterey Park Fire, Economic Development, Public Works, bicycle advocates and the various school districts serving the City. Stakeholders were asked to review the preliminary collision analysis, and assist in identifying ten case study locations.
Stakeholders then participated in a field diagnostic meeting for each location to identify potential safety improvement measures to mitigate the issues identified.
The draft LRSP being presented for adoption memorializes the areas of concern, case study locations, potential funding sources, and estimated construction costs for grant funding applications. Intended to be a living document, the LRSP is to be periodically updated as projects are constructed, thereby accomplishing projects in the Plan and allowing for identification of new emphasis areas and safety improvements.
It is noted that the LRSP is a planning tool. It is a roadmap for potential safety improvements at various locations in the City, though certain constraints may present difficulties or limit the City’s ability to implement them. As the various case studies allow for application of safety modifications to similar locations throughout the City, the City is not limited to the case study locations contained in the Plan.
Vision Zero
Vision Zero is an international movement and a traffic safety strategy that provides a framework for reducing traffic deaths and life-changing injuries to zero. A core principal is that traffic deaths and severe injuries are unacceptable and preventable. Vision Zero is a multi-disciplinary approach that includes education, enforcement, and engineering measures; and focuses on safety for all road users, including drivers and their passengers.
Each year, approximately 40,000 people are killed in traffic collisions in the United States, according to data from the National Highway Traffic Safety Administration. This gives the United States the highest traffic death rate per person compared to 19 peer nations, as found by the Center for Disease Control and Prevention. In the City of Monterey Park, from 2017 to 2021, 20 people died and 34 suffered severe life changing injuries as a result of traffic related incidents. The City has an average of 4 deaths and 7 severe injuries per year and of the people who died in traffic crashes during this period two thirds were walking or riding a bicycle. 40% of the pedestrians or bicyclists who died in crashes from 2017 to 2021 were 59 years old or older. The recommended Vision Zero resolution aims to reduce those numbers by declaring Vision Zero as the City’s guiding principle for transportation planning, design, and maintenance, and directing specific implementation actions. It recognizes that while human error will always occur, a combination of education, enforcement, and engineering measures can reduce collisions and prevent collisions from causing death or severe injuries.
In addition to saving lives by making City streets safer, a Vision Zero approach can help the City fulfill the community’s vision of an equitable, family-friendly, and pleasant place to live, shop, and work. When residents feel unsafe on City streets, it diminishes their quality of life.
Staff Report
September 7, 2022
By adopting a Vision Zero policy resolution, the City will be aligning with federal and state commitments to Vision Zero. The Federal Highway Administration has made a commitment to eliminating fatalities and serious injuries on United States’ roadways and the State Department of Transportation (Caltrans) has adopted the goal of moving “toward zero deaths.”
Eliminating fatalities and severe injuries on City streets will require a variety of changes to existing facilities, standards, and requirements for roadway design and maintenance, plus modified approaches to enforcement and education. The recommended policy will not immediately achieve all of the necessary changes, but it establishes a policy framework to guide the years of work and effort that will be required by City staff, City Commissions, and the City Council to protect the health and safety of people using the public right of way in the City.
FISCAL IMPACT:
This item does not require an expenditure of funds. Implementation of the LRSP and the Vision Zero policy may result in future costs and grant funding for specific projects.
Respectfully submitted by: Reviewed by:
Anthony Antich
Interim Director of Public Works
Martha Garcia
Director of Management Services
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Local Road Safety Plan Resolution
2. Vision Zero Policy Resolution
Staff Report
September 7, 2022
ATTACHMENT 1
Local Road Safety Plan Resolution
RESOLUTION NO.
A RESOLUTION ADOPTING THE MONTEREY PARK LOCAL ROAD
SAFETY PLAN IN ACCORDANCE WITH 23 U.S.C. § 148 AND 23 C.F.R. § 924.1, ET SEQ.
The City Council of the City of Monterey Park does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. A Local Road Safety Plan (LRSP) provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads;
B. The LRSP will promote safety for all road users in the City of Monterey Park; C. An LRSP will be required for an agency to be eligible to apply for federal Highway Safety Improvement Program (HSIP) funds;
D. The LRSP was developed with focus on applying the 5 E’s of traffic safety (Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies) to the traffic safety emphasis areas identified for Monterey Park including distracted driving, bicyclists, pedestrians, aging drivers, and intersections;
E. Upon adoption of the LRSP, the City Manager, or designee, will review the safety improvement countermeasures identified and start to pursue grant funding for the short-term, easier to implement projects. Long-term higher- cost projects will be developed further and included in the City’s 5-year Capital Improvement Program (CIP);
F. The LRSP is intended to be a living document that is periodically evaluated and updated, allowing for identification of new emphasis areas and safety improvements as traffic patterns, behaviors, and emerging technologies continue to evolve and new projects are constructed; and G. It is in the public interest for the City to adopt the Local Road Safety Plan to help protect public health and safety.
SECTION 2: Adoption. The LRSP attached as Exhibit “A,” and incorporated by reference, is adopted as the City’s LRSP. The City Manager, or designee, is authorized to utilize the LRSP for all lawful purposes including, without limitation, obtaining additional monies from the HSIP.
SECTION 3: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
Pag
e 2 of 2
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.
SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Effective Date. This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this ____ day of _________, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ES-1
Exhibit A
ES-2
Table of Contents
1. Introduction ............................................................................................................................................... 1
2. Vision and Goals ....................................................................................................................................... 2
3. Process ..................................................................................................................................................... 4
3.1 Guiding Manuals .................................................................................................................................. 4
3.1.1 Local Roadway Safety Manual ..................................................................................................... 5
3.1.2 Highway Safety Manual ................................................................................................................ 5
3.2 Analysis Techniques ............................................................................................................................ 6
3.2.1 Collision Analysis .......................................................................................................................... 6
3.2.2 Network Screening Analysis ......................................................................................................... 6
3.3 Future Analysis .................................................................................................................................... 7
4. Safety Partners ......................................................................................................................................... 8
4.1 Stakeholder Meeting #1....................................................................................................................... 8
4.2 Field Tour Stakeholder Workshop ....................................................................................................... 8
4.3 Stakeholder Meeting #2....................................................................................................................... 8
5. Existing Efforts .......................................................................................................................................... 8
6. Data Summary ........................................................................................................................................ 11
6.1 Roadway Network ............................................................................................................................. 11
6.2 Collision Data .................................................................................................................................... 11
7. Crash Safety Trends ............................................................................................................................... 15
7.1 All Collisions ...................................................................................................................................... 15
7.2 Fatalities & Severe Injuries ................................................................................................................ 16
7.3 Injury Levels ...................................................................................................................................... 16
7.4 Cause of Collision .............................................................................................................................. 17
7.5 Vulnerable Users ............................................................................................................................... 17
7.5.1 Pedestrian Collisions .................................................................................................................. 17
7.5.2 Bicycle Collisions ........................................................................................................................ 18
7.6 Other Significant Trends ............................................................................................................. 20
7.7 Collision Network Screening Analysis Results ............................................................................ 20
8. Best Practices Evaluation and Emphasis Areas ..................................................................................... 33
8.1 Best Practices Evaluation .................................................................................................................. 33
8.2 Emphasis Areas ................................................................................................................................ 36
8.2.4 Emphasis Area #1: Vulnerable Road Users (Pedestrians & Bicyclists) ..................................... 36
ES-3
8.2.1 Emphasis Area #2: Aging Drivers ............................................................................................... 37
8.2.2 Emphasis Area #3: Intersection Improvements .......................................................................... 37
8.2.3 Emphasis Area #4: Aggressive Driving ...................................................................................... 38
9. Countermeasure Toolbox........................................................................................................................ 39
9.1 Infrastructure Improvements ............................................................................................................. 39
9.1.1 Countermeasure Selection Process ........................................................................................... 39
9.1.2 Safety Project Case Studies ....................................................................................................... 40
9.2 City-wide Countermeasure Toolbox .................................................................................................. 66
10. Funding Sources & Next Steps ............................................................................................................. 69
10.1 Funding ............................................................................................................................................ 69
10.1.1 Highway Safety Improvement Program .................................................................................... 69
10.1.2 Caltrans Active Transportation Program .................................................................................. 69
10.1.3 California SB 1 .......................................................................................................................... 70
10.1.4 California Office of Traffic Safety Grants .................................................................................. 70
10.1.5 SCAG Sustainable Communities Program ............................................................................... 71
10.1.6 Safe Streets and Roads for All (SS4A) Grant Program ............................................................ 71
10.1.7 Infrastructure Investment and Jobs Act .................................................................................... 71
10.2 Implementation Plan ........................................................................................................................ 72
10.2.1 Monitoring ................................................................................................................................. 72
10.2.2 Analysis Update ........................................................................................................................ 72
10.2.3 Implementation Strategies ........................................................................................................ 72
10.3 Next Steps ....................................................................................................................................... 73
ES-4
LIST OF FIGURES
Figure 1 : Functional Classification & Signalized Intersections ..........................................12 Figure 2: All Collisions (2017-2021) .......................................................................................13 Figure 3: Fatal & Severe Injury Collisions (2017-2021) .........................................................14 Figure 4: Collision Type by Year (2017-2021) ........................................................................15 Figure 5 – Collisions by Injury Levels (2017-2021) ...............................................................16 Figure 6 – Pedestrian & Bicycle Collisions (2017-2021) .......................................................19 Figure 7 – Collision Network Screening Analysis Results (2017-2021) ...............................21
LIST OF TABLES
Table 1 – Review of Existing City Plans ................................................................................. 9 Table 2 – Review of Existing City Projects ............................................................................10 Table 3 – Fatal and Severe Injury Collisions Categorized by Modes Involved ..................16 Table 4: - Cause of Collisions (2017-2021) ............................................................................17 Table 6– Analysis Rankings: Intersections (Top 10 Per Type) ...........................................28 Table 6 – Analysis Rankings: Segments (Top 10 Per Type) ................................................30 Table 7 – Summary of Program, Policies, and Practices ....................................................33 Table 8 - Citywide Safety Countermeasure Toolbox ............................................................67
ES-5
Executive Summary
The City of Monterey Park Local Road Safety Plan (LRSP) identifies emphasis areas to inform and guide further safety evaluation of the City’s transportation network. The emphasis areas include type of crash, certain locations, and notable relationships between current efforts and crash history. The LRSP analyzes crash data on an aggregate basis as well as at specific locations to identify high- crash locations, high- risk locations, as well as city -wide trends and patterns. The analysis of crash history throughout the City’s transportation network allows for opportunities to:
1. Identify factors in the transportation network that inhibit safety for all roadway users,
2. Improve safety at specific high-crash locations, and
3. Develop safety measures using the four E’s of safety: Engineering, Enforcement, Education, and Emergency Response to encourage safer driver behavior and better severity outcomes.
With this LRSP, the City continues its safety efforts by identifying areas of emphasis and systemic
recommendations to enhance safety.
The City’s vision is to enhance the transportation network and reduce traffic fatalities and serious injury related crashes, and the goals for the City of Monterey Park include the following:
Goal #1: Identify areas with a high risk for crashes.
Goal #2: Illustrate the value of a comprehensive safety program and the systemic process.
Goal #3: Plan future safety improvements for near-, mid- and long-term.
Goal #4: Define safety projects for HSIP and other
program funding consideration.
This LRSP analyzes the most recent range of crash data
(January 1, 2017 – December 31, 2021 ) and roadway
improvements to assess historic trends, patterns, and areas of increasing concern.
Further, the collision history was analyzed to identify locations with elevated risk of collisions either through their collision histories or their similarities to other locations with more active collision patterns. Using a network screening 3,624 5-year
collisions
10Fatalities
34 Serious
Injuries
31%
Occurred at
Signalized
Intersections
52%
Occurred at
Unsignalized
Intersections
21.3%
Due to
Agressive
Driving
15.9% Aging Drivers
6.6%
Involving
Pedestrians &
Bicyclists
Source: Monterey Park Collision Database (2017- 2021)
ES-6
process, locations were identified within the City that will most likely benefit from safety enhancements. Using historic collision data, collision risk factors for the entire network were derived. The outcomes informed the identification and prioritization of engineering and non- infrastructure safety measures to address certain roadway characteristics and related behaviors that contribute to motor vehicle collisions with active transportation users. Active transportation includes any self-power mode of transportation, including walking or bicycling.
Emphasis areas were developed by revisiting the vision and goals developed at the onset of the planning process and comparing them with the trends and patterns identified in the crash analysis.
Emphasis Area #1: Vulnerable Road Users (Pedestrians & Bicyclists) Emphasis Area #2: Aging Drivers
Emphasis Area #3: Intersection Improvements
Emphasis Area #4: Aggressive Driving
The following 10 locations were chosen to be representative of the corridor and intersection configurations throughout the City.
1. Roadway Segment: Newmark Ave – Ramona Ave to Garfield Ave
2. Signalized Intersection: Garfield Ave & Garvey Ave
3. Unsignalized Intersection: Newmark Ave & Orange Ave
4. Unsignalized Intersection: New Ave & Hershey Ave
5. Roadway Segment: Atlantic Blvd – Garvey Ave to Emerson Ave
6. Unsignalized Intersection: Atlantic Blvd & Mabel Ave
7. Roadway Segment: Monterey Pass Rd – Vagabond Dr to Davidson Dr
8. Signalized Intersection: Atlantic Blvd & 1
st St
9. Signalized Intersection: Atlantic Blvd & Riggin St
10. Signalized Intersection: Atlantic Blvd & Brightwood St These locations were identified through the analysis process based on their crash histories, stakeholder engagement, the observed crash patterns, and their different characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most cost -effective safety benefits. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term. The potential benefit of these countermeasures at locations with similar design characteristics can then be extrapolated regardless of crash history, allowing for proactive s afety enhancements that can prevent future safety challenges from developing.
Additionally, this information can be used to help the City apply for grants and other funding
ES-7
opportunities to implement these safety improvements. These opportunities were assembled into the “countermeasure toolbox” shown below.
ES-8
Citywide Countermeasure Toolbox
ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
S02 Improve signal hardware: back-plates with
retroreflective borders
Signalized intersections with significant broadside
and rear-end collisions due to signal visibility
15% $12,000 per intersection
S03 Re-evaluate signal timing for westbound left turn
to provide sufficient time for trucks
Signalized intersections with a significant collision
history related to clearance intervals, high-risk
movements, and signal timing coordination.
15% $5,000 per intersection
S04 Provide Advanced Dilemma Zone Detection for
high-speed approaches
Signalized intersections with significant right-angle
and rear-end collisions due to unsafe stopping
during yellow phases
40% $30,000 per intersection
S07 Install protected left turn phasing on north bound
approach
Signalized intersections that have an existing left
turn pocket and permissive left turn or no left turn
protection.
30% $40,000 per intersection
S10 Install flashing beacons as advance warning for
signalized intersections
Locations with sight distance issues 30% $3,000 per beacon S21PB Modify signal phasing to implement a Leading
Pedestrian Interval (LPI) with new controller
Signalized Intersections – especially those with
high pedestrian activity
60% $30,000 per intersection
NS05 Convert intersection to mini-roundabout Unsignalized intersections with crashes at various points of contact
30% $100,000 per location
NS06 Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs at
unsignalized intersections
Unsignalized intersections with crash history
showing running stop signs 15% $1,500 per sign
NS08 Install Flashing Beacons at Stop-Controlled
Intersections
Unsignalized intersections with crash history
showing running stop signs 15% $3,000 per beacon
NS10 Install transverse striping on approaches Unsignalized intersections with crash history showing running stop signs
20% $10,000 per location
ES-9
ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
NS11 Sight Distance Evaluation on westbound right
turn
Unsignalized intersections that with significant
collision patterns due to restricted sight distance.
20% $3,000 per intersection
NS21PB Install/upgrade pedestrian crossing at
uncontrolled locations (with enhanced safety
features)
Unsignalized intersections with high pedestrian
activity
35% $20,000 per location
R23 Install chevron signs on horizontal curves Roadway segments that have a significant amount of collision activity at sharp curves.
40% $1,500 per sign
R24 Install flashing beacons on curve chevron
signage
Roadway segments that have a significant
amount of collision activity at sharp curves.
25% $4,500 per sign
R25 Install curve advance warning signs (flashing
beacon)
Roadway segments that have a significant
amount of collision activity at sharp curves.
30% $5,000 per sign
R26 Install dynamic/variable speed warning sign Roadway segments with a significant number of collisions due to unsafe speeds.
30% $16,000 per sign
R27 Install delineators, reflectors and/or object
markers
Locations with crash history with a high number of
crashes at night or with careless driving
15% $75 per linear foot
R28 Install safety edges
Roadway segments with collisions that resulted in
run-off-road right/left, head-on, or opposite-
direction-sideswipe.
25%
$8,000
per mile
R35PB Install/upgrade pedestrian crossing (with
enhanced safety features)
Intersections with high number of pedestrian
activity
35%
$9,500
per curb ramp
ES-10
Near-term action items were identified to accelerate the City’s achievement of the goals and vision of this LRSP. The City can:
• Actively seek other funding opportunities to improve safety for all modal users, • Collaborate with established safety partners & neighboring municipalities as improvements are made to create a cohesive transportation network, and • Iteratively evaluate existing and proposed transportation safety programs and capital improvements to design a safer transportation network in Monterey Park.
The City will regularly monitor and update the analysis performed in this plan. A full plan update will completed five years from the City Council’s adoption of this plan which will maintain eligibility for HSIP funding.
1 1. Introduction
Located in Los Angeles County about 8 miles east of Downtown Los Angeles, the City of Monterey Park is a suburban city with a population of 60,269 according to the 2020 census. Monterey Park is a small city with shopping, food, entertainment, and outdoor recreation. Based on University of California Berkeley’s Transportation Injury Mapping System (TIMS) and California Department of Transportation (Caltrans) Vehicle Operation Cost Parameters, Monterey Park’s economic losses due to traffic injuries amounted to approximately $430M from 2017 to 2021. This report identifies factors associated with the most vehicle crashes particular to the City and proposes matching countermeasures to reduce or eliminate those crashes.
This Local Road Safety Plan (LRSP) identifies emphasis areas to inform and guide further safety evaluation of the City’s transportation network. The emphasis areas include the type of crash, certain locations, and notable relationships between current efforts and crash history. The LRSP analyzes crash data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, and city -wide trends and patterns. The analysis of crash history throughout the City’s transportation network allows for the following opportunities:
1. Identify factors in the transportation network that inhibit safety for all roadway users,
2. Improve safety at specific high-crash locations, and
3. Develop safety measures using the four E’s of safety (Engineering, Enforcement, Education, and Emergency Response) to encourage safer driver behavior and better severity outcomes.
Monterey Park has taken steps to enhance all modal safety throughout the City and with this LRSP, Monterey Park is continuing to prioritize safety in its planning processes. The Office of Traffic Safety (OTS) most recently ranked Monterey Park 21 out of 105 peer cities for traffic injuries after normalizing for population and VMT in 2019. With number one (1) in the OTS crash rankings considered the highest, or “worst,” this positions the City at slightly below average for roadway safety performance. This LRSP analyzes the most recent range of crash data from Crossroads, a software for reporting and analytics of traffic collisions and citations, from January 1, 2017 – December 31, 2021 and roadway improvements to assess historic trends, patterns, and areas of increasing concern.
The intent of the LRSP is to:
• Create a greater awareness of road safety and risks
• Reduce the number of fatal and severe-injury crashes
• Develop lasting partnerships
• Support for grant/funding applications, and
• Prioritize investments in traffic safety.
2 2. Vision and Goals
The Monterey Park LRSP evaluates the transportation network as well as non- infrastructure programs and policies within the City. Mitigation measures are evaluated using criteria to analyze the safety of road users (drivers, bicyclist s, and pedestrians), the interaction of modes, the influences on the roadway network from adjacent municipalities, and the potential benefits of safety countermeasures. Through historical data and trends, proactive identification and safety opportunities can be identified and implemented without relying solely on a reaction and response to crashes as they occur.
As cities across the country have implemented LRSPs and systemically addressed the conditions leading to fatal and severe-injury crashes, the Federal Highway Administration (FHWA) has found that LRSPs effectively improve safety. LRSPs provide a locally developed and customized roadmap to directly address the most common safety challenges in the given jurisdiction. This project’s vision, goals, and objectives have been established to reflect discussions with Monterey Park staff, various stakeholders identified by City staff, and a review of existing plans/policies in the area.
VISION: To enhance the transportation network for all users to move towards zero traffic fatalities and serious injuries
Goal #1: Identify areas with a high risk for crashes.
Objectives:
• Identify intersections and segments that would most benefit from mitigation. • Identify areas of interest with respect to safety concerns for vulnerable users (pedestrians and bicyclists).
Goal #2: Illustrate the value of a comprehensive safety program and the systemic process.
Objectives:
• Demonstrate the systemic process’ ability to identify locations with higher risk for crashes based on present characteristics closely associated with severe crashes. • Demonstrate, through the systemic process, the gaps and data collection activities that can be improved upon.
Goal #3: Plan future safety improvements for near-, mid- and long-term.
Objectives:
• Identify safety countermeasures for specific locations (case studies). • Identify safety countermeasures that can be applied city-wide.
3 Goal #4: Define safety projects for future Highway Safety Improvement Plan (HSIP) and other program funding consideration.
Objectives:
• Create the outline for a prioritization process that can be used in this and forth- coming cycles to apply for funding.
• Use the systemic process to create Project Case Studies. • Use Case Studies to apply for HSIP and other funding consideration. • Demonstrate the correlation between the proposed safety countermeasures with the Vision Zero Initiative and the California State Highway Safety Plan.
4 3. Process
The primary goal for the City of Monterey Park and their safety partners is to provide safe, sustainable, and efficient mobility choices for their residents and visitors. Through the development and implementation of this LRSP, the City will continue its collaboration with safety partners to identify and discuss safety issues within the community.
Guidance on the LRSP process is provided at both the national (FHWA) and state (Caltrans) level, and both agencies have developed a general framework of data and recommendations for a LRSP.
FHWA encourages the following:
• The establishment of a working group (stakeholders) to participate in developing an LRSP • A review of crash, traffic, and roadway data to identify areas of concern • The identification of goals, priorities, and countermeasures to recommend improvements at spot locations, systemically, and comprehensively
Caltrans guidance follows a similar outline with the following steps:
• Establish leadership
• Analyze the safety data
• Determine emphasis areas
• Identify strategies
• Prioritize and incorporate strategies
• Evaluate and update the LRSP
This LRSP documents the results of data and information obtained, including the preliminary vision and goals for the LRSP, existing safety efforts, initial crash analysis, and developed emphasis areas. The LRSP recommendations consider the f our E's of traffic safety defined by the California Strategic Highway Safety Plan (SHSP): Engineering, Enforcement, Education, and Emergency Response.
3.1 Guiding Manuals
This section describes the analysis process undertaken to evaluate safety within Monterey Park at a systemic level. This report identifies specific locations within the City that will benefit from safety enhancements and derives crash risk factors based on historic crash data using a network screening process. The outcome will inform the identification and prioritization of engineering and non-infrastructure safety measures by addressing certain roadway characteristics and related driving behaviors contributing to crashes. This process uses the latest national and state best practices for statistical roadway analysis described.
5 3.1.1 Local Roadway Safety Manual
The Local Roadway Safety Manual: A Manual for California’s Local Road Owners (Version 1.5, April 2020) encourage s local agencies to pursue a proactive approach when identifying and analyzing safety issues and preparing to compete for project funding opportunities. A proactive approach is the analyzation of safety in an entire roadway network through either a one -time network wide analysis or a routine analysis of the roadway network.1 According to the Local Roadway Safety Manual (LRSM), “ the California Department of Transportation (Caltrans) – Division of Local Assistance is responsible for administering California’s federal safety funding intended for local safety improvements.” To provide the most beneficial and competitive funding approach, the analysis leading to countermeasure selection should focus on both intersections and roadway segments and maintain consideration of roadway characteristics and traffic volumes. The result should reflect a list of locations that are most likely to benefit from cost -effective countermeasures, preferably prioritized by benefit/cost ratio. The manual suggests using a mixture of quantitative and qualitative measures to identify and rank locations using both crash frequency and crash rates.
These findings should then be screened for crash type and severity patterns to determine the cause of crashes and the potential effective countermeasures. Qualitative analysis should include field visits and a review of existing roadway characteristics and devices. The specific roadway context can then be used to assess conditions that may decrease safety at the site and at systematic levels.
Countermeasure selection should be supported using Crash Modification Factors (CMFs). These factors are a peer reviewed product of research quantifying the expected rate of crash reduction expected from a given countermeasure. If more than one countermeasure is under consideration, the LRSM provides guidance on appropriate application of CMFs.
3.1.2 Highway Safety Manual
The American Association of State Highway and Transportation Officials ( AASHTO) Highway Safety Manual (HSM), published in 2010, presents a variety of methods for quantitatively estimating crash frequency or severity at a variety of locations. 2 This four-part manual is divided
into the following parts: A) Introduction, Human Factors, and Fundamentals, B) Roadway Safety Management Process, C) Predictive Method, D) Crash Modification Factors.
In Chapter 4 of Part B in the HSM, t he “Network Screening Process” is a tool for an agency to analyze the entire network and identify/rank locations that are most likely or least likely to realize a reduction in the frequency of crashes.
1 Local Roadway Safety Manual (Version 1.5) 2020. Page 5. 2 AASHTO, Highway Safety Manual, 2010, Washington D.C., http://www.highwaysafetymanual.org/Pages/About.aspx
6 The HSM identifies five steps in this process:3
1. Establish Focus: Identify the purpose or intended outcome of the network screening analysis. This decision will influence data needs, the selection of performance measures and the screening method that can be applied.
2. Identify Network and Establish Reference Populations: Specify the types of sites or facilities being screened (i.e., segments, intersections, geometrics) and identify groupings of similar sites or facilities.
3. Select Performance Measures: There are a variety of performance measures available to evaluate the potential to reduce crash frequency at a site. In this step, the performance measure is selected as a function of the screening focus and the data and analytical tools available.
4. Select Screening Method: There are three principal screening methods described in this chapter (i.e., ranking, sliding window, peak searching). Each method has advantages and disadvantages; the most appropriate method for a given situation should be selected.
5. Screen and Evaluate Results: The final step in the process is to conduct the screening and analysis and evaluate the results.
The HSM provides several statistical methods for screening roadway networks and identifying high risk locations based on overall crash histories.
3.2 Analysis Techniques
3.2.1 Collision Analysis
The initial steps of a collision analysis involve establishing sub-populations of roadway segments and intersections that have similar characteristics. For this LRSP, intersections were grouped by their control type ( signalized and unsignalized), and segments were grouped by their roadway category (primary arterial, secondary arterial, collector, local). Individual collision rates were then calculated for each sub-population. The population level collision rates were used to asses s the number of collisions at a specific location. These sub- populations were also used to determine typical collision patterns to highlight locations where an unusual number of specific collision types occurred.
3.2.2 Network Screening Analysis
The network screening process lists intersections and roadway segments by the number of collisions over the analysis period and identifies areas with a higher number of a given collision type than would be expected for the location.
The different collisions were organized by the following categories:
3 AASHTO. Highway Safety Manual. 2010. Washington, DC. Page 4-2.
7 1. Collision injury (fatal, serious injury, other visible injury, complaint of pain, property damage only),
2. Collision type (broadside, rear-end, sideswipe, head-on, hit object, overturned, bicycle, pedestrian, other),
3. Environmental factors (lighting, wet roads), and
4. Driver behavior (impaired, aggressive, and distracted driving).
3.3 Future Analysis
The City can plan to conduct regular collision monitoring as described in Section 10.2. The City will then refresh the analysis and update the LRSP every 5 years to maintain eligibility for HSIP funding, as described in Section 10.2.
8 4. Safety Partners
Local stakeholders were included in the development of this report to ensure the local perspective was maintained at the forefront of planning efforts. A stakeholder group of City staff and external partners consisted of representatives from the City economic development staff, the Monterey Park Police Department, Fire Department, Public Works, Alhambra School District, East LA College, and LA Community College District.
The local stakeholders were called together to offer insight on the safety issues present in the City’s transportation network. After the initial network screening and safety analysis, the stakeholder group met to discuss potential countermeasures and challenge areas through a field visit. The summary of the field visit meeting are outlined below.
4.1 Stakeholder Meetin g #1
The first stakeholder meeting was conducted virtually on June 21 , 2022. At the meeting, stakeholders were introduced to the project and provided an overview of the data used, the required outputs, and the potential outcomes of the study.
In addition to the overview, s takeholders were asked to provide local insight and knowledge at ten “case study” locations that were identified after the initial network screening and crash analysis process.
4.2 Field Tour Stakeholder Workshop
On July 7, 2022, the project team visited each of the 10 locations to identify potential issues that are contributing to the collision patterns. Potential countermeasures were identified and discussed.
4.3 Stakeholder Meeting #2
The second stakeholder meeting was conducted virtually on July 27, 2022. During this meeting case study locations were presented to the stakeholders with a list of observations and potential countermeasures. Emphasis/challenge areas were discussed, specifically aggressive driving and impaired driving as a major factor in collisions throughout the City.
Stakeholder feedback was reviewed and incorporated into the study process for the development of the LRSP.
5. Existing Efforts
Existing plans, policies, and projects that were recently completed, planned, or on -going were compiled at the start of the LRSP process to gain perspective on the existing efforts for transportation-related improvements within the City. High- level key points regarding transportation improvements and safety-related topics were identified to inform decision making in this LRSP.
Table 2 outlines the relevant existing City plans and their improvements and funding sources.
9 Table 3 outlines the relevant existing City projects and their timelines.
Table 1 – Review of Existing City Plans
Document Name Transportation Policies/Improvements
General Plan
• The City of Monterey Park General Plan is a planning document which serves as a guide to the long-term physical development of the community in a series of six chapters called elements which cover land use, economic development, circulation, housing, safety and community services, and resources.
Pedestrian Linkages
Plan
• This plan provides a direction for future public investment, private development, and community action in downtown Monterey Park.
• This plan focuses on a positive trajectory in terms of public amenities, transportation infrastructure, new and existing development, and community cohesion.
Climate Action Plan
• The goal of this plan is to set forth a comprehensive strategy to address GHG emissions related to land use patterns, transportation, building design, energy use, water demand, and waste generation.
San Gabriel Valley
Regional Bicycle
Master Plan
• This plan is intended to guide the development and maintenance of a comprehensive bicycle network and set of programs within the cities of Baldwin Park, El Monte, Monterey Park, San Gabriel and South El Monte for the next 20 years.
The Garfield Village
Specific Plan
• This will be a guide for property owners and businesses to help improve their properties and buildings.
• This plan will guide how buildings, streets, sidewalks, and public spaces are designed and will improve parking, vehicle circulation and transit access.
City of Monterey Park
Pedestrian Safety
Assessment
(performed by UC
Berkeley)
• 2010 report analyzed pedestrian safety in the City and identified area of opportunity and enhancement
• Areas of enhancement included crosswalk installation, speed limits, and pedestrian safety audits
• Areas of opportunity included pedestrian improvements to Garvey & Garfield Avenues, Atlantic Bl north of Garvey Avenue, and areas near East LA College
10 Table 2 – Review of Existing City Projects
Project Name Timeline Transportation Policies/Improvements Slurry Seal Project Summer 2022-
ongoing
Enhance appearance and drivability of the street and protect the base of the roadway from water damage and weathering Southern California
Edison Pole
Replacement
Ongoing Replacement of SCE owned old steel streetlight poles with new concrete poles and light fixtures
N. Atlantic Boulevard
Sewer Main
Improvements
Summer 2022 –
Fall 2022
Replacement of sewer mains, primarily along N Atlantic Blvd and Garvey Ave
Street Rehabilitation
at Various Locations
August 2022-
December 2022
Removal of existing pavement and the application of Asphalt Rubber Hot Mix and AC Overlay on various city streets on the southwest side
Slurry Seal Project July 2022-
August 2022
Enhance the appearance and drivability of the street and protect the base of the roadway from water damage and
weathering
HSIP Cycle 9 Ongoing
Install signal hardware improvements to the lenses, back- plates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads. Implementation on various signalized
intersections along Garfield Ave between northern and
southern city limits.
ATP Project Ongoing
The proposed project involves pedestrian safety
improvements around school sites at various locations
Citywide. The proposed improvements include installation of crosswalk, pedestrian crossing signage, rapid flashing
beacon signs, construction of ADA curb ramps, sidewalk, curb and gutter, overhead pedestrian flashing beacon
system, installation of red curb, pavement markers, signage and striping. The work locations around schools sites are at the following intersections:
Monterey Pass Road
Undergrounding
District
2027 Undergrounding utilities along Monterey Pass Road from Garvey Ave to Vagabond Dr
Sidewalk
Replacement Project FY 2022-2023 Citywide sidewalk replacement project to eliminate tripping hazards for pedestrians
Citywide Bond
Improvement Project Ongoing
$21 million in bond money to pave roads throughout the City and improve sidewalks, ADA ramps, crosswalks, and other infrastructure improvements.
11 6. Data Summary
This section describes the data sources used for the analysis process of this LRSP.
6.1 Roadway Network
The California Department of Transportation (Caltrans) California Road System (CRS) GIS database was used to build the base roadway network used for this analysis. Intersections and roadway segments were divided into control and classification categories so that each set could have its own crash rates and be compared with similar facilities or control type. Functional Classifications were imported from the city’s General Plan and confirmed by city staff. Information on intersection traffic control was provided by the city and included in the analysis network. The collision analysis requires each intersection to be classified by type: Signalized or Unsignalized.
Figure 1 illustrates the City of Monterey Park’s roadway functional classification and intersection control type, respectively, as used for this study.
6.2 Collision Data
Collision data was collected from Crossroads software for the period from January 1, 2017 through December 31, 2021, displayed in Figure 2. Five years of data are utilized instead of the standard three years to provide more history to evaluate trends or patterns. Analysis of the raw collision data is the first step in understanding the specific and systemic challenges faced throughout the city. Analyzing the five years of data provided insight on the collision trends and patterns detailed in Section 7. The locations of fatal and severe injury collisions are displayed in Figure 3.
12 Figure 1 : Functional Classification & Signalized Intersections
13 Figure 2: All Collisions (2017-2021)
14 Figure 3: Fatal & Severe Injury Collisions (2017-2021)
15 7. Crash Safety Trends
The analysis was conducted using a network screening process for the City-maintained roadway system based on collision records spanning from January 1, 2017 through December 31, 2021.
This section contains the results of the analysis, which included the evaluation of Monterey Park’s fatal and serious injury (generally denoted as K+SI) collisions, statewide K+SI collisions, pedestrian collisions, bicycle collisions, collision severity levels, and collision causes.
7.1 All Collisions
This report utilized collision data for a five-year period to provide a better understanding of trends and to reflect the patterns in crashes that have occurred on city streets. Data used for this report was extracted from Crossroads Software on June 2, 2022 and was current as of that date.
Collision data from January 1, 2017, through December 31, 2021 as reported to Crossroads from the local enforcement indicated that during this time there were 3,624 collisions recorded within Monterey Park.
During this time, the most common occurring collision types were Sideswipes (28%) and Broadsides (27%). The total number of collisions decreased throughout the study period, with an increase during the last year, 2021, as shown in Figure 4.
Figure 4: Collision Type by Year (2017-2021)
Source: Monterey Park Crossroads Database (2017-2021)
0 100
200
300
400
500
600
700
800
900
1000
2017 2018 2019 2020 2021
No. of Collisions
Sideswipe
Broadside
Rear-End
Hit Object
Head-On
Vehicle - Pedestrian
Other
Not Stated
Overturned
16 7.2 Fatalities & Severe Injuries
During the study period, 20 fatal collisions and 34 severe injury collisions occurred during the study period, as seen in Figure 3. Table 3 outlines the fatal collisions categorized by modes involved.
Table 3 – Fatal and Severe Injury Collisions Categorized by Modes Involved (2017- 2021)
Involved With # of Severe Injury
Collisions
# of Fatal
Collisions
Bicycle 2 1
Fixed Object 7 1
Other Motor Vehicle 7 1
Non-Collision 1 0
Other Object 1 1
Parked Motor Vehicle 6 1
Pedestrian 10 5
7.3 Injury Levels
As shown in Figure 5, 70% of the collisions reported during the time-period resulted in property damage only. Fatalities and severe injuries totaled 1.2% of all collisions.
Figure 5 – Collisions by Injury Levels (2017-2021)
Source: Monterey Park Crossroads Database (2017 – 2021)
70%
19%
9%
0.9% 0.3%
Property Damage Only
Complaint of Pain
Other Visible Injury
Severe Injury
Fatal
17 7.4 Cause of Collision
The highest recorded cause of collisions in Monterey Park during the study period is Improper Turning at 20.81%, followed by Automobile Right-of-Way Violation at 15.58% and Unsafe Speed at 15.47%. Table 4 shows the distribution of collision cause.
Table 4: - Cause of Collisions (2017-2021)
Primary Collision Factor No. of Collisions %
Improper Turning 749 20.8%
Auto R/W Violation 561 15.6%
Unsafe Speed 557 15.5%
Unknown 447 12.4%
Other Improper Driving 319 8.9%
Traffic Signals and Signs 191 5.3%
Unsafe Starting or Backing 187 5.2%
Driving Under Influence 179 5.0%
Other Hazardous Movement 130 3.6%
Pedestrian Violation 63 1.8%
Unsafe Lane Change 47 1.3%
Improper Passing 41 1.1%
Wrong Side of Road 41 1.1%
Other Than Driver 25 0.7%
Following Too Closely 19 0.5%
Ped R/W Violation 17 0.5%
Hazardous Parking 7 0.2%
Not Stated 5 0.1%
Impeding Traffic 5 0.1%
Other Than Driver or Ped 4 0.1%
Other 3 0.1%
Lights 1 0.03%
Brakes 1 0.03%
Other Equipment 1 0.03%
Source: Monterey Park Crossroads Database (2017 – 2021)
7.5 Vulnerable Users
7.5.1 Pedestrian Collisions
176 pedestrian involved collisions occurred during the study period, resulting in 5 fatal collisions, 10 severe injuries, and 151 collisions with some form of reported injury or pain. Figure 6 shows the locations of pedestrian collisions during the study period.
18 7.5.2 Bicycle Collisions
During the study period, 64 collisions involving bicycles were reported. There was 1 fatal injury, 2 resulted in severe injuries, and 54 resulted in some form of reported injury or pain. Figure 6 shows the location of bicycle collisions during the study period.
19 Figure 6 – Pedestrian & Bicycle Collisions (2017-2021)
20 7.6 Other Significant Trends
In addition, the following trends were observed:
• 27% of collisions occurred at night or during the dusk/dawn hours. • Drivers aged 16-20 were at fault in 15.7% of all collisions. • Drivers aged 65+ were at fault in 12.8% of all collisions.
7.7 Collision Network Screening Analysis Results
Figure 7 below show the results of the collision network screening analysis, with the number of collisions at both intersections and mid-block roadway segments.
21 Figure 7 – Collision Network Screening Analysis Results (2017-2021)
22 Table 6 and 7 show the number of crashes occurring at the top ten locations in Monterey Park by crash type for the locations that will be studied further in the Report, and highlights locations in which the probability of those crash types exceeding the threshold proportion is greater than 33%.
The tables are ordered by the number of collisions that occurred at that segment or intersection.
To be statistically significant, only locations where more than two collisions occurred are represented. At locations with two or less collisions, random chance can account for crash history as much or more than specific roadway characteristics.
After this analysis was completed, the locations were ranked against other similar locations within the City by their categories according to the expected proportion of that crash type within Monterey Park. Locations with higher-than-expected crashes of that type were identified by the probability that random chance would not account for exceedances.
Additionally, it should be noted that the columns for Collision Severity, Type, Involved With, and Behavior are additional characteristics of the collisions and should not be counted as a separate collision.
The following provides an example of how to read Tables 6 and 7.
Table Definitions:
• Total Collisions: Number of collisions observed at the intersection or segment from January of 2017 through December of 2021.
• Local Critical Crash Rate (CCR) Differential: The Critical Crash Rate specific to the intersection or segment. This is the difference between local (actual) crash rate and the critical crash rate, which is how many collisions per million vehicle miles are expected for a location of this type and volume. This tells us how many more collisions are occurring more than is expected. Locations with positive values have more collisions than expected, while locations with negative values have less collisions than expected.
•
Equivalent Property Damage Only (EPDO): This method assigns weighting factors to crashes based on injury level (severe, injury, property damage only) to develop a property damage only score. In this analysis, the injury crash costs were calculated for each location (based on the latest Caltrans injury costs) and then normalized by dividing by the value of a property damage only collision. Fatal and severe injury collisions are estimated at $2.19 million, Other Visible Injury (OVI) collisions at $142,300, Complaint of Pain (COP) collisions at $80,900, and Property Damage Only (PDO) collisions at $13,300.
• Severity: The number of severe injury and fatal collisions that occurred at this location in the study period.
• Fatality: The number of fatal collisions that occurred at this location in the study period.
23 • Broadside, Sideswipe, Rear-End, Head-On, Hit Object, Overturned, Other, Pedestrian, Bicycle: The number of these types of collisions that occurred at this location in the study period.
• Other: The number of miscellaneous collision types (mostly single vehicle) that occurred at this location in the study period.
• Aggressive, Dark, Wet: The number of the collisions with this factor identified as the cause of collision.
28 Table 5– Analysis Rankings: Intersections (Top 10 Per Type) Intersection
Crashes
Local CCR Differential1
EPDO2
Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Signalized Intersections
Garfield Ave & W Garvey Ave 63 0.10 173 0 0 3 16 44 17 21 20 0 2 0 1 2 3 23 1 4 0 3 S Atlantic Blvd & W Garvey Ave 53 -0.02 138 0 0 4 9 40 14 18 15 3 2 0 1 0 3 19 0 1 0 2 W Riggin St & S Atlantic Blvd 51 0.01 116 0 0 2 9 40 10 11 21 3 1 1 0 5 1 18 2 0 0 3 1st St & S Atlantic Blvd 50 3.93 314 0 1 3 14 32 19 6 15 1 5 0 4 0 0 16 2 1 0 4 N Atlantic Blvd & W Emerson
Ave 43 0.07 161 0 0 8 8 27 16 10 9 4 0 0 0 4 3 13 0 2 1 1 Garfield Ave & Hellman Ave 38 0.25 83 0 0 2 5 31 8 8 10 4 4 1 0 3 0 13 0 6 0 0 Garfield Ave & E Newmark Ave 33 -0.06 113 0 0 3 10 20 12 10 5 1 1 0 0 4 1 9 1 1 0 0 New Ave & Garvey Ave 32 -0.10 92 0 0 2 8 22 7 13 9 1 1 0 1 0 0 12 0 0 0 1 S Atlantic Blvd & Brightwood
St 31 -0.12 260 0 1 1 11 18 3 6 15 2 4 0 0 2 3 17 0 1 0 2 Atlantic Blvd & Hellman Ave 31 0.38 90 0 0 5 2 24 12 6 7 4 1 0 1 0 0 6 1 0 0 2 Unsignalized
Intersections
S Atlantic Blvd & W Mabel Ave 19 0.00 257 1 0 5 5 8 1 3 6 2 5 2 0 0 0 4 0 2 0 0 S Moore Ave & W Garvey Ave 19 12.63 54 0 0 1 5 13 6 5 1 1 3 0 1 2 0 1 1 0 0 1 Gerhart Ave & W Riggin St 17 0.39 47 0 0 1 4 12 6 5 3 1 0 0 0 2 0 6 0 1 1 0 S Orange Ave & E Newmark
Ave 17 0.29 210 1 0 2 2 12 8 4 1 1 1 0 0 2 0 2 0 2 0 1
29 Intersection
Crashes
Local CCR Differential1
EPDO2
Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
N Garfield Ave & Garcelon Ave 17 -0.02 206 0 1 1 3 12 6 5 3 0 1 0 0 2 0 4 0 0 0 2 Newmark Ave & Nicholson Ave 17 0.45 42 0 0 1 3 13 8 2 3 2 2 0 0 0 0 3 0 0 0 0 New Ave & Hershey Ave 16 0.07 180 0 1 0 0 15 2 8 4 0 1 0 1 0 0 3 0 1 0 0 N Baltimore Ave & W Garvey
Ave 15 0.01 50 0 0 2 3 10 2 5 5 1 0 0 0 3 0 1 1 0 1 0
N Nicholson Ave & E Emerson
Ave 15 0.85 35 0 0 0 4 11 4 2 3 2 1 0 1 2 1 3 0 0 0 1
N Alhambra Ave & E Emerson
Ave 15 0.26 59 0 0 3 3 9 6 2 3 1 0 0 0 3 0 5 0 0 0 2
1. Local Critical Crash Rate
Differential
2. Equivalent Property Damage
Only Crashes
30 Table 6 – Analysis Rankings: Segments (Top 10 Per Type) Facility Limits
Crashes
Local CCR Differential1
EPDO2
Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Primary Arterial
Garfield Ave E Newmark Ave - Ramona Ave 34 1.68 103 0 0 4 6 24 11 13 7 0 1 0 2 0 0 7 1 3 0 2 S Atlantic Blvd W 1st St - Pomona Fwy Off
Ramp 31 1.04 96 0 0 2 9 20 6 5 15 0 3 0 2 0 0 17 0 2 0 3 N Atlantic Blvd W Emerson Ave - Hellman Ave 29 1.07 79 0 0 2 6 21 5 12 6 1 0 0 4 1 1 3 0 2 0 4 N Atlantic Blvd W Garvey Ave - W Emerson
Ave 21 0.51 398 1 1 3 4 12 3 6 7 1 1 0 0 3 0 5 2 0 0 1
S Atlantic Blvd El Portal Pl - Cadiz St 13 0.21 212 0 1 1 5 6 4 2 5 0 2 0 0 0 0 3 1 0 0 1 S Atlantic Blvd Brightwood St - W Floral Dr 11 -0.14 51 0 0 2 4 5 5 3 2 0 1 0 0 0 1 1 0 0 0 1 New Ave E Emerson Ave - Hershey Ave 9 0.24 19 0 0 0 2 7 1 5 3 0 0 0 0 0 1 2 0 0 0 0 S Atlantic Blvd El Mercado Ave - Harding Ave 6 -0.31 36 0 0 2 2 2 1 1 2 0 1 1 0 0 0 1 0 0 0 0 S Garfield Ave Roca Way - El Repetto Dr 6 -0.28 16 0 0 0 2 4 1 1 2 0 2 0 0 0 0 4 0 1 0 2 S Atlantic Blvd Sevilla St - El Repetto Dr 6 -0.33 11 0 0 0 1 5 1 3 1 1 0 0 0 0 0 0 1 0 0 0 Minor Arterial
Monterey Pass Rd Fremont Ave - Vagabond Dr 15 0.40 54 0 0 3 2 10 3 6 5 0 0 0 1 0 0 2 0 1 0 0
31 Facility Limits
Crashes
Local CCR Differential1
EPDO2
Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Monterey Pass Rd Vagabond Dr - Davidson Dr 15 -0.17 59 0 0 3 3 9 9 5 1 0 0 0 0 0 1 1 1 1 0 1 W Ramona Blvd Centre Plaza Dr - Casuda
Canyon Dr 10 1.18 25 0 0 1 1 8 3 3 0 2 2 0 0 0 0 1 0 0 0 1 Corporate Center
Dr
Davidson Dr - Casuda Canyon
Dr 7 0.13 22 0 0 1 1 5 2 2 0 0 1 0 1 1 0 0 1 0 0 0
W Ramona Blvd Corporate Center Dr - MP Golf
Club Entrance 6 0.19 30 0 0 2 1 3 3 1 0 1 1 0 0 0 0 1 1 1 0 0 E Hellman Ave N Orange Ave - New Ave 5 0.07 5 0 0 0 0 5 0 4 1 0 0 0 0 0 0 0 0 0 0 2 Collector
N Alhambra Ave Garvey Ave - E Emerson Ave 7 0.82 22 0 0 1 1 5 3 2 1 0 0 0 0 1 0 1 0 0 0 0 W Newmark Ave Garfield Ave - S Ramona Ave 6 1.42 184 0 1 1 1 3 3 1 1 0 0 0 0 1 0 0 1 0 0 0 E Newmark Ave S Pomelo Ave - New Ave 3 0.06 8 0 0 0 1 2 1 0 2 0 0 0 0 0 1 0 1 0 0 0 Local
Marguerita Ave Garvey Ave - W Mabel Ave 9 26.2 24 0 0 0 3 6 5 2 1 0 0 0 0 1 0 0 0 0 0 0 N Lincoln Ave Hellman Ave - Emerson Ave 6 6.01 30 0 0 2 1 3 1 1 1 1 0 0 1 1 1 0 0 0 0 1 N Chandler Ave Garvey Ave - Emerson Ave 6 5.90 16 0 0 1 0 5 1 3 1 0 0 0 0 1 0 0 0 0 0 0 Hershey Ave N Orange Ave - New Ave 5 3.90 5 0 0 0 0 5 0 2 3 0 0 0 0 0 0 2 0 0 0 1 Gladys Ave E Emerson Ave - Driveway 5 8.90 5 0 0 0 0 5 3 1 0 0 0 0 1 0 0 0 0 2 0 0 N Lincoln Ave Garvey Ave - E Emerson Ave 5 4.51 15 0 0 1 0 4 2 3 0 0 0 0 0 0 0 1 0 0 0 1 S Ynez Ave Garvey Ave - W Newmark Ave 5 3.60 15 0 0 0 2 3 3 1 1 0 0 0 0 0 1 1 0 0 0 0
32 Facility Limits
Crashes
Local CCR Differential1
EPDO2
Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
S Mc Pherrin Ave Garvey Ave - W Newmark Ave 3 8.67 167 0 1 0 0 2 0 1 1 0 0 0 0 1 0 0 0 1 2 1 N Nicholson Ave Garvey Ave - E Hellman Ave 3 1.61 3 0 0 0 0 3 1 1 1 0 0 0 0 0 0 0 0 0 0 0 N Moore Ave W Emerson Ave - Hellman
Ave 3 1.57 3 0 0 0 0 3 0 2 1 0 0 0 0 0 0 0 0 2 0 0
1. Local Critical Crash Rate Differential
2. Equivalent Property Damage Only Crashes
33 8. Best Practices Evaluation and Emphasis Areas
8.1 Best Practices Evaluation
Table 8 identifies existing plans and policies that were recently completed, or are planned, or on-going within the City of Monterey Park. The intent of this review is to provide an idea of the types of strategies in place or encouraged by the City that may impact the safety analysis process. It will also identify opportunity areas where the City could adopt non-infrastructure countermeasures. This table also ties each topic and enhancement to the emphasis areas that are laid out in Section 8.2.
Table 7 – Summary of Program, Policies, and Practices
Topic Initiatives/ Current Status Opportunities for
Implementation or Enhancement
COMMITTEES / ROLES
Does the City have an
Active Transportation
Coordinator?
City Engineer performs this role Formalize duties in City Engineer positions
Does the City have a
Safety or Active
Transportation Advisory
Committee?
Traffic commission serves this role Continue to identify traffic safety issues and meet on regular basis
Does the City have an
Active Transportation
Safety Education
Program?
No
Implement an Active
Transportation Safety Education
program
POLICY / PLANS
Does the City have a
Complete Streets Plan?
The City has adopted a complete
streets policy and will plan to
develop guidelines
Implement a Complete Streets
Plan to formalize complete streets
policies. ‘Complete Streets’ are
streets that are designed and
operated to enable safe usage and
support mobility for all users.
Develop guidelines for
implementation going forward.
Does the City assess
Traffic Impact Fees?
The City has development impact
fees, but nothing specific to traffic
Continue to assess Development
Impact Fees and use proceeds for
traffic safety improvements
Does the City have a Safe
Routes to School
program?
No
Implement a Safe Routes to
School program to reflect changing
trends
Does the City implement
Traffic Calming Policies? No Formalize Traffic Calming Policies and implement where appropriate
34 Does the City regularly
conduct Speed Surveys? Yes
Continue to conduct speed
surveys every 7 years as required
by the CA MUTCD
Does the City utilized
Warrants for Stop Signs
and Signals?
Yes Continue to utilize warrants for
stop signs and signals
Is the City planning for
Density and Walkable
Areas?
City has some dense and walkable
areas, no formal policy
Consider updating general plan
and zoning to allow for high
density and additional mixed-use
developments
Does the City have
Transportation Demand
Management (TDM) or
Vehicle Miles Travelled
(VMT) Reduction
policies?
SGVCOG is developing a regional
program/ Traffic city guidelines
allows for VMT
Continue implementing TDM and
VMT policies
Does the City perform
Traffic Crash Monitoring?
Monterey Police department
performs monitoring.
Regularly monitor crash data to
identify any trends or hotspots
Does the City have an
Active Transportation
Master Plan?
City does not have an Active
Transportation Master Plan
Consider creating an Active
Transportation Master Plan
Does the City have
MUTCD-compliant
Pedestrian Signal
Timing?
LA County implements pedestrian
signal timing
Continue to implement MUTCD
compliant pedestrian signal timing
where appropriate
Does the City implement
Crosswalks at high
pedestrian locations?
City has crosswalks at high
pedestrian locations
Continue to implement crosswalks
at high pedestrian volume
locations as trends change
What type of traffic
enforcement does the
City conduct?
Monterey Park PD conductions
regular traffic enforcement
Continue to enforce traffic laws in
collision and aggressive driving
hotspots
What is the City's Bicycle
Policy? City uses SGVCOG master plan Formalize bicycle policies in City’s transportation element
What types of transit
does the City have?
Fixed route local bus service
(Monterey Park Spirit Bus) and
Metro
Coordinate with transit agencies to
identify any transit-related
improvements to traffic safety
What types of wayfinding
does the City have?
Some wayfinding exists at city
entrances
Identify areas where wayfinding
signage could contribute to
increased roadway safety
DATA COLLECTION / INVENTORY
Does the City have an
Inventory of Pedestrian
Signs and Signals?
City does not currently have an
inventory
Create GIS database of pedestrian
signals and signs
35 Does the City have an
Inventory/Mapping of
Active Transportation
Routes?
SCAG has an inventory of active
transportation routes, including
bicycle lanes and pedestrian paths
Continue to regularly update
inventory; assemble in GIS if
appropriate
Does the City utilize
Crossroads Database for
collisions?
City utilizes Crossroads database Continue to utilize Crossroads database and regularly update
Does the City have Active
Transportation Volume
Counting?
City currently does not have active
transportation volume counting
Implement Active Transportation
Volume counting at key locations
to gauge active transportation
usage
COORDINATION / FEEDBACK
What ways can citizens
give feedback about
roadway safety?
GOMPK and traffic commission-
traffic complaint form
Continue to solicit citizen feedback
on traffic safety and transportation
planning efforts
What types of
Coordination with other
City organization does
your department
perform?
City coordinates with PD and fire
departments
Continue coordinating with
development department and other
City departments
What types of School
Engagement does the
City perform?
PD coordinates with school
districts
Continue to identify areas of
coordination with local schools
What types of Law
Enforcement/Emergency
Service Engagement
does the City perform?
City engages with police and fire
department
Continue to identify areas of
coordination with police and fire
department
36 8.2 Emphasis Areas
Emphasis areas repreesent crash factors that are common in the City and provide the opportunity to reduce the largest number of traffic injuries with strategic investment. Emphasis areas were developed by revisiting the vision and goals of this planning process and comparing them with the trends and patterns identified in the crash analysis.
8.2. 4 Emphasis Area #1 : Vulnerable Road Users (Pedestrians & Bicyclists) Description: Pedestrians and bicyclists are classified by Caltrans as vulnerable users, meaning they possess the highest potential for severe harm during a crash. These groups need appropriate infrastructure to travel to key destinations such as schools, workplaces, and core commercial areas. The City’s Circulation element lays out plans and standards for non- motorized transportation. Of the 240 crashes involving vulnerable road users, 6 resulted in a fatal injury and 12 resulted in a severe injury. The City should aim to implement countermeasur es to further protect these users from injury.
Goals for Emphasis Area #1:
• Improve active transportation infrastructure by adding pedestrian facilities, bike lanes, and other amenities to make it safer for employees and community members to get to key destinations such as school, commercial centers, transit centers, and recreation areas • Encourage healthier lifestyles through active transportation infrastructure • Apply for HSIP and other funding to implement countermeasures to address vulnerable road user crashes
Strategies for Emphasis Area #1:
• Provide outreach, education, and enforcement to encourage more separation between vehicular and pedestrian traffic
• Install high-visibility crosswalk markings at the intersection of key destinations • Ensure all signalized intersections have completed crosswalks • Provide dedicated pedestrian and bicycle infrastructure to and from bus stops • Install adequate street lighting
• Widen street shoulders
• Provide signage (e.g., pedestrian crossing ahead) to help drivers expect to slow down for pedestrians and bikes
• Install bicycle lanes along key corridors
• Install bicycle storage facilities in public areas, such as parks and schools, to encourage bicycle use
37 • Implement recommendations from Safe Routes to School plan and consider opportunities for more systemic implementation where appropriate.
• Install curb extensions
• Install ADA ramps
• Modify signal phasing to implement a Leading Pedestrian Interval (LPI) with new controller • Install/upgrade pedestrian crossing at uncontrolled locations • Establish rotating enforcement targets for high visibility campaigns • Incorporate GIS bicycle facilities into interactive map on City website • These strategies will be implemented by the City, law enforcement, and community organizations, such as CalWalks, and Active SGV. Funding sources for these strategies may include OTS, NHTSA, and SB1 grant programs.
8.2.1 Emphasis Area #2 : Aging Drivers
Description: Collisions involving aging drivers, as defined by the Caltrans SHSP, includes instances where the driver of the motor vehicles is 65 years or older. During the period of 2017- 2021, 16% of the collisions in the City involved aging drivers.
Goal for Emphasis Area #2:
• Reduce the number of crashes involving aging drivers
• City will evaluate progress of the goal every two years and make any necessary changes to implementation strategies
Strategies for Emphasis Area #2:
• Education campaign to target aging drivers with messages regarding road safety, common mistakes and challenges
• Increased enforcement near hotspots of aging drivers
• Increased communication with community organizations
These strategies will be implemented by the City, law enforcement, and community organizations, such as CalWalks and Active SGV. Funding sources for these strategies may include OTS, NHTSA, and SB1 grant programs.
8.2.2 Emphasis Area #3 : Intersection Improvements
Description: Collisions involved at intersections, interchanges, and other roadway access.
About 82% of total of collisions took place at or near intersections. 46.2% of the fatal and severe injury collisions in Monterey Park involved intersections, compared to 23.8% statewide.
38 Goal for Emphasis Area #3:
• Reduce the number of crashes at intersections, interchanges, and other roadway access.
• Identify hot spots and prioritize locations for intersection improvements. • Apply for funding and implement countermeasures to address collisions at intersections for improvement.
Strategies for Emphasis Area #3:
• Engineering improvements are not limited but could include backplates with reflective borders, left-and right turn lanes at two- way controlled intersections, and protected left- turn movements.
These strategies can be implemented by the City with assistanc e from emergency services and community organizations. Funding sources for these strategies may include HSIP, OTS, and SB1 grant programs.
8.2.3 Emphasis Area #4 : Aggressive Driving
Description: Aggressive driving, as defined by the Caltrans SHSP, includes several behaviors including speeding, tailgating, and ignoring traffic signals and signs. Aggressive driving behaviors (unsafe speed or following too closely) accounted for 21 percent of collisions. 1 percent of these collisions resulted in a severe injury, 9 percent of these collisions resulted in some other form of injury.
Goal for Emphasis Area #4:
• Reduce the number of crashes due to aggressive driving in the City • Identify hot spots and priority corridors for aggressive driving • Apply for funding and implement countermeasures to address aggressive driving
Strategies for Emphasis Area #4:
• Educational campaign to target aggressive drivers
• Increased law enforcement presence near aggressive driving hotspots • Increased coordination with law enforcement and other community organizations
These strategies will be implemented by the City, while partnering with Caltrans, Southern California Association of Governments (SCAG), California Highway Patrol (CHP), and other community partners. Funding sources for these strategies may include HSIP, Active Transportation Program (ATP), OTS, SB 1, and SS4A grant programs.
39 9. Countermeasure Toolbox
This section provides information on general identified issues, crash reduction factors, improvements, and countermeasures identified for the City of Monterey Park , as well as for specific project locations identified as part of this analysis. Countermeasures for each of the Safety Project Case Studies are based on data analysis, stakeholder input, and site visits.
9.1 Infrastructure Improvements
9.1.1 Countermeasure Selection Process
Part D of the HSM provides information on CMFs for roadway segments, intersections, interchanges, special facilities, and road networks. CMFs are used to estimate the safety effects of highway improvements, specifically to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce crashes. A CMF greater than 1.0 indicates that a treatment has the potential to increase crashes. A Crash Reduction Factor (CRF) is directly connected to the CMF and is “mathematically defined as (1 – CMF) (the higher the CRF, the greater the expected reduction in crashes)
4.” CMFs can help decision makers
weigh potential alternative projects, but are only one measure of a project's value and should be considered part of a larger decision making process. Furthermore, it is important to note that not all CMFs are as reliable as others. The FHWA maintains a federal depository of CMFs and includes a star rating system to help users determine which CMFs are bolstered by the best and most thorough research. Key factors to consider when applying CMFs include:
1. Selection of an appropriate CMF;
2. Estimation of crashes without treatment;
3. Application of CMFs by type and severity; and,
4. Estimation of the combined effect for multiple treatments.
Examples of Safety Countermeasures can be found through several sources. This Report utilizes the countermeasures found in the California LRSM and the CMF Clearinghouse (CMF CH) website. Countermeasures for each of the Safety Project Case Studies are based on the data analysis and site visits. Additional countermeasures were identified for the high-level issues on a city-wide level and are discussed in Section 9.2.
4 Local Roadway Safety Manual (Version 1.5) 2020. Page 27.
40 9.1.2 Safety Project Case Studies
From the city -wide analysis, eleven (10) project case study locations were selected for further evaluation and countermeasure development. For each of these locations, Safety Project Case Studies were developed to provide a balanced understanding of common safety patterns at a variety of location types that can be used to associate countermeasures with specific roadway configurations and conditions. These locations were identified through the analysis process based on their crash histories, stakeholder engagement, the observed crash patterns, and their different characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most cost-effective safety benefits.
A Safety Project Case Study was developed for each of the following locations:
1. Signalized Intersection: Monterey Park Pkwy & Vincent Ave
2. Signalized Intersection: Garfield Ave & Garvey Ave
3. Unsignalized Intersection: Newmark Ave & Orange Ave
4. Unsignalized Intersection: New Ave & Hershey Ave
5. Roadway Segment: Atlantic Blvd – Garvey Ave to Emerson Ave
6. Unsignalized Intersection: Atlantic Blvd & Mabel Ave
7. Roadway Segment: Monterey Pass Rd – Vagabond Dr to Davidson Dr
8. Signalized Intersection: Atlantic Blvd & 1
st St
9. Signalized Intersection: Atlantic Blvd & Riggin St
10. Signalized Intersection: Atlantic Blvd & Brightwood St The following pages summarize conditions at each location, and potentially beneficial countermeasures. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term.
These case study sheets can also be used to position the City for future grant funding opportunities.
The potential benefit of each countermeasure was calculated using each countermeasure’s Crash Reduction Factor (CRF) and the latest Caltrans injury level cost data. Fatal and severe injury collisions are estimated at $2.19 million, Other Visible Injury collisions at $142,300, Complaint of Pain collision at $80,900, and Property Damage Only collisions at $13,300. The 5-year benefit is extrapolated out to a 20-year safety benefit.
The 20-year safety benefit was then compared to the 20- year cost estimates, which is used to calculate a benefit -cost ratio. The be nefit-cost ratio can be used to compare different countermeasures for their effectiveness and competitiveness for grant funding.
Case Study Sheet: Location #1
Project Location, Description & Maps
Segment: Newmark Ave: Ramona Ave to Garfield Ave
Example of Similar Segments: Chandler Ave: Newmark Ave to Garvey Ave; Lincoln Ave: Emerson Ave to Garvey Ave
ROADWAY
SEGMENT
STOP
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 6
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Broadside (50%)
Rear-end (16%)
Sideswipe (16%)
Vehicle-Pedestrian (16%)
Dark Collisions 2
Impaired Collisions 0
Collision Data
Average Daily Traffic
(ADT)
7,399
Lighting Well-lit
Median Single dashed yellow
Highest Posted Speed
Limit
30 Collisions Involved With
Vehicular Pedestrian Bicycle
5 1 0
Field Visit Notes
• High no. of collisions around CVS driveway on Newmark • L
imited visibility from driveway, looking west, due to parked cars • Speeding, more common eastbound
• Eastbound speeds generally higher than westbound, possibly due to vehicles having more distance to speed up from the intersection to the west
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Implement no
parking any time
zone (signage and
red curb) just west
of CVS driveway on
Newmark, in
eastbound direction
15%
(NS06) $367,965 $3,000 122.66
Install edge-lines
striping to separate
parking lanes from
travel lanes
25%
(R28) $613,275 $3,000 204.43
Install ‘stop ahead’
signage at Ramona
Ave & Newmark Ave
intersection
15%
(NS06) $367,965 $1,500 245.32
Case Study Sheet: Location #1
Case Study Sheet: Location #2
Project Location, Description & Maps
Intersection: Garfield Ave and Garvey Ave
Example of Similar Intersections: Atlantic Blvd and Garvey Ave; Atlantic Blvd and Riggin St
SIGNALIZED
INTERSECTION
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 63
Fatal and Severe Injury
Collisions
0 Top 3 Collision Types (%) Sideswipe (33%)
Rear-end (32%)
Broadside (27%)
Dark Collisions 16
Impaired Collisions 8
Collision Data
Number of Approaches 4
Total Entering Vehicles 51,092
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
30 Collisions Involved With
Vehicular Pedestrian Bicycle
58 2 3
Field Visit Notes
• High volumes of pedestrians on northbound/southbound crosswalks • I
ssues with northbound/southbound right-turning drivers due to high ped volumes • Elderly pedestrians
• High no of broadside collisions in intersection
• Rear ends and sideswipes around intersection
• Several right-turn sideswipes in intersection
• Deteriorated bus pad on southeast corner
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02)
$345,975 $12,000 28.83
Review and adjust
signal timing
15%
(S03)
$345,975 $7,667 45.13
Case Study Sheet: Location #2
Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Modify signal
phasing to
implement a
Leading Pedestrian
Interval (LPI)
60%
(S21PB) $202,140 $7,667 26.36
Install/upgrade
pedestrian crossing
(including audible
pedestrian signals)
35%
(R35PB) $117,915 $9,500 14.16
Install advanced
dilemma zone
detection system
40%
(S04) $922,600 $40,000 3.84
Repair/move bus
stop on southeast
corner
- varies varies varies
Case Study Sheet: Location #2
Case Study Sheet: Location #3
Project Location, Description & Maps
Intersection: Newmark Ave and Orange Ave
Example of Similar Intersections: Newmark Ave and Alhambra Ave; Graves Ave and Russell Ave
FOUR-WAY-STOP
INTERSECTION
STOP
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 17
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Broadside (47%)
Sideswipe (24%)
Vehicle-Pedestrian (12%)
Dark Collisions 1
Impaired Collisions 1
Collision Data
Number of Approaches 4
Total Entering Vehicles 13,399
Crosswalk Condition Good
Control Type Stop sign
Lighting Poorly-lit
Highest Posted Speed
Limit
30 Collisions Involved With
Vehicular Pedestrian Bicycle
15 2 0
Field Visit Notes
• Cut-t hrough traffic
• High speeds
• Vehicles not completely stopping at stop signs
• May be hard to notice stop sign at low volumes
• Marketplace development south on Orange Ave
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Install ‘stop ahead’
signage
15%
(NS06) $419,400 $6,000 69.90
Install Flashing
Beacons at Stop-
Controlled
Intersections
15%
(NS08) $419,400 $12,000 34.95
Install transverse
rumble stripes on
approaches
20%
(NS10) $559,200 $10,000 55.92
Case Study Sheet: Location #3
Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install continental
cross-walks
35%
(NS21PB)
$816,305 $20,000 40.82
Install
dynamic/variable
speed warning signs
30%
(R26) $838,800 $64,000 13.11
Install edge-lines to
delineate parking
lanes from travel
lanes
25%
(R28) $699,000 $3,800 183.95
Targeted
enforcement - Varies Varies varies
Case Study Sheet: Location #3
Case Study Sheet: Location #4
Project Location, Description & Maps
Intersection: New Ave and Hershey Ave
Example of Similar Intersections: Garfield Ave and Garcelon Ave
ONE-WAY-STOP
INTERSECTION
STOP
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 16
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Sideswipe (44%)
Rear-end (25%)
Broadside (13%)
Dark Collisions 6
Impaired Collisions 2
Collision Data
Number of Approaches 3
Total Entering Vehicles 20,227
Crosswalk Condition Good
Control Type Stop sign
Lighting Poorly-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
16 0 0
Field Visit Notes
• High speeds from freeway traffic
• H
igh no. of collisions with parked vehicles
• Parking allowed only south of Hershey as lane widens
• Former marked crosswalk across New at Hershey removed in late 2000’s Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Install striping and
delineators/bollards
north of Hershey to
encourage
movement to left
edge of outside lane
as parking begins
south of Hershey
15%
(R27)
$358,425 $41,250 8.69
Install striping to
separate parking
lanes from travel
lanes
25%
(R28)
$597,375 $5,000 119.48
Case Study Sheet: Location #4
Case Study Sheet: Location #5
Project Location, Description & Maps
Segment: Atlantic Blvd: Garvey Ave to Emerson Ave
Example of Similar Segments: Atlantic Blvd: Emerson Ave to Hellman Ave; Garfield Ave: Emerson Ave to Hampton Ave
ROADWAY
SEGMENT
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 21
Fatal and Severe Injury
Collisions
2 Top 3 Collision Types (%) Rear-end (33%)
Sideswipe (29%)
Broadside (14%)
Vehicle-Pedestrian (14%)
Dark Collisions 8
Impaired Collisions 1
Collision Data
Average Daily Traffic
(ADT)
32,011
Lighting Well-lit
Median Two-way left turn lane
Highest Posted Speed
Limit
30 Collisions Involved With
Vehicular Pedestrian Bicycle
18 3 0
Field Visit Notes
• High no. of pedestrian collisions
• H
igh no. of left turn conflicts at southern end
• Audible pedestrian signals at mid-block signalized intersection • Bus stop over area
• Protected-permissive left turn signal heads in northbound and southbound directions at mid-block signal
• Major north-south corridor between I-10 and SR-60
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Protected left turn
signals in
northbound and
southbound
directions at mid-
block signal
30%
(S07)
$1,587,030 $40,000 39.68
Install ‘signal ahead’
signage
30%
(S10) $1,587,030 $6,000 264.51
Install/upgrade
pedestrian crossing
(audible pedestrian
signal with multiple
languages; ‘use
crosswalk’ signage,
re-stripe crosswalk)
35%
(R35PB) $11,537,655 $19,000 97.45
Case Study Sheet: Location #5
• High volumes on weekends
• B
usinesses attract high volumes in afternoons and on
weekends
• Driveway on east side of mid-block signal serves as main driveway for Ralphs
• High no. of parked vehicles in southbound direction during busy periods
Case Study Sheet: Location #6
Project Location, Description & Maps
Intersection: Atlantic Blvd and Mabel Ave
Example of Similar Intersections: Garfield Ave and Newmark Ave Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
ONE-WAY-STOP
INTERSECTION
STOP
Project Location, Description & Maps
Collision Data
Total Collisions 19
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Rear-end (37%)
Hit-object (26%)
Sideswipe (16%)
Dark Collisions 9
Impaired Collisions 5
Collision Data
Number of Approaches 3
Total Entering Vehicles 31,437
Crosswalk Condition None
Control Type Stop sign
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
19 0 0
Field Visit Notes
• Curve catches drivers off guard, especially in northbound direction • H
igh no. of collisions northbound as curve begins, especially fixed-object collisions • Northbound vehicles lose control as curve begins and leave the roadway, causing property damage • Limited visibility northbound due to curve; vehicles may not see signal to the north Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Install flashing
beacons as signal
advance warning
30%
(S10) $1,023,720 $3,000 341.24
Install chevron signs
on horizontal curves
40%
(R23)
$1,364,960 $7,500 181.99
Install curve advance
warning signs
25%
(R24)
$853,100 $1,500 568.73
Install curve advance
warning signs
(flashing beacon)
30%
(R25) $1,023,720 $10,000 102.37
Case Study Sheet: Location #6
Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Install
dynamic/variable
speed warning signs
30%
(R26) $1,023,720 $16,000 63.98
Install reflective
pavement markings
15%
(R27)
$511,860 $75,000 6.82
Install edge-lines
striping
25%
(R28)
$853,100 $1,900 449.00
Case Study Sheet: Location #6
Case Study Sheet: Location #7
Project Location, Description & Maps
Segment: Monterey Pass Rd: Vagabond Dr to Davidson Dr
Example of Similar Segments: Monterey Pass Rd: Fremont Ave to Vagabond Dr
ROADWAY
SEGMENT
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 15
Fatal and Severe Injury
Collisions
0 Top 3 Collision Types (%) Broadside (60%)
Sideswipe (33%)
Rear-end (7%)
Dark Collisions 2
Impaired Collisions 1
Collision Data
Average Daily Traffic
(ADT)
16,829
Lighting Well-lit
Median Two-way left turn lane
Highest Posted Speed
Limit
40 Collisions Involved With
Vehicular Pedestrian Bicycle
14 0 1
Field Visit Notes
• Industrial; high truck volumes, passing through or using driveways & curb space • T
rucks parked or moving in roadway cause vehicles to perform unsafe maneuvers • 40 mph speed limit; vehicles going 50 mph
• Cut-through traffic during peak periods due to proximity & similarity to nearby freeway routes Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install edge-line
striping and median
striping
25% $197,325 $14,000 14.09
Targeted speed
enforcement - Varies Varies Varies
Case Study Sheet: Location #7
Case Study Sheet: Location #8
Project Location, Description & Maps
Intersection: Atlantic Blvd and 1st St
Example of Similar Intersections:
SIGNALIZED
INTERSECTION
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 50
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Broadside (38%)
Rear-end (30%)
Sideswipe (12%)
Dark Collisions 9
Impaired Collisions 1
Collision Data
Number of Approaches 4
Total Entering Vehicles 5,734
Crosswalk Condition Fair
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
50 0 0
Field Visit Notes
• East LA College nearby
• P
ermissive-only left turn phasing in east/west directions (1st St and SR-60 off-ramp) • Left-turning eastbound traffic on 1st St is hesitant to complete turn due to limited visibility of oncoming traffic and uncertainty of movements of oncoming traffic exiting the freeway • High no. of rear-end collisions on Atlantic Bl
• Congestion on Atlantic Bl during peak periods
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Implement signal
coordination/synchr
onization along
Atlantic Bl
15%
(S02)
$626,265 $38,335 16.34
Implement split
phasing in E/W
directions
30%
(S07)
$1,252,530 $40,000 31.31
Case Study Sheet: Location #8
Case Study Sheet: Location #9
Project Location, Description & Maps
Intersection: Atlantic Blvd and Riggin St
Example of Similar Intersections: Garfield Ave and Garvey Ave; Atlantic Blvd and Garvey Ave
SIGNALIZED
INTERSECTION
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 53
Fatal and Severe Injury
Collisions
0 Top 3 Collision Types (%) Rear-end (40%)
Sideswipe (23%)
Broadside (21%)
Dark Collisions 11
Impaired Collisions 2
Collision Data
Number of Approaches 4
Total Entering Vehicles 47,070
Crosswalk Condition Fair
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
47 5 1
Field Visit Notes
• East LA College nearby
• H
igh pedestrian volumes
• High bus volumes
• Buses stopped on Atlantic Bl south of Riggin St
reduce visibility in conflict zones
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install
retroreflective
backplates
15%
(S02)
$235,695 $12,000 19.64
Implement signal
coordination/synchr
onization on Atlantic
Bl
15%
(S04)
$235,695 $38,335 6.15
Case Study Sheet: Location #9
• Congestion on Atlantic Bl at peak periods
• H
igh no. of pedestrian collisions
• High no. of rear-end collisions
Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Modify signal
phasing to
implement a
Leading Pedestrian
Interval (LPI)
60%
(S21PB) $942,780 $7,667 122.97
Install advanced
dilemma zone
detection
40%
(S04) $365,640 $40,000 9.14
Case Study Sheet: Location #9
Case Study Sheet: Location #10
Project Location, Description & Maps
Intersection: Atlantic Blvd and Brightwood St
Example of Similar Intersections: Atlantic Blvd and El Repetto Dr; Garfield Ave and El Repetto Dr
SIGNALIZED
INTERSECTION
Project Name: Monterey Park LRSP
Agency Name: City of Monterey Park
Prepared by: Kimley-Horn
Checked by: Kyle McGowan
Date: August 2022
Project Location, Description & Maps
Collision Data
Total Collisions 31
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Rear-end (48%)
Sideswipe (19%)
Hit-object (13%)
Dark Collisions 9
Impaired Collisions 2
Collision Data
Number of Approaches 4
Total Entering Vehicles 34,520
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
40 Collisions Involved With
Vehicular Pedestrian Bicycle
26 2 3
Field Visit Notes
• East LA College nearby
• H
igh traffic from ELAC
• High left turn volumes from Brightwood
• Permissive-only left turn phasing in all directions
• High no. of rear-end collisions, especially southbound • Steep roadway grade on Brightwood, west of intersection, sloping downward in the eastbound direction
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C
Ratio
Install
retroreflective
backplates
15%
(S02) $519,240 $12,000 43.27
Implement signal
coordination/
synchronization
along Atlantic Bl
15%
(S03)
$519,240 $38,335 13.54
Install protected
left-turn phasing or
split phasing on E/W
Brightwood St
movements
30%
(S07)
$1,038,480 $40,000 25.96
Install edgelines
striping on
Brightwood St
25%
(R28)
$865,400 $5,000 173.08
Case Study Sheet: Location #10
• Atlantic Bl slopes downward in the southbound direction, north of
the intersection, leading to high speeds
• Bike collisions
• No parking on Atlantic Bl north of intersection
Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install advanced
dilemma zone
detection systems
40%
(S04)
$1,384,640 $40,000 34.62
Case Study Sheet: Location #10
67 Table 8 - Citywide Safety Countermeasure Toolbox
ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
S02 Improve signal hardware: back-plates with
retroreflective borders
Signalized intersections with significant broadside
and rear-end collisions due to signal visibility
15% $12,000 per intersection
S03 Re-evaluate signal timing for westbound left turn
to provide sufficient time for trucks
Signalized intersections with a significant collision
history related to clearance intervals, high-risk
movements, and signal timing coordination.
15% $5,000 per intersection
S04 Provide Advanced Dilemma Zone Detection for
high-speed approaches
Signalized intersections with significant right-angle
and rear-end collisions due to unsafe stopping
during yellow phases
40% $30,000 per intersection
S07 Install protected left turn phasing on north bound
approach
Signalized intersections that have an existing left
turn pocket and permissive left turn or no left turn
protection.
30% $40,000 per intersection
S10 Install flashing beacons as advance warning for
signalized intersections
Locations with sight distance issues 30% $3,000 per beacon S21PB Modify signal phasing to implement a Leading
Pedestrian Interval (LPI) with new controller
Signalized Intersections – especially those with
high pedestrian activity
60% $30,000 per intersection
NS05 Convert intersection to mini-roundabout Unsignalized intersections with crashes at various points of contact
30% $100,000 per location
NS06 Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs at
unsignalized intersections
Unsignalized intersections with crash history
showing running stop signs 15% $1,500 per sign
NS08 Install Flashing Beacons at Stop-Controlled
Intersections
Unsignalized intersections with crash history
showing running stop signs 15% $3,000 per beacon
NS10 Install transverse striping on approaches Unsignalized intersections with crash history showing running stop signs
20% $10,000 per location
NS11 Sight Distance Evaluation on westbound right
turn
Unsignalized intersections that with significant
collision patterns due to restricted sight distance.
20% $3,000 per intersection
68 ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
NS21PB Install/upgrade pedestrian crossing at
uncontrolled locations (with enhanced safety
features)
Unsignalized intersections with high pedestrian
activity
35% $20,000 per location
R23 Install chevron signs on horizontal curves Roadway segments that have a significant amount of collision activity at sharp curves.
40% $1,500 per sign
R24 Install flashing beacons on curve chevron
signage
Roadway segments that have a significant
amount of collision activity at sharp curves.
25% $4,500 per sign
R25 Install curve advance warning signs (flashing
beacon)
Roadway segments that have a significant
amount of collision activity at sharp curves.
30% $5,000 per sign
R26 Install dynamic/variable speed warning sign Roadway segments with a significant number of collisions due to unsafe speeds.
30% $16,000 per sign
R27 Install delineators, reflectors and/or object
markers
Locations with crash history with a high number of
crashes at night or with careless driving
15% $75 per linear foot
R28 Install safety edges
Roadway segments with collisions that resulted in
run-off-road right/left, head-on, or opposite-
direction-sideswipe.
25%
$8,000
per mile
R35PB Install/upgrade pedestrian crossing (with
enhanced safety features)
Intersections with high number of pedestrian
activity
35%
$9,500
per curb ramp
69 10. Funding Sources & Next Steps
10.1 Funding
Competitive funding resources are available to assist in the development and implementation of safety projects in Monterey Park. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Monterey Park. This section provides a high-level introduction to some of the main funding programs and grants for which the City can apply.
10.1.1 Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a Federal program that apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Safety improvement projects eligible for this funding include:
• New or upgraded traffic signals
• Upgraded guard rails
• Pedestrian warning flashing beacons
• Marked crosswalks
• Other projects listed in the Caltrans Local Road Safety Manual California’s local HSIP focuses on infrastructure projects with national recognized crash reduction factors. Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California.
Additional information regarding this program at the Federal level can be found online at :
https://safety.fhwa.dot.gov/hsip/
. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html.
HSIP Cycle 11 applications are due in September 2022.
10.1.2 Caltrans Active Transportation Program
Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non- motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include:
• Bicycle and pedestrian infrastructure projects
• Bicycle and pedestrian planning projects (e.g., safe routes to school) • Non-infrastructure programs (education and enforcement)
70 This program funding is provided annually. The ATP call for projects typically comes out in the spring. Information on this program and cycles can be found online at:
http://www.dot.ca.gov/hq/LocalPrograms/atp/
.
10.1.3 California SB 1
The California SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways, and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements.
California’s state -maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including:
• Local Street and Road Maintenance and Rehabilitation: $1.5 billion o This funding is dedicated to improve local road maintenance, rehabilitation, and/or safety through projects such as restriping and repaving. • Bike and Pedestrian Projects: $100 million
o This will go to cities, counties, and regional transportation agencies to build or convert more bike paths, crosswalks, and sidewalks. It is a significant increase in funding for these projects through the ATP.
• Local Planning Grants: $25 million
10.1.4 California Office of Traffic Safety Grants
This program has funding for projects related to traffic safety, including transportation safety education and encouragement activities. Grants applications must be supported by local crash data (such as the data analyzed in this report) and must relate to the following priority program areas:
o Alcohol Impaired Driving
o Distracted Driving
o Drug-Impaired Emergency Medical Services
o Motorcycle Safety
o Occupant Protection
o Pedestrian and Bicycle Safety
o Police Traffic Services
o Public Relations, Advertising, and Marketing Program
o Roadway Safety and Traffic Records
71 10.1.5 SCAG Sustainable Communities Program
This program is an innovative vehicle for promoting local jurisdictional efforts to test local planning tools. The Sustainable Communities Program ( SCP) provides direct technical assistance to SCAG member jurisdictions to complete planning and policy efforts to implement the regional Sustainable Communities Strategies (SCS). Grants are available in the following three categories:
• Integrated Land Use
o Sustainable Land Use Planning
o Transit Oriented Development (TOD)
o Land Use & Transportation Integration
• Active Transportation
o Bicycle Planning
o Pedestrian Planning
o Safe Routes to School Plans
• Green Region
o Natural Resource Plans
o Climate Action Plans (CAPs)
o Green House Gas (GHG) Reduction programs
10.1.6 Safe Streets and Roads for All (SS4A) Grant Program This program has allocated $1B annually for the next 4 years for local cities, counties, MPOs, and other roadway owners (excepting state DOTs) for safety improvement grants for safety planning, education, enforcement, and roadway improvements. This program is not benefit / cost based.
Evaluation criteria are oriented to the project’s alignment with the Safe Systems approach. There is a 20% local match requirement (can be in- kind contribution via staff billable hours). Planning grants are open to any eligible agency and Implementation grants are open to agencies with a completed safety plan such as a Local Roadway Safety Plan. Planning grants are expected to range from $100K to $1M and Implementation grants are expected to range from $1M to $20M.
Grant applications are due in September 2022. Implementing a Local Road Safety Plan and the City’s adoption of a Vision Zero resolution makes the City eligible to apply for SS4A implementation grants.
10.1. 7 Infrastructure Investment and Jobs Act
In November 2021, the President signed into law the $1.2 trillion Infrastructure Investment and Jobs Act. In addition to the SS4A grant program described above, this law provides billions of dollars in additional funding for improvements and investment in the transportation sector nationwide. The law provides $30 billion in funding over 5 years for competitive RAISE grants for transportation projects, as well as additional funding for repair and environmental mitigation projects. As these grant programs continue to be developed, City can position itself by identifying potential projects and programs to pursue.
72 10.2 Implementation Plan
Once the Local Roadway Safety Plan has been completed, the City can plan to regularly review and monitor collision data for trends and changes. The City can also plan to prioritize and implement certain improvements that were identified in this plan.
10.2.1 Monitoring
The City can plan to regularly monitor the success of the LRSP and its related implementations by performing the following steps. This before and after analysis can be performed every second year. The City can also meet with the Sheriff department quarterly to discuss roadway safety issues and compare to the latest collision analysis.
• Pull yearly collision data from Crossroads database to determine year-over-year trend • Utilize Crossroads or GIS software to review the number of collisions occurring at specific locations. Locations where improvements have been made should receive priority for monitoring.
• Based upon changes in collision activity, determine efficacy of improvements and adjust strategies going forward
10.2.2 Analysis Update
The City can plan to update the analysis every two years as part of a monitoring program, as described in Section 10.2.1. Every 4 years the City will perform a major update to the analysis and the Local Roadway Safety Plan by performing the following steps. This update will maintain eligibility for the HSIP grant funding for the City. This analysis should continue to focus on both systemic and location- specific safety needs.
1. Obtain updated Statewide Integrated Traffic Records System (SWITRS) collision data from the Crossroads database
2. Use Excel software to update the collision trend analysis completed in Section 7, continue to compare new collision to historic trends
3. Update the roadway shapefile with any new or upgraded roadways
4. Update the intersection shapefile with any new or upgraded intersections
5. Re-run the GIS collision tool to determine the number of collisions at intersections and roadways within the updated study period. The City can plan to run the collision tool for all collisions, as well as the collision types identified in Section 3.2.2 Network Screening Analysis.
6. Update the collision analysis performed in this report, including the collision analysis tables shown in Section 7.7 Collision Network Screening Analysis Report
7. Review the Collision Toolbox to determine if any additional countermeasures should be considered for implementation in the City
10.2.3 Implementation Strategies
The opportunities identified in this report provide systemic and location-specific countermeasures that can be implemented within the City. Implementation will be dictated by funding and available resources, this
73 guidance is preliminary and subject to change. Over the near-term and mid-term, the City can concentrate its efforts on the following emphasis areas. • Vulnerable Road Users (Pedestrians and Bicyclists)
• Aggressive Driving
• A ging Drivers
• I ntersection Improvements
Analysis conducted at the citywide level indicated that these factors were some of the most frequent influences contributing to collisions within the City. The countermeasure opportunities previously discussed in this report for both systemic and project-specific improvements can be used as a basis for developing projects at locations where addressing these focus areas would be of the most benefit.
Projects that address these focused areas citywide can be developed with a high benef it-to-cost ratio (by applying City-wide collision rates), allowing competitive projects to be developed even at sites with little to no direct collision history, but with conditions that might contribute to future collisions. For location- specific improvements, the City can utilize benefit-cost ratio calculations to help prioritize projects as funding and resources become available. The countermeasure toolbox in Table 8 also identified a potential prioritization timeline for each improvement, based on cost, effectiveness and feasibility.
This project prioritization process will help the City be ready for the funding opportunities identified in Section 10.1. Project prioritization will also help to guide the projects as they are taking into the design and construction project. Coordination with City departments will be key in the completion of these implementations.
The City can also plan to implement the non-engineering improvements identified throughout this report, including actions related to Enforcement, Education, and Emergency Services. These actions will require coordination with internal and external stakeholders, such as City departments, law enforcement, local government organizations, and local community organizations. Early buy-in and engagement from these stakeholders will be key to the success of these actions.
To aid in these actions, the City can assemble a ‘Task Force’ of representatives from different City departments, such as Public Works, Development Services, and Public Safety. This task force will be instrumental in the monitoring, analysis update, project development and project implementation outlined in this plan.
10.3 Next Ste ps
The City has completed this LRSP to guide the process of future transportation safety improvements for years to come. In addition to the actions identified in the Implementation Plan, the City can perform the following to guide the success of this LRSP and the safety efforts overall. • Develop investment program to help achieve the City’s Vision Zero goals • Work with state and partner agencies on implementation of large-scale programs and policies • Incorporate safety analysis findings in future updates of safety programs • Monitor statewide safety priorities, guidance, and funding opportunities
Staff Report
September 7, 2022
ATTACHMENT 2
Vision Zero Policy Resolution
RESOLUTION NO.
A RESOLUTION ADOPTING A VISION ZERO POLICY.
The City Council of the City of Monterey Park does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. According to data from the National Highway Traffic Safety Administration each year approximately 40,000 people are killed in traffic collisions in the United States;
B. In a study comparing 19 peer nations the Center for Disease Control and Prevention found that the United States has the highest traffic death rate per person;
C. In the City of Monterey Park, from 2017 to 2021, 20 people died and 34 suffered severe life changing injuries as a result of traffic related incidents.
The City has an average of four deaths and seven severe injuries per year; Of the people who died in traffic crashes during this period, two thirds were walking or riding a bicycle;
D. 40% of the pedestrians or bicyclists who died in crashes from 2017 to 2021 were 59 years old or older
E. One death on City streets is one too many. The City Council dedicated to strategies that aim to reduce and eliminate deaths and serious injuries on City streets;
F. Seniors, children, people with disabilities, people in low income communities, people walking and people bicycling face a disproportionate risk of traffic injuries and fatalities;
G. Vision Zero is a public health based traffic safety strategy to reduce and eventually eliminate traffic deaths and serious injuries using a data driven multi-disciplinary and safe systems approach that also increases safe healthy equitable mobility for all;
H. Vision Zero recognizes that while human error will always occur a combination of engineering education and enforcement measures can reduce collisions and can prevent collisions from causing death or severe injuries;
I. The California Department of Transportation (“Caltrans”) adopted the goal of moving toward zero deaths with a focus on using proven effective strategies and countermeasures;
J. It is in the public interest for the City to adopt a Vision Zero Policy to help protect public health and safety; and
K. City declares that Vision Zero is the citywide guiding principle for transportation planning, the design of streets and sidewalks and the maintenance of the public rights of way.
SECTION 2: Policy; Next Steps. The City Council establishes the following Vision Zero Policy:
A. The Monterey Park Vision Zero Task Force (the “Task Force”) is created.
Members of the Task Force will be selected by the City Manager.
B. Prioritize the development of safe roadways and the highest level of safety for all road users through new policies, systems and infrastructure improvements for pedestrians, bicyclists and motorists.
C. Create an Action Plan in a manner that promotes equity, community engagement and transparency by presenting it to Council for acceptance and approval and providing Council with regular updates on its development and implementation.
D. Identify and secure grant funding to implement the Vision Zero action plan, including funding for pedestrian and traffic safety projects and public education as identified in the Action Plan and funding for Capital Improvement Programs that support Vision Zero policies
SECTION 3: Authorization. The City Manager is authorized to implement the Vision Zero Policy set forth in Section 2. Among other things, the City Manager is directed to implement the steps needed to consider adjusting speed limits within the City’s jurisdiction in accordance with AB 43 (Friedman, 2021).
SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.
SECTION 6: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this ____ day of _________, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: September 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Anthony Antich, Interim Director of Public Works
SUBJECT: Award of Contract to Calgon Carbon for Carbon Media Changeout RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a three-year Maintenance Agreement with Calgon Carbon Corp., in a form approved by the City Attorney, for Carbon Media Changeout for a not-to-exceed amount of $2.34M annually;
2. Appropriating $2.12M from Water Treatment Fund (403) for Fiscal Year 2022-23 Carbon Media Changeout costs; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The C ity’s new ultraviolet light/advanced-oxidation water treatment system requires granular activated carbon (GAC) to remove contaminants. Staff is requesting that City Council approve a three-year maintenance agreement with Calgon Carbon Corporation for carbon changeout in the amount of $2.34M annually. This is a contract for convenience in accordance with Monterey Park Municipal Code (“MPMC”) § 3.20.050(2).
Consequently, bidding is not required.
BACKGROUND:
The City is constructing a Centralized Groundwater Treatment System (CGTS) at the Delta water plant. The permitting process by the State Water Resources Control Board Department of Drinking (DDW) requested that a perfluoroalkyl and polyfluoroalkyl substances (PFAS) removal system be incorporated into the CGTS before issuing an operating permit. On February 3, 2021, City Council approved modifications of the CGTS design to include the required PFAS removal component. Based on research on the most cost-effective technology, the CGTS has been designed to use granular activated carbon (GAC) for the removal of PFAS along with other contaminants.
Consent Calendar - 3E
Staff Report
September 7, 2022
Calgon Filtrasorb Carbon Media
In Spring 2021, City staff in collaboration with the CGTS Project Team and DDW commissioned Trussell Technologies to complete a performance test on the effectiveness of various types of GAC in removing PFAS. The results of the test found Calgon Filtrasorb 400 to be the most effective carbon media in PFAS removal. Based on these results, the CGTS permit specifically requires Calgon F-400 carbon as the approved GAC to remove PFAS in the City’s upgraded CGTS treatment plant.
Filtrasorb 400 is a proprietary product that is only available through Calgon Carbon Corporation as stated in the sole source letter attached to this staff report. Accordingly, MPMC § 3.20.050(2) allows the City to by-pass bidding requirements for convenience (“circumstances demonstrating only one vendor is best qualified to provide the supplies”).
Calgon Filtrasorb 400 carbon costs $242,527 per 100,000 pounds. The City’s new CGTS treatment system includes 22 vessels that contain 20,000 pounds of carbon per vessel.
Prop 68 Grant Funding
The San Gabriel Basin Water Quality Association (WQA) received a grant award from the Prop 68 Grant Funding Program to assist its member agencies with treatment costs.
Under this program, the City is eligible for reimbursement for operation and maintenance (O&M) treatment costs incurred up to March 2023. Four out of the twenty-two vessels are scheduled to be loaded with carbon by September as part of the City’s design-build contract with Filanc, Inc. The City will be responsible for the remaining 18 vessels, which are scheduled to be loaded before the end of calendar year 2022. The cost to complete that carbon changeout in the 18 vessels is estimated to be $956k and this cost will be eligible for reimbursement.
Projected Annual Costs
The CGTS Project Team projects the life of each carbon load to be between 6 to 8 months. Therefore, another changeout for the 22 vessels may be needed before the end of FY2023 based on the worst-case scenario of 6 months.
After Fiscal Year 2023 (June 30, 2023), the annual carbon replacement cost is estimated to be between $1.75M and $2.34M.
Future Grant Funding
The City is a member of the South El Monte Operating Unit (SEMOU) cooperative agreement with the San Gabriel Basin Water Quality Authority (WQA) which reimburses the City for treatment costs related to industrial contaminants (e.g., volatile organic compounds) that were found in the City’s groundwater in 1979. The Environmental Protection Agency (EPA) placed the Basin in the Superfund Program to identify responsible parties, secure funding and administer clean up. The SEMOU agreement initially expired on August 31, 2015 but was amended to extend to August 31, 2022. WQA has been working with State and Federal officials to identify future funding for the cleanup of the Basin.
Staff Report
September 7, 2022
Currently the City anticipates that the California Department of Toxic Substances Control (DTSC) will be taking over the reimbursement of the treatment costs, but details of the arrangement have not been confirmed. It is likely that the State will reimburse the City for a portion of the treatment costs.
FISCAL IMPACT:
The cost for carbon replacement for the CGTS treatment system cost for fiscal year 2022- 23 is estimated to be $2.12M. Staff is requesting an allocation of water treatment funds (403) in the amount of $2.12M for carbon replacement costs in FY 2023. The Prop 68 grant will reimburse the City for $956K of the $2.12M. After Year 1, the Annual carbon replacement cost is estimated to be between $1.75M and $2.34M. Until alternative funding can be secured, the City will budget for this operational cost as part of the annual budget process.
Respectfully submitted by: Prepared by:
Anthony Antich
Interim Director of Public Works
Amy Ho
Principal Management Analyst
Martha Garcia
Director of Management Services
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. Calgon Carbon Cost Proposal Letter
2. Calgon Sole Source Letter
Staff Report
September 7, 2022
ATTACHMENT 1
Calgon Carbon Proposal Letter
(July 28, 2022)
Date: July 28, 2022
City of Monterey Park
Water Dept
Richard Gonzales
Subject: GAC Exchange Media
Dear Mr. Gonzales,
Thank you for your interest in our products. We are pleased to offer as follows for your kind consideration.
Product Name FILTRASORB 400 - BULK
Quantity 100,000.00 LBS
Country of Origin USA
Service: Included to remove the existing and to load the new virgin GAC into the vessels Freight: Included to provide the new material as well to take the spent for disposal at our reactivation facility
Sales Tax: Is NOT included and will be added to the price of the virgin material.
Grand Total Amount:
$242,527 USD
Incoterms: 13 - Ship Pt Prepaid Delivered
Lead Times: The current lead time on this material is approximately 6-8 weeks from order placement, depending on product availability.
Additional Notes/ Assumptions:
• Assumes no disinfection or sacrificial bed trailers
• Assumes transfer and install in sequence or additional mobilization charges will apply
Terms and Conditions:
Prices: All prices offered are in USD based on the above quantity to be supplied and exclude all additional taxes and duties (unless specified).
Payment Terms: Net30
Price Validity: This quote is valid for 30 days.
Additional Information:
Calgon Carbon Corporation's General Terms and Conditions apply.
Hope the above fulfills your requirement and look forward to receiving your favorable reply. Please feel free to contact us should you require further information or clarification.
Thank you,
Yours Sincerely,
Timothy Brekke
Timothy Brekke
Senior Technical Sales Representative
Mobile no.: +1 3107407782
Email: [email protected]
General Terms and Conditions
The following terms and conditions shall apply to the performance by Calgon Carbon Corporation ("CCC'") of all sales of products and services (defined herein as "Products").
1. Entire Agreement. The contract evidenced by this Acknowledgment/Confirmation constitutes the entire agreement between CCC and the purchaser ("Purchaser") and may not be modified
except by a writing signed by the authorized representatives of each of the parties. CCC shall be obligated to perform only in accordance with the terms of this acknowledgment and any terms and conditions contained in Purchaser's proposal, purchase order, acceptance, acknowledgment, transmittal or elsewhere which are different from, conflict with or add to the provisions of this contract shall be deemed to materially alter them and are hereby objected to and rejected by CCC. Purchaser is hereby notified that CCC has commenced performance under this contract and intends to deliver or ship the Products identified herein to Purchaser.
2. Force Majeure. CCC shall have no liability to Purchaser or its customers or users, and shall have the right to suspend shipments hereunder. in the event of war, riot, terrorism, accident,
explosion, sabotage, flood, acts of God, fire, court order, strike, labor disturbance, work stoppage, national defense requirements, act of governmental authority, extraordinary failure of equipment or apparatus, inability to obtain electricity or other type of energy, raw material, labor, equipment or transportation or other causes beyond CCC's control. It is understood and agreed that settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of CCC and that nothing in this contract shall require the settlement of strikes, lockouts and labor disputes when such course is inadvisable in the sole discretion of CCC.
3. Warranty. CCC warrants that all Products provided under this contract shall conform to the specifications for such Products for the time period as published by CCC from time to time
during the term of this contract. CCC warrants that any technical assistance will be competent and reflect the professional knowledge or judgment of its representatives. CCC shall correct any failure to conform to either of the applicable foregoing warranties of which it is notified in writing prior to ninety (90) days after provision of the allegedly non-conforming Products by replacement of product or reperformance of services. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES
WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). The remedies provided above are Purchaser's sole remedies for any failure of CCC to comply with its obligations. Corrections of any nonconformity in the manner and for the period of time provided above shall constitute complete fulfillment of all the liabilities of CCC whether Purchaser's claims are based in contract, in tort (including negligence or strict liability) or otherwise with respect to or arising out of the Products furnished hereunder.
4. Indemnification. Subject to Section 5 below, each party during the term of this contract to the extent of its negligence or willful misconduct will indemnify and save the other party
harmless at all times against any liability on account of any and all claims, damages, law suits, litigation, expenses, counsel fees, and compensation arising out of property damages or injuries, (including death), arising out of its performance under this contract. Purchaser will reimburse CCC for damages to the system site, to CCC's equipment or goods, caused by the negligence or willful misconduct of Purchaser, its employees, representatives, or agents. In the case of intentional or repeated damage, CCC shall have the additional right to terminate this contract.
5. Limitation of Liability. Notwithstanding any provision to the contrary herein, the parties hereto agree that in no event shall CCC or its contractors or suppliers of any tier be liable to
Purchaser for any indirect, special. consequential, incidental or punitive damages as a result of a breach of any provision of this contract or for any other claim of any kind arising out of or relating to this contract, whether in contract, in tort (including negligence or strict liability) or otherwise. Notwithstanding any provision to the contrary herein, for all losses, damages, liabilities or expenses (including attorney's fees and costs), whether for indemnity or negligence, including errors, omissions or other acts, or willful misconduct, or based in contract, warranty (including any costs and fees for repairing, replacing or re-performing services or curing a breach hereof), or for any other cause of action (individually, a "Claim"; collectively, "Claims"), CCC's liability, including the liability of its insurers, employees, agents, directors, and officers and all other persons for whom CCC is legally responsible, shall not, to the maximum extent permitted by law, exceed in the cumulative aggregate with respect to all Claims arising out of or related to this contract, the lesser of (a) the total amount of compensation paid to CCC hereunder, and (b) One Million Dollars ($1,000,000).
6. Taxes, Permits, Tariffs, and Licenses. The fees do not include any Federal, state or local property, license, privilege, sales, use, excise, gross receipts or other like taxes, tariffs or duties,
licenses, or other assessments which may now or hereafter be applicable to, measured by or imposed upon or with respect to the transaction, the property, its sale, value or use, or any services performed in connection therewith. Purchaser agrees to pay any sales and use taxes upon or measured by CCC's services provided hereunder and for all applicable licenses, property taxes, personal property taxes and other taxes, fees, or assessments imposed on the Products or upon the installation and operation of the Products and will prepare and submit all documents, plans, and schedules that may be required by governmental agencies with the reasonable assistance of CCC where necessary. Purchaser shall provide CCC with a direct pay permit for sales tax, an affidavit of sales tax exemption, or an affidavit that Products are exempt from sales tax, or CCC has the right to invoice Purchaser for said taxes on each invoice.
7. Title; Risk of Loss. CCC warrants that it is the lawful owner of and has the right to sell the products under this contract and will defend the same against all lawful claims and demands of
all persons, The risk of loss due to casualty or destruction shall be borne by Purchaser upon CCC's tender of the Products to the carrier for transportation to Purchaser. Notwithstanding the foregoing or the provisions of the UCC or INCOTERMS, title to the goods, and all accessions to or products of the goods, shall remain with CCC until the later of (a) payment in full of the purchase price and of other amounts owing by the Purchaser and (b) delivery to the Purchaser, if the Purchaser is located outside the United States.
8. Inspection. Purchaser shall have the right to inspect the Products delivered under this contract and agrees promptly to notify CCC of any nonconformity, defective condition or breach of
warranty, and unless Purchaser gives prompt written notice to CCC of such breach of warranty, Purchaser's rights and remedies under this contract shall be deemed to have been waived. No claim for breach of warranty may be made by Purchaser more than ninety (90) days after date of delivery of such Product to Purchaser hereunder.
9. Termination. CCC may cancel this contract if any of the following occurs: (a) Purchaser becomes insolvent; (b) Purchaser ceases to conduct its operations in the normal course of business;
(c) Purchaser is unable to meet its obligations as they mature, or admit in writing such inability; (d) Purchaser !iles a voluntary petition in bankruptcy; (e) Purchaser suffers the filing of an involuntary petition in bankruptcy and the same is not dismissed within thirty (30) days after filing; (f) a receiver, custodian or trustee is appointed for Purchaser or for a substantial part of its property; (g) Purchaser fails to make payment on the terms and within the time specified in this contract; or (h) Purchaser executes an assignment for the benefit of its creditors. In the event of such cancellation, CCC shall have all rights and remedies set forth in the UCC of any applicable jurisdiction and all other remedies available at law or in equity.
10. Export Controls. Purchaser acknowledges that the Products and related technology are subject to U.S. export controls and economic sanctions, including the Export Administration
Regulations ("EAR") and regulations promulgated by the U.S. Department of the Treasury Office of Foreign Assets Control. Purchaser further acknowledges that the reexport of the Products and/or related technology to a third country or retransfer to an unapproved end user may require a license or other authorization from the Government of the United States. Such licenses or other authorizations may impose further restrictions on the reexport or retransfer of the Products and/or related technology. U.S. law also restricts the reexport or retransfer of U.S.-origin goods, technology, or services to countries or persons subject to U.S. sanctions or embargoes. Purchaser agrees to comply with all applicable U.S. export control and economic sanctions laws and regulations. It is the sole responsibility of the Purchaser to apply for and obtain any necessary licenses or other authorizations prior to any reexport or retransfer of the Products and/or related technology. CCC makes no warranty that any such licenses or other authorizations will be granted, and shall have no liability for Purchaser's inability to obtain such licenses or other authorization or for any violation by Purchaser of any applicable export control and/or economic sanctions laws and regulations. Purchaser will indemnify CCC and hold it harmless from any liability resulting from Purchaser's violation of this provision or applicable export laws or regulations. Notwithstanding any other provision in this contract, CCC shall have the right to terminate this contract immediately upon the determination by CCC, in CCC's sole discretion. that Purchaser has breached, intends to breach. or insists upon breaching any of the provisions in the above clauses.
11. Confidentiality. Other than in the performance of the terms of the contract, neither party or its agents. employees. or subcontractors shall use or disclose to any person or entity any
confidential information (identified as such by the disclosing party) of the other party (whether written. oral. electronic or other form) that is obtained or otherwise prepared or discovered either in the performance of its obligations hereunder. through access to the other party's assets. property. systems of whatever kind. or while on the other party's premises. Purchaser agrees that all pricing. discounts, design drawings and technical information that CCC provides to Purchaser are the confidential and proprietary information of CCC. whether or not otherwise identified as such. Each party warrants and represents that each employee. agent or subcontractor who performs work in connection herewith has been informed of the obligations contained herein and has agreed to be bound by them. The obligations under this section continue perpetually and survive the termination or expiration of any underlying agreement between the parties. The provisions of this section relating to use and disclosure shall not apply to any information that: (a) is or becomes generally available to the public other than as a result of a disclosure by the receiving party under this contract; (b) becomes available to the receiving party from a source other than the disclosing party without breach of any obligation of confidentiality; (c) was independently developed by the receiving party without violation of the disclosing party's rights and without reference to the confidential information, as evidenced by written records. maintained in the ordinary course of business by the receiving party; (d) is used or disclosed with the prior written approval of the disclosing party: (e) is information previously known to the receiving party as evidenced by written records maintained by the receiving party in the ordinary course of business, and not otherwise subject to any confidentiality restrictions; or (f) the receiving party becomes legally compelled (by oral questions, interrogatories. requests for information or documents. subpoenas, investigative demands or similar process) to disclose. If the receiving party becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoenas, investigative demands or similar process) to disclose any of the confidential information. the receiving party shall provide the disclosing party with prompt written notice so that the disclosing party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this contract. If such protective order or other remedy is not obtained, or if the disclosing party waives compliance with the provisions of this contract, the receiving party shall furnish only that portion of the confidential information which the receiving party is legally required to disclose and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment shall be accorded the confidential information.
12. Assignment. Neither party may assign this contract, including without limitation any of its rights or obligations hereunder, without the express written consent of the other party hereto;
provided that CCC may assign this contract, including without limitation any of its rights or obligations hereunder, to any of its parents, subsidiaries or affiliates without Purchaser's consent.
13. Governing Law. This contract will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regards to its conflict of law
principals. The parties hereto agree to the exclusive jurisdiction of any state court situated in Allegheny County, Pennsylvania or in any Federal court situated in the Western District of Pennsylvania.
14. Definitions. Terms used in this contract that are defined by the Uniform Commercial Code of the Commonwealth of Pennsylvania shall have the meanings contained therein.
Staff Report
September 7, 2022
ATTACHMENT 2
Calgon Sole Source Letter
Monterey Park August 31, 2022
Water Dept.
320 W. Newmark Ave
Monterey Park, CA 91754
Re: Sole Source Justification for Calgon Carbon’s Filtrasorb Product Dear Ms Ho:
This letter serves to clarify the unique characteristics and market standing of Calgon Carbon’s Filtrasorb F400 granular activated carbon (GAC) product and Calgon Carbon’s manufacturing and service capabilities.
Filtrasorb 400 originates from metallurgical grade bituminous coal mined in the United States of America. The raw coal is subsequently manufactured into GAC via reagglomeration and thermal activation processes, again in the United States. The consistent performance and physical properties of Filtrasorb 400 are directly attributable to the consistent physical properties of the raw materials and performance of the manufacturing processes.
The unique mixture of raw materials and manufacturing approaches influence the properties of the final GAC product. The density, abrasion, ash, and adsorption characteristics for Filtrasorb 400 are unique to this product and are all dictated by the specific combination of raw materials and process conditions.
Calgon Carbon assures the availability of Filtrasorb 400 GAC by operating four (4) different production lines at two (2) different manufacturing facilities in the United States, with a fifth (5 th) line scheduled to be in
production by early 2023. No other domestic manufacturer has multiple production lines or multiple manufacturing facilities with which to assure customers of uninterrupted supply should a problem occur on a production line.
To obtain a product that delivers the consistent, high-level performance of Filtrasorb 400, you must specify and purchase Filtrasorb 400. Calgon Carbon Corporation is the sole manufacturer and supplier of this specific material.
Calgon Carbon employs its own team of field service professionals located in hubs across the United States to perform carbon exchanges. This team is well trained in activated carbon and is intimately familiar with all aspects of performing GAC exchanges. Calgon Carbon is the only domestic manufacturer of bituminous reagglomerated GAC that also employs its own team of field service supervisors and technicians.
Sincerely,
Tim Brekke