Monterey Park City Council
December 7, 2022

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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.

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 twenty- five dollars ($25.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to fifty dollars ($50.00) 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 an additional 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 – SPECIAL ASSIGNMENT PAY

A. Special Assignments

The City agrees to pay two hundred ($200.00) per month as special assignment pay for employees regularly assigned to the positions of:

Police Lieutenant: Administration, Investigations, Operational Support

Police Sergeant: Technical Services, Traffic Bureau, Detective, and Training/Community Relations

B. Duration of Special Assignments

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

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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.

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.

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 admini strative or civil challenge or appeal.

C. 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 12 months from the last date of service in the specialty assignment.

D. 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.

E. All affected employees participating in a special assignment, shall be subject to the removal/appeal policies and procedures set forth below in subsection 6.

F. Removal from Special Assignment

Appeal procedures for employees removed from specialty assignments after twelve months or more of receiving the assignment:

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

35 10298748.1 MO110-173
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 MPPOMMA 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.

1. 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’ Mid-Management Association.

This procedure shall not apply to disciplinary actions for which officers already are entitled to receive an appeal hearing pursuant to either the Grievance Article or Special Assignment Pay Article 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 appeal hearing und er either Grievance Article or Special Assignment Pay Article 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

36 10298748.1 MO110-173
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. Unit members 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 a unit member of written notification of punitive action, the Lieutenant or Sergeant shall notify the Chief of Police in writing of the 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.

e. Conduct of Hearing

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1. For the purposes of this specific hearing regarding the proposed removal of a unit member 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 employee 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.

ARTICLE 29 - SALARIES AND WAGES

Beginning with the first day of the pay period in which the MPPOMMA membership ratifies the tentative agreement setting forth the changes in this MOU, but no more than two (2) pay periods preceding ratification of the MOU by the City Council, the salary ranges for all classifications in this bargaining unit shall be increased by 6.0%.

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Essential Worker Premium Pay under ARPA: The City will make a one-time non-PERSable payment of $8,000 per employee who was employed in a sworn classification with the City of Monterey Park prior to March 31, 2021 and is 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 Lieutenant and Police Sergeant 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. The longevity payment will increase to three-hundred fifty dollars ($350) per month upon completion of twenty-five (25) years of continuous service.

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)(1).

Acting Pay: Unit members assigned by the Police Chief, or his/her designee to perform the duties of a higher level rank shall be compensated with acting pay as $50 a day extra pay for no more than $200 in a twenty-eight day scheduling period.

PERFORMANCE EVALUATIONS: 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 30 - 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.

ARTICLE 31 - 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;

39 10298748.1 MO110-173

4. Effective August 18, 2001, “3% @ 55” formula Retirement Plan.

5. Effective November 1, 2003, Military Service Credit as Public Service

B. A ll employees who are classic members under the Public Employees Retirement Law shall pay 9% of compensation earnable as the employee contribution to CalPERS.

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 r eciprocal 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. New members contribute one-half of the total normal cost of their retirement benefits as determined annually by CalPERS. In 2016, that contribution is 12%.

E. Cost-Sharing
Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2019 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) 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.

‘New Member’ Employees:

“New Member” employees pay their one-half the total normal cost as determined by CalPERS. As of July 1, 2019, that contribution is 12.25%. Effective the payroll period following the CalPERS contract amendment approval, “new members” will contribute .5% cost sharing pursuant to Government Code section 20516(a) in addition to their one-half of the total normal cost as determined by CalPERS. In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction.

For example, if the required PEPRA contribution is 12.25%, then “new members” will contribute 12.25% (1/2 the normal cost) and .5% as cost-sharing, for a total employee contribution of 12.75%.

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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. 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.

ARTICLE 32 - MEDICAL EXAMINATION

A medical examination of any employee may be required by the City when job related and consistent with business necessity and will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.

ARTICLE 33 - DEFERRED COMPENSATION PLAN

A deferred compensation plan will be available to all members of the Police Officers Mid - Management Association. Participation in this deferred compensation plan is at the option of the individual employee.

A. One-Time Deferred Compensation Special 457 Catch-up Provision:

(One-Time is defined by law as an election to “catch -up” underutilized deferrals to a 457 plan, once in a singular year or multiple years, not to exceed 3 years) Federal Law allows 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. Normal retirement age for “classic” safety members of PERS is fifty -five (55) years old and fifty-seven (57) years old for “new” members of PERS. All 457 plans of an employer must have the same normal retirement age (NRA). For purposes of the deferred compensation special 457 catch-up provision for the City of Monterey Park, the normal retirement age range shall be considered 51 thru 62 years old.

The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement date in converting the hourly rate of accrued compensable leave to monies into their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations/Federal Law. 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

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account). In the final three (3) years prior to an employee’s stated retirement date he/she may convert the hourly rate of accrued compensable leave to monies into be included in their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations and the schedule outlined below:

3-year Catch-up Plan
1st year: no more than 30% 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 45% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 60% 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 34 - EMPLOYEE SAFETY COMMITTEE

A committee of three MPPOMMA members is to be e stablished. 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 35 – PROBATIONARY PERIOD

All original and promotional appointments to the competitive service shall be tentative and subject to the following probationary periods: twelve months for promotional and lateral appointments to the positions of Police Sergeant and Police Lieutenant.

ARTICLE 36 - WRITTEN NOTICES TO POMMA

Reasonable w ritten notice will be given to MPPOMMA 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 a MPPOMMA, 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.

MPPOMMA 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

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to deliver to the City Manager a written request for a meeting.

ARTICLE 37 - 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 MPPOMMA 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.

D. Nothing contained in the MOU shall act as a waiver of any rights an individual may have under the workers' compensation law.

ARTICLE 38 - 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 39 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2018 and ending June 30, 2022 and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary he rein, 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, th e MOU shall automatically renew for an additional year without any change whatsoever.

ARTICLE 40 - CITY COUNCIL APPROVAL

It is however, the mutual understanding of all parties hereto that this Memorandum of Understanding is of no force or affect whatsoever unless or until ratified and approved by minute action duly adopted by the City Council of the City of Monterey Park.

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IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 7
th day of December 2022.

MONTEREY PARK POLICE OFFICERS’

MID-MANAGEMENT ASSOCIATION CITY OF MONTEREY PARK
By:

By:

Paul Yniguez, President Monterey Park
Police Officers’ Mid-Management
Association
Ron Bow, City Manager
By: By:

Gustavo Jimenez, Vice-President Monterey
Park Police Officers’ Mid-Management
Association
Inez Alvarez, Assistant City Manager

By:

Martha Garcia, Director of Finance

By:

Christine Tomikawa, Director of Human
Resources and Risk Management

APPROVED BY:

Karl H. Berger, City Attorney

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ADDENDUM A

CITY OF MONTEREY PARK

CLASSIFICATION AND BASE SALARY LIST

POLICE OFFICERS' MID-MANAGEMENT ASSOCIATION MOU

Effective January 1, 2022
2021-2022 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Sergeant 3 8,816 9,257 9,719 10,205 10,715 Police Lieutenant 4 10,735 11,272 11,835 12,426 13,048

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2022-2023 SALARY TABLE

Effective Beginning with the first day of the pay period in which MPPOMMA membership ratifies the tentative agreement setting forth the changes in the MOU, but no more than two (2) pay periods preceding ratification of this MOU by the City Council Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Sergeant 3 $9,345 $9,812 $10,302 $10,817 $11,358 Police Lieutenant 4 $11,379 $11,948 $12,545 $13,172 $13,831

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ADDENDUM B
City of Monterey Park

INTEROFFICE MEMO

DATE: 6/12/2012

TO: All Police Department Staff

FROM: Jim Smith, Chief of Police

SUBJECT: Patrol Sergeant/Lieutenant Overtime Call Out Procedure

The following shall be the overtime call out procedure for replacement of Patrol Sergeants/Lieutenants assigned to Patrol as Watch Commanders or Field Supervisors when a vacancy occurs due to a non- planned event. For purposes of this memo, a “non-planned event” is considered a sick call out or other emergency.

Watch Commander

If a Sergeant/Lieutenant is unavailable for duty as the Watch Commander due to a non- planned event the initial attempt will be to fill the vacancy with on-duty supervisory personnel (Sergeant or Lieutenant) assigned to a special assignment (D.B., Traffic, Admin, etc.). If no special assignment supervisors are on -duty or if they are unavailable, then a replacement will be assigned on an overtime basis. The replacement will be at the rank of the person whose non-planned absence created the vacancy. Initially, Patrol, rank- equivalent personnel, should be contacted on an availability/seniority basis. If none are available, then special assignment, rank-equivalent, personnel should be contacted on a seniority basis. If a rank equivalent is not available, then the replacement may be the next lower rank starting with Patrol personnel by availability/seniority order and if none are available, to special assignment personnel on a seniority basis.

The following are examples:

Example #1: A Lieutenant and Sergeant are assigned to a Patrol Team. The Lieutenant is off due to a planned event (Vacation, Holiday, Training, etc.). The Sergeant is ill and calls in sick (unplanned event) . If there is an on-duty supervisor assigned to a special assignment available, that person will be assigned as the Watch Commander. If there is not, then overtime will be used to fill the vacancy of the Sergeant. Sergeants assigned to Patrol will initially be contacted on an availability/seniority basis, until a replacement is found. If no replacement is found, then Sergeants assigned to a special assignment will be contacted on a seniority basis until a replacement is found. If no Sergeants are available, Lieutenants assigned to Patrol will be contacted on an availability/seniority basis will be contacted. If no one is available, Lieutenants assigned to special assignments will be contacted on a seniority basis.

Example #2: Same scenario as above, but the reasons for being off are reversed (Sergeant on vacation, Lieutenant calls in sick). The procedure above would be the same with the exception that the calls for overtime would start with the Lieutenants then work down to the Sergeants if no Lieutenants (Patrol or special assignment) are available for the overtime.

In any situation where the vacancy is in the Watch Commander’s position and no Sergeant/Lieutenant desires the overtime, then the Sergeant with the least amount of seniority (regardless of assignment) will be required to work the overtime.

Field Supervisor

If a Sergeant scheduled as the field supervisor has an unplanned absence, then they will be replaced by an Agent that is assigned and scheduled to work that shift. If this leaves the staffing level below minimum, then on-duty special assignment personnel will be used to either maintain minimum patrol staffing or to replace the supervisor (Agent or

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Sergeant). If there are no special assignment personnel available, then an O fficer will be called in to maintain minimum staffing. If there is no Agent scheduled or if no special assignment Agent or Sergeant is available, then overtime will be used to replace the field supervisor. Call outs for this scenario will begin with Serg eants assigned to Patrol and then those assigned to special assignments. If no one is available to work overtime, then Agents will be called starting with those assigned to Patrol on a seniority basis.

If an Agent is scheduled as a field supervisor due to a Sergeant/Lieutenant being on a planned event, and the Agent calls in sick the same procedure as outlined in Example 2 will be followed. If overtime is necessary, the call out procedure will begin with the Agent level and if no Agent is available then Sergeants will be called to fill the vacancy based on seniority starting with those assigned to Patrol then to those assigned to special assignments.

If you have any questions regarding this, please contact me.

Staff Report
December 7, 2022

ATTACHMENT 3
Proposed MOU Resolution

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’ MID-MANAGEMENT ASSOCIATION.

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Police Officers’ Mid-Management Association (“MPPOMMA”) met and conferred regarding wages, 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 MPPOMMA 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:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

City Council Staff Report
+
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management SUBJECT: Resolution approving the Memorandum of Understanding between the City and the Monterey Police Captains’ Association for the term of July 1, 2022 to June 30, 2023
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Poli ce Captains’ Association (“MPPCA”). The MPPCA represents the Police Captains in the Monterey Park Police Department;

2. Authorizing budget appropriation of approximately $35,472 from the General Fund and $16,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year; and

3. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

Representatives of the City of Monterey Park (“City”) and MPPCA met and conferred to negotiate the terms and conditions of a new Memorandum of Understanding (“MOU”) regarding employment. The parties reached an agreement on an MOU effective July 1, 2022 to June 30, 2023.

BACKGROUND:

MPPCA’s current MOU term is valid from July 1, 2018 to June 30, 2022. On November 22, 2022 MPPCA’s representatives agreed to the following terms and conditions:
• One year agreement – July 1, 2022 to June 30, 2023
• Base salary increase – 6% cost of living adjustment to base salary effective retroactively two (2) pay periods preceding when the MPPCA ratified the agreement terms and after Council approval of this MOU.
• Modification to MOU language for:
o Article 11 – Irrevocable election method for all discretionary leave cash out(s) o Article 30 – increase percentage of compensable accrual time allowed to use toward deferred compensation plan 3-year catch-up plan (employee contribution).

Consent Calendar - 3D

Staff Report

December 7, 2022
• Essential Worker Premium Pay – non-PERSable lump sum of $8,000 per employee covered by the MPPCA MOU, who was employed in a sworn classification by the City of Monterey Park prior to
March 31, 2021 and is employed in this unit on the
date of distribution. To be distributed with the first payroll distribution after Council adoption of this MOU.

FISCAL IMPACT:

The total cost of the MOU is estimated at a total of $51,472. An Authorized budget appropriation of approximately $35,472 from the General Fund and $16,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year is required.

Respectfully submitted by: Review by:

Christine Tomikawa
Director of Human Resources and
Risk Management
Martha Garcia
Director of Management Services
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:

1. Monterey Park Police Captains’ Association MOU – redline version

2. Monterey Park Police Captains’ Association MOU – clean version

3. Proposed MOU Resolution

Staff Report
December 7, 2022

ATTACHMENT 1
Monterey Park Police Captains Association
Memorandum of Understanding – Redline version

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MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK POLICE CAPTAINS’ ASSOCIATION

FOURONE-YEAR AGREEMENT: 07/01/202218 – 06/30/20232

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TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK POLICE CAPTAINS’ ASSOCIATION

FOUR ONE YEAR AGREEMENT 07/01/202218 – 06/30/20232

PREAMBLE 1
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING ............................. 1 ARTICLE 2 - RECOGNITION ............................................................................................. 1 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS .................................................. 1 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ....................... 2 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND
OPERATIONS ................................................................................................ 2 ARTICLE 7 - GRIEVANCE PROCEDURE ......................................................................... 3 ARTICLE 8 - ADMINISTRATIVE LEAVE ........................................................................ 7 ARTICLE 9 - VACATION .................................................................................................... 7 ARTICLE 10 - HOLIDAY SCHEDULE .............................................................................. 8 ARTICLE 11 - ACCRUAL CASH-OUT .............................................................................. 9 ARTICLE 12 - SICK LEAVE ........................................................................................... 109 ARTICLE 13 - BEREAVEMENT LEAVE ..................................................................... 1211 ARTICLE 14 - MILITARY LEAVE ............................................................................... 1211 ARTICLE 15 - JURY DUTY .......................................................................................... 1211 ARTICLE 17 - LEAVE OF ABSENCE WITHOUT PAY ................................................. 12 ARTICLE 18 - FMLA/CFRA COMPLIANCE ................................................................... 13 ARTICLE 19 - INDUSTRIAL INJURY AND ILLNESS LEAVE................................. 1413 ARTICLE 21 - UNIFORM ALLOWANCE .................................................................... 1615

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ARTICLE 22 - MEDICAL INSURANCE ...................................................................... 1615 ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT..................................................................................... 1817 ARTICLE 24 - LIFE INSURANCE PLANS .................................................................. 1817 ARTICLE 25 - EDUCATIONAL INCENTIVE PAY..................................................... 1817 ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ......... 1918 ARTICLE 27 - SALARIES AND WAGES .................................................................... 2019 ARTICLE 28 - RETIREMENT ....................................................................................... 2120 ARTICLE 29 - MEDICAL EXAMINATION ................................................................. 2321 ARTICLE 30 - DEFERRED COMPENSATION PLAN ................................................ 2322 ARTICLE 31 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE
ORGANIZATION ..................................................................................... 2422 ARTICLE 32 - GENERAL PROVISIONS ..................................................................... 2423 ARTICLE 33 - TERM OF MEMORANDUM OF UNDERSTANDING ....................... 2423 ARTICLE 34 - CITY COUNCIL APPROVAL .............................................................. 2523

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MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK
and
THE MONTEREY PARK POLICE CAPTAINS’
FOUR ONEYEAR -AGREEMENT 07/01/202218 - 06/30/20232

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 Captains’ Association, hereinafter referred to as "MPPCA” 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 MPPCA as the Recognized Employee Organization as the representative for Police Captains’ 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 Captain.

C. This MOU 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.

B. Notwithstanding the above, the City hereby agrees to Meet and Confer with the MPPCA on any changes regarding hours, work schedules, salaries, or working conditions. The City agrees to adhere to the job specifications established for each classification.

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ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES

A. All Police Captains shall have the right to join the Police Captains’ Association, or to refuse or refrain from joining said organization.

B. Police Captains may select up to two (2) 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 the Police Chief.

2. That any such meeting is subject to scheduling by the Police Chief 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 all dues and/or initiation fees deducted from the employees for any month, the first of the succeeding month.

E. The MPPCA 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 sections regarding dues deduction.

F. The MPPCA 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 POA sponsored training programs, seminars, and conferences, subject to prior City approval.

ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS

A. MPPCA – Police Captains hereby agree that during the term of this MOU, Police Captains 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 Police Captain participates in any of the prohibited activities stated above, the Chief shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.

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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

1. A "grievance" is a formal written or oral allegation by a Police Captain who has 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 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.

5. Disputes regarding jurisdiction (grievability of an issue) shall not be subject to resolution by the grievance procedure and instead, are subject to resolution by an arbitrator.

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 untimely sustained only then may the employee not comply with the 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. 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

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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 MPPCA, as long as the resolution is reached prior to the hearing and the resolution is not inconsistent with the terms of this MOU. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the MPPCA which may include the attorney of MPPCA.

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 Department 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

a. Any Captain who believes he/she has a grievance which is within the scope of the grievance procedure of this MOU shall present the grievance orally to the Police Chief 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 Police Chief shall hold discussions and attempt to resolve the matter within ten (10) days 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 Police Chief.

2. Level II - Formal Written Grievance

a. If the grievance is not settled 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 of the Police Chief.

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 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.

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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 and wishes to appeal the disciplinary decision of the City Manager, the grievant /employee may within ten (10) days of the receipt of the decision submit a request in writing for an administrative hearing of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the grievant shall inform the City, in writing, of its request to have an administrative hearing. The grievant 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 grievant 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 shall be determined by flipping a coin.

b. If either the City or the grievant 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 final and binding. The Hearing Officer's decision shall be the final administrative 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 grievant agree that the jurisdiction and authority of the Hearing Officer so selected and the opinions the Hearing Officer expresses will be confined

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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 the MPPCA. 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 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.

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“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.

ARTICLE 8 - ADMINISTRATIVE LEAVE

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. Police Captains shall remain exempt from overtime.

C. Administrative leave shall be given to Police Captains designated by the Police Chief as qualified to receive administrative leave.

D. Administrative leave shall be granted by the Police Chief utilizing the following criteria:

1. The Captain(s) are required or expected to attend City Council, City Commissions, or other City related functions that occur after normal business hours.

2. The Captain(s) are required to be present or on call after normal business hours.

3. The Police Chief feels the employee consistently works hours beyond the normal business hours.

4. Annually on July 1st, the employee shall receive eighty (80) hours of administrative leave.

Employees hired mid-year will receive a pro-rated amount of Administrative leave.

5. Unused Administrative Leave shall not be carried over into the next fiscal year.

E. The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Police Chief with due regard for the wishes of the employee and the needs of the service. Eligibility for this leave shall not be predicated upon first having all vacation and sick leave exhausted. Administrative leave may be utilized at any time during the fiscal year.

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

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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
* 7 + years Eight additional hours per year to a maximum of two-hundred sixty (260) hours per year.

2. Accrual Caps: Except as provided herein, no employee may accrue greater than five hundred (500) vacation hours.

Vacation hours accrued in excess of 500 hours shall be automatically cashed out as part of the regular payroll process. Said hours shall be cashed out during the pay period in which they are earned. However, in no case shall an employee be allowed to receive the automatic cash out of vacation should the vacation accrual reach five hundred (500) hours if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU or has not taken 40 hours of vacation for the year. If an employee has not cashed out as provided in Article 11 or taken forty (40) of vacation, accrual of vacation will cease once the cap is met.

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/her designee, with due regard for the wishes of the employee.

ARTICLE 10 - HOLIDAY SCHEDULE

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 Department may periodically impact the ability of an employee to utilize any or all of his/her annual holiday accrual.

Holidays are observed as follows:

CITY HALL CLOSED

Regular: New Year's Day Veteran's Day
Washington's Birthday Thanksgiving Day
Memorial Day Day After Thanksgiving Day
Independence Day Christmas Eve Day
Labor Day Christmas Day
New Year’s Eve Day

CITY HALL OPEN

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Floating: Admission's Day Columbus Day

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. Holidays have a value of ten (10) hours.

ARTICLE 11 - ACCRUAL CASH-OUT

Police Captains may elect to annually during any fiscal year, cash-out up to a total of one-hundred (100) hours of accumulated and earned vacation time or holiday time (or a combination thereof). Requests for cash-out are to be submitted in a manner prescribed by the City.

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 up to 100 hours of vacation time and holiday time (combined) that are to be accrued and remaining unused in the following calendar year. Vacation balances and/or holiday 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 in December of each year.

The payment shall be made via payroll 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:

• 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

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• 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 eight-hours (8.00) for each full calendar month (96 hours per year) 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 or, 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: 1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health and safety or welfare of the employee or his or her child; or 2) to obtain medical attention or psychological counseling; services from s shelter, program or crisis center; or participate in safety planning or other actions to increase safety.

For full-time employees, one-half of the employees’ 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 time can be used for family sick leave purposes.

C. On July 1, 2012, any existing sick leave balance in the employee’s MOU Section 12 account shall be placed in a separate leave bank 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 below as being in MOU Section 12G. 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. For example if an employee had 1,000 hours of sick leave in this account and retired from service, the employee would be provided 50% cash out upon service retirement. Accordingly, the employee has the option of utilizing the following newly created 800 hour sick leave account before utilizing this frozen account.

Sick leave earned by Police Captains shall be deposited into a sick leave account which shall be capped at a maximum of 800 hours. Upon having 800 hours in the sick leave account there shall be no further accrual of sick leave unless or until use results in a balance of less than 800 hours.

D. Employees, who retire from the city with more than 10 total years of city service, beginning from the date of employment, shall be eligible to cash out sick leave in the sick leave account at the rate

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of 18 hours, at regular rate of pay, for each one full year (12 months) of city service.

E. 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 schedule.

F. 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 retirements, it is the rule 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 retirement 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 exhaust all accrued leave during the period of continued disability. 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 accrued but unused sick leave, 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 any eligible sick leave cash-out schedule contained in this Article 12.

Further, said employee shall then be paid the cash value of accumulated vacation and holiday. Said payment shall be paid in one lump sum with the employees’ final paycheck.

G. 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 1 st of each year and shall be submitted in a manner prescribed by the City.

H. Starting in December of 2019 and the first payroll date following December 1 st of each year, each member may elect to cash out sick time annually at 75% value (e.g., 96 hours cash-out = 72 hours pay) Upon accumulation of sick leave hours above the identified levels below, an employee may elect to cash-out accumulated sick leave hours, as long as the employee’s account contains the indicated amount after the cash out. Requests for cash-out will be processed and shall be submitted in a manner prescribed by the City.

2019-2020 Fiscal Year
Cash Out Hours: 110 Minimum Sick Hours Maintained: 470

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2020-2021 Fiscal Year
Cash Out Hours: 125 Minimum Sick Hours Maintained: 440

2021-2022 Fiscal Year
Cash Out Hours: 140 Minimum Sick Hours Maintained: 410

I. Members may elect to cash out less hours then the maximum allowed.

J. The number of minimum sick hours to be maintained can be the number of hours in either Bank #1, Bank #2 or a combination of the hours in both Bank #1 and Bank #2.

K. Members may elect which Sick Bank they wish to cash out hours from.

L. When a member calls in sick for duty, he/she will complete the city’s employee absent form and may elect which bank (Bank 1 or Bank 2) he/she wishes to have his sick time come from. If no sick bank is elected his/her sick time will automatically come from Bank 2.

ARTICLE 13 - BEREAVEMENT LEAVE

Each regular employee may be granted bereavement leave at the discretion of the Chief of Police 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. Shifts of Bereavement Leave are to be charged to an account separate from the employee’s sick leave account.

Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father-in-law, mother, mother-in-law, child, son-in-law, daughter-in-law, stepchild, grandparents, grandchildren, brother(s) brother-in-law, sister(s) or sister-in-law 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

An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall, each fiscal year, continue to receive full salary and benefits for all shifts the employee is regularly scheduled to work which occur for the ten calendar days from and including the first day the employee is required to report for jury service and is engaged in such activities.

Compensation shall extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or more days in duration.

ARTICLE 17 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.

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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 Police Chief 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.

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 and holiday. 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. 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/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 178 - FMLA/CFRA COMPLIANCE

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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 of 1993, then such provision is null and void.

ARTICLE 189 - 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 1920 - 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. "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 Police Chief 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 Police Chief 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

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;

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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 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 in a rolling twelve-month period. 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.

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.

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ARTICLE 201 - UNIFORM ALLOWANCE

The uniform allowance shall be seven hundred and twenty-five dollars ($725.00) per year. The parties agree that this is special compensation and shall be reported as such to CalPERS for “classic members” to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5).

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 second payroll in June.

ARTICLE 212 - MEDICAL 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.

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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.

d. Actuarial Study

The City will authorize the payment for and preparation of an actuarial study of the projected cost of MPPCA’s proposal during negotiations for the 2022-2023 MOU.

The City commits to presenting the actuary’s report to MPPCA and to further consider MPPCA’s proposal during the negotiations for a successor MOU to the 2022-2023 MOU.

C. Dental Insurance

The City will contribute up to ninety-five ($95) per month. 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. Effective the pay period following June 30, 2017, the contribution toward vision will increase to thirty ($30) per month. 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.

Effective January 1, 2020 the City’s contribution to the Cafeteria plan for active employees will increase by seventy-five dollars ($75) per month for a total monthly contribution of one thousand three hundred seventy-five dollars ($1,375) per month. Effective the beginning of the pay period following January 1, 2021, the City’s contribution to the

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Cafeteria plan for active employees will increase by seventy-five dollars ($75) per month for a total monthly contribution of one thousand four hundred and fifty dollars ($1,450).

Effective the beginning of the pay period following January 1, 2022, the City’s contribution to the Cafeteria plan for active employees will increase by twenty-five dollars ($25) per month for a total monthly contribution of one thousand four hundred and seventy dollars ($1,475).

The City’s contribution will include the PEMHCA MEC ($125 per month for 2016) 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) 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 certify that he/she has medical insurance coverage in a plan that provides minimum essential coverage under the Affordable Care Act.

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 223 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT

Effective January 1, 2018, the City will offer a voluntary medical and dependent care flexible spending account to employees. The City will pay the administrative fee for the plans and the employee will be responsible for individual account fees.

ARTICLE 234 – RETIREE HEALTHCARE TRUST

A. Effective following July 1, 2020, the city shall establish a Retiree Healthcare Trust (RHT) and full- time Unit member will be eligible to self fund contributions towards it.

ARTICLE 245 - LIFE INSURANCE PLANS

A. Life Insurance - The amount of life insurance provided to Police Captains shall be $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 256 - EDUCATIONAL INCENTIVE PAY

The City agrees to maintain an Educational Incentive Pay Plan, which provides additional compensation as follows:

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A. $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.

B. $325.00 additional compensation per month for an employee with a Master'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.

C. The City agrees to pay $300.00 compensation per month for a Supervisorial POST Certificate or $375 compensation per month for a Management POST Certificate, for an employee who does not otherwise qualify for the educational incentive pay as provided for in this article. The above amounts shall not be cumulative and in no case shall the total additional monthly compensation under Article 25 exceed $550 per month as per Article 25D.

D. If an employee possesses any combination of both a Bachelor’s/Masters Degree’s and a Supervisorial/Management POST Certificate, they will be compensated a maximum of $550 a month. In no case shall the total additional monthly compensation under Article 25 exceed $550 per month.

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)(2) – Educational Incentive Pay.

ARTICLE 267 - 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.

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.

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An employee will be reimbursed up to twenty-five dollars ($25.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to fifty dollars ($50.00) 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 278 - SALARIES AND WAGES

A. Effective the beginning of the pay period following the Council’s approval of this MOU, members of this unit will each receive a one-time cash payment of four-thousand two hundred dollars ($4,200).

Effective the beginning of the pay period following City Council approval of the MOU, the salary range for Police Captain will be increased by 1% and shall be retroactive to the first payroll cycle after December 29, 2018.

Effective the pay period following 30 days after the second reading of a City Council ordinance approving the revised CalPERS Contract for Cost Sharing and members pick up an additional 3% retirement contribution as cost sharing, the salary range for Police Captain will be increased by 3%.

Effective the beginning of the pay period following January 1, 2020, the salary range for Police Police Captain will be increased by 2.5%.

Effective the beginning of the pay period following January 1, 2021, the salary range for Police Police Captain will be increased by 2.7%.

Effective the beginning of the pay period following January 1, 2022, the salary range for Police Police Captain will be increased by 3.5%.

Beginning with the first day of the pay period in which the MPPOMMA membership ratifies the tentative agreement setting forth the changes in this MOU, but no more than two (2) pay periods preceding ratification of the MOU by the City Council, the salary ranges for all classifications in this bargaining unit shall be increased by 6.0%.

Essential Worker Premium Pay under ARPA: The City will make a one-time non-PERSable payment of $8,000 per employee who was employed in a sworn classification in this bargaining unitwith the City of Monterey Park 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.

B.A. Longevity Pay –The City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service. The longevity payment will increase to three-hundred fifty dollars ($350) per month upon completion of twenty-five (25) years of continuous service.

C.B. Salary Range Advancement

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Advancement within the 5-step salary range shall be subject to the terms and conditions as set forth herein:

1. Except as modified herein, all other existing rules governing salaries step increases and performance ratings shall remain as provided for in Municipal Code Section 2.36.050 - Step Increase and 2.36.060 - Performance rating system for employees.

2. Municipal Code Section 2.36.050 (6), Step Increase, based upon prior practices, shall be interpreted as follows: Any employee receiving an unsatisfactory rating report under the performance rating system set forth in Section 2.36.060 shall be rated once each calendar month thereafter. The receipt by any employee of three consecutive unsatisfactory performance ratings shall be grounds for disciplinary action up to and including dismissal.

3. Advancement between steps may occur at intervals of no less than one year. No multiple step increases may be granted.

4. Performance evaluations and consideration of merit adjustments shall be due annually on the employee's anniversary of the probationary appointment to his/her position classification. Any employee on a leave of absence (paid or unpaid) for more than 30 days in a rating period shall have their annual review date adjusted accordingly. 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.

5. Recommendations for step increases or denial of step increases must be accompanied by a performance evaluation to substantiate performance. An Employee Appraisal and Development Report shall be completed and forwarded to the Human Resources Department prior to any department approved increase being processed for payment. In order for employees to receive increases in a timely manner, the Report should be received by the Human Resources Department by the beginning of the pay period in which the increase is due.

6. Nothing in this Article shall prevent the Chief of Police from exercising management rights to suspend, reduce, demote, layoff, or terminate for cause an employee in accordance with City Personnel Rule XIII - Changes in Employment Status, or Rule XIV - Separation from the Service, or Rule XV - Disciplinary Proceedings.

ARTICLE 289- RETIREMENT

A. Retirement Benefits - Retirement Benefits as provided in contract, dated November 1, 1952, with

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the Public Employees' Retirement System and as follows:

1. Effective July 1, 1995, PERS "2% @ 50" formula Retirement Plan;

2. Effective June 24, 1989, "Single Highest Year" option;

3. Effective March 20, 1976, "Post Retirement Survivor" option;

4. Effective May 8, 1999, "1959 Survivor's Benefit" - Level 4;

5. Effective August 18, 2001, “3% @ 55” formula Retirement Plan;

6. Effective November 1, 2003, Military Service Credit as Public Service.

B. All employees who are classic members under the Public Employees’ Retirement Law shall pay 9% of compensation earnable as the employee contribution to CalPERS.

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. New members contribute one-half of the total normal cost of their retirement benefits as determined by CalPERS. In 2016, that contribution is 12%.

E. Cost-Sharing
Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2019 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) 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.

‘New Member’ Employees:

“New Member” employees pay their one-half the total normal cost as determined by CalPERS. As of July 1, 2019, that contribution is 12.25%. Effective the payroll period following the CalPERS contract amendment approval, “new members” will contribute .5% cost sharing pursuant to Government Code section 20516(a) in addition to their one-half of the total normal cost as determined by CalPERS. In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction.

For example, if the required PEPRA contribution is 12.25%, then “new members” will contribute 12.25% (1/2 the normal cost) and .5% as cost-sharing, for a total employee contribution of 12.75%.

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

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contributions toward retirement. The parties agree to complete the contract amendment process. 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.

ARTICLE 3290 - MEDICAL EXAMINATION

A medical examination 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 powers of a peace officer as permitted by Government Code 1031(f). The exam will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.

ARTICLE 301 - DEFERRED COMPENSATION PLAN

A deferred compensation plan will be available to all members of the Police Officers Association/Captains’ Unit. Participation in this deferred compensation plan is at the option of the individual employee.

A. One-Time Deferred Compensation Special 457 Catch-up Provision:

(One-Time is defined by law as an election to “catch-up” underutilized deferrals to a 457 plan, once in a singular year or multiple years, not to exceed 3 years) Federal Law allows 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. Normal retirement age for “classic” safety members of PERS is fifty-five (55) years old and fifty-seven (57) years old for “new” members of PERS. All 457 plans of an employer must have the same normal retirement age (NRA). For purposes of the deferred compensation special 457 catch-up provision for the City of Monterey Park, the normal retirement age range shall be considered 51 thru 62 years old.

The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement date in converting the hourly rate of accrued compensable leave to monies into their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations/Federal Law. 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 date he/she may convert the hourly rate of accrued compensable leave to monies into be included in their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations and the schedule outlined below:

3-year Catch-up Plan:

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1st year: no more than 30%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 45%35% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 60%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 312 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION

Reasonable written notice will be given to the Police Captains 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 the Police Captains, 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 Police Captains 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 323 - 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 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 Recognized Employee Organization or based on any protected class.

C. The parties 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.

Nothing contained in the MOU shall act as a waiver of any rights an individual may have under the workers' compensation law.

ARTICLE 334 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2018 and ending June 30, 2022 and shall continue in effect from year to year thereafter unless or until terminated.

10298790.1 MO110-174 10298790.1 MO110-174 25

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 345 - CITY COUNCIL APPROVAL

It is however, the mutual understanding of all parties hereto that this Memorandum of Understanding (MOU) is of no force or affect whatsoever unless or until ratified and approved by minute action duly adopted by the City Council of the City of Monterey Park. The “date of implementation” shall be the date this MOU is approved by the City Council.

IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 2nd __day of December October 2019_, 2022.

MONTEREY PARK POLICE CITY OF MONTEREY PARK
CAPTAINS’ UNIT

By: _____________________________ By: ________________________________ Steven Coday, Captain Ron Bow
Monterey Park Police Department City Manager

MONTEREY PARK POLICE CAPTAINS UNIT CITY OF MONTEREY PARK By: By:

Eric Kim, Captain
Monterey Park Police Department
Ron Bow, City Manager

By:

Inez Alvarez, Assistant City Manager

By:

Martha Garcia, Director of Finance

By:

Christine Tomikawa, Director of Human
Resources and Risk Management

By:_____________________________ By: _________________________________ Kelly Gordon, Captain Thomas J. Cody, Director
Monterey Park Police Department Human Resources & Risk Management

10298790.1 MO110-174 10298790.1 MO110-174 26

APPROVED BY:

Karl H. Berger, City Attorney

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ADDENDUM A

City of Monterey Park
Police Captains’ Unit

1.0% Retro Effective December 29, 2018

2018-19 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 11,589 12,176 12,793 13,440 14,112

2.5% Increase Effective January 1, 2020

2019-2020 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 11,878 12,480 13,112 13,776 14,465

3.0% PERS Effective February 1, 2020

2019-2020 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 12,235 12,854 13,506 14,189 14,898

2.7% Increase Effective January 1, 2021

2020-2021 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 12,565 13,201 13,871 14,572 15,301

3.5% Effective January 1, 2022

2021-2022 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 13,005 13,663 14,356 15,083 15,836

Effective beginning with the first day of the pay period in which MPPCA membership ratifies the tentative agreement setting forth the changes in the MOU, but no more than two (2) pay periods preceding ratification of this MOU by the City Council.

2022-2023 SALARY TABLE

10298790.1 MO110-174 10298790.1 MO110-174 28

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 $13,785 $14,483 $15,217 $15,988 $16,786

Staff Report
December 7, 2022

ATTACHMENT 2
Monterey Park Police Captains Association
Memorandum of Understanding – Clean Version

10298790.1 MO110-174

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK POLICE CAPTAINS’ ASSOCIATION

ONE-YEAR AGREEMENT: 07/01/2022 – 06/30/2023

10298790.1 MO110-174 i

TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK POLICE CAPTAINS’ ASSOCIATION

ONE YEAR AGREEMENT 07/01/2022– 06/30/2023

PREAMBLE 1
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING ............................. 1 ARTICLE 2 - RECOGNITION ............................................................................................. 1 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS .................................................. 1 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ....................... 2 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND
OPERATIONS ................................................................................................ 2 ARTICLE 7 - GRIEVANCE PROCEDURE ......................................................................... 3 ARTICLE 8 - ADMINISTRATIVE LEAVE ........................................................................ 7 ARTICLE 9 - VACATION .................................................................................................... 7 ARTICLE 10 - HOLIDAY SCHEDULE .............................................................................. 8 ARTICLE 11 - ACCRUAL CASH-OUT .............................................................................. 9 ARTICLE 12 - SICK LEAVE ............................................................................................. 10 ARTICLE 13 - BEREAVEMENT LEAVE ......................................................................... 12 ARTICLE 14 - MILITARY LEAVE ................................................................................... 12 ARTICLE 15 - JURY DUTY .............................................................................................. 12 ARTICLE 17 - LEAVE OF ABSENCE WITHOUT PAY ................................................. 12 ARTICLE 18 - FMLA/CFRA COMPLIANCE ................................................................... 13 ARTICLE 19 - INDUSTRIAL INJURY AND ILLNESS LEAVE..................................... 14 ARTICLE 21 - UNIFORM ALLOWANCE ........................................................................ 16

10298790.1 MO110-174 ii
ARTICLE 22 - MEDICAL INSURANCE .......................................................................... 16 ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT......................................................................................... 18 ARTICLE 24 - LIFE INSURANCE PLANS ...................................................................... 18 ARTICLE 25 - EDUCATIONAL INCENTIVE PAY......................................................... 18 ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ............. 19 ARTICLE 27 - SALARIES AND WAGES ........................................................................ 20 ARTICLE 28 - RETIREMENT ........................................................................................... 21 ARTICLE 29 - MEDICAL EXAMINATION ..................................................................... 22 ARTICLE 30 - DEFERRED COMPENSATION PLAN .................................................... 22 ARTICLE 31 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE
ORGANIZATION ......................................................................................... 23 ARTICLE 32 - GENERAL PROVISIONS ......................................................................... 24 ARTICLE 33 - TERM OF MEMORANDUM OF UNDERSTANDING ........................... 24 ARTICLE 34 - CITY COUNCIL APPROVAL .................................................................. 24

10298790.1 MO110-174 1

MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK
and
THE MONTEREY PARK POLICE CAPTAINS’
ONEYEAR -AGREEMENT 07/01/2022 - 06/30/2023

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 Captains’ Association, hereinafter referred to as "MPPCA” 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 MPP CA as the Recognized Employee Organization as the representative for Police Captains ’ 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 Captain.

C. This MOU 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.

B. Notwithstanding the above, the City hereby agrees to Meet and Confer with the MPP CA on any changes regarding hours, work schedules, salaries, or working conditions. The City agrees to adhere to the job specifications established for each classification.

10298790.1 MO110-174 2
ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES

A. A ll Police Captains shall have the right to join the Police Captains’ Association, or to refuse or refrain from joining said organization.

B. Police Captains may select up to two (2) 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 the Police Chief.

2. That any such meeting is subject to scheduling by the Police Chief 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 all dues and/or initiation fees deducted from the employees for any month, the first of the succeeding month.

E. The MPPCA 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 sections regarding dues deduction.

F. The MPPCA 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 ti me, 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 POA sponsored training programs, seminars, and conferences, subject to prior City approval.

ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS

A. MPPCA – Police Captains hereby agree that during the term of this MOU , Police Captains 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 Police Captain participates in any of the prohibited activities stated above, the Chief shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.

10298790.1 MO110-174 3

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

1. A "grievance" is a formal written or oral allegation by a Police Captain who has 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 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.

5. Disputes regarding jurisdiction (grievability of an issue) shall not be subject to resolution by the grievance procedure and instead, are subject to resolution by an arbitrator.

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 untimely sustained only then may the employee not comply with the 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. 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 e ntitle 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

10298790.1 MO110-174 4
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 MPPCA , as long as the resolution is reached prior to the hearing and the resolution is not inconsistent with the terms of this MOU. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the MPPCA which may include the attorney of MPPCA.

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 Department 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

a. Any Captain who believes he/she has a grievance which is within the scope of the grievance procedure of this MOU shall present the grievance orally to the Police Chief 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 Police Chief shall hold discussions and attempt to resolve the matter within te n (10) days 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 Police Chief.

2. Level II - Formal Written Grievance

a. If the grievance is not settled 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 of the Police Chief.

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 viola ted; and (c) a listing of specific actions requested of the City which will remedy the grievance.

b. The Police Chief or his 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.

10298790.1 MO110-174 5

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 and wishes to appeal the disciplinary decision of the City Manager, the grievant /employee may within ten (10) days of the receipt of the decision submit a request in writing for an administrative hearing of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the grievant shall inform the City, in writing, of its request to have an administrative hearing. The grievant 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 grievant 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 shall be determined by flipping a coin.

b. If either the City or the grievant so requests, the Hearing Officer shall be requested to hear the mer its 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 He aring 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 final and binding. The Hearing Officer's decision shall be the final administrative 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 grievant agree that the jurisdiction and authority of the Hearing Officer so selected and the opinions the Hearing Officer expresses will be confined

10298790.1 MO110-174 6
exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The Hearing Officer shall have no auth ority 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 specifica lly 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 opport unity 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 the MPPCA . 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 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 conduc t of an administrative appeal pursuant to MOU Article 7(C)(4) Level IV Administrative Hearing.

10298790.1 MO110-174 7

“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.

ARTICLE 8 - ADMINISTRATIVE LEAVE

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. Police Captains shall remain exempt from overtime.

C. Administrative leave shall be given to Police Captains designated by the Police Chief as qualified to receive administrative leave.

D. Administrative leave shall be granted by the Police Chief utilizing the following criteria:

1. The Captain(s) are required or expected to attend City Council, City Commissions, or other City related functions that occur after normal business hours.

2. The Captain(s) are required to be present or on call after normal business hours.

3. The Police Chief feels the employee consistently works hours beyond the normal business hours.

4. Annually on July 1st, the employee shall receive eighty (80) hours of administrative leave.

Employees hired mid-year will receive a pro-rated amount of Administrative leave.

5. Unused Administrative Leave shall not be carried over into the next fiscal year.

E. The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Police Chief with due regard for the wishes of the employee and the needs of the service. Eligibility for this leave shall not be predicated upon first having all vacation and sick leave exhausted. Administrative leave may be utilized at any time during the fiscal year.

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

10298790.1 MO110-174 8
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
* 7 + years Eight additional hours per year to a maximum of two-hundred sixty (260) hours per year.

2. Accrual Caps: Except as provided herei n, no employee may accrue greater than five hundred (500) vacation hours.

Vacation hours accrued in excess of 500 hours shall be automatically cashed out as part of the regular payroll process. Said hours shall be cashed out during the pay period in which they are earned. However, i n no case shall an employee be allowed to recei ve the automatic cash out of vacation should the vacation accrual reach five hundred (500) hours if the employee has not, within the fiscal year, taken advantage of the cash- out provisions of Article 11 of this MOU or has not taken 40 hours of vacation for the year. If an employee has not cashed out as provided in Article 11 or taken forty (40) of vacation, accrual of vacation will cease once the cap is met.

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 /her designee, with due regard for the wishes of the employee.

ARTICLE 10 - HOLIDAY SCHEDULE

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 r equirements of the Police Department may periodically impact the ability of an employee to utilize any or all of his/her annual holiday accrual.

Holidays are observed as follows:

CITY HALL CLOSED

Regular: New Year's Day Veteran's Day
Washington's Birthday Thanksgiving Day
Memorial Day Day After Thanksgiving Day
Independence Day Christmas Eve Day
Labor Day Christmas Day
New Year’s Eve Day

CITY HALL OPEN

10298790.1 MO110-174 9
Floating: Admission's Day Columbus Day

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. Holidays have a value of ten (10) hours.

ARTICLE 11 - ACCRUAL CASH-OUT

Police Captains may elect to annually during any fiscal year, cash- out up to a total of one-hundred (100) hours of accumulated and earned vacation time or holiday time (or a combination thereof). Requests for cash-out are to be submitted in a manner prescribed by the City.

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 up to 100 hours of vacation time and holiday time (combined) that are to be accrued and remaining unused in the following calendar year. Vacation balances and/or holiday 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 in December of each year.

The payment shall be made via payroll 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:

• 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

10298790.1 MO110-174 10
• 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 eight -hours (8.00) for each full calendar month (96 hours per year) 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 or, 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 em ployee who is a victim of domestic violence, sexual assault, or stalking to: 1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health and safety or welfare of the employee or his or her child; or 2) t o obtain medical attention or psychological counseling; services from s shelter, program or crisis center; or participate in safety planning or other actions to increase safety.

For full -time employees, one -half of the employees’ 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 time can be used for family sick leave purposes.

C. On July 1, 2012, any existing sick leave balance in the employee’s MOU Section 12 account shall be placed in a separate leave bank 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 below as being in MOU Section 12G. 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. For example if an employee had 1,000 hours of sick leave in this account and retired from service, the employee would be provided 50% cash out upon service retirement. Accordingly, the employee has the option of utilizing the following newly created 800 hour sick leave account before utilizing this frozen account.

Sick leave earned by Police Captains shall be deposited into a sick leave account which shall be capped at a maximum of 800 hours. Upon having 800 hours in the sick leave account there shall be no further accrual of sick leave unless or until use results in a balance of less than 800 hours.

D. E mployees, who retire from the city with more than 10 total years of city service, beginning from the date of employment, shall be eligible to cash out sick leave in the sick leave account at the rate

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of 18 hours, at regular rate of pay, for each one full year (12 months) of city service.

E. 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 schedule.

F. Government Code Section 21163 provides in pertinent part that the retirement of a PERS member who has been granted or i s 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 retirements, it is the rule 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 retirement 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, th at 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 exhaust all accrued leave during the period of continued disability. In no case shall any such distribution during one pay period exceed the gr oss 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 s ame, and still has accrued but unused sick leave, 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 indust rial disability retirement in accordance with any eligible sick leave cash -out schedule contained in this Article 12.

Further, said employee shall then be paid the cash value of accumulated vacation and holiday. Said payment shall be paid in one lump sum with the employees’ final paycheck.

G. 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 1 st of each
year and shall be submitted in a manner prescribed by the City.

H. Starting in December of 2019 and the first payroll date following December 1 st of each year, each
member may elect to cash out sick time annually at 75% value (e.g., 96 hours cash- out = 72 hours pay) Upon accumulation of sick leave hours above the identified levels below, an employee may elect to cash -out accumulated sick leave hours, as long as the employee’s account contains the indicated amount after the cash out. Requests for cash- out will be processed and shall be submitted in a manner prescribed by the City.

2019-2020 Fiscal Year
Cash Out Hours: 110 Minimum Sick Hours Maintained: 470

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2020-2021 Fiscal Year
Cash Out Hours: 125 Minimum Sick Hours Maintained: 440

2021-2022 Fiscal Year
Cash Out Hours: 140 Minimum Sick Hours Maintained: 410

I. Members may elect to cash out less hours then the maximum allowed.

J. The number of minimum sick hours to be maintained can be the number of hours in either Bank #1, Bank #2 or a combination of the hours in both Bank #1 and Bank #2.

K. Members may elect which Sick Bank they wish to cash out hours from.

L. When a member calls in sick for duty, he/she will complete the city’s employee absent form and may elect which bank (Bank 1 or Bank 2) he/she wishes to have his sick time come from. If no sick bank is elected his/her sick time will automatically come from Bank 2.

ARTICLE 13 - BEREAVEMENT LEAVE

Each regular employee may be granted bereavement leave at the discretion of the Chief of Police 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. Shifts of Bereavement Leave are to be charged to an account separate from the employee’s sick leave account.

Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father -in-law, mother, mother -in-law, child, son- in-law, daughter -in-law, stepchild, grandparents, grandchildren, brother(s) brother-in-law, sister(s) or sister-in-law 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

An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall, each fiscal year, continue to receive full salary and benefits for all shifts the employee is regularly scheduled to work which occur for the ten calendar days from and including the first day the employee is required to report for jury service and is engaged in such activities.

Compensation shall extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or more days in duration.

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.

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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 Police Chief 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.

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 and holiday. If the non-paid leave of absence is solely attributable to a medical condition, which would allow the employee to uti lize accumulated sick leave, then, said sick leave shall be exhausted prior to the granting of any leave without pay status. Additionally, any such employee on a non- paid leave of absence pursuant to FMLA/ CFRA shall be required to use sick leave concurren tly 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/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 covera ge 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 sh all 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

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It is the stated intent and policy of the City th at 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 of 1993, 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. I t 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 al l of the essential duties for that particular job class. "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 Police Chief determines that he/she has productive work available, which is within the work restrictions imposed by the qualified medical specialist. An y such decision by the Police Chief 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

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;

10298790.1 MO110-174 15

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 t he 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 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 in a rolling twelve -month period. 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.

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.

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ARTICLE 20 - UNIFORM ALLOWANCE

The uniform allowance shall be seven hundred and twenty -five dollars ($725.00) per year. The parties agree that this is special compensation and shall be reported as such to CalPERS for “classic members” to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5).

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 second payroll in June.

ARTICLE 21 - MEDICAL 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 insur ance 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.

10298790.1 MO110-174 17

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 b asic plan until the retiree later qualifies for Medicare Part A at no cost.

d. Actuarial Study

The City will authorize the payment for and preparation of an actuarial study of the projected cost of MPP CA’s proposal during negotiations for the 2022-2023 MOU.

The City commits to presenting the actuary’s report to MPPCA and to further consider MPPCA’s proposal during the negotiations for a successor MOU to the 2022-2023 MOU.

C. Dental Insurance

The City will contribute up to ninety- five ($95) per month. 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. Effective the pay period following June 30, 2017, the contribution toward vision will increase to thirty ($30) per month. 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 prem iums 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.

Effective January 1, 2020 the City’s contribution to the Cafeteria plan for active employees will increase by seventy -five dollars ($75) per month for a total monthly contribution of one thousand three hundred seventy-five dollars ($1,375) per month. Effective the beginning of the pay period following January 1, 2021, the City’s contributio n to the

10298790.1 MO110-174 18
Cafeteria plan for act ive employees will increase by seventy- five dollars ($75) per month for a total monthly contribution of one thousand four hundred and fifty dollars ($1 ,450).

Effective the beginning of the pay period following January 1, 2022, the City’s contribution to the Cafeteria plan for act ive employees will increase by twenty -five dollars ($25) per month for a total monthly contribution of one thousand four hundred and seventy dollars ($1,475).

The City’s contribution will include the PEMHCA MEC ($125 per month for 2016) 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) 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 certify that he/she has medical insurance coverage in a plan that provides minimum essential coverage under the Affordable Care Act.

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 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT

Effective January 1, 201 8, the City will offer a voluntary medical and dependent care flexible spending account to employees. The City will pay the administrative fee for the plans and the employee will be responsible for individual account fees.

ARTICLE 23 – RETIREE HEALTHCARE TRUST

A. Effective following July 1, 2020, the city shall establish a Retiree Healthcare Trust (RHT) and full- time Unit member will be eligible to self fund contributions towards it.

ARTICLE 24 - LIFE INSURANCE PLANS

A. Life Insurance - The amount of life insurance provided to Police Captains shall be $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

The City agrees to maintain an Educational Incentive Pay Plan, which provides additional compensation as follows:

10298790.1 MO110-174 19

A. $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.

B. $325.00 additional compensation per month for an employee with a Master'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.

C. The City agrees to pay $300.00 compensation per month for a Supervisorial POST Certificate or $375 compensation per month for a Management POST Certificate, for an employee who does not otherwise qualify for the educational incentive pay as provided for in this article. The above amounts shall not be cumulative and in no case shall the total additional monthly compe nsation under Article 25 exceed $550 per month as per Article 25D.

D. If an employee possesses any combination of both a Bachelor ’s/Masters Degree’s and a Supervisorial/Management POST Certificate, the y will be compensated a maximum of $550 a month. In no case shall the total additional monthly compensation under Article 25 exceed $ 550 per month.

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)(2) – 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.

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.

10298790.1 MO110-174 20

An employee will be reimbursed up to twenty- five dollars ($25.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to fifty dollars ($50.00) 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 - SALARIES AND WAGES

A. Beginning with the first day of the pay period in which the MPPOMMA membership ratifies the tentative agreement setting forth the changes in this MOU, but no more than two (2) pay periods preceding ratification of the MOU by the City Council, the salary ranges for all classifications in this bargaining unit shall be increased by 6.0%.

Essential Worker Premium Pay under ARPA: The City will make a one -time non -PERSable payment of $8,000 per employee who was employed in a sworn classification by the City of Monterey Park prior to March 31, 2021 and is 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.

B. Longevity Pay –The City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service. The longevity payment will increase to three-hundred fifty dollars ($350) per month upon completion of twenty-five (25) years of continuous service.

C. Salary Range Advancement

Advancement within the 5- step salary range shall be subject to the terms and conditions as set forth herein:

1. Except as modified herein, all other existing rules governing salaries step increases and performance ratings shall remain as provided for in Municipal Code Section 2.36.050 - Step Increase and 2.36.060 - Performance rating system for employees.

2. Municipal Code Section 2.36.050 (6), Step Increase, based upon prior practices, shall be interpreted as follows: Any employee receiving an unsatisfactory rating report under the performance rating system set forth in Section 2.36.060 shall be rated once each calendar month thereafter. The receipt by any employee of three consecutive unsatisfactory performance ratings shall be grounds for disciplinary action up to and including dismissal.

3. Advancement between steps may occur at intervals of no less than one year. No multiple step increases may be granted.

4. Performance evaluations and consideration of merit adjustments shall be due annually on the employee's anniversary of the probationary appointment to his/her position classification. Any employee on a leave of absence (paid or unpaid) for more than 30 days in a rating period shall have their annual review date adjusted accordingly. 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

10298790.1 MO110-174 21
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.

5. Recommendations for step increases or denial of step increases must be accompanied by a performance evaluation to substantiate performance. An Employee Appraisal and Development Report shall be completed and forwarded to the Human Resources Department prior to any department approved increase being processed for payment. In order for employees to receive increases in a timely manner, the Report should be received by the Human Resources Department by the beginning of the pay period in which the increase is due.

6. Nothing in this Article shall prevent the Chief of Police from exercising management rights to suspend, reduce, demote, layoff, or terminate for cause an employee in accordance with City Personnel Rule XIII - Changes in Employment Status, or Rule XIV - Separation from the Service, or Rule XV - Disciplinary Proceedings.

ARTICLE 28- 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 July 1, 1995, PERS "2% @ 50" formula Retirement Plan;

2. Effective June 24, 1989, "Single Highest Year" option;

3. Effective March 20, 1976, "Post Retirement Survivor" option;

4. Effective May 8, 1999, "1959 Survivor's Benefit" - Level 4;

5. Effective August 18, 2001, “3% @ 55” formula Retirement Plan;

6. Effective November 1, 2003, Military Service Credit as Public Service.

B. A ll employees who are classic members under the Public Employees’ Retirement Law shall pay 9% of compensation earnable as the employee contribution to CalPERS.

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 w ho 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. New members contribute one -half of the total normal cost of their retirement

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benefits as determined by CalPERS. In 2016, that contribution is 12%.

E. Cost-Sharing
Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2019 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) 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.

‘New Member’ Employees:

“New Member” employees pay their one-half the total normal cost as determined by CalPERS. As of July 1, 2019, that contribution is 12.25%. Effective the payroll period following the CalPERS contract amendment approval, “new members” will contribute .5% cost sharing pursuant to Government Code section 20516(a) in addition to their one-half of the total normal cost as determined by CalPERS. In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction.

For example, if the required PEPRA contribution is 12.25%, then “new members” will contribute 12.25% (1/2 the normal cost) and .5% as cost-sharing, for a total employee contribution of 12.75%.

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. 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.

ARTICLE 29- MEDICAL EXAMINATION

A medical examin ation 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 powers of a peace officer as permitted by Government Code 1031(f). The exam will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.

ARTICLE 30 - DEFERRED COMPENSATION PLAN

A deferred compensation plan will be available to all members of the Police Officers Association/Captains’ Unit. Participation in this deferred compensation plan is at the option of the individual employee.

A. One-Time Deferred Compensation Special 457 Catch-up Provision:

10298790.1 MO110-174 23

(One-Time is defined by law as an election to “catch-up” underutilized deferrals to a 457 plan, once in a singular year or multiple years, not to exceed 3 years) Federal Law allows 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. Normal retirement age for “classic” safety members of PERS is fifty-five (55) years old and fifty-seven (57) years old for “new” members of PERS. All 457 plans of an employer must have the same normal retirement age (NRA). For purposes of the deferred compensation special 457 catch-up provision for the City of Monterey Park, the normal retirement age range shall be considered 51 thru 62 years old.

The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement date in converting the hourly rate of accrued compensable leave to monies into their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations/Federal Law. 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 date he/she may convert the hourly rate of accrued compensable leave to monies into be included in their contribution to one of the City’s deferred compensation providers in accordance with IRS regulations and the schedule outlined below:

3-year Catch-up Plan:

1st year: no more than 30% 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 45% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 60% 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 31 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION

Reasonable written notice will be given to the Police Captains 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 the Police Captains, 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 Police Captains shall be deemed to have met and conferred and agreed to any matter if within thirty

10298790.1 MO110-174 24
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 32 - 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 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 Recognized Employee Organization or based on any protected class.

C. The parties 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.

Nothing contained in the MOU shall act as a waiver of any rights an individual may have under the workers' compensation law.

ARTICLE 33 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2018 and ending June 30, 2022 and shall continue in effect from year to year thereafter unless or until terminated.

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 aut omatically renew for an additional year without any change whatsoever.

ARTICLE 34 - CITY COUNCIL APPROVAL

It is however, the mutual understanding of all parties hereto that this Memorandum of Understanding (MOU) is of no force or a ffect whatsoever unless or until ratified and approved by minute action duly adopted by the City Council of the City of Monterey Park. The “date of implementation” shall be the date this MOU is approved by the City Council.

IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this __day of December _, 2022

MONTEREY PARK POLICE CAPTAINS UNIT CITY OF MONTEREY PARK By: By:

10298790.1 MO110-174 25
Eric Kim, Captain
Monterey Park Police Department
Ron Bow, City Manager

By:

Inez Alvarez, Assistant City Manager

By:

Martha Garcia, Director of Finance

By:

Christine Tomikawa, Director of Human
Resources and Risk Management

APPROVED BY:

Karl H. Berger, City Attorney

10298790.1 MO110-174 26

ADDENDUM A

City of Monterey Park
Police Captains’ Unit

3.5% Effective January 1, 2022

2021-2022 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 13,005 13,663 14,356 15,083 15,836

Effective beginning with the first day of the pay period in which MPPCA membership ratifies the tentative agreement setting forth the changes in the MOU, but no more than two (2) pay periods preceding ratification of this MOU by the City Council.

2022-2023 SALARY TABLE

Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Captain 5 $13,785 $14,483 $15,217 $15,988 $16,786

Staff Report
December 7, 2022

ATTACHMENT 3
Proposed MOU Resolution

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 CAPTAINS’ ASSOCIATION.

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Police Captains’ Association (“MPPCA”) met and conferred regarding wages, 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 MPPCA 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:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

City Council Staff Report
+
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorabl
e Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management SUBJECT: Approving Side Letters between the City and the Monterey Mid -Management Association, Monterey Park Confidential Employees’ Association and Service Employees International Union, Local 721, authorizing Essential Worker Premium Pay per the American Rescue Plan Act
RECOMM
ENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager authority to execute Side Letters between the City of Monterey Park and the Monterey Park Mid-Management Association (“MPMMA”), the Monterey Park Confidential Employees’ Association (“MPCEA”), and the Service Employees International Union (“SEIU”), Local 721, in a form approved by the City Attorney;

2. Authorizing budget appropriation of approximately $690,000 from the American Rescue Plan Act (“ARPA”) Funds for the 2022-2023 fiscal year; and

3. Taking such additional, related, action that may be desirable.

EXECUTI
VE SUMMARY:

Represent
atives for the City of Monterey Park (“City”) and MPMMA, MPCEA, and SEIU met and conferred to negotiate the terms and conditions of a Side Letter regarding the Essential Worker Premium Pay per the ARPA guidelines. The parties reached an agreement on a Side Letter for a one-time lump sum payment.

BACKGROUND
:

The Federal G
overnment issued the City of Monterey Park $15M in American Rescue Plan Act funds along with guidelines for how the money could be appropriated. One option public agencies are eligible to use the ARPA funds toward is an Essential Worker Premium Pay.

The three as
sociation groups requested the City consider authorizing ARPA funds toward a one-time lump sum premium pay for continuing to perform essential duties for the City of Monterey Park community and public during the worldwide pandemic and Los Angeles County lock down health orders. City of Monterey Park employees, represented by the three associations, continued to provide services and found new ways to adjust to remote access to essential services for the public.

The Essent
ial Worker Premium Pay will be a non-PERSable lump sum of $6,000 per employee covered by the respective MOU, who was employed by the City of Monterey Park before March Consent Calendar - 3E

Staff Report

December 7, 2022
31, 2021 and is employed in a classification in the respective unit on the date of distribution. To be distributed wit
h the first payroll distribution after Council adoption of this Side Letter.

FISCAL IMPACT:

An Authorized budget appropriation of approximately $690,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year is required.

Respectfully submitted by: Review by:

Christine Tomikawa
Director of Human Resources and
Risk Management
Martha Garcia
Director of Management Services
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHM
ENTS:

1. Monterey Park Mid-Management Association – Side Letter

2. Monterey Park Confidential Employees’ Association – Side Letter

3. Service Employees International Union, Local 721 – Side Letter

Staff Report
December 7, 2022

ATTACHMENT 1
Monterey Park Mid-Management Association –
Side Letter

City of MontereY Park
and
Monterey Park Mid-Management Association
Side Letter Agreement
The City of Monterey Park and the Monterey Park Mid-Management Association ("the Parties") have agreed to modify their Memorandum of Understanding ("MOU") dated July 1, 2019 to June 30, 2023 by adding the following:

ARTICLE 26: SALARIES
B. (f) Essential Worker Premium Pay under ARPA: City will make a one-time non-PERSable payment of 56,000 per employee who was employed by the City of Monterey Park before March g'J.,2121and is 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 side letter.

Except for the terms specifically added, the remainder of the MOU between the Parties shall remain in full force and effect. This side letter shall not be effective unless and until it is ratified by the City Council of the City of Monterey Park.
ln Witness Thereof, the parties have executed this Agreement this 7th day of December, 2022.

MONTEREY PARK MID-MANAGEM ENT

ASSOCTATION

CITY OF MONTEREY PARK
e nterey Ron Bow, City Manager
ation
lnez Alvarez, Assistant City Manager
By:

Christine Tomikawa, Director of Human
Resources & Risk Management
APPROVED BY:

Cesar Vega, Vice-Presid
Park Mid-Management
Karl H. Berger, CityAttorneY

Staff Report
December 7, 2022

ATTACHMENT 2
Monterey Park Confidential Employees’
Association – Side Letter

Staff Report
December 7, 2022

ATTACHMENT 3
Service Employees International Union, Local 721
– Side Letter

City Council Staff Report
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Emerson Avenue Sewer System CIPP Lining and Point Repair Improvements – Award of Contract
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Sancon Technologies, Inc., in the amount of $155,229 for the Emerson Avenue Sewer System CIPP Lining & Point Repair Improvements, Specification No. 2022-007.

2. Authorizing the Director of Public Works to approve change orders and contingency up to $23,284 (15%) of the contract amount.

3. Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use.

EXECUTIVE SUMMARY:

Per Resolution 2022-R32, the Public Works Director solicited bids for Capital Improvement Project No. 99010. The bid opening was held on November 15, 2022. Staff completed review of bids and recommends that the contract be awarded to Sancon Technologies, Inc., the lowest responsible bidder, in the amount of $155,229.

BACKGROUND:

Following the Wastewater Collection System Master Plan’s recommendations and identified by the City’s recent closed circuit television videotaping of the sewer system , the scope of the project consists of rehabilitation of approximately 2,352 linear feet of 8- inch sanitary sewer main using Cured-In-Place Pipe (CIPP) lining method and it also includes spot repairs for approximately 85 linear feet of damaged sanitary sewer pipe.

Consent Calendar - 3F

Staff Report

December 7, 2022

The project involves the sewer improvements for the following segments along Emerson Avenue:

STREET SEGMENT
Emerson Ave.

New Ave. to Elizabeth Ave.,
Orange Ave. to Alhambra Ave., &
Nicholson Ave. to Lincoln Ave.

Staff opened bids on November 15, 2022, for the Emerson Avenue Sewer System CIPP Lining & Point Repair Improvements, Specification No. 2022-007, and completed the review of all bids submitted. The bids are listed in the table below:

RANK BIDDER BASE BID AMOUNT
1 Sancon Technologies, Inc. $155,229.00
2 Southwest Pipeline & Trenchless Corp $155,386.00
3 Insituform Technologies $164,864.60
4 Nor Cal Pipeline Services $204,292.25

The bid submitted by Sancon Technologies, Inc. from Huntington Beach, California is the lowest responsive bid. Sancon Technologies, Inc. contractor’s license was verified with the California State Contractor’s License Board to be current, active, and in good standing. Registration with the California Department of Industrial Relations (DIR) was verified. Staff also contacted contractor’s references and received positive feedback.

FISCAL IMPACT:

The project is funded by Sewer Funds (411), CIP 99010 with the available budget of $245,000. There will be sufficient funds for the project specified in the table below.

CIP 99010 – EMERSON AVE SEWER SYSTEM CIPP LINING
& POINT REPAIR IMPROVEMENTS
Base Bid $155,229
Contingency (15%) $23,284
Project/Construction Management/Inspection (10%) $24,500 Total Estimated Project Cost $203,013
Project Budget $245,000

Staff Report

December 7, 2022
Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Ulises Benavente
Civil Engineering Assistant
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:

1. Sancon Technologies, Inc. Bid Proposal
Reviewed by:

Martha Garcia,
Director of Finance

Staff Report
December 7, 2022

ATTACHMENT 1
Sancon Technologies, Inc. Bid Proposal

Contractor Information
Legal Entity Name

SANCON TECHNOLOGIES, INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000008879
Registration effective date
7/1/2020
Registration expiration date
6/30/2023
Mailing Address
5841 ENGINEER DRIVE  HUNTINGTON BEACH 92649 CA United States of America Physical Address
5841 ENGINEER DRIVE  HUNTINGTON BEACH 92649 CA United States of America Email Address
Trade Name/DBA
License Number(s)
CSLB:774055
CSLB:774055
Registration History
Legal Entity Information
Corporation Number: C2048460
Federal Employment Identification Number:

President Name: CHUCK PARSONS
Vice President Name: GARY DREW
Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name: Kelly Williams
Agent of Service Mailing Address: 5841 ENGINEER DRIVE  HUNTINGTON BEACH 92649 CA United States of America Workers Compensation
Effective Date    Expiration Date
6/14/2018 6/30/2019
6/12/2017 6/30/2018
6/9/2016 6/30/2017
7/2/2015 6/30/2016
2/9/2015 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2023
Do you lease employees through Professional
Employer Organization (PEO)?:

No
Please provide your current workers compensation
insurance information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier
Policy Holder Name: SANCON TECHNOLOGIES, INC.

Insurance Carrier: Midwest Employers Casualty Company
Policy Number: BNUWC0152392
Inception date: 10/1/2021
Expiration Date: 10/1/2022

City Council Staff Report
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Active Transportation Program (ATP) Cycle 4 Citywide Pedestrian Safety Improvements – Award of Public Works Contract to California Professional Engineering, Inc.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with California Professional Engineering, Inc., in the amount of $1,360,870 for the ATP Cycle 4 Citywide Pedestrian Safety Improvements Project, Specification No. 2021-004;

2. Authorizing a Task Order to Transtech Engineers, in an amount not to exceed $204,700, for Preparation of Bid Documents, Grant and Construction Management/Inspection for the ATP Cycle 4 Citywide Pedestrian Safety Improvements Project;

3. Authorizing the Director of Public Works to approve change orders and contingency up to $136,087(10%) of the contract amount, for a total project cost of $1,701,657;

4. Authorizing the Finance Department to appropriate $223,832 from Measure R funds for this project; and

5. Taking such additional, related action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project.

EXECUTIVE SUMMARY
Per Resolution No. 2022-R32, the Public Works Director solicited bids for the ATP Cycle 4 Citywide Pedestrian Safety Improvements Project. The deadline for the submittal of bids was November 16, 2022. Three bids were received. Staff completed the review of the bids and recommends that the contract be awarded to California Professional Engineering, Inc. in the amount of $1,360,870 . A 10% contingency of $136,087 is Consent Calendar - 3G

Staff Report

December
7, 2022
requested for a total project cost of $1,701,657. The City received $1,367,000 from the ATP Cycle 4 grant for this project.

BACKGROUND
The City was awarded $1,367,000 from the California Department of Transportation Active Transportation Program (ATP) Cycle 4 for the Monterey Park School and Crosswalk Safety Enhancement Project. 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 project is located on various residential streets within school zones, see Attachment 3 - Project Location Map and Improvement Exhibits.

Staff opened bids on Wednesday, November 16, 2022, at 10:00 AM, and has completed the review of all bids submitted. The bids are listed in the table below:

RANK BIDDER BASE BID
AMOUNT
1 California Professional Engineering, Inc $1,360,870
2 Hardy & Harper $1,410,000
3 Comet Electric $1,780,377
The bid submitted by California Professional Engineering, Inc. is the lowest responsive bid from a responsible bidder. There was a clerical error on page C.5, Bidder’s Proposal which stated the wrong dollar amount for one of the subcontractor’s, EBS General.

California Professional Engineering, Inc. will be performing all traffic control along the project; therefore, that amount should be $502,250, instead of the stated $577,650.

California Professional Engineering, Inc. contractor’s license was verified with the California State Contractor’s License Board to be current, active and in good standing.

Registration with the California Department of Industrial Relations (DIR) was verified.

Staff also contacted references to confirm that the contractor provided good quality work.

Additionally, Staff recommends issuing a Task Order, under the City’s On-call Engineering Agreement 2282-A, to Transtech Engineers in an amount not to exceed $204,700 for grant management, and construction management, including inspection services. Transtech has supported the City since the pre-award phase of the ATP Cycle 4 grant and is able to provide both a Construction Manager and Construction Inspector to this project during the construction phase.

The City received $1,360,870 from the ATP Cycle 4 grant, however, only $1,212,000 was budgeted for construction. The balance of $148,870 was included in the grant budget for Plans and Specifications (P&E). Staff will be contacting the ATP coordinator to seek additional funding for the construction phase due to increases in labor and

Staff Report

December 7, 2022
material costs. The City will also seek to potentially reallocate the $148,870 P&E budget towards the construction budget. If additional funds are approved for the construction phase, the City’s local match will be reduced.

FISCAL IMPACT
The total estimated cost for the ATP Cycle 4 Citywide Pedestrian Safety Improvements Project is $1,701,657. The City has $1,212,000 under the ATP Cycle 4 program for Construction Phase. The remaining funds required for this project is $489,657. A total of $265,825 will be transferred from CIP 96013 – MTA Monterey Pass Bike project to CIP 96034 – ATP Cycle 4 Pedestrian project. Funding is available as a result of additional funding from the SR-710 Mobility Improvement Project Fund for the Monterey Pass Bike Project. It is recommended that the City Council authorize the Finance Department to appropriate an additional $223,832 from Measure R Local Return Funds to complete this project.

Below are the recommended project funds including the additional Measure R Local Return Funds appropriation and phases cost breakdown:

ATP funds (State
funded)
Measure R Local
Funds TOTAL
Construction Contract +
10% contingency $1,212,000 $284,957 $1,496,957
Preparation of Bid
Documents, Grant and
Construction
Management/ Inspection
(Transtech Task Order)
$204,700 $204,700
TOTAL $1,212,000 $489,657 $1,701,657
Respectfully submitted & prepared by: Reviewed by:

Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

Staff Report

December 7, 2022

ATTACHMENTS

1. California Professional Engineering, Inc. Bid Proposal

2. Transtech Task Order

3. Project Location Map and Improvement Exhibits

Staff Report
December 7, 2022
ATTACHMENT 1
California Professional Engineering, Inc. Bid Proposal

Staff Report
December 7, 2022

ATTACHMENT 2
Transtech Task Order

City of Monterey Park
320 W Newmark Ave., Monterey Park, CA 91754

TASK ORDER #____

Issued under AGREEMENT No. _______, dated ____.

Project Name: Active Transportation Program (ATP) Cycle 4 Citywide Pedestrian Safety Improvements, Bid Package (Plans, Specifications and Estimates) Preparation; Grant Management , Construction Management, and Construction Inspection Services, ATP-5231(017)
Project Number: NA
Contractor Name: Transtech Engineers, Inc.

Vendor Number: 2066
Contract Number: 2282-A
Account Number:

Date Prepared: 4/29/2022

Per City’s request, Transtech will provide its services for the following phases/tasks for the subject project:

Task A - Bid Package (Plans, Specifications and Estimates) Preparation Task B - Grant Management Services (Caltrans Construction Allocation Request, Environmental Clearance, Right of Way Certification)
Task C - Construction Management, and Construction Inspection Services

Project Understanding:

The City received ATP funds (State funded) from Caltrans in ATP Cycle 4 program, in the amount of $1,367,000 for the Monterey Park School and Crosswalk Safety Enhancement Project. 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 at various locations citywide within school site. Exhibit A shows the project locations and improvement exhibits as part of this project.

The work locations around school sites are at the following intersections:

• Barranca Dr & Casuda Canyon Dr
• Hillside St & Sunnyhill Dr
• Avenida Cesar Chavez & Westcott Ave
• Schoolside Ave & 1st St
• Findlay Ave & Markland Dr
• Findlay Ave S/Of Markland Dr
• Hendricks Ave & Gleason St
• Gleason St & Via Norte Ave
• Fernfield Dr & Via Norte Ave
• Via Norte Ave S/Of Fernfield Dr
• Lupine Ave & E Arlight St
• Grandridge Ave & Isabella Terrace
• Grandridge Ave S/Of Bradshawe Ave

City of Monterey Park
320 W Newmark Ave., Monterey Park, CA 91754

• Bradshawe Ave & Grandridge Ave
• McPherrin Ave & Park Ave
• Roselyn Pl & S Ramona Ave
• McPherrin Ave North Of Newmark Ave

Proposed Services:

As requested by the City, Transtech proposes the following services for the project.

Task A - Bid Package (Plans, Specifications and Estimates) Preparation

1. Perform engineering design services resulting in contract documents (plans, specifications and cost estimates).

2. Collect and review available record plans, existing/proposed conditions and requirements.

3. Provide additional field survey necessary to complete the design effort.

4. Perform visual field inspection and review.

5. Inspect operations in the project area to develop an efficient control approach that will be used during the construction of the proposed improvements.

6. After review of data, and field investigation surveys, develop design parameters.

7. Prepare construction plans for applicable improvements.

8. Prepare cost estimates.

9. Prepare specifications.

10. Provide project management and administration for PS&E Phase.

11. Provide PS&E Bid Package ready for bidding.

12. This task order does not include preparation of environmental clearance document, right of way clearance documents and construction allocation request coordination with Caltrans/CTC. Such services will be provided on a separate task order.

13. Coordinate the advertisement of project.

14. Respond to bidder inquiries during the bidding process, including preparation of any addenda.

15. Review and analyze bids received and prepare recommendation for the award to lowest responsive bidder.

16. Prepare and submit Project Design Schedule.

Task B - Grant Management Services (Caltrans Construction Allocation Request, Environmental Clearance, Right of Way Certification)

1. Existing records review and Coordination: Review of existing project documents and coordination with City staff, Metro, and Caltrans.

2. Environmental Clearance: Prepare and submit the Categorical Exemption Environmental in compliance with ATP CON allocation submittal.

3. Right of Way Clearance: Prepare and submit the Right of Way package in c ompliance with ATP CON allocation submittal.

4. CON Allocation Request: Prepare and submit the ATP CON Allocation Request and Finance Letter to Caltrans.

City of Monterey Park
320 W Newmark Ave., Monterey Park, CA 91754

Task C - Construction Management, and Construction Inspection Services

1. Managing construction activities and project controls.

2. Monitoring the Contractor's baseline schedule, master construction schedule, and any updated construction schedules.

3. Conducting Pre-construction meeting with the contractor, City, and other involved parties.

4. Conducting construction meetings with the contractor, City, and other involved parties.

5. Preparation and distribution of meeting minutes.

6. Performing PW inspections.

7. Responding to complaints and resolving problems as necessary.

8. Reviewing contractor change order requests, and preparing necessary documentation for submittal and approval or denial by the City.

9. Reviewing and verifying contractor pay requests and preparing necessary documentation for submittal and approval by the City.

10. Managing contract cost accounting system and preparation of a log of all Contractor's Progress Billings.

11. Conducting project walk-through(s) and preparing punch list(s).

12. Maintaining proper project files and documentation.

13. Coordinating dose out of the project.

14. Presenting to the City project close out file.

City of Monterey Park
320 W Newmark Ave., Monterey Park, CA 91754

Classification Classification Classification Classification Sr. Eng, PM,
RE, CM
Sr. Public
Works
Inspector
Office
Engineer/
Associate
Engineer
Administrative
Av. Hrly Rate Av. Hrly Rate Av. Hrly Rate Av. Hrly Rate $195 $155 $145 $70
80 0 240 130 450 $59,500
$12,100
Assumed
Field
Inspection
Total Hrs =
80 work
days
level of
effort
40 640 40 40 760 $115,600
120 640 280 170 1,210
$23,400 $99,200 $40,600 $11,900 $187,200
$10,000
$7,500
$204,700Total Estimated Budget (Transtech + Subconsultants) Sub-Consultants
Budget Allocation
GEO-ADVANTEC, Inc. (Materials Testing and Inspection)
AVANT-GARDE, Inc. (Labor Compliance and Field Interviews) Total Hours (Transtech)
Total Fee (Transtech)
FEE

PROPOSAL
Total
Fee
Total
Hours
Task C -
Construction
Management,
and Construction
Inspection
Services
Task A - Bid Package (Plans, Specifications and
Estimates) Preparation
Task B - Caltrans Construction Allocation Request, Environmental Clearance, Right of Way Certification (Services provided by sub-consultant, Avant-Garde)

City of Monterey Park
320 W Newmark Ave., Monterey Park, CA 91754

TRANSTECH ENGINEERS, INC.

CONSULTANT/CONTRACTOR

Okan Demirci, PE Date

Recommended/Approved By:

Date Date

Management Services Director

Date
City Manager

For Internal Use Only:

Budgeted _____Yes _____ No
Appropriation Transfer Needed: _____Yes _____No
Date City Council Approved: __________
Agenda Item No.: _____
Comments: _______________________________
04/29/2022

Staff Report
December 7, 2022
ATTACHMENT 3
Project Location Map and
Improvement Exhibits

ATTACHMENT C: PROJECT LOCATION MAP
City of Monterey Park (Sponsoring Agency)

Attachment C | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

M O N T E R E Y

P A R K
1 Scale

P R O J E C T L O C A T I O N S
1000’
Barranca Dr & Casuda Canyon Dr
Hillside St & Sunnyhill Dr
Avenida Cesar Chavez & Westcott Ave
Schoolside Ave & 1st St
Findlay Ave & Markland Dr
Findlay Ave S/of Markland Dr
1 2
3 4
5 6
City Boundary

L E G E N D
A Monterey Highlands Elementary
School
B Brightwood Elementary School
C Robert Hill Lane Elementary School
D Bella Vista Elementary School
E Macy Intermediate School
F Repetto Elementary School
G Ynez Elementary School
H St. Stephen Martyr School
8 5
Project Location within
Los Angeles County in the City
of Monterey Park
9 14
11 10
4 2
12 16
7 8
9 10
11 12
13 14
15 16
17 Hendricks Ave & Gleason St
Gleason St & Via Norte Ave
Fernfield Dr & Via Norte Ave
Via Norte Ave S/of Fernfield Dr
Lupine Ave & E Arlight St
Grandridge Ave & Isabella Terrace
Grandridge Ave S/of Bradshawe Ave
Bradshawe Ave & Grandridge Ave
McPherrin Ave & Park Ave
Roselyn Pl & S Ramona Ave
McPherrin Ave north of Newmark Ave

7 15 A
F
C
G
3 A L H A M B R A
L O S

A N G E L E S

R O S E M E A D
Lupine Ave & E Arlight St
W Fernfield Dr & Via Norte Ave
Via Norte Ave south of Fernfield Dr
Grandridge Ave & Isabella Terrace
S Bradshawe Ave & Grandridge Ave
S Mc Pherrin Ave & Park Ave
Roselyn Pl & S Ramona Ave
Hillside St & Sunnyhill Dr
Avenida Cesar Chavez & Westcott Ave
Schoolside Ave & W 1st St
Barranca Dr & Casuda Canyon Dr
10 W Gleason St & Via Norte Ave Findlay Ave & W Markland Dr Hendricks Ave & W Gleason St
13 Grandridge Ave south of Bradshawe Ave
17 S McPherrin Ave north of Newmark Ave
6 Findlay Ave south of Markland Dr
B
D
E
H

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 1: BARRANCA DR & CASUDA CANYON DR

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Barranca Dr & Casuda Canyon Dr 1

E X I S T I N G C O N D I T I O N S
1 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in west leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in south and
west legs
✓ “School Warning” signage
✓ “School Crosswalk Warning” signage
✓ No “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph Speed Limit signage

MONTEREY HIGHLANDS

ELEMENTARY SCHOOL

XIN G

SC H O O L
SLO W
XIN G

SC H O O L
SLO W
Move existing School
Warning Ahead Sign
further south
Move existing School
Warning Ahead Sign
further east
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 2: HILLSIDE ST & SUNNYHILL DR

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Hillside St & Sunnyhill Dr 2

E X I S T I N G C O N D I T I O N S
2 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in east leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in south and
east legs
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage in NB and
SB directions, covered by tree in SB dir.
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ ADA compliant curb ramps
✓ 25 mph Speed Limit signage in NB
direction

SUNNYHILL DR

BRIGHTWOOD

ELEMENTARY SCHOOL

Move existing School Xing
Ahead Sign covered by tree
further south
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
ADA compliant curb ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 3: AVENIDA CESAR CHAVEZ & WESTCOTT AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Avenida Cesar Chavez & Westcott Ave 3

E X I S T I N G C O N D I T I O N S
3 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in north and south leg
✓ Uncontrolled in east and west leg
✓ Yellow standard crosswalk in south and
west legs
✓ “School Warning” signage
✓ “School Crosswalk Warning” signage
✓ No “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph School Speed Limit signage in
WB direction

WESTCOTT AVE

ROBERT HILL LANE

ELEMENTARY SCHOOL

STOP
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Overhead Pedestrian Signal with doubled Sided S1-1
Signage with Downward Facing Arrow on each side, R10-
3B and R10-23 Signage on existing pedestrian signal

R1-5C Stop Here for Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
Straighten out existing crosswalk
STOP

EAST LOS ANGELES

COMMUNITY COLLEGE

R10-3B
R10-23

S1-1 &
W16-7P

Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 4: SCHOOLSIDE AVE & 1ST ST

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Schoolside Ave & 1st St 4

E X I S T I N G C O N D I T I O N S
4 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in north leg
✓ Uncontrolled in east and west leg
✓ White ladder crosswalk in west leg
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage
✓ White “Ped Xing” pavement legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 35 mph Speed Limit signage in EB
direction

ROBERT HILL LANE

ELEMENTARY SCHOOL

STOP
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Overhead Pedestrian Signal with doubled Sided S1-1
Signage with Downward Facing Arrow on each side, R10-
3B and R10-23 Signage on existing pedestrian signal

R1-5C Stop Here for Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
R10-3B

R10-23

S1-1 &
W16-7P

Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 5: FINDLAY AVE & MARKLAND DR

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Findlay Ave & Markland Dr 5

E X I S T I N G C O N D I T I O N S
5 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in east leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in south and
east legs
✓ “School Warning” signage
✓ “School Crosswalk Warning” signage,
sign in SB direction covered by tree
✓ No “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends in SB direction only
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph School Speed Limit signage (SB)

MARKLAND DR

FINDLAY AVE

BELLA VISTA

ELEMENTARY SCHOOL

STOP
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 6: FINDLAY AVE SOUTH OF MARKLAND DR

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Findlay Ave south of Markland Dr 6

E X I S T I N G C O N D I T I O N S
6 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Midblock uncontrolled yellow ladder
crosswalk
✓ “School Warning” signage
✓ “School Crosswalk Warning” signage
✓ No “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends in NB direction only
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph School Speed Limit signage (SB)

MARKLAND DR

FINDLAY AVE

BELLA VISTA

ELEMENTARY SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 7: HENDRICKS AVE & GLEASON ST

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Hendricks Ave & Gleason St 7

E X I S T I N G C O N D I T I O N S

P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Uncontrolled intersection
✓ Yellow ladder crosswalk in north and
south legs angled to meet on the east side
leading to alley accessible to pedestrians
only
✓ “School Warning” signage (SB)
✓ Non-standard MUTCD “School Crosswalk
Warning” signage
✓ No “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph Speed Limit signage (NB)

GLEASON ST

HENDRICKS AVE

BELLA VISTA

ELEMENTARY SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in Highly
Reflective Paint (100 to 200 feet from Crosswalk)
Re-paint faded white “STOP” Pavement Legend and STOP
line in High Reflective Paint
Paint curb in red
Remove existing School Warning SW24-1 signage
Remove existing uncontrolled crosswalk
Alley ped and bike path from Hendricks Ave to Findlay Ave STOP

FINDLAY AVE
7 No existing curb ramp, existing
crosswalks lead to alley

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 8: GLEASON ST & VIA NORTE AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Gleason St & Via Norte Ave 8

E X I S T I N G C O N D I T I O N S
8 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Uncontrolled intersection
✓ Yellow standard crosswalk in north and
east legs
✓ Faded “School Warning” signage, NB
and WB direction
✓ “School Crosswalk Warning” signage,
SB direction 35-feet from crosswalk
✓ No “School Xing Ahead” signage
✓ No “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

GLEASON ST

VIA NORTE AVE

BELLA VISTA

ELEMENTARY SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) White “STOP” Pavement Legend and STOP line in High
Reflective Paint
Paint curb in red
Remove existing SW24-1 School Warning signage
Install R1-1 STOP sign on east leg

STOP
STOP
STOP
STOP

MARKLAND DR

FINDLAY AVE
STOP

FERDINAND AVE
Non-ADA compliant curb
ramps

Non-ADA compliant curb
ramps

ADA compliant curb ramps,
no existing truncated domes

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 9: FERNFIELD DR & VIA NORTE AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Fernfield Dr & Via Norte Ave 9

E X I S T I N G C O N D I T I O N S
9 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Uncontrolled intersection
✓ Yellow standard crosswalk in north and
east legs
✓ “School Crosswalk Warning” signage,
SB direction covered by tree
✓ No “School Xing Ahead” signage
✓ No “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

FERNFIELD DR

VIA NORTE AVE

BELLA VISTA

ELEMENTARY SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) White “STOP” Pavement Legend and STOP line in High
Reflective Paint
Paint curb in red
Install R1-1 STOP sign on east leg
Remove existing crosswalk approximately 30-ft south of
crosswalk in south leg of Via Norte Ave and Fernfield Dr intersection

STOP
STOP

FINDLAY AVE

POMONA BLVD

STOP

FERDINAND AVE
Non-ADA compliant curb
ramps

Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 10: VIA NORTE AVE SOUTH OF FERNFIELD DR

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Via Norte Ave south of Fernfield Dr 10

E X I S T I N G C O N D I T I O N S
10 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Uncontrolled midblock crosswalk
✓ Yellow standard crosswalk
✓ Lead to driveway on the west side
✓ No “School Crosswalk Warning” signage
✓ No “School Xing Ahead” signage
✓ No “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

FERNFIELD DR

VIA NORTE AVE

BELLA VISTA

ELEMENTARY SCHOOL

Remove existing midblock uncontrolled crosswalk
approximately 30-feet south of existing uncontrolled
crosswalk in south leg of Via Norte Ave and Ferfield Dr intersection

FINDLAY AVE

POMONA BLVD

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 11: LUPINE AVE & E ARLIGHT ST

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Lupine Ave & E Arlight St 11

E X I S T I N G C O N D I T I O N S
11 P R O P O S E D C O N D I T I O N S
Scale 70’
✓ STOP Controlled in east and west leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in north, east,
and west legs
✓ “School Crosswalk Warning” signage
✓ Faded “School Xing Ahead” signage
✓ Faded “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

MACY INTERMEDIATE
SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
Double Sided S1-1 (36”x36”) Signage (School Crosswalk
Warning) with Downward Facing Arrow toward the
Crosswalk

STOP
STOP
STOP

E ARLIGHT AVE

LUPINE AVE
Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 12: GRANDRIDGE AVE & ISABELLA TERRACE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Grandridge Ave & Isabella Terrace 12

E X I S T I N G C O N D I T I O N S
12 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in east leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in north and
east legs
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

REPETTO ELEMENTARY
SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
No existing curb ramp

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 13: GRANDRIDGE AVE SOUTH OF BRADSHAWE AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Grandridge Ave south of
Bradshawe Ave 13

E X I S T I N G C O N D I T I O N S
13 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Midblock uncontrolled yellow ladder
crosswalk
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage for NB
direction only
✓ “Slow School Xing” pavement legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph Speed Limit signage
✓ Your Speed device for NB direction

REPETTO ELEMENTARY
SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Paint curb in red

Move School Xing
Ahead Signage next to
pavement marking
No existing curb ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 14: BRADSHAWE AVE & GRANDRIDGE AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Bradshawe Ave & Grandridge Ave

14 E X I S T I N G C O N D I T I O N S
14 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in west leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in south and west
legs
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage for SB direction
only
✓ “Slow School Xing” pavement legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph Speed Limit signage
✓ Your Speed device for SB direction
✓ School Crossing Guard
✓ On hill and curve
✓ Bus pick-up/drop-pff along Grandridge Ave

REPETTO ELEMENTARY
SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Overhead Pedestrian Signal with doubled Sided S1-1
Signage with Downward Facing Arrow on each side, R10-
3B and R10-23 Signage on existing pedestrian signal
R1-5C Stop Here for Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
R10-3B

R10-23

S1-1 &
W16-7P

Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 15: MCPHERRIN AVE & PARK AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

McPherrin Ave & Park Ave 15

E X I S T I N G C O N D I T I O N S

P R O P O S E D C O N D I T I O N S
Scale 90’
✓ STOP Controlled in west leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in south leg
leads to parking spaces on east side
✓ No “Pedestrian Crosswalk Warning”
signage
✓ No “Pedestrain Xing Ahead” signage
✓ No “Ped Xing” pavement legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps
✓ 25 mph Speed Limit signage

MCPHERRIN AVE

BARNES PARK

15 XING

PED
XING

PED
Ladder Striped Crosswalk in White High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
W11-2 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking W11-2 Sign (Pedestrian Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)

R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
White “PED XING” Pavement Legend in Highly
Reflective Paint (100 to 200 feet from Crosswalk)
Re-paint faded white “STOP” Pavement Legend and
STOP line in White High Reflective Paint
Remove existing parking spaces (6 total) and install
Bulb-Out with Pedestrian Curb Ramp
Paint curb in red

STOP
Non-ADA compliant curb
ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 16: ROSELYN PL & S RAMONA AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Roselyn Pl & S Ramona Ave 16

E X I S T I N G C O N D I T I O N S
16 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ STOP Controlled in east leg
✓ Uncontrolled in north and south leg
✓ Yellow ladder crosswalk in north leg
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage
✓ Yellow “Slow School Xing” pavement
legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

S RAMONA AVE

ROSELYN PL

ST. STEPHEN MARTYR
SCHOOL

ST O P
Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Re-paint faded white “STOP” Pavement Legend and
STOP line in High Reflective Paint
Paint curb in red
STOP
No existing curb ramps

ATTACHMENT D: Project Map/Plans Showing Existing & Proposed Conditions LOCATION 17: MCPHERRIN AVE NORTH OF NEWMARK AVE

City of Monterey Park (Sponsoring Agency) Attachment D | Active Transportation Program (ATP) Cycle 4, Part C: Application Attachments

Mcpherrin Ave north of
Newmark Ave 17

E X I S T I N G C O N D I T I O N S
17 P R O P O S E D C O N D I T I O N S
Scale 100’
✓ Midblock uncontrolled yellow ladder
crosswalk
✓ “School Crosswalk Warning” signage
✓ “School Xing Ahead” signage
✓ “Slow School Xing” pavement legends
✓ No “STOP Here for Pedestrian” signage
✓ Non-ADA compliant curb ramps

MCPHERRIN AVE

YNEZ ELEMENTARY
SCHOOL

Ladder Striped Crosswalk in Yellow High Visibility Paint (Spacing of lines selected to avoid wheel path)
Raised Pavement Markers (RPM)
Advanced Yield Lines in White Visibility Paint (20 to 50 feet from Crosswalk)
S1-1 and W16-9P Pedestrian Ahead Signage Approaching
the Crosswalk (100 to 200 feet from Crosswalk)
Solar Powered LED (36x36) Blinking S1-1 Sign (School
Crossing) with Rectangular Rapid Flashing Beacon and
(24x12) W16-7P Sign (Downward Facing Arrow) with
Pedestrian Push Button (All Signs are Double Sided)
R1-5 Yield Here to Pedestrians Sign
Construct ADA compliant pedestrian curb ramp and
install truncated domes
Yellow “SLOW SCHOOL XING” Pavement Legend in
Highly Reflective Paint (100 to 200 feet from Crosswalk) Paint curb in red

Move School Xing
Ahead Signage next to
pavement marking
ST. STEPHEN MARTYR
SCHOOL

No existing curb ramps

City Council Staff Report
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: City Hall Emergency Generator Installation – Award of Public Works Contract to PC Inc.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Appropriating $335,000 from the American Rescue Plan Act Fund for this project;

2. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with PC Inc. of Santa Maria, CA in the contract amount of $268,000 for the City Hall Emergency Generator Installation project;

3. Authorizing the Director of Public Works to approve change orders and contingency up to $40,200, or 15% of the contract amount;

4. Taking such additional, related action that may be desirable.

CEQA (California Environmental Quality Act):

The Project was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.). Additional environmental review is not required because the Project is a minor alteration to an existing public facility. Accordingly, it is Categorically Exempt as a Class 1 (Existing Facilities) project (CEQA Guidelines § 15301).

EXECUTIVE SUMMARY
Per Resolution No. 2022-R32, the Public Works Director solicited bids for the City Hall Emergency Generator Installation , Capital Improvement Project No. 95026. The public bid opening for the City Hall Emergency Generator Installation project was held on November 15, 2022. Three bids were received: Blue Ridge Mechanical, PC Inc., and Zetroc Electric. Staff recommends that the City Council authorize the City Manager to execute a Public Works contract with PC Inc. for the City Hall Emergency Generator Installation project in the amount of $268,000.00, plus 15% contingency.

BACKGROUND
The Emergency Generator at City Hall was installed in 1978, and has been routinely maintained for over 40 years. Typically, the average life span of these emergency generators is 40-45 years. During emergencies when electrical power is lost , the generator at City Hall activates automatically and stays on, providing temporary power for essential Police Department and Fire Department activities. Once power returns, the generator should automatically stop. However, staff determined the generator at City Hall Consent Calendar - 3H

Staff Report

December 7, 2022
has not been automatically shutting down and is in need of replacement. Staff contacted contractors to perform repairs but those repairs were unsuccessful. The City Hall Emergency Generator Installation consists of removal and disposal of the existing generator at City Hall, and installation of a new SD250 generator which is AQMD pre- approved and meets emissions requirements.

The public works bid was opened on November 15th, 2022, and included the following bids:

RANK BIDDER BASE BID
AMOUNT
1 Blue Ridge Mechanical $262,266
2 PC Inc. $268,000
3 Zetroc Electric $278,800
The bid submitted by Blue Ridge Mechanical was the apparent lowest bidder; however, during bid analysis it was determined the contractor did not submit required federal forms as per the bid documents. As seen on the table above, PC Inc. was the acceptable lowest bidder for the City Hall Emergency Generator Installation. Rank 3 Bidder, Zetroc Electric, submitted a concern regarding PC. Inc. generator supplier not being mentioned on their bid. The generator supplier was not mentioned since PC Inc. will be performing all portions of the work. The City Attorney and staff reviewed all documents and found it acceptable.

Staff completed its bid analysis and determined PC Inc. as being qualified and responsive bidder for this project. PC Inc. is registered with the Department of Industrial Relations, has the required insurance and bonding, is properly licensed, and is prepared to execute the City’s standard agreement for public works projects.

Staff recommends that the City Council authorize the City Manager to execute a Public Works contract with PC Inc. to complete the City Hall Emergency Generator Installation project in the amount of $268,000, plus 15% contingency.

FISCAL IMPACT
The total estimated cost for the City Hall Emergency Generator Installation Project No. 95026 is $335,000.

CIP 95026 - City Hall Emergency Generator
Contract $ 268,000
Contingency (15%) $ 40,200
Project/Construction Management (10%) $ 26,800
Estimated Project Cost $ 335,000

Staff Report

December 7, 2022
It is recommended that City Council authorize the Finance Department to appropriate $335,000 from the American Rescue Plan Act (ARPA) fund to the FY 22-23 budget, for the City Hall Emergency Generator Installation Project No. 9 5026 and project management costs.

Respectfully submitted and prepared by: Reviewed by:

Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS

1. PC. Inc Proposal

Staff Report
December 7, 2022
ATTACHMENT 1
PC. INC PROPOSAL

City Council Staff Report
DATE: December 7, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Joseph Torres, Economic Development Manager
SUBJECT: Continuation of the Public Hearing for consideration of a resolution of the City of Monterey Park City Council confirming the 2022 Annual Report and the levy of assessments for Downtown Business Improvement District No. 1 for the program year 2023.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Continuing the public hearing originally scheduled for December 7, 2022, to December 21, 2022; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

A public notice was published on November 24, 2022, in the Monterey Park Press newspaper to inform the
public of a public hearing to consider the 2023 levy of assessment fees for the Business Improvement District (BID) No 1. The Business Improvement District Advisory Committee (BIDAC) is not recommending an increase for the 2023 assessment. The public hearing and adoption of the resolution on the renewal of the assessments under consideration are required under Streets and Highways Code §§36600, et seq. The law governing BIDs provides an opportunity for all potential assessee s to protest the proposed renewal of or change to the assessments. This item is requested to continue to December 21, 2022.

Respectfully submitted by:

Joseph Torres
Economic Development Manager
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Public Hearing - 4A