Monterey Park City Council
June 21, 2023

CITY COUNCIL OF MONTEREY PARK

THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
Wednesday
June 21
, 2023
6:30 p.m.

GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.

The publi
c may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.

PUBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].

Per
the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours before a meeting.

Council Chambers are wheelchair accessible.

CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorers
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.

LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño- Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor t heir labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

Monterey Park City Council Agenda, June 21, 2023 - Page 2

PUBLIC COMMUNICATIONS:

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.

STAFF COMMUNICATIONS:
• Fire department
• Police department
• Public Work
• Recreation and Community Services

[1.] PRESENTATION

1-A. LOS ANGELES AREA REGIONAL TRAINING GROUP - VIDEO: FIRST RESPONDER PERSPECTIVES OF THE JANUARY 21, 2023 MASS SHOOTING

[2.] OLD BUSINESS – None.

[3.] CONSENT CALENDAR ITEM NOS. 3A-3L

All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

3-A. MONTHLY INVESTMENT REPORT – MAY 2023
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-B. RECOMMENDATIONS FOR ADOPTION OF FISCAL YEAR 2023-24 ANNUAL BUDGET It is recommended that the City Council consider:
(1) Adopting by Resolution the City’s and Successor Agency’s Fiscal Year 2023-2024 Annual Budget as presented on May 24, 2023;
(2) Adopting a Resolution approving the Citywide Combined Salary Schedule; and (3) Taking such additional, related, action that may be desirable.

3-C. CONTINUE TO EXTEND THE EXISTENCE OF AN EMPLOYMENT EMERGENCY FOR THE

CITY OF MONTEREY PARK
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Continuing to extend the existence of an employment emergency for the City of Monterey Park and authorizing the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment; and (3) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, June 21, 2023 - Page 3

3-D. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS’ ASSOCIATION FOR THE TERM OF JULY 1, 2023 TO JUNE 30, 2025
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 Professional Chief Officers’ Association (“MPPCOA”). The MPPCOA represents the battalion chiefs in the Monterey Park Fire Department;
(2) Continuing to extend the existence of an employment emergency for the City of Monterey Park and authorizing the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment; and (3) Taking such additional, related, action that may be desirable.

3-E. AUTHORIZING MAYOR TO SIGN LETTERS ON BEHALF OF THE CITY SUPPORTING GOVERNOR NEWSOM’S PROPOSAL FOR A 28TH AMENDMENT TO THE UNITED

STATES CONSTITUTION AND THE LANGUAGE ACCESS TO GUN VIOLENCE PREVENTION STRATEGIES ACT OF 2023; AND RECEIVING AND FILING THE FIREARM

LEGISLATIVE UPDATE REPORT
It is recommended that the City Council consider:
(1) Authorizing Mayor to sign a letter on behalf of the City supporting Governor Newsom’s proposal for a 28th Amendment to the United States Constitution to help address America’s Gun Violence Crisis;
(2) Authorizing Mayor to sign a letter on behalf of the City supporting the Language Access to Gun Violence Prevention Strategies Act of 2023;
(3) Receiving and filing the firearm legislative update report; and (4) Taking such additional, related, action that may be desirable.

3-F. WAIVE FURTHER READING AND ADOPT ZONING CODE AMENDMENT NO. 23 -01 (ZCA- 23-01), AN ORDINANCE AMENDING THE MONTEREY PARK MUNICIPAL CODE, CHAPTER 21.18, ENTITLED “AFFORDABLE HOUSING INCENTIVES – DENSITY BONUS”

TO IMPLEMENT THE MONTEREY PARK HOUSING ELEMENT
It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinance; and (2) Taking such additional, related, action that may be desirable.

3-G. WAIVE FURTHER READING AND ADOPT ORDINANCES: 1) ZONE CHANGE (ZA -23-01)

TO RE -ZONE PROPERTIES FROM THE REGIONAL SPECIALTY CENTER (R- S) ZONE

WITH THE PLANNED DEVELOPMENT OVERLAY (P- D) ZONE TO THE MARKET PLACE SPECIFIC PLAN (MPSP) ZONE; AND 2) DEVELOPMENT AGREEMENT (DA -23-01) TO

AMEND IN ITS ENTIRETY A DEVELOPMENT AGREEMENT BETWEEN MONTEREY PARK

RETAIL PARTNERS, LLC AND THE CITY OF MONTEREY PARK FOR PROP ERTIES

COLLECTIVELY OPERATING AS THE MONTEREY PARK MARKET PLACE, LOCATED AT 2000-
5500 MARKET PLACE DRIVE, ALSO IDENTIFIED BY ASSESSOR’S PARCEL NUMBERS 5275-003-024, 025, 027, 029, 030, 031, 037, AND 038 It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinances; and (2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, June 21, 2023 - Page 4

3-H. AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH

CHINATOWN SERVICE CENTER TO UTILIZE THE SIERRA VISTA COMMUNITY CENTER

AS A TEMPORARY MPK HOPE RESILIENCY CENTER TO PROVIDE MENTAL HEALTH AND WELLNESS SERVICES IN THE WAKE OF THE JANUARY 21ST SHOOTING It is recommended that the City Council consider:
(1) Authorizing the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney with Chinatown Service Center to utilize the Sierra Vista Community Center as a temporary MPK Hope Resiliency Center to provide mental health and wellness services;
(2)
Determining whether to advance the rental and janitorial costs of the Sierra Vista Community Center until Antiterrorism Emergency Assistance Program (AEAP) grant funds are disbursed; and
(3) Taking such additional, related, action that may be desirable.

3-I. CONSIDERATION OF MAP NO. 71473 FOR A SUBDIVISION OF SINGLE LOT TO

FACILITATE A FOUR- UNIT RESIDENTIAL DEVELOPMENT, LOCATED AT THE

SOUTHEAST CORNER OF SOUTH ORANGE AVE AND PEPPER STREET
It is recommended that the City Council consider:
(1) Adopting a resolution approving Parcel Map No. 71473; (2) Authorizing the City Manager to execute a Subdivision Improvement Agreement for Parcel Map No. 71473 in a form approved by the City Attorney;
(3) Authorizing the Public Works Director, or designee, to sign Parcel Map No. 71473; and (4) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (Infill Development).

3-J. BEAR ELECTRICAL SOLUTIONS – AMENDMENT NO. 1
It is recommended that the City Council consider:
(1) Authorize the City Manager to execute the First Amendment to Agreement 2183- A, in a form approved by the City Attorney, with Bear Electrical Solutions, Inc., to retroactively increase the contract amount not to exceed $668,000 and to extend the term through June 30, 2024; and
(2) Taking such additional, related, action that may be desirable.

3-K. SOUTHERN CALIFORNIA EDISON 5 -YEAR REVOCABLE SECONDARY LAND USE

LICENSE
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a 5-year Revocable Secondary Land Use License with Southern California Edison (SCE) for the City’s 14” water main from the Delta Water Treatment Plant in the amount of $1,934.08; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, June 21, 2023 - Page 5

3-L. RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF EMERGENCY

REPAIRS OF THE MONTEREY PASS ROAD WATER LINE
It is recommended that the City Council consider:
(1) Receive and File the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line; and
(2) Taking such additional, related, action that may be desirable.

[4.] PUBLIC HEARING

4-A. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION ESTABLISHING CITY -

WIDE FEES RELATED TO THE INCLUSIONARY HOUSING ORDINANCE It is recommended that the City Council consider:
(1) Continue the public hearing to the August 16, 2023 City Council meeting; and (2) Taking such additional, related, action that may be desirable.

4-B. RESOLUTION FOR THE FY2023-24 CAPITAL IMPROVEMENT PLAN It is recommended that the City Council consider:
(1) Opening a public hearing to receive documentary and testimonial evidence; (2) After closing the public hearing and considering the evidence, adopting a Resolution finding the FY2023-24 Capital Improvement Plan (“CIP”) conforms with the General Plan, Authorizing the City Engineer to Approve Plans and Specifications for Capital Improvement Projects, and Authorizing the Public Works Director to Solicit Bids for Capital Improvement Projects identified in the CIP; and
(3) Taking such additional, related, action that may be desirable.

[5.] NEW BUSINESS – None.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

[7.] FUTURE AGENDA ITEMS

[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)

ADJOURN

City Council Staff Report
DAT
E: June 21, 2023
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – May 2023
RECO
MMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

EXECU
TIVE SUMMARY:

As of May 31, 2023, invested funds for the City of Monterey Park is $87,846,698.82 BA
CKGROUND:

In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Ron Bow
City Manager
ATT
ACHMENT:

1. Monthly Investment Report
Consent Calendar - 3A

Staff Report
June 21, 2023

ATTACHMENT 1
Monthly Investment Report

INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 03/31/2023 87,846,698.82$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.430% 43,606,496.69$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 2.870% 36,395,202.13$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/22 09/03/23 2.51% 100,000
2 PREFERRED BANK 09/08/22 09/08/23 2.67% 150,000
3 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
4 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 5 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
6 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
7 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
8 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
9 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 10 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
11 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
12 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 13 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 14 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 15 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
16 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 17 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 18 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 19 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 20 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
21 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 22 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 23 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 24 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
25 WORKERS 01/27/23 01/27/25 4.70% 245,000
26 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 27 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
28 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
29 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
30 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 31 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 32 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000
33 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 Total CDs (33) 3.149% 7,845,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
11,685,106.88$
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 3.101%

THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.

INTEREST EARNINGS FOR 2nd QTR 2022-2023 528,767.96$
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
MAY 31, 2023

Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 04/30/23
At Cost 57,471,282,565$ 302,280,161$
At Market 55,011,163,561$ 280,052,503$
Repurchase Agreements -$ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:

Certificates of Deposit 5.22% 0.00%
United States Government
and Agency Obligations 67.73% 85.53%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 26.99% 0.00%
Municipal Obligations 0.04% 0.82%
Corporate and Deposit Notes 0.02% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 13.65%
1-60 days 40.29% 0.00%
61 days-1 year 23.75% 27.25%
Over 1 year 35.96% 72.75%
Weighted Average Days to Maturity 718

POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF APRIL 30, 2023

SCHEDULE A

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Recommendations for Adoption of Fiscal Year 2023-24 Annual Budget RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting by Resolution the City’s and Successor Agency’s Fiscal Year 2023- 2024 Annual Budget as presented on May 24, 2023;

2. Adopting a Resolution approving the Citywide Combined Salary Schedule; and

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

EXECUTIVE SUMMARY:

On May 24, 2023, the City Council conducted a public budget workshop regarding the City’s current finances, projected revenues, and financial obligations. The budget for FY 2023-2024 presents a spending plan that anticipates $ 145.5 million in estimated operating revenues a nd transfers-in; $27.5 million from grant advancements and fund balance from all funds combined; and $173 million in operating, and capital improvements expenditures and transfers -out. Financial matters, includ ed the addition of staff , the American Rescue Program Act funds, Community Development Department projects, the Citywide compensation study, and all other goals and objectives associated with the City budget, were presented and discussed at the workshop.

In addition, the City Council’s fiscal year 20 23-2024 Strategic Plan Goals were added to the budget document to provide a roadmap for prioritizing implementation of the specific objectives that will be focused on during the budget cycle.

BACKGROUND:

Strategic planning is a method by which the City Council plans and prioritizes its goals in a transparent and accountable manner. At a public meeting held on April 8, 2023, the City Council and City’s management team met to discuss fiscal year 2023 -2024 City Council priorities and strategic plan goals. The Strategic Plan goals enables the City to efficiently move the community forward by focusing on specific objectives during the fiscal year. The Strategic Plan goals can be found on page B12 (and are also listed belo w) of the fiscal year 2023 -24 budget book and serves as a roadmap to guide the City’s vision and helps to prioritize objective implementation. The City Council and staff uses th e Plan’s goals to align limited resources with prioritized initiatives, which connect to a broader vision for our community’s future.

Consent Calendar - 3B

Staff Report

June 21, 2023

The Fiscal Year 2023-2024 Strategic Plan goals include:
❖ Sustainability
❖ Housing
❖ Public Safety & Homelessness
❖ MPK Healing – Community support resulting from the shooting incident ❖ City Property/Facilities
❖ Public Communications
❖ Economic Development
❖ Civic Engagement

On May 24, 2023, City Council conducted a public budget workshop wherein FY 2023-24 estimated revenues presented were $145.5 million, grant advancements and fund balance were $27.5 million, and expenditures were $173 million. The workshop included discussions on the addition of staff to the City’s employee roster, the American Rescue Program Act funds and general fund supplement , the rebuilding of Community Development Department and its projects, the Citywide compensation study, and all other goals and objectives associated with the City budget.

The Citywide compensation study was presented to Council on April 5, 2023 in a receive and file staff report. The FY 2023 -2024 proposed budget includes cost associated with bringing employee salaries below the median to the recommended median. Since most bargaining units are currently under negotiation, it is recommended that the attached combined salary schedule be approved to include adjusting hourly rates for the part-time classifications due to the state minimum wage increases over the past few year s which has caused compaction with other part -time positions and bringing Executive and unrepresented management to an average median. The City increased hourly rates for the specific positions that were be low the minimum wage by hiring the new staff at a higher step in the salary range. By not adjusting the entire part-time salary ranges, over the past two years it has caused compaction for entry level part -time positions making similar hourly rates as ski lled level part-time positions. For example, a new Recreation Leader (no experience required) starts at $15.74/hr. based on the current salary schedule and rate that is above minimum wage of $15.50/hr. and a new Senior Lifeguard (who is required to have a t least two certifications and experience to instruct swimming classes to be qualified as a Senior lifeguard) starts at $15.58/hr. Taking this action will assist with compaction issues and the negotiations of the remaining bargaining units . It will take affect the first full pay period after July 1, 2023.

Therefore, t he City’s FY 2023-2024 Operating, Debt and Capital Budget total is $ 173 million of which $ 61.8 million is in the General Fund , $ 27 million is for capital improvements and $ 2.2 is for the Successor Agency enforceable obligations and administration costs. A careful and methodical approach was taken in preparing the budget consistent with City Council’s practice to exercise fiscal prudence with funding requests and the preservati on of the General Fund reserves. Departmental budget

Staff Report

June 21, 2023
requests were scrutinized considering essential operational needs and limiting the ongoing demand on the City’s finances. This operating budget takes the stance of status quo with escalations only where the cost-of-service delivery has increased and where a need for additional services has been identified.

FISCAL IMPACT:

The FY 2023-2024 citywide budget is estimated to be $173 million, with a General Fund Budget of $61.8 million (net of transfers).

Respectfully submitted by:

Martha Garcia
Director of Finance
Approved by: Reviewed by:

Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:

1. Budget Adoption Resolution

2. Comprehensive Salary Schedule and Resolution

Staff Report
June 21, 2023

ATTACHMENT 1
Budget Adoption Resolution

T1

RESOLUTION NO.

A RESOLUTION ADOPTING THE FISCAL YEAR 2023-2024 FINAL

OPERATING, DEBT AND CAPITAL BUDGET FOR THE CITY OF
MONTEREY PARK ; THE SUCCESSOR AGENCY TO THE MONTEREY
PARK REDEVELOPMENT AGENCY ; T HE MONTEREY PARK FINANCING AUTHORITY; THE MONTEREY PAR K HOUSING AUTHORITY ; AND THE

GEOLOGIC HAZARD ABATEMENT DISTRICT

The City Council for the City of Monterey Park and the City Council acting on behalf of the Successor Agency (collectively referred to, for convenience, as the “City”) does resolve as follows:

SECTION 1: FINDINGS. The City Council finds and declares as follows:

A. The City Council reviewed the proposed final Operatin g and Debt Budget (“Budget”) for the City and Capital Improvement Plan (“CIP”) for fiscal year 2023-2024;

B. The Budget and CIP are based u pon appropriate estimates and financial planning for the City’s operations, debt and capital improvements;

C. The City Council conducted public study sessions on May 24, 2023;

D. The City Council is fully informed regarding the City’s current finances, projected revenue, and financial obligations; and

E. It is in the public interest for the City Council to adopt the Budget an d CIP as proposed by the City Manager.

SECTION 2: Adoption. The Budget and the Capital Improvement Projects as incorporated by reference to this Re solution are approved and adopted subject only to the auth orizations set forth below. Such approval and adoption incl udes, without limitation, the Position Control Listing of Authorized Positions, Classification and Compensation Plans set forth in the Bud get which recognizes new classifications and removes unused classifications.

SECTION 3: Appropriations Limit.

A. Article XIIIB o f the California Constitution requires the City to set its Appropriations Limit on an annual basis;

B. The City’s Appropriations Limit may b e adjusted annually based upon inflation and population growth.

C. The City Council may choose the method of calculating adjustments to the City’s Appropriations Limit on an annual basis. For inflation, pursuant to Article XIIIB, § 8(e)(2), adjustments to t he Appropriations Limit may be

Resolution No.

June 21, 2023
T2

calculated using either the percentage change in per capita personal income from the pr eceding year or the percentage change in the local assessment roll from the preceding year because of local nonresidential new construction. For population growth, pursuant to Government Code § 7901(b), the City may either use the percentage growth either in its jurisdiction or from the surrounding county.

D. Pursuant to Article XIIIB of the California Constitution, and those Government Code sections adopted pursuant to Article XIIIB, § 8(f), the City Council chooses to adjust the City’s Appropriations Limit by calculating inflation using the California per capita personal income growth and calculating population growth by using the percentage change in population in Los Angeles County.

E. As a result of the adjustments made to the City’s Appropriations Limit, the City Council sets the Appropriations Limit for fiscal year 2023-2024 at $109.5 million.

SECTION 4: Budget Appropriations. Based upon the Budget , the total General Fund operating budget, including transfers, is $61.8 million. The Overall City Budget is $173 million including Capital Improvement Projects. The City Manager, or designee, is authorized to implement the appropriations for City Departments.

SECTION 5: CIP Appropriations . Based upon the CIP, a total of $27 million is appropriated for capital improvement proje cts for fiscal year 2023-2024. The City Manager, or designee, is authorized to implement the CIP.

SECTION 6: Reappropriation. The City Manager, o r designee, is authorized to reappropriate any unused appropriations for capital projects, special projects, and grant programs at the close of fiscal year 2023-2024 for the Budget and CIP.

SECTION 7: Fund Operating Reserves . The City Manager, or designee, may appropriate any remaining revenues at the close of fiscal year 2023-2024 into the applicable Fund operating reserve per Go vernmental Accounting Standards Board (GASB) Statement No. 54.

SECTION 8: Budget Adjustments . The Budget may be subsequently adjusted as follows:

A. By majority vote of the City Council;

B. By the City Manager , or designee, for all appropriation transfers between programs and sections within a City department and between appropriation units (e.g., salaries and benefits, services and supplies, and capital outlay) within programs;

Resolution No.

June 21, 2023
T3

C. Objects code expenditures within appropriation units in a program are not

restricted so l ong as funding is available in the appropriation unit as a whole.

SECTION 9: Contracting Authority.

A. Pursuant to Monterey Park Municipal Code (“MPMC”) Chapter 3.20, the City Manager, or designee, is authorized to bid and award contracts for the equipment, supplies, and services approved in the Budget.

B. Pursuant to MPMC § 3.90.050(c) , t he City Manager or designee, is authorized to execute all contracts awarded for equipment, supplies, and services approved in the Budget.

C. For all other services, equipment, and suppl ies, the City Manager or designee, is authorized to execute contracts in accordance with the MPMC.

SECTION 3: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signa tures will be treated in all respects as having the same effect as an original signature.

SECTION 4: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Pa rk and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 5: Effective Date . This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 21th day of June 2023.

____________________________
Jose Sanchez, Mayor
ATTEST:

____________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

____________________________
Justin A. Tamayo, Deputy City Attorney

Staff Report
June 21, 2023

ATTACHMENT 2
Comprehensive Salary Schedule and Resolution

RESOLUTION NO.

A RESOLUTION APPROVING THE CITY OF MONTEREY PARK SALARY SCHEDULE FOR FISCAL YEAR 2023-24
The City Council for the City of Monterey Park does resolve as follows:

SECTION 1: Recitals. The City Council finds and declares:

A. The City Council has approved Memorandums of Understanding (MOUs) with each City Association including salary schedules;
B. The City has compiled the salary schedules from the different MOUs to create the publicly available combined salary schedule; C. The City completed a citywide compensation study.The combined salary schedule includes bringing executive management and the unrepresented management to an average median; and
D. The combined salary schedule also includes adjusting hourly rates for part-time classifications due to state minimum wage increases over the past few years which has caused compaction with other part-time positions.

SECTION 2: Approval. Pursuant to the Public Employees’ Pension Reform Action of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR), the Council approves the City of Monterey Park Comprehensive Salary Schedule attached as Exhibit “A,” and incorporated by reference.

SECTION 3: Authority. The City Manager is authorized to publish the City of Monterey Park Comprehensive Salary Schedule.

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: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

Resolution No.

PASSED, AND ADOPTED this 21st day of June 2023.
__________________________
Jose Sanchez, Mayor
ATTEST:
_________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY
_____________________
Justin A. Tamayo, Deputy City Attorney

City of Monterey Park Salary Schedule
Updated June 13, 2023
Exhibit A
Monthly Compensation
$500
$500
$500
Bargaining Unit Effective Date Salary
Contract 8/1/2022 $226,830
Bargaining Unit Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 SEIU 1/1/2023 $3,686 $3,778 $3,872 $3,969 $4,068 $4,170 $4,274 $4,381 $4,491 $4,715 SEIU 1/1/2023 $5,317 $5,450 $5,586 $5,726 $5,869 $6,016 $6,166 $6,320 $6,479 $6,802 SEIU 1/1/2023 $4,638 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $5,513 $5,650 $5,933 Confidential 1/7/2023 $4,637 $4,754 $4,872 $4,993 $5,117 $5,247 $5,378 $5,512 $5,650 $5,932 Unrepresented/At-Will 1/7/2023 $9,551 $9,791 $10,034 $10,285 $10,542 $10,807 $11,076 $11,353 $11,638 $12,219 Confidential 1/7/2023 $4,409 $4,519 $4,632 $4,748 $4,867 $4,988 $5,112 $5,241 $5,371 $5,641 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 SEIU 1/1/2023 $4,021 $4,121 $4,224 $4,330 $4,438 $4,549 $4,663 $4,779 $4,899 $5,144 SEIU 1/1/2023 $5,167 $5,296 $5,428 $5,564 $5,703 $5,845 $5,992 $6,141 $6,295 $6,610 Mid-Management 1/7/2023 $10,082 $10,333 $10,591 $10,856 $11,126 $11,405 $11,691 $11,983 $12,282 $12,897 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 SEIU 1/1/2023 $4,850 $4,971 $5,096 $5,223 $5,354 $5,488 $5,625 $5,765 $5,909 $6,206 SEIU 1/1/2023 $5,474 $5,611 $5,752 $5,895 $6,043 $6,194 $6,349 $6,507 $6,670 $7,004 Mid-Management 1/7/2023 $8,402 $8,612 $8,828 $9,048 $9,275 $9,506 $9,744 $9,988 $10,237 $10,749 SEIU 1/1/2023 $6,215 $6,370 $6,529 $6,693 $6,860 $7,031 $7,207 $7,387 $7,572 $7,951 SEIU 1/1/2023 $4,029 $4,130 $4,233 $4,339 $4,448 $4,559 $4,673 $4,790 $4,909 $5,155 SEIU 1/1/2023 $6,124 $6,277 $6,434 $6,595 $6,759 $6,928 $7,102 $7,279 $7,461 $7,834 Mid-Management 1/7/2023 $8,887 $9,108 $9,336 $9,569 $9,808 $10,054 $10,306 $10,562 $10,826 $11,368 SEIU 1/1/2023 $4,773 $4,892 $5,015 $5,140 $5,269 $5,400 $5,535 $5,674 $5,815 $6,106 SEIU 1/1/2023 $3,686 $3,778 $3,872 $3,969 $4,068 $4,170 $4,274 $4,381 $4,491 $4,715 SEIU 1/1/2023 $4,638 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $5,513 $5,650 $5,933 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 SEIU 1/1/2023 $5,945 $6,093 $6,246 $6,402 $6,562 $6,726 $6,894 $7,067 $7,243 $7,605 Mid-Management 1/7/2023 $7,278 $7,460 $7,646 $7,837 $8,032 $8,234 $8,440 $8,651 $8,866 $9,311 SEIU 1/1/2023 $5,167 $5,296 $5,428 $5,564 $5,703 $5,845 $5,992 $6,141 $6,295 $6,610 SEIU 1/1/2023 $4,893 $5,016 $5,141 $5,270 $5,401 $5,536 $5,675 $5,817 $5,962 $6,260 SEIU 1/1/2023 $5,052 $5,178 $5,307 $5,440 $5,576 $5,715 $5,858 $6,005 $6,155 $6,463 SEIU 1/1/2023 $4,175 $4,279 $4,386 $4,496 $4,608 $4,723 $4,841 $4,962 $5,086 $5,341 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 SEIU 1/1/2023 $4,869 $4,991 $5,116 $5,244 $5,375 $5,509 $5,647 $5,788 $5,933 $6,230 SEIU 1/1/2023 $4,014 $4,115 $4,217 $4,323 $4,431 $5,442 $4,655 $4,772 $4,891 $5,135 SEIU 1/1/2023 $4,514 $4,627 $4,742 $4,861 $4,983 $5,107 $5,235 $5,366 $5,500 $5,775 Mid-Management 1/7/2023 $6,835 $7,005 $7,180 $7,359 $7,544 $7,732 $7,929 $8,123 $8,327 $8,743 SEIU 1/1/2023 $4,773 $4,892 $5,015 $5,140 $5,269 $5,400 $5,535 $5,674 $5,815 $6,106 SEIU 1/1/2023 $5,624 $5,765 $5,909 $6,056 $6,208 $6,363 $6,522 $6,685 $6,852 $7,195 Mid-Management 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 Mid-Management 1/7/2023 $6,524 $6,687 $68,545 $7,026 $7,201 $7,382 $7,566 $7,755 $7,948 $8,345 SEIU 1/1/2023 $4,014 $4,115 $4,217 $4,323 $4,431 $4,542 $4,655 $4,772 $4,891 $5,135 SEIU 1/1/2023 $2,707 $2,774 $2,844 $2,915 $2,988 $3,062 $3,139 $3,217 $3,298 $3,463 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Elected Official
City Council
City Clerk
City Treasurer
Job Classification
City Manager
Job Classification
Account Clerk
Accountant
Administrative Aide (Non-Confidential)
Administrative Aide
Administrative Secretary
Administrative Manager

FULL-TIME SALARY SCHEDULE
Adult Literacy Coordinator
Animal Services Officer
Animal Services Supervisor
Assistant City Engineer
Assistant City Manager
Assistant Deputy City Clerk
Assistant Planner
Assistant to City Manager
Associate Planner
Auto Shop Technician
Building Inspector
Building Official
Building Trades Technician
Child Care Assistant
Child Care Coordinator
City Librarian
Civil Engineering Assistant
Civil Engineering Associate
Cross Connection Control Inspector
Deputy City Clerk
Deputy Fire Marshal
Dial-A-Ride Dispatcher
Dial-A-Ride Driver
Director of Community & Economic Development
Director of Human Resources & Risk Management
Director of Management Services
Civil Engineering Technician
Code Enforcement Officer
Communication Dispatcher
Communications Dispatcher Trainee
Community Communications Coordinator
Community Service Officer
Consumer Service Representative
Consumer Services Supervisor
Crew Leader
Communications Supervisor
Director of Public Works
Director of Recreation & Community Services

City of Monterey Park Salary Schedule
Updated June 13, 2023
Exhibit A
Bargaining Unit Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10Job Classification Fire Management 7/9/2022 $10,774 $11,320 $11,892 $12,494 $13,118 - - - - - Mid-Management 1/7/2023 $8,123 $8,328 $8,535 $8,749 $8,967 $9,192 $9,421 $9,657 $9,898 $10,394 SEIU 1/1/2023 $5,945 $6,093 $6,246 $6,402 $6,562 $6,726 $6,894 $7,067 $7,243 $7,605 SEIU 1/1/2023 $5,167 $5,296 $5,428 $564 $5,703 $5,845 $5,992 $6,141 $6,295 $6,610 SEIU 1/1/2023 $4,773 $4,892 $5,015 $5,140 $5,269 $5,400 $5,535 $5,674 $5,815 $6,106 SEIU 1/1/2023 $4,029 $4,130 $4,233 $4,339 $4,448 $4,559 $4,673 $4,790 $4,909 $5,155 SEIU 1/1/2023 $4,334 $4,442 $4,553 $4,667 $4,784 $4,904 $5,026 $5,152 $5,281 $5,545 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 Unrepresented/At-Will 1/7/2023 $10,406 $10,665 $10,932 $11,205 $11,486 $11,772 $12,067 $12,369 $12,677 $13,312 Financial Analyst Mid-Management 1/8/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 Firefighters 10/1/2022 $8,114 $8,521 $8,946 $9,394 $9,863 $10,356 $10,874 - - - Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Firefighters 10/1/2022 $6,965 $7,313 $7,679 $8,063 $8,466 $8,889 $9,334 - - - Mid-Management 1/7/2023 $8,771 $8,991 $9,215 $9,446 $9,682 $9,924 $10,172 $10,426 $10,687 $11,221 SEIU 1/1/2023 $4,410 $4,520 $4,633 $4,749 $4,868 $4,989 $5,114 $5,242 $5,373 $5,642 SEIU 1/1/2023 $5,802 $5,947 $6,095 $6,248 $6,404 $6,564 $6,728 $6,896 $7,069 $7,422 Firefighters 10/1/2022 $6,019 $6,320 $6,636 $6,967 $7,315 $7,681 $8,065 - - - Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 Mid-Management 1/7/2023 $7,277 $7,459 $7,645 $7,836 $8,031 $8,232 $8,439 $8,649 $8,865 $9,308 Confidential 1/7/2023 $6,458 $6,621 $6,786 $6,955 $7,130 $7,308 $7,492 $7,679 $7,870 $8,263 Confidential 1/7/2023 $5,488 $5,624 $5,765 $5,908 $6,056 $6,208 $6,364 $6,523 $6,685 $7,021 Unrepresented/At-Will 9/9/2021 $10,232 $10,487 $10,749 $11,018 $11,294 $11,575 $11,866 $12,162 $12,465 $13,089 Confidential 1/7/2023 $4,778 $4,898 $5,021 $5,145 $5,275 $5,406 $5,541 $5,679 $5,821 $6,113 Confidential 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 Unrepresented/At-Will 1/7/2023 $10,232 $10,487 $10,749 $11,018 $11,294 $11,575 $11,866 $12,162 $12,465 $13,089 SEIU 1/1/2023 $4,893 $5,016 $5,141 $5,270 $5,401 $5,536 $5,675 $5,817 $5,962 $6,260 SEIU 1/1/2023 $5,802 $5,947 $6,095 $6,248 $6,404 $6,564 $6,728 $6,896 $7,069 $7,422 SEIU 1/1/2023 $4,029 $4,130 $4,233 $4,212 $4,317 $4,425 $4,536 $4,649 $4,765 $5,004 SEIU 1/1/2023 $4,243 $4,349 $4,458 $4,569 $4,683 $4,800 $4,920 $5,044 $5,170 $5,428 Mid-Management 1/7/2023 $6,290 $6,448 $6,609 $6,774 $6,943 $7,117 $7,295 $7,477 $7,664 $8,048 SEIU 1/1/2023 $2,707 $2,774 $2,844 $2,915 $2,988 $3,062 $3,139 $3,217 $3,298 $3,463 SEIU 1/1/2023 $5,490 $5,627 $5,767 $5,912 $6,059 $6,211 $6,366 $6,525 $6,688 $7,022 SEIU 1/1/2023 $5,474 $5,611 $5,752 $5,895 $6,043 $6,194 $6,349 $6,507 $6,670 $7,004 SEIU 1/1/2023 $4,207 $4,312 $4,420 $4,531 $4,644 $4,760 $4,879 $5,001 $5,126 $5,382 SEIU 1/1/2023 $3,686 $3,778 $3,872 $3,969 $4,068 $4,170 $4,274 $4,381 $4,491 $4,715 SEIU 1/1/2023 $4,207 $4,312 $4,420 $4,531 $4,644 $4,760 $4,879 $5,001 $5,126 $5,382 SEIU 1/1/2023 $3,835 $3,931 $4,029 $4,130 $4,233 $4,339 $4,448 $4,559 $4,673 $4,907 SEIU 1/1/2023 $4,410 $4,520 $4,633 $4,749 $4,868 $4,989 $5,114 $5,242 $5,373 $5,642 SEIU 1/1/2023 $5,284 $5,416 $5,551 $5,690 $5,831 $5,977 $6,127 $6,281 $6,437 $6,759 SEIU 1/1/2023 $4,773 $4,892 $5,015 $5,140 $5,269 $5,400 $5,535 $5,674 $5,815 $6,106 SEIU 1/1/2023 $4,438 $4,549 $4,663 $4,779 $4,899 $5,021 $5,147 $5,275 $5,407 $5,678 SEIU 1/1/2023 $3,835 $3,931 $4,029 $4,130 $4,233 $4,339 $4,448 $54,559 $4,673 $4,907 Mid-Management 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 Confidential 1/7/2023 $4,872 $4,993 $5,117 $5,246 $5,377 $5,512 $5,650 $5,790 $5,935 $6,232 SEIU 1/1/2023 $4,410 $4,520 $4,633 $4,749 $4,868 $4,989 $5,114 $5,242 $5,373 $5,642 SEIU 1/1/2023 $4,893 $5,016 $5,141 $5,270 $5,401 $5,536 $5,675 $5,817 $5,962 $6,260 SEIU 1/1/2023 $6,556 $6,720 $6,888 $7,060 $7,237 $7,418 $7,603 $7,793 $7,988 $8,388 Unrepresented/At-Will 1/7/2023 $9,642 $9,882 $10,130 $10,383 $10,643 $10,909 $11,182 $11,461 $11,747 $12,335 SEIU 1/1/2023 $4,638 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $5,513 $5,650 $5,933 Confidential 1/7/2023 $4,187 $4,291 $4,398 $4,509 $4,621 $4,736 $4,842 $4,977 $5,101 $5,356 Police Captains 10/15/2022 $13,785 $14,483 $15,217 $15,988 $16,786 - - - - - Executive Management 7/1/2023 $12,911 - - - - - - - - $20,470 Confidential 1/7/2023 $4,409 $4,519 $4,632 $4,748 $4,867 $4,988 $5,112 $5,241 $5,371 $5,641 Division Chief
Economic Development Project Manager
Economic Development Specialist
Electrician
Equipment Mechanic
Equipment Service Specialist
Evidence Officer
Facilities Maintenance Supervisor
Finance Manager
Fire Captain
Fire Chief
Fire Engineer
Fire Marshall
Fire Prevention Permit Technician
Fire Safety Specialist
Firefighter
Fleet Maintenance Supervisor
Housing Program & Grant Admin Coordinator
Human Resources Analyst
Human Resources Assistant
Human Resources/Risk Manager
Human Resources Technician
Information Systems Specialist
Information Technology Services Manager
Irrigation Specialist
Information Technology Technician I
Information Technology Technician II
Jailer
Janitor
Lead Equipment Mechanic
Librarian
Library Circulation Service Supervisor
Library Clerk
Library Technician
Maintenance Worker
Management Aide
Jail Supervisor
Management Analyst
Park Maintenance Crew Leader
Park Maintenance Lead Worker
Park Maintenance Worker
Park Superintendent
Park Supervisor
Payroll Technician
Permit Technician I
Permit Technician II
Plan Checker
Planning Manager
Police Administrative Assistant
Police Captain
Police Chief
Police Chief's Secretary
Planning Technician

City of Monterey Park Salary Schedule
Updated June 13, 2023
Exhibit A
Bargaining Unit Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10Job Classification SEIU 1/1/2023 $3,726 $3,819 $3,914 $4,012 $4,113 $4,215 $4,321 $4,429 $4,540 $4,767 POA 8/20/2022 $7,559 $7,937 $8,334 $8,750 $9,188 - - - - - Police Mid-Management 10/15/2022 $11,379 $11,948 $12,545 $13,172 $13,831 - - - - - POA 8/20/2022 $7,009 $7,361 $7,730 $8,115 $8,521 - - - - - SEIU 1/1/2023 $4,853 - - - - - - - - -
SEIU 1/1/2023 $4,893 $5,016 $5,141 $5,270 $5,401 $5,536 $5,675 $5,817 $5,962 $6,260 Mid-Management 1/7/2023 $7,997 $8,197 $8,402 $8,611 $8,826 $9,047 $9,273 $9,505 $9,743 $10,231 Police Mid-Management 10/15/2022 $9,345 $9,812 $10,302 $10,817 $11,358 - - - - - SEIU 1/1/2023 $3,835 $3,931 $4,029 $4,130 $4,233 $4,339 $4,448 $4,559 $4,673 $4,907 Unrepresented/At-Will 1/7/2023 $8,295 $8,503 $8,715 $8,933 $9,155 $9,384 $9,620 $9,860 $10,106 $10,611 Mid-Management 1/7/2023 $7,277 $7,459 $7,645 $7,836 $8,031 $8,232 $8,439 $8,649 $8,865 $9,308 SEIU 1/1/2023 $4,638 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $5,513 $5,650 $5,933 SEIU 1/1/2023 $5,478 $5,615 $5,755 $5,899 $6,046 $6,197 $6,352 $6,511 $6,674 $7,008 Mid-Management 1/7/2023 $9,551 $9,791 $10,034 $10,285 $10,542 $10,807 $11,076 $11,353 $11,638 $12,219 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 SEIU 1/1/2023 $4,638 $4,753 $4,872 $4,994 $5,119 $5,247 $5,378 $5,513 $5,650 $5,933 Unrepresented/At-Will 1/7/2023 $8,533 $8,746 $8,965 $9,189 $9,419 $9,654 $9,896 $10,143 $10,397 $10,917 Mid-Management 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 Mid-Management 1/7/2023 $6,290 $6,448 $6,609 $6,774 $6,943 $7,117 $7,295 $7,477 $7,664 $8,048 Mid-Management 1/7/2023 $7,628 $7,819 $8,015 $8,214 $8,420 $8,631 $8,846 $9,068 $9,294 $9,759 SEIU 1/1/2023 $4,410 $4,520 $4,633 $4,749 $4,868 $4,989 $5,114 $5,242 $5,373 $5,642 Confidential 1/7/2023 $5,488 $5,624 $5,765 $5,908 $6,056 $6,208 $6,364 $6,523 $6,685 $7,021 SEIU 1/1/2023 $4,410 $4,520 $4,633 $4,749 $4,868 $4,989 $5,114 $5,242 $5,373 $5,642 Mid-Management 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 Unrepresented/At-Will 1/7/2023 $8,533 $8,746 $8,965 $9,189 $9,419 $9,654 $9,896 $10,143 $10,397 $10,917 SEIU 1/1/2023 $3,686 $3,778 $3,872 $3,969 $4,068 $4,170 $4,274 $4,381 $4,491 $4,715 Mid-Management 1/7/2023 $6,409 $6,569 $6,733 $6,902 $7,074 $7,251 $7,433 $7,618 $7,808 $8,199 SEIU 1/1/2023 $4,021 $4,121 $4,224 $4,330 $4,438 $4,549 $4,663 $4,779 $4,899 $5,144 SEIU 1/1/2023 $4,175 $4,279 $4,386 $4,496 $4,608 $4,723 $4,841 $4,962 $5,086 $5,341 SEIU 1/1/2023 $6,215 $6,370 $6,529 $6,693 $6,860 $7,031 $7,207 $7,387 $7,572 $7,951 Confidential 1/7/2023 $6,183 $6,388 $6,496 $6,659 $6,825 $6,996 $7,171 $7,351 $7,535 $7,911 Mid-Management 1/7/2023 $7,628 $7,819 $8,015 $8,214 $8,420 $8,631 $8,846 $9,068 $9,294 $9,759 SEIU 1/1/2023 $5,624 $5,765 $5,909 $6,056 $6,208 $6,363 $6,522 $6,685 $6,852 $7,195 Mid-Management 1/7/2023 $6,290 $6,448 $6,609 $6,774 $6,943 $7,117 $7,295 $7,477 $7,664 $8,047 Mid-Management 1/7/2023 $6,960 $7,134 $7,314 $7,496 $7,683 $7,875 $8,073 $8,273 $8,481 $8,904 SEIU 1/1/2023 $5,624 $5,765 $5,909 $6,056 $6,208 $6,363 $6,522 $6,685 $6,852 $7,195 SEIU 1/1/2023 $4,853 $4,975 $5,099 $5,226 $5,357 $5,491 $5,628 $5,769 $5,913 $6,209 Mid-Management 1/7/2023 $6,835 $7,005 $7,180 $7,359 $7,544 $7,732 $7,929 $8,123 $8,327 $8,743 Mid-Management 1/7/2023 $6,835 $7,005 $7,180 $7,359 $7,544 $7,732 $7,929 $8,123 $8,327 $8,743 Mid-Management 1/7/2023 $6,835 $7,005 $7,180 $7,359 $7,544 $7,732 $7,929 $8,123 $8,327 $8,743 SEIU 1/1/2023 $4,853 $4,975 $5,099 $5,226 $5,357 $5,491 $5,628 $5,769 $5,913 $6,209 SEIU 1/1/2023 $4,097 $4,199 $4,304 $4,412 $4,522 $4,635 $4,751 $4,870 $4,991 $5,241 Unrepresented/At-Will 3/1/2023 $10,232 $10,487 $10,749 $11,018 $11,294 $11,575 $11,866 $12,162 $12,465 $13,089 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $30.08 $30.83 $31.60 $33.18 $34.84 $36.58 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $17.00 $17.43 $17.86 $18.75 $19.69 $20.68 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $22.70 $23.27 $23.85 $25.04 $26.29 $27.61 Unrepresented/At-Will 7/1/2023 $30.08 $30.83 $31.60 $33.18 $34.84 $36.58 Unrepresented/At-Will 7/1/2023 $24.23 $24.84 $25.46 $26.73 $28.07 $29.47 Police Clerk
Police Corporal
Police Lieutenant
Police Officer
Police Officer Recruit
Police Records Management Technician
Police Records/Dispatch Communication Manager
Police Sergeant
Pool Maintenance Worker
Principal Management Analyst
Program Coordinator
Principal Human Resources Analyst
Public Works Inspector
Public Works Maint. Manager
Public Works Maint. Supv.

Public Works Technician
Recreation Manager
Recreation Superintendent
Recreation Supervisor
Redevelopment Project Manager
Secretary (non-conf)
Records Supervisor
Secretary to City Manager
Senior Account Clerk (Non-Confidential)
Senior Accountant
Senior Clerk Typist (Non-Confidential)
Senior Librarian
Senior Library Clerk
Senior Maintenance Worker
Senior Management Analyst (Non-Confidential)
Senior Management Analyst
Senior Civil Engineer
Water Operations Supervisor
Water Production Supervisor
Water Production System Operator
Water Utility Maintenance Worker
Water Utility Manager
Account Clerk
Accountant
Senior Planner
Senior Water Production System Operator
Special Events Manager
Transportation Program Manager
Water Distribution Crew Supervisor
Water Distribution Lead Worker
Water Distribution Supervisor

PART-TIME SALARY SCHEDULE
Administrative Aide
Administrative Intern I
Administrative Intern II
Animal Services Officer
Assistant Planner
Assistant Pool Manager
Administrative Assistant

City of Monterey Park Salary Schedule
Updated June 13, 2023
Exhibit A
Bargaining Unit Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10Job Classification Unrepresented/At-Will 7/1/2023 $75.00 - - - - -
Unrepresented/At-Will 7/1/2023 $34.64 $35.51 $36.39 $38.21 $40.12 $42.13 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $17.51 $17.95 $18.40 $19.32 $20.28 $21.30 Unrepresented/At-Will 7/1/2023 $41.99 $43.04 $44.12 $46.32 $48.64 $51.07 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $15.84 $16.24 $16.64 $17.47 $18.35 $19.27 Unrepresented/At-Will 7/1/2023 $24.23 $24.84 $25.46 $26.73 $28.07 $29.47 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $17.51 $17.95 $18.40 $19.32 $20.28 $21.30 Unrepresented/At-Will 7/1/2023 $18.34 $18.80 $19.27 $19.75 $20.24 $20.75 Unrepresented/At-Will 7/1/2023 $28.58 $29.29 $30.03 $31.53 $33.10 $34.76 Unrepresented/At-Will 7/1/2023 $34.64 $35.51 $36.39 $38.21 $40.12 $42.13 Unrepresented/At-Will 7/1/2023 $16.34 $16.75 $17.17 $17.60 $18.04 $18.49 Unrepresented/At-Will 7/1/2023 $30.08 $30.83 $31.60 $33.18 $34.84 $36.58 Unrepresented/At-Will 7/1/2023 $18.98 $19.45 $19.94 $20.94 $21.98 $23.08 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $23.38 $23.97 $24.56 $25.79 $27.08 $28.44 Unrepresented/At-Will 7/1/2023 $24.96 $25.58 $26.22 $27.53 $28.91 $30.35 Unrepresented/At-Will 7/1/2023 $30.08 $30.83 $31.60 $33.18 $34.84 $36.58 Unrepresented/At-Will 7/1/2023 $36.98 $37.90 $38.85 $40.79 $42.83 $44.98 Unrepresented/At-Will 7/1/2023 $28.58 $29.29 $30.03 $31.53 $33.10 $34.76 Unrepresented/At-Will 7/1/2023 $45.00 - - - - $75.00
Unrepresented/At-Will 7/1/2023 $75.00 - - - - $125.00
Unrepresented/At-Will 7/1/2023 $50.41 $51.67 $52.96 $54.28 $55.64 $57.03 Unrepresented/At-Will 7/1/2023 $24.96 $25.58 $26.22 $27.53 $28.91 $30.35 Unrepresented/At-Will 7/1/2023 $34.64 $35.51 $36.39 $38.21 $40.12 $42.13 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $24.96 $25.58 $26.22 $27.53 $28.91 $30.35 Unrepresented/At-Will 7/1/2023 $17.51 $17.95 $18.40 $19.32 $20.28 $21.30 Unrepresented/At-Will 7/1/2023 $36.98 $37.90 $38.85 $40.79 $42.83 $44.98 Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $23.38 $23.97 $24.56 $25.79 $27.08 $28.44 Unrepresented/At-Will 7/1/2023 $23.76 $24.36 $24.96 $25.58 $26.22 $26.88 Unrepresented/At-Will 7/1/2023 $36.98 $37.90 $38.85 $40.79 $42.83 $44.98 Unrepresented/At-Will 7/1/2023 $18.98 $19.45 $19.94 $20.94 $21.98 $23.08 Office Assistant I Unrepresented/At-Will 7/1/2023 $17.51 $17.95 $18.40 $19.32 $20.28 $21.30 Office Assistant II Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $24.96 $25.58 $26.22 $27.53 $28.91 $30.35 Unrepresented/At-Will 7/1/2023 $18.75 $19.22 $19.70 $20.19 $20.70 $21.21 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $20.05 $20.55 $21.07 $21.59 $22.13 $22.68 Unrepresented/At-Will 7/1/2023 $17.88 $18.33 $18.79 $19.25 $19.74 $20.23 Unrepresented/At-Will 7/1/2023 $49.54 $50.78 $52.05 $54.65 $57.38 $60.25 Unrepresented/At-Will 7/1/2023 $24.96 $25.58 $26.22 $27.53 $28.91 $30.35 Unrepresented/At-Will 7/1/2023 $43.16 $44.24 $45.34 $46.48 $47.64 $48.83 Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $19.55 $20.04 $20.54 $21.57 $22.64 $23.78 Unrepresented/At-Will 7/1/2023 $28.98 $29.71 $30.45 $31.21 $31.99 $32.79 Attorney/Investigator
Building Inspector
Building Trades Technician
Dial-A-Ride Driver
Dispatch Assistant
Dispatcher
Economic Development Specialist
Elections Clerk
Electrician
Engineering Aide
Child Care Teacher
Civil Engineering Assoc.

Code Enforcement Officer
Community Media Specialist
Community Service Officer
Crime Analyst
Extra Help II Retirees (range)
Interim Water Utility Manager
Jailer
Librarian
Library Assistant
Library Page
Library Technician
Equipment Mechanic
Equipment Service Specialist
Evidence Officer
Fire Safety Specialist
Human Resources Analyst
Human Resources Technician
Extra Help I Retirees (range)
Permit Technician I
Planning Technician
Police Cadet
Police Records Cadet
Police Records Clerk
Police Records Mgmt Tech
Pool Maintenance Worker
Lifeguard
Literacy Program Admin.

Locker Room Attendant
Maintenance Worker
Management Aide
Management Analyst
Minutes Clerk
Permit Systems Technician
Pool Manager
Principal Management Analyst
Program Coordinator
Public Works Maintenance Manager
Recreation Leader I
Recreation Superintendent
Recreation Leader II

City of Monterey Park Salary Schedule
Updated June 13, 2023
Exhibit A
Bargaining Unit Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10Job Classification Unrepresented/At-Will 7/1/2023 $16.32 $16.72 $17.14 $18.00 $18.90 $19.84 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Unrepresented/At-Will 7/1/2023 $36.98 $37.90 $38.85 $40.79 $42.83 $44.98 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $41.99 $43.04 $44.12 $46.32 $48.64 $51.07 Unrepresented/At-Will 7/1/2023 $41.99 $43.04 $44.12 $46.32 $48.64 $51.07 Unrepresented/At-Will 7/1/2023 $21.98 $22.53 $23.09 $24.25 $25.46 $26.73 Unrepresented/At-Will 7/1/2023 $28.98 $29.71 $30.45 $31.21 $31.99 $32.79 Unrepresented/At-Will 7/1/2023 $28.58 $29.29 $30.03 $31.53 $33.10 $34.76 Unrepresented/At-Will 7/1/2023 $26.23 $26.89 $27.56 $28.94 $30.38 $31.90 Senior Librarian
Senior Lifeguard/Instructor
Senior Planner
Senior Recreation Leader
Transportation Prog Mgr
Water Production System Operator
Water Utility Maintenance Worker
School Crossing Guard
Senior Account Clerk
Senior Management Analyst

City Council Staff Report
+
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: Continue to extend the existence of an employment emergency for the City of Monterey Park
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report;

2. Continuing to extend the existence of an employment emergency for the City of Monterey Park and authorizing the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment; and

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

EXECUTIVE SUMMARY:

The City continues to make progress on filling vacancies. Since April 2023, the City has hired or promoted candidates to fill Public Works Maintenance Supervisor, two Financial Analysts, Recreation Manager, Code Enforcement Officer, two Police Officers, and an Economic Development Specialist.

There are 30 full-time positions in the recruitment process along with 18 part-time recruitments. Staff recommends extending the employment emergency as the City is in the process of revising the Personnel Rules and Regulations to assist with modifying the recruitment processes and procedures and recruiting qualified candidates to fill the Water division vacancies continues to be challenging in the current workforce market.

BACKGROUND:

The revision of the City Personnel Rules and Regulations is an overhaul of modifying recruitment and human resources practices and procedures that were last updated in 2009. Since 2009, there have been changes in the law that have impacted practices and procedures that need to be accounted for as well. Once the revisions are drafted, the City needs to meet and confer with the associations over the recommended changes.

The meet and confer process can take time in order to allow the associations ample review period of the document and then to discuss the impacts of the changes for each association. With eight labor negotiations in process, that has delayed the Personnel Consent Calendar - 3C

Staff Report

June 21, 2023

Rules and Regulations process and the City does not want to delay the negotiation discussions by adding the updated document to the current negotiations.

FISCAL IMPACT:

None.

Respectfully submitted by:

Ron Bow
City Manager

Review by:

Karl H. Berger
City Attorney

Attachment(s):

1. Resolution No. 2022-R49

Staff Report
June 21,
2023
AT
TACHMENT 1
Resolution 2022-R49

RESOLUTION NO. 2022-R49

A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY OF

MONTEREY PARK DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY DUE TO LACK OF EMPLOYEES AND AUTHORIZING THE

CITY MANAGER TO TAKE ALL REASONABLE ACTIONS TO ACCELERATE RECRUITMENT AND RETENTION OF PUBLIC EMPLOYEES.

BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. Since the City Council officially terminated the COVID-19 local emergency in April, the City took ambituous actions to restore pre-pandemic levels of municipal services;

B. In reviewing personnel data from just the last six months, however, it is apparent that the City is seriously short-staffed.

C. The City of Monterey Park has 325 full time staff positions of which nearly 70 are currently vacant. Of these positions, multiple are critical to protecting public health and safety including, without limitation, Water Production Supervisor; Senior Water Production System Operator; Water Utility Maintenance Worker; Director of Public Works; Facilities Maintenance Supervisor; Finance Manager; Firefighter; Police Officer; Senior Accountant; and Lifeguard;

D. These are positions that directly respond to the public and/or essential to the smooth operation of municipal services including, for example, providing potable drinking water, and ensuring public safety;

E. The City Council notes that multiple sources of publicly available information (see, e.g., “Quantifying the Nation’s Workforce Crisis – State of American Business 2022 Update” [January 10, 2022] published by the United States Chamber of Commerce [www.uschamber.com/workforce/quantifying-the- nations-workforce-crisis-2022-state-of-american-business-update] and “COVID- 19 ends longest employment recovery and expansion in CES history, causing unprecedented job losses in 2020” June 2021 by the United States Bureau of Labor Statistics [www.bls.gov/opub/mlr/2021/article/covid-19-ends-longest- employment-expansion-in-ces-history.htm]) demonstrate that the challenges for recruiting qualified employees is nationwide;

F. Because of the City’s personnel rules and policies, however, a typical time period for securing an outstanding candidate for an open employee position is taking four to six months of processing. This includes the initial recruitment; testing; interviewing; and background check;

Resolution No. 2022-R49

G. In multiple instances, the City has lost interested candidates to the private sector or other public entities simply because the person did not want to continue waiting to be appointed;

H. Being able to accelerate the testing and interviewing will help make the City more attractive to individuals seeking public service. Additional work is needed regarding the titles of positions; compensation; and various fringe benefits. Moreover, a significant overhaul of the City’s personnel rules is crucial to becoming more efficient in the future;

I. In the interim, however, it is in the public interest to cut through the proverbial “red tape” in order to fill positions that are critical to providing municipal services to the public. Under these circumstances, it is apparent that there is an imminent threat to public health and safety that may result from the City’s inability to fill crucial positions in a timely and efficient manner;

J. Consequently, a local employment emergency is declared and the City Manager is authorized to take the actions set forth in this Resolution.

SECTION 2: Authorizations. The City Manager is authorized to take all reasonable and practicable actions to accelerate the process for recruiting, appointing, and retaining persons as City employees to fill all vacant positions. Such actions may include, without limitation, the following:

A. Suspend those portions of the City’s personnel rules that are interfering with the City’s ability to secure qualified candidates. For example, unnecessary testing and interview panels;

B. Temporarily appoint qualified persons to positions in accordance with Monterey Park Municipal Code (“MPMC”) § 2.28.100;

C. Execute agreements, in a form approved by the City Attorney, for the services listed in MPMC § 2.28.190;

D. Consider amendments to titles and classifications of various positions to make them more attractive to qualified candidates;

E. Consider compensation and benefits that will attract qualified candidates to public services; and

F. Commence a substantial overhaul to the City’s personnel rules.

SECTION 3: During the existence of this local emergency, the powers, functions, and duties of the City Manager and the emergency organization of this City will be those prescribed by California law, by ordinance, and resolutions of this City approved by the

Resolution No. 2022-R49

City Council. To the extent that the actions authorized by this Resolution require a meet and confer with the City’s bargaining units, those meetings will be held at the earliest practicable time pursuant to Government Code § 3504.5(b).

SECTION 4: The City Manager is designated as the authorized representative for public assistance and as the authorized representative for individual assistance of the City of Monterey Park for the purpose of receiving, processing, and coordinating all inquiries and requirements necessary to obtain available state and federal assistance.

SECTION 5: This local emergency will be reviewed by the City Council within 60 days in accordance with Government Code § 8630 to determine whether it should be extended by City Council Resolution.

SECTION 6: This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 7: This Resolution will take effect immediately upon adoption.

PASSED AND ADOPTED this 15
th day of June, 2022.

________________________________
Henry Lo, Mayor

ATTEST:

____________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

Resolution No. 2022-R49

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §

CITY OF MONTEREY PARK )

I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 2022- R49 was duly adopted and passed at a regular meeting of the Monterey Park City Council on the 15 th day of June, 2022 by the
following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None
Abstain: Council Members: None

Absent: Council Members: None

Dated this 15th day of June, 2022.

____________________________
Vincent D. Chang, City Clerk

City Council Staff Report
+
DATE: June 21, 2023
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 Park Professional Chief Officers’ Association for the term of July 1, 2023 to June 30, 2025
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 Professional Chief Officers’ Association (“MPPCOA”). The MPPCOA represents the battalion chiefs in the Monterey Park Fire Department;

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

EXECUTIVE SUMMARY:

Representatives of the City of Monterey Park (“City”) and MPPCOA 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, 2023 to June 30, 2025.

BACKGROUND:

MPPOCA’s current MOU term is valid from July 1, 2022 to June 30, 2023. On June 1, 2023 MPPOCA’s representatives agreed to the following terms and conditions:
• Two-year agreement – July 1, 2023 to June 30, 2025
• Equity adjustment in base salary – 8% effective the first full pay period starting after July 1, 2023.
• Base salary increase – 1.5% cost of living adjustment to base salary effective the first full pay period starting after July 1, 2023 and 1.5% cost of living adjustment to base salary effective the first full pay period starting after July 1, 2024. • Article 18 – Educational Incentive Pay increase, effective the first full pay period after July 1, 2023, as follows:
o Associate of Arts/60 units from $135/mo. to 2% base salary per month.

Consent Calendar - 3D

Staff Report

June 21, 2023

o Bachelor’s degree from $275/mo. to 5% base salary per month. o Master’s degree from $325/mo. to 6% base salary per month. • Article 21 Salary and Wages – C. Longevity increase, effective the first full pay period after July 1, 2023, as follows:
o 20 years of continuous service – from $100/mo. to 4.5% base salary per month.
o 25 years of continuous service – from $350/mo. to 9% base salary per month.
• MOU language modification:
o Article 2 – modify job title Fire Division Chief to Fire Battalion Chief

FISCAL IMPACT:

The total cost of the MOU is estimated at a total of $71,577 for Fiscal Year 2023-2024 and the estimated amount of $6,540 for Fiscal Year 2024-2025 will be budgeted appropriately. This amount will be paid by the City’s General Fund.

Respectfully submitted by: Review by:

Christine Tomikawa
Director of Human Resources
and Risk Management

Martha Garcia
Director of Finance

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Monterey Park Professional Chief Officers’ Association MOU – redline version

2. Monterey Park Professional Chief Officers’ Association MOU – clean version

3. MOU Resolution

Staff Report
June 21, 2023

ATTACHMENT 1
Monterey Park Professional Chief Officers’
Association (MPPCOA) – Redline Version
Memorandum of Understanding July 1, 2023 to
June 30, 2025

MO110\188\12070367.v1-6/13/23

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS'

ASSOCIATION

July 1, 2023 – June 30, 2025July 1, 2022 – June 30, 2023

MO110\188\12070367.v1-6/13/23 i

TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS' ASSOCIATION (July 1, 2023 – June 30, 2025July 1, 2022 - June 30, 2023)

ARTICLE 1 - SCOPE OF REPRESENTATION .........................................................................1 ARTICLE 2 - RECOGNITION ....................................................................................................1 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS .........................................................1 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYER REPRESENTATIVES .............................1 ARTICLE 5 - COMMUNICATIONS ..........................................................................................2 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS .3 ARTICLE 7 - GRIEVANCE PROCEDURE ...............................................................................3 ARTICLE 8 - VACATION AND HOLIDAYS ...........................................................................7 ARTICLE 9 - SICK LEAVE ....................................................................................................109 ARTICLE 10 - BEREAVEMENT LEAVE ...........................................................................1211 ARTICLE 11 - MILITARY LEAVE ......................................................................................1311 ARTICLE 12 - JURY DUTY .................................................................................................1311 ARTICLE 13 - LEAVE OF ABSENCE .................................................................................1311 ARTICLE 14 - ADMINISTRATIVE LEAVE .......................................................................1312 ARTICLE 15 - UNIFORMS ...................................................................................................1412 ARTICLE 16 - HEALTH INSURANCE ...............................................................................1513 ARTICLE 17 - RETIREE HEALTH SAVINGS PLAN.....…………………………………….15

ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ……………15

ARTICLE 19 - EDUCATIONAL INCENTIVE PAY ...........................................................1817 ARTICLE 20 - TRAVEL REIMBURSEMENT ....................................................................1917

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ARTICLE 21 - RETIREMENT BENEFITS ..........................................................................1917 ARTICLE 22 - SALARIES AND WAGES ...........................................................................2018 ARTICLE 23 - WORK SCHEDULE .....................................................................................2118 ARTICLE 24 - ACTING/TEMPORARY ASSIGNMENTS .................................................2119 ARTICLE 25 - PHYSICAL EXAMINATIONS ....................................................................2320 ARTICLE 26 – 401 (A) PLAN / DEFERRED COMPENSATION PLAN ...........................2321 ARTICLE 27 - SPECIAL MANAGEMENT COMPENSATION PAY ....................................22 ARTICLE 28 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION 2523
ARTICLE 29 - GENERAL PROVISIONS ............................................................................2523 ARTICLE 30 - TERM OF MEMORANDUM OF UNDERSTANDING .............................2623 ARTICLE 31 - MODIFIED DUTY ELIGIBILITY ...............................................................2624 ARTICLE 32 - INDUSTRIAL DISABILITY RETIREMENT..............................................2624 ARTICLE 33 - SICK LEAVE USE IN CONJUNCTION WITH IOD ..................................2624 ARTICLE 34 - FMLA/CFRA COMPLIANCE AND LEAVE POLICY ..............................2724 ARTICLE 35 - CITY COUNCIL APPROVAL .....................................................................2725 ADDENDUM A ........................................................................................................................ 26 ADDENDUM B ………………………………………………………………………………26

1 MO110\188\12070367.v1-6/13/23

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS' ASSOCIATION (July 1, 2023 – June 30, 2025July 1, 2022 - June 30, 2023)

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 Professional Chief Officers' Association, hereinafter referred to as “PCOA” have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.

ARTICLE 1 - SCOPE OF REPRESENTATION

The scope of representation of PCOA shall include matters relating to employment conditions and employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.

The wages, hours and working conditions specified in this MOU shall constitute the wages, hours and working conditions for the term of this MOU.

ARTICLE 2 - RECOGNITION

A. The Monterey Park Professional Chief Officers' Association (PCOA) is hereby recognized as the exclusive Recognized Employee Organization for those employees occupying the job classification of Fire BattalionDivision Chief.

B. The City acknowledges PCOA as the representative for employees in the Fire Department for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.

ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS

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 requirements determined by 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 methods of 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.

ARTICLE 4 - EMPLOYEE AND/OR EMPLOYER REPRESENTATIVES

A. All employees represented by PCOA, shall have the right to join PCOA, or to refuse or refrain from joining PCOA.

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B. Members of PCOA may, by any reasonable method, select three (3) representatives who may or may not be City employees to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during regular or working hours, without loss of time, provided:

1. That no employee representative shall leave duty or workstation or assignment without specific approval by any authorized departmental management official.

2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work scheduled 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. Deductions as authorized by the employee shall be deducted from earned wages or salaries each pay period. The City shall forward to PCOA during the succeeding week all dues and/or initiation fees deducted from the employees.

D. PCOA shall indemnify, defend, and hold the City harmless against any claim and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the section regarding dues deduction.

E. PCOA representatives, while on City property, shall abide by the City's safety rules and regulations.

F. Such individuals, after being excused from their regular assigned duties by the Fire Chief or delegated representative, will be permitted to take reasonable time to discuss terms and conditions as set forth in this MOU.

G. Said employee or employees, if on duty, shall be paid for such reasonable time by the City at the employee's base rate of pay. However, no overtime will be paid by the City for time spent as set forth above, except if and when the employee is working a relief overtime shift.

H. A written list of the Officers of PCOA and the Employee Representatives shall be furnished to the City immediately after their designation and PCOA shall notify the City promptly in writing of any changes of such Officers or Representative.

ARTICLE 5 - COMMUNICATIONS

Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee group members:

1. PCOA recreational and social activities.

2. PCOA election notices and results.

3. PCOA meetings and events.

4. Such other notices as may be mutually agreed upon by PCOA and the Fire Chief or representative.

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ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS

A. PCOA hereby agrees that during the term of this MOU, the employees of PCOA, the officers and/or agents of PCOA shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, picketing, or any other intentional interference of work of the City.

B. In the event any employee, or employees, participate in any such activities as set forth above, PCOA 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.

C. The employee, or employees, participating in such activities as set forth in paragraphs A and B 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 an allegation by a member or PCOA on behalf of specified unit members of the bargaining unit who have been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding during its term, or an appeal of a disciplinary action decision by the City Manager.

2. A "disciplinary appeal" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations. The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands or other documentation regarding the employee's work performance yet which is not defined as "disciplinary action" by Rule XV of the City Personnel Rules and Regulations. A "disciplinary appeal" shall be filed after 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, Arbitration.

Discipline shall be imposed in such a manner as to not violate the FLSA with regard to “exempt” employees.

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

4. A "grievant" is any unit member or PCOA on behalf of specified unit members adversely affected by an alleged violation of the specific provisions of this MOU, or a punitive disciplinary action.

5. A "day" is any day in which the administrative offices of the City of Monterey Park are open for regularly scheduled business.

B. GENERAL PROVISIONS

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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 the grievance is ultimately sustained only then may the employee not comply with that directive.

2. Grievance documents shall not be placed in the personnel file unless they relate to discipline. If they relate to discipline, they will not be placed in the employee’s personnel file until after the discipline appeal process (if applicable) is completed.

3. Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or the PCOA. 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. If the City fails to respond to the grievant by the deadline to respond at any step in the grievance process, that shall constitute a denial of the grievance at that step and the grievant’ s time to file an appeal to the next step will start the following day. The grievant and the City may extend any time deadline by mutual agreement.

4. Every effort will be made to schedule meetings for the processing of grievances at times that will not interfere with the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.

5. Any unit member may at any time present grievances to the City and have such grievances resolved without the intervention of PCOA, as long as the resolution is reached prior to arbitration and the resolution is not inconsistent with the terms of this MOU; provided that the City shall not agree to a resolution of the grievance until PCOA has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the PCOA, which may include the attorney of PCOA.

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 protections.

7. There shall be no reprisals 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 unit member who believes he/she has a grievance which is an alleged violation of the specific provisions of this Memorandum of Understanding shall present the grievance orally to the Fire Chief within fifteen (15) days after the grievant knew, or reasonably should have known, of the circumstances which form

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the basis for the grievance. Failure to do so will mean the grievance is untimely and shall not be processed. The Fire 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 meeting that at least one personal conference be held between the aggrieved employee and the Fire Chief.

2. Level II - Formal Written Grievance

a. If the grievance is not resolved during the informal conference and the grievant wishes to continue the grievance process, the grievant shall present the grievance in writing on the appropriate form to the Fire Chief within ten (10) days after conclusion of Level I. The written information shall include: (a) A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance; (b) A listing of the provisions of this agreement which are alleged to have been violated; (c) A listing of the reasons why the Level I proposed resolution of the problem is unacceptable; and (d) A listing of specific actions requested of the City which will remedy the grievance.

b. The Fire Chief or designated representative shall communicate his/her decision, in writing, to the grievant within ten (10) days after receiving the grievance.

c. Within the above time limits, either party may request a personal conference.

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 - Binding Arbitration

a. If the grievant is not satisfied with the decision at Level III, or if an employee 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 to PCOA for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, PCOA shall inform the City, in writing, of its intent to arbitrate. PCOA and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of seven (7) names of persons experienced in hearing grievances in cities.

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Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by coin toss.

b. The arbitrator 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 arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.

c. The City and PCOA agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The arbitrator 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, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The arbitrator shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.

d. In the event that this grievance procedure is used to challenge disciplinary actions, the arbitrator shall prepare a written decision containing findings of fact, determination of issues, and statement of the precise disciplinary penalty, if any.

e. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award.

f. The award of the arbitrator shall be final and binding within sixty (60) days of submission. During this sixty (60) day period either party may request in writing a clarification of the decision. A copy of such request must be provided to the other party simultaneously with the sending of the request to the arbitrator.

g. The fees and expenses of the arbitrator(s) shall be shared equally by the City and PCOA. 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 arbitration hearing. The cost of the services of such court reporter shall be shared equally by the City and PCOA; however, the party ordering a transcript shall be responsible for the entire transcription fee.

h. 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/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for

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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 enforcement of any arbitration award in any court per Civil Code Procedure section 1286 et seq.

i. The City and PCOA agree to binding arbitration for disciplinary appeals and these provisions for discipline are intended to comply with the Firefighters’ Bill of Rights.

ARTICLE 8 - VACATION AND HOLIDAYS

It is the intent and purpose of this vacation and holiday leave policy that all employees avail themselves of accrued vacation and 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 Fire Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation and holiday accrual.

A. VACATION PROGRAM

1. It is the policy of the City that no employee may accrue greater than 432 vacation hours. Upon accrual of 432 hours, no unit member shall accrue any additional vacation hours nor be compensated for any vacation hours in excess of 432 hours unless and until utilization of accrued vacation time results in the employee's vacation account totaling less than 432 hours.

In those instances where an employee has accumulated vacation hours on or before March 10, 1995, the employee shall be subject to two (2) separate vacation banks. The first vacation bank (Bank No. 1) shall consist of the total number of vacation hours accrued on or before March 10, 1995. The number of vacation hours contained within Bank No. 1 shall not increase.

At the sole discretion of the Fire Chief, special consideration may be given to an employee's written request to accumulate vacation credits in excess of the maximum allowable vacation balance of 432 hours Said approved credits will be converted to Bank No. 1.

2. Sworn Fire Members Assigned to Twenty-four Hour Shift Work: Employees covered under this MOU, with the exception of temporary appointments, shall accumulate vacation with pay as follows:

Years of Number of Years of Number of Service Shifts Allowed Service Shifts Allowed 1 6 shifts 11 9 shifts
2 6 shifts 12 9 shifts
3 6 shifts 13 9 shifts
4 6 shifts 14 10 shifts
5 6 shifts 15 10 shifts
6 6 shifts 16 11 shifts

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7 6 shifts 17 11 shifts
8 7 shifts 18 12 shifts
9 7 shifts 19 12 shifts
10 9 shifts 20 13 shifts

3. Sworn Fire Members Assigned to a Forty-Hour Week: An employee covered under this MOU, who is required to work a forty-hour workweek, with the exception of temporary appointments, shall accumulate vacation with pay as follows:

After one (1) year of paid service, vacation leave with pay shall be granted each permanent employee at the rate of eighty (80) hours each year. Additional vacation leave with pay shall be granted at the rate of eight (8) hours each year, beginning with the employee's sixth (6th) anniversary. Maximum vacation per year is one hundred-ninety two (192) hours.

4. Sworn Fire members assigned to a twenty-four hour shift may, annually during any fiscal year, elect to cash out up to 6 shifts (144 hours) of vacation time. The effective date(s) of any such cash-out is to be determined by the employee.

Sworn Fire members assigned to a forty-hour workweek may, annually during any fiscal year, elect to cash out up to seventy-two (72) hours of vacation time The effective date(s) of any such cash-out to be determined by the employee.

5. Effective December 2022 and continuingE each December, thereafter, employees who wish to cash out vacation hours must submit an irrevocable election form, by no later than December 15th, to cash-out up to 144 hours of vacation leave, that may accrue in the following calendar year., The cash-out is available only for hours to be accrued in the calendar year following submission of the irrevocable election form and which have not been used.

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 15 th 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 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 1 st 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.

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6. 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

 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 payment shall be made with the last paycheck in December of the same calendar year.

B. HOLIDAYS

Except as modified herein, holidays shall be governed as defined in Rule XI, Attendance and Leaves, Section 7, Holidays, of the Personnel System Rules and Regulations of the City of Monterey Park.

1. Effective the first full pay period starting after July 1, 2022 or Council approval of this MOU whichever is later, Association members shall accrue twelve (12) holiday hours per month. Any holiday time accrued shall be automatically cashed out in the first full pay period after December 1 of each year. There is no carry over of holiday time.

Use of holiday accrued time shall be governed by Article 8 (C) of this MOU.

2. Employees assigned to a forty hour work schedule receive time off (same holiday closures as City Hall) for the following holidays:

New Year’s Day Thanksgiving Day
Washington’s Birthday Friday after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day New Year’s Eve Day
Veteran’s Day

In addition, employees assigned to a forty hour work schedule receive two floating holidays. Floating holiday hours have a maximum accrual of thirty-two (32) hours. Once

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employees reach the maximum, no additional hours accrue until the use of leave reduces the accrual below thirty-two.

C. APPROVAL TO USE VACATION AND HOLIDAY TIME REMAINING IN HOLIDAY BANKS

Subject to the exceptions described herein, upon a written request thirty (30) calendar days in advance of any such requested date(s) to utilize specified dates(s) of vacation and/or holiday time, the Fire Chief shall grant the leave request. However, the Fire Chief shall be authorized to deny any or all leave requests upon a written determination made by the Fire Chief and/or his/her designee that the granting of such leave request would or might disrupt the operations of the Department. However, it is specifically acknowledged that the fact that overtime expenses will or may be incurred as a result of the granting of leave utilization when thirty (30) calendar days advanced notice is provided as described herein, shall not constitute a consideration in the administration's determination that granting of the leave will or may disrupt operations of the Department.

In any case where an employee provides less than thirty (30) calendar days written notice to the Fire Chief of the employee's request to use earned vacation and/or holiday time, then the Fire Chief shall have the authority and discretion for any reason (including but not limited to real or potential overtime impact, real or potential disruption to the operations of the Department, or real or potential safety impact) to deny the vacation and/or holiday leave request. The Fire Chief’s exercise of its discretion in this regard shall not be subject to administrative, civil or any other review or challenge.

Additionally, granting of any request to utilize earned vacation and/or holiday time shall be subject to the proviso that in no case shall more than one Division Chief be authorized to utilize said leave during all or part of the same shift dates(s). Where requests to utilize said leave exceeds the per shift classification number described in this paragraph, then the request filed earliest shall have priority. In cases where requests are filed simultaneously, priority shall be given to the most senior (in total City service) applicant.

ARTICLE 9 - SICK LEAVE

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. Effective the pay period that includes January 1, 2020, the hours of sick leave earned by each employee annually will be reduced from one-hundred forty-four (144) hours to ninety-six (96) hours per year to allow forty-eight hours at regular rate of pay to be used for a new Retiree Health Savings Plan (see Article 17, page 15 for the Retiree Health Savings Plan). The forty-eight (48) hour contribution shall be prorated at the rate of four (4) hours per month. .

A. Sick Leave Use

Sick leave is used on an hour for hour basis. For example, employees who work 24 hour shifts and are absent for the full 24 hours will have sick leave of 24 hours deducted from their sick leave bank.

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Sick leave is paid leave from work that can be used for the following purposes:

(a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or

(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above.

B. Credit for Unused Sick Leave

The City contracts with CalPERS for the Credit for Unused Sick Leave option (Section 20965). Any amount of sick leave accrued and not taken as cash payment will be reported to CalPERS for calculation as additional service credit.

C. Sick Leave Cash Out

a. Individuals employed by the City as of July 1, 2012 had their existing sick leave balances (as of July 1, 2012) transferred to a separate sick leave bank (Bank 1). No additional leave could be added to this bank. Employees with hours in this bank can choose to use those hours for sick leave purposes. In addition, upon service retirement from the City, the City will cash out 50% of the sick leave hours in this leave bank to the employee at their rate of pay at the time of retirement.

b. Beginning July 1, 2012, with the establishment of the 12 hour per month sick leave accrual and sick leave maximum of 800 hours, a new sick leave bank (Bank 2) was established.

c. Effective December 2022 and continuingE every December thereafter, employees who wish to cash out sick leave hours must submit an irrevocable election form, by no later than December 15th, to cash-out up to 144 hours of sick leave that may accrue in the following calendar year. The cash-out is for hours to be accrued in the calendar year following the submission of the irrevocable election form.

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 15 th 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

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to be paid than they had previously elected to cash-out, the employee shall only be paid the amount accrued in that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.

If any 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 1 st of the calendar year the employee had elected to cash-out and/or in that 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.

d. 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 or extensive damage to the employee’s property due to casualty; or

 Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.

The payment shall be made with the last paycheck in December of that same calendar year.

e. In the event of the death of an employee prior to retirement, The City will pay to the employee’s designated beneficiary any sick leave cash out that the employee would have been eligible to receive upon a service retirement from the City.

ARTICLE 10 - BEREAVEMENT LEAVE

A. Each regular employee may be granted bereavement leave at the discretion of the Fire Chief whenever death occurs to a member of the employee’s immediate family. Paid bBereavement leave may not exceed three working days, or in the case of Fire personnel working a 24-hour shifts schedule, three shifts. However, employees may take an additional two working days or shifts for bereavement leave, utilizing paid leave balances or by taking unpaid leave.

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

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leave may be extended to a total of five paid working days, or in the case of Fire personnel working a 24 hour shift schedule, five shifts. Bereavement Leave is to be charged to an account separate from the employee’s sick leave account.

B. Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, grandchildren, brother, brother-in-law, sister or sister-in-law of the employee.

ARTICLE 11 - 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 12 - JURY DUTY

An employee of the City who is required to participate as a juror, required to participate in the jury selection process, or required to appear in court as a witness except as the litigant in the case, shall be paid up to and including ten (10) days of salary and benefits during each fiscal year while 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, was to have been ten (10) days or less in duration.

Under such circumstances, the employee shall receive his/her regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a juror or witness, excluding mileage reimbursement.

ARTICLE 13 - LEAVE OF ABSENCE

As defined in Rule XI, Attendance and Leaves, Section 4, Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park.

A. When an employee maintains a non-paid employment status, the City shall make no premium or other contribution to insurance coverage except as may be required by provisions of the FMLA and/or CFRA. The employee may be required to deposit any and all insurance premiums with the City for remittance by the City to the carrier or to the carrier directly.

B. Prior to being placed on a leave of absence without pay, as permitted under any applicable law (e.g., CFRA, FMLA, PDL), employees must exhaust all accrued leave. Absence without pay for a period greater than 50% of a pay period shall result in no leave benefits or seniority accrual for said period of time.

ARTICLE 14 - ADMINISTRATIVE LEAVE

A. Represented FLSA exempt employees covered under this MOU shall receive 48 hours of Administrative Leave each July 1.

B The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Fire Chief with due regard for the wishes of the employee and the

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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.

C. Employees requesting to utilize his/her administrative leave shall complete a Leave of Absence Request form and forward the approved form to payroll.

ARTICLE 15 - UNIFORMS

A. Uniforms Provided

1. The uniform allowance shall be eight hundred and six dollars ($806.00) per year. The City shall continue its credit/retail account program with a retail outlet to be determined by the City. The employee will be required to use the approved City vendor for the purchases of their identified uniform apparel. The uniform apparel covered by this uniform allowance includes: two black Nomex shirts, two black Nomex pants, two ties, one belt with buckle, one pair of shoes, and either a work jacket or sweater.

2. Upon appointment to a position in this unit, an employee shall receive an initial issue of the following items: one dress jacket, one reconditioned hat, one name tag, year pins, two sets of collar insignias, two black Nomex shirts, two black Nomex pants, two ties, one belt, one work jacket or sweater, and one pair of shoes.

3. The following items will be provided on an "as needed" replacement basis only: dress uniform, hat, nametags, year pins, and collar insignias, upon prior approval of the Fire Chief.

4. No employee will be eligible to receive the annual uniform allotment if such employee has for any reason been absent from active uniformed service for any time in excess of one-half of the fiscal year immediately preceding the allocation. Uniform allotment shall be provided on a prorated basis for those employees.

5. For “classic” members of the CalPERS system, the parties agree that the uniform allowance is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5).

B. Safety Gear

The City shall provide and maintain safety items as mandated by CAL/OSHA through procedures established by the City. Included are the following items:

1. Turn-out boots, trousers, and coat 5. Safety shoes

2. Gloves and goggles 6. Flashlights

3. Helmet 7. Breathing apparatus

4. Brush jacket 8. Infectious disease protective clothing

C. Any employee who negligently damages or loses any provided equipment or uniforms shall

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be subject to disciplinary action.

D. The City shall enter into a bulk-cleaning contract with a vendor(s) to be selected solely at the discretion of the City.

ARTICLE 16 - HEALTH INSURANCE

A. Medical Insurance (Active Employees)

Employees will receive insurance coverage through CalPERS under the California Public Employees’ Medical and Hospital Care Act (PEMHCA). The City’s contribution toward medical insurance under PEMHCA will be the minimum employer contribution (MEC) required by PEMHCA (in 2016 2023 the MEC is $15125/month).

B. Retiree Medical Insurance

1. 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 202322, this amount is $1 5149 per month. CalPERS determines the amount annually and therefore, this is subject to change.

2. Individuals who were hired on or before December 31, 2015 and retire from the City 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 contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and either:
a. $386 per month when the employee retires with less than twenty (20) years of service
b. $550 per month when the employee retires with twenty (20) or more years of service

C. Dental Insurance

The City will contribute up to ninety-five dollars ($95). The employee will pay any and all premiums due in excess of the City’s contribution under the City’s Cafeteria Plan (Section 125).

D. Vision Insurance Plan

The City shall provide a vision insurance plan. The City will contribute up to twenty ($20) dollars per month for the employee and eligible dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan.

The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months. Deductible shall be $10.00/exam; $20.00/frame and lenses.

E. Section 125 Cafeteria Plan

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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.

3. 2. Effective the first full pay period starting after July 1, 2022 or Council approval of this MOU whichever is later, Tthe City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to one thousand nine hundred and ninety five dollars ($1,995) per month for employees electing to enroll in a medical plan in PEMHCA. The City’s contribution will include the PEMHCA MEC (as determined yearly by CalPERS; $15149 per month for 20232) 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 including but not limited to, consideration of the impact of the Excise Tax (commonly known as the Cadillac Tax).

G. Life Insurance - The City will provide employees covered by this MOU a term life insurance policy in the amount of $100,000.

H. Supplemental Life Insurance may be purchased by each active 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.

I. Long Term Disability: City paid premium for LTD as provided other management employees of the City.

ARTICLE 17 – RETIREE HEALTH SAVINGS PLAN

A. Beginning January 2020, the City has agreed to provide contributions for full-time Unit employees toward a Retiree Health Savings Plan (RHSP) as described in this Section.

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B. The intent of the RHSP is to help participants pay eligible medical expenses during retirement using tax-deferred funds.

C. Eligible expenses include retiree health plan premiums, Medicare premiums, long-term care premiums and out of pocket health expenses.

D. The City agrees to contribute the dollar equivalent of 48 hours annually of unpaid sick time to the Unit employees RHSP account. These contributions will be made for each complete calendar month of an employee’s active City service. For example, each eligible member will receive 4 hours per month contribution equaling 48 hours annually. The employee’s annual sick leave accrual will be reduced from 144 hours annually to 96 hours annually (see Article 9, page 9).

E. Contributions to the RHSP are 100% vested.

F. Contributions and earnings on the contributions to the RHSP accumulate on a tax-free basis and are not subject to tax if they are used to pay for eligible medical expenses for participants and their eligible dependent(s).

G. Participants are allowed to self-direct all account assets into one or more of the investment options available within the RHSP.

H. The RHSP shall provide for benefits to be paid to a Unit employee after separation from City service based upon contributions made on behalf of such employee and shall not define a particular benefit to be paid to such employee.

I. Unit employees, whether active or terminated, may not transfer their RHSP account to a similar plan not sponsored by the City.

J. In the event of death, the participants account will transfer ownership to a surviving spouse or tax-qualified dependent. If the participant does not have a spouse or tax-qualified dependent, the unused assets will be forfeited back to the plan and distributed to plan participants on a pro-rated basis.

K. The RHSP will be administered by the authorized plan administrator designated by the City in a manner consistent with this Agreement. Administration fee will be paid by plan participants.

L. The City may change the RHSP at any time during the term of this Agreement, provided that the amount of contributions to the RHSP specified in Section C above do not change. Ay change shall not affect any contributions that have vested under Section C above.

ARTICLE 17 - 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 provided

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through an accredited institution, directly related to their employment, or compatible with a career goal with the City. No reimbursement shall be authorized for pursuit of an academic degree beyond a Masters nor shall reimbursement of tuition or other costs be approved for a course of study at institutions that grant credit for “life experience” in-lieu of completion of specified course material.

Enrollment cost reimbursement is subject to approval by both the Fire Chief and Director of Human Resources/Risk Management. In rendering a reimbursement determination, the Fire Chief and Director of Human Resources/Risk Management shall consider whether or not the course(s) for which 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 Fire Chief and Director of Human Resources/Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Fire Chief and Director of Human Resources/Risk Management shall be final.

An employee will be reimbursed up to seven-five dollars ($75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to two- hundred ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.

ARTICLE 18 - EDUCATIONAL INCENTIVE PAY

A. The City agrees to an Educational Pay Plan that provides compensation as follows:

1. Either:
a. $135.00 additional salary per month for an employee with an Associate of Arts degree, or
b. $275.00 additional salary per month for an employee with a Bachelor's degree in a major reasonably related to the employee's work or consistent with a career objective with the City, or
c. $325.00 additional salary per month for an employee with a Master's degree in a major reasonably related to the employee's work or consistent with a career objective with the City.

2. Beginning with the start of the first payroll period beginning after July 1, 2023, or when the Council adopts this MOU, whichever is later, Educational Pay shall be paid each pay period at the following noncumulative amounts:

Either:
a. 2% of base salary for an employee with an Associate of Arts degree or successful completion of 60 units in a major reasonably related to the employee's work or consistent with a career objective with the City, or b. 5% of base salary for an employee with a Bachelor's degree in a major reasonably related to the employee's work or consistent with a career objective with the City, or
c. 6% of base salary for an employee with a Master's degree in a major reasonably related to the employee's work or consistent with a career objective with the City.

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B. In addition, possession of a Company Officer Certification shall allow an employee to be compensated at $60 per month. Possession of a Chief Officer certification shall allow an employee to be compensated at $120 per month. Only certification issued by the California State Fire Marshal’s Office shall be accepted. These certifications are not cumulative compensation.

C. In addition, an employee any employee who receives Task Force Leader, Strike Team Leader and/or Executive Fire Officer designation will be eligible for an incentive of $200 per month effective upon the signing of this MOU. Effective July 1, 2020 the incentive shall increase to $250 per month. Effective January 1, 2021, the incentive shall increase to $300 per month.

D. 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 19 - TRAVEL REIMBURSEMENT

Mileage is reimbursed for travel in connection with City business. Prior approval must be obtained from the immediate supervisor or Fire Chief. Mileage forms are available in the department and, if travel is required frequently during a month, reimbursement will be made once each month.

Completed mileage forms shall be submitted to the Fire Chief.

ARTICLE 20 - RETIREMENT BENEFITS

A. Retirement benefits are provided pursuant to a contract with the California Public Employees’ Retirement System (CalPERS). For all Safety employees, the contract includes the Post Retirement Survivor option, the 1959 Survivor’s benefit – Level 4, and Military Service Credit as Public Service.

B. Employees who are “classic” members under the CalPERS regulations have the retirement formula that existed with the City on December 31, 2012, 3%@55 with single highest year for final compensation. Classic employees shall pay nine percent (9%) compensation earnable as the employee contribution to CalPERS.

C. 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 a member of a reciprocal system or who has had a break in service of at least six months or more) will have the retirement formula 2.7%@57 with a three year average for final compensation. New members contribute one-half the total normal cost as set by CalPERS each year.

D. Cost-Sharing
Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2019/20

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CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) retirement contribution (up to twelve percent 12%) 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 21 - SALARIES AND WAGES

SALARY RANGES

A. Salary ranges for classifications in this unit are identified in Addendum A.

B. Effective beginning with the first full pay period starting after July 1, 20232022 or Council approval of this MOU whichever is later, the salary range for Battalion ChiefDivision Chief will be increased by 19.5%.

B. Effective beginning with the first full pay period after July 1, 2024, the salary range for Battalion Chief will be increased by 1.5%.

C. 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.

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Beginning with the start of the first payroll period beginning after July 1, 2023, or when the Council adopts this MOU, whichever is later, Longevity Pay shall be paid each pay period at the following noncumulative amounts:

4.5% of base salary upon completion of twenty (20) years of continuous service;

9.0% of base salary 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).

D. Salary Range Advancement

Advancement within the 5-step salary range shall be subject to the terms and conditions as set forth under City policy.

E. EMT-D Premium Pay

1. Following Department of Health Services approval of the Fire Department’s AED program, individuals who are in possession of valid certification as Emergency Medical Technician – Defibrillator (EMT-D) shall receive $200.00 per month premium pay. Individuals holding an EMT- P (Paramedic) certification are not eligible for premium pay under this section

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) – EMT Pay.

ARTICLE 22 - WORK SCHEDULE

The basic work schedule for employees assigned to Fire Suppression is eight 24-hour shifts in a 24- day work period which amounts to an average of 121 (122 in a leap year) work shifts per year. The basic work schedule for employees assigned to Fire Prevention is forty (40) hours per week.

ARTICLE 23 - ACTING/TEMPORARY ASSIGNMENTS

A. Employees assigned in an acting or temporary capacity to work in a position/class having a higher rank or salary range shall be assigned pursuant to the following provisions:

1. Employees must be certified by the City Manager or Fire Chief to work in an acting/temporary assignment capacity in said position/class. Certification for acting and/or temporary assignments shall be at the sole discretion of the City Manager or Fire Chief. The City Manager’s/Fire Chief’s determination regarding certification for acting/temporary assignments shall not be grievable and is considered to be determinative. “Certification” shall only mean that the City Manager/Fire Chief has used discretion and determined solely in his/her professional opinion that the individual is capable of performing the acting or temporary assignment. “Certification” shall not refer to any particular examination or evaluation process, and no such process shall be required for use by the City Manager/Fire Chief in rendering his/her determination.

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B. Acting assignments shall be filled in the following manner (to the extent that this Article is inconsistent with the City Personnel Rules, this Article shall prevail);

C. Need for Acting/Temporary Assignments: To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on an acting /temporary assignment basis to positions of a higher classification. For the purposes of this Article, it is understood that acting/temporary assignments may be required in order to temporarily fill position classification vacancies, which may exist for any of the following reasons:

1. A position classification is vacant and is scheduled to be filled by a regular full-time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.

2. A position classification is vacant, although filled, because the regular employee is on an approved paid or unpaid leave of absence.

D. It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every reasonable effort, as determined by the City, to fill vacancies in a most expeditious manner and to keep the need for such acting/temporary assignments to a minimum.

E. Selection for Acting/Temporary Assignments. The selection of an employee for acting/temporary assignments shall be at the sole discretion of either the City Manager or the Fire Chief or their designee. Selection shall be pursuant to the guidelines in A1 above.

F. No person shall be appointed to an acting/temporary assignment when on probation.

Acting/temporary assignments shall be filled depending on the needs of the Fire Department as determined by the sole discretion of the City Manager or Fire Chief.

G. Status of Employee in Acting/Temporary Assignment. Time served in an acting/temporary assignment shall not be credited towards completion of any probationary test period in the acting/temporary assignment position. Time served in an acting/temporary assignment position shall not alter the employee’s anniversary date. If the employee in an acting/temporary assignment would have been eligible for a merit increase had the acting/temporary assignment appointment not been made, then the employee shall remain eligible for such merit increase with the employee’s performance in both the regular and acting/temporary assignment positions being considered.

H. Duration of Acting/Temporary Assignment. The duration of any acting/temporary assignment shall be in accordance with Rule IX of the Personnel System Rules and Regulations.

I. Individuals in the classification of Fire Marshal may be temporarily assigned the duties of Fire Division Chief and a Fire Division Chief may be temporarily assigned the duties of Fire Marshal if they have been certified pursuant to the provisions of this Article.

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ARTICLE XX – FAIR LABOR STANDARDS ACT

A. 7K Exemption. The City of Monterey Park has exercised its ability to take statutory “7K” exemption for sworn personnel. The work period for such employees assigned to suppression positions shall be twenty-four (24) days.

B. Overtime (Fire Suppression). Hours worked by fire suppression employees in excess of the standard work period of one hundred and eighty-two (182) hours in a twenty-four (24) day cycle shall be compensated at the overtime rate of time and one-half his/her regular rate of pay.

C. In determining overtime compensation, all hours worked and hours where paid leave is used in lieu of hours worked, except sick leave, shall be counted as total hours.

ARTICLE 24 - PHYSICAL EXAMINATIONS

The City agrees to provide employees a complete physical examination, including stress EKG on the following basis:

A. Employees shall be administered a complete physical examination, including stress EKG, or be administered portions of the examination as they may be required, as follows:

1. Employees under forty years of age shall be administered a complete physical examination without the stress EKG every two years. The stress EKG will be administered every four years only.

2. Employees forty years of age or over shall be administered a complete physical examination including stress EKG every two years.

3. A City physical exam may be provided more frequently upon request of the employee and approval by the Director of Human Resources and Risk Management.

B. Employees shall be given all examinations while on duty status, or if given this examination while off-duty, shall be compensated at straight time (if employee reschedules examination to off duty time, no compensation will be paid).

C. The City agrees such medical examination shall review those factors and standards reasonably required to be met by an employee to substantially comply with his/her job requirements.

D. The cost of the examination shall be borne by the City.

E. The medical provider shall notify the City whether or not the employee is “medically qualified" to perform the essential functions of the position.

ARTICLE 25 – 401(a) PLAN / DEFERRED COMPENSATION PLAN

401(a) Plan

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The city will amend the 401(a) plan to permit employer contribution on behalf of the unit members.

The plan amendment will be effective the payroll period following the 2019/20 CalPERS contract amendment approval and simultaneously to members picking up an additional cost sharing amount as outline in Article 20, Retirement Benefits, Section D.

A. City Contribution to a 401(a) Plan

Effective the payroll period following the 2019/20 CalPERS contract amendment approval, the City will contribute to a 401(a) Plan for all members of the bargaining unit as follows:

Tier 1: Classic members will receive 3% of regular monthly salary to the 401(a) Plan.

Tier 2: “New members” (PEPRA) will receive $185 per month to the 401(a) Plan.

A deferred compensation plan will be available to all members of the Professional Chief Officers' Association employee group. Participation in this deferred compensation plan is at the option of the individual employee.

A. B. 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
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.

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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 26 - SPECIAL MANAGEMENT COMPENSATION PAY

A. Compensatory Time - All accrued compensatory time in excess of forty-eight (48) hours will be converted from accrued time and paid as cash as of December 1 of each year. The remaining balance will remain on the books until such time as the employee utilizes the compensatory time.

In lieu of receiving cash payment for hours worked in excess of regularly scheduled shifts, .an employee may elect the option of accruing compensatory time off. Compensatory time shall be earned at straight time for each hour worked.

All accrued compensatory time will be converted from accrued time and paid as cash as of December 1 of each year. The remaining balance will remain on the books until such time as the employee utilizes the compensatory time.

ARTICLE 27 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION

Reasonable written notice will be given to PCOA 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 PCOA, 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.

PCOA shall be deemed to have met and conferred and agreed to any matter within fifteen calendar days after hand delivery of the notice by the City to the on-duty Division Chief regarding said matter and the employee organization fails to deliver to the City Manager a written request for a meeting.

ARTICLE 28 - GENERAL PROVISIONS

A. If any section, subsection, subdivision, sentence, clause or phrase of the MOU is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this MOU.

B. This MOU shall not in any way interfere with the obligation of the parties hereto to comply with 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

26 MO110\188\12070367.v1-6/13/23
of record, the remainder of the MOU shall not be otherwise affected thereby.

C. The parties acknowledge that during the meeting and conferring in good faith which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of meeting and conferring, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity is set forth in the MOU. Therefore, the City and PCOA, for the term of this MOU, each voluntarily unqualifiedly waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they met and conferred or signed this MOU, unless otherwise provided for herein or if the parties mutually agree to meet and confer on a matter subject to negotiations.

D. It is agreed that neither PCOA nor the City shall discriminate against any employee because of race, religion, national origin, age, gender, disability, sexual orientation, marital status, or political/union membership or activity.

ARTICLE 29 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2023July 1, 2022 and ending June 30, 2025 June 30, 2023 , and shall continue in effect from year-to-year thereafter unless or until terminated.

ARTICLE 30 - MODIFIED DUTY ELIGIBILITY

Subject to the one exception described below, modified duty shall be made available, on a temporary basis, only to those individuals suffering an industrial injury. The only exception to this rule shall be that non-industrial disabilities related to pregnancy, shall result in the subject employee being eligible for modified duty.

ARTICLE 31 - INDUSTRIAL DISABILITY RETIREMENT
The City may request a disability retirement on behalf of an employee as permitted under the law.

ARTICLE 32 - SICK LEAVE USE IN CONJUNCTION WITH IOD

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 service and 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 retirements and that any such retirement shall be made effective regardless of the employee having sick leave remaining in the employee's account. Additionally, it is acknowledged that with regards 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:

27 MO110\188\12070367.v1-6/13/23

A. In any instance where the local safety member has exhausted eligibility for benefits pursuant to Labor Code Section 4850, but is not eligible for disability retirement at said time yet remains incapacitated from performance of the essential duties of the employee's position, then the employee shall have the option of electing to receive 50 percent of the sick leave balance existing at the time of exhaustion of the Labor Code Section 4850 benefits, which said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.

B. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one-time cash distribution equivalent to 50 percent of the employee's sick leave balance as it existed on the effective date of the industrial disability retirement. Further, said employee shall then be paid the cash value of accumulated vacation, holiday, and compensatory time.

ARTICLE 33 - FMLA/CFRA COMPLIANCE AND LEAVE POLICY

The City's Administrative Policies shall reflect FMLA and CFRA leave requirements.

ARTICLE 34 - 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.

IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 21st15th day of June, 20232022.

MONTEREY PARK PROFESSIONAL CITY OF MONTEREY PARK

CHIEF OFFICERS' ASSOCIATION

By: _____________________________ By: _______________________________ Mark Khail Ronald Bow
Division Chief City Manager

By: _____________________________ By: _______________________________ L. Christopher Thompson Inez Alvarez
Division Chief Assistant City Manager

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By: _____________________________ By:

Ryan Weddle Martha Garcia
Division Chief Director of Management Services

By:

Christine Tomikawa
Director of Human Resources & Risk Mgmt

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ADDENDUM A

Effective the first pay period after July 1, 2023, or Council approval of this MOU whichever is later, the salary for Battalion Chief shall increase by 9.5%

Range Step 1 Step 2 Step 3 Step 4 Step 5
4 $11,798 $12,395 $13,022 $13,681 $14,365

Effective the first pay period after July 1, 2024, the salary for Battalion Chief shall increase by 1.5%

Range Step 1 Step 2 Step 3 Step 4 Step 5
4 $11,975 $12,581 $13,217 $13,886 $14,580

Division Chief

Range Step 1 Step 2 Step 3 Step 4 Step 5

4 $10,774

$11,320

$11,892

$12,494

$13,118

Effective the first payroll cycle after July 1, 2022 the salary for Division Chief shall increase by 1%.

ADDENDUM B

Essential Worker Premium Pay – The City shall make a one-time non-PERSable lump sum payment of $4,500 to each bargaining unit member who was employed by the City in a classification in this unit prior to March 31, 2021 and is still employed by the City in a classification in this unit on the date of distribution. This payment shall be distributed with the first payroll distribution after July 1, 2022, or after Council adoption of this MOU, whichever is later. This payment shall be subject to all applicable tax withholding.

Limited Me-too/Parity Provision: If another City safety association (POA, Fire, Police Captains or Police Mid-management) associations receives an Essential Worker Premium Payment in excess of $4,500 per employee within four months of City Council adoption of this MOU, the City shall provide a non-PERSable payment of the difference between the amount already paid pursuant to this Addendum B and the amount given to the employees in the other safety association. The supplemental payment shall also be subject to applicable tax withholding. In order to be eligible for the supplemental payment, the employee must be employed in a classification in this bargaining unit at the time of the supplemental distribution.

30 MO110\188\12070367.v1-6/13/23

Staff Report
June 21, 2023

ATTACHMENT 2
Monterey Park Professional Chief Officers’
Association (MPPCOA) – Clean Version
Memorandum of Understanding July 1, 2023 to
June 30, 2025

MO110\188\12070367.v1-6/13/23

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS'

ASSOCIATION

July 1, 2023 – June 30, 2025

MO110\188\12070367.v1-6/13/23 i

TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS' ASSOCIATION (July 1, 2023 – June 30, 2025)

ARTICLE 1 - SCOPE OF REPRESENTATION .........................................................................1 ARTICLE 2 - RECOGNITION ....................................................................................................1 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS .........................................................1 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYER REPRESENTATIVES .............................1 ARTICLE 5 - COMMUNICATIONS ..........................................................................................2 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS .3 ARTICLE 7 - GRIEVANCE PROCEDURE ...............................................................................3 ARTICLE 8 - VACATION AND HOLIDAYS ...........................................................................7 ARTICLE 9 - SICK LEAVE ......................................................................................................10 ARTICLE 10 - BEREAVEMENT LEAVE ...............................................................................12 ARTICLE 11 - MILITARY LEAVE ..........................................................................................13 ARTICLE 12 - JURY DUTY .....................................................................................................13 ARTICLE 13 - LEAVE OF ABSENCE .....................................................................................13 ARTICLE 14 - ADMINISTRATIVE LEAVE ...........................................................................13 ARTICLE 15 - UNIFORMS .......................................................................................................14 ARTICLE 16 - HEALTH INSURANCE ...................................................................................15 ARTICLE 17 - RETIREE HEALTH SAVINGS PLAN.....…………………………………….15

ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ……………15

ARTICLE 19 - EDUCATIONAL INCENTIVE PAY ...............................................................18 ARTICLE 20 - TRAVEL REIMBURSEMENT ........................................................................19

MO110\188\12070367.v1-6/13/23 ii
ARTICLE 21 - RETIREMENT BENEFITS ..............................................................................19 ARTICLE 22 - SALARIES AND WAGES ...............................................................................20 ARTICLE 23 - WORK SCHEDULE .........................................................................................21 ARTICLE 24 - ACTING/TEMPORARY ASSIGNMENTS .....................................................21 ARTICLE 25 - PHYSICAL EXAMINATIONS ........................................................................22 ARTICLE 26 – 401 (A) PLAN / DEFERRED COMPENSATION PLAN ...............................23 ARTICLE 27 - SPECIAL MANAGEMENT COMPENSATION PAY ....................................22 ARTICLE 28 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION 25 ARTICLE 29 - GENERAL PROVISIONS ................................................................................25 ARTICLE 30 - TERM OF MEMORANDUM OF UNDERSTANDING .................................26 ARTICLE 31 - MODIFIED DUTY ELIGIBILITY ...................................................................26 ARTICLE 32 - INDUSTRIAL DISABILITY RETIREMENT..................................................26 ARTICLE 33 - SICK LEAVE USE IN CONJUNCTION WITH IOD ......................................26 ARTICLE 34 - FMLA/CFRA COMPLIANCE AND LEAVE POLICY ..................................27 ARTICLE 35 - CITY COUNCIL APPROVAL .........................................................................27 ADDENDUM A ........................................................................................................................ 26 ADDENDUM B ………………………………………………………………………………26

1 MO110\188\12070367.v1-6/13/23

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and

THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS' ASSOCIATION (July 1, 2023 – June 30, 2025)

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 Professional Chief Officers' Association, hereinafter referred to as “PCOA” have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.

A
RTICLE 1 - SCOPE OF REPRESENTATION

The scope of representation of PCOA shall include matters relating to employment conditions and employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.

The wages, hours and working conditions specified in this MOU shall constitute the wages, hours and working conditions for the term of this MOU.

ARTICLE 2 - RECOGNITION

A. The Monterey Park Professional Chief Officers' Association (PCOA) is hereby recognized as the exclusive Recognized Employee Organization for those employees occupying the job classification of Fire Battalion Chief.

B. The City acknowledges PCOA as the representative for employees in the Fire Department for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.

ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS

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 requirements determined by 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 s uspend, discipline or discharge for just cause; to expand or diminish services; to subcontract any work or operations; to determine and change methods of 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.

ARTICLE 4 - EMPLOYEE AND/OR EMPLOYER REPRESENTATIVES

A. A ll employees represented by PCOA, shall have the right to join PCOA, or to refuse or refrain from joining PCOA.

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B. Members of PCOA may, by any reasonable method, select three (3) representatives who may or may not be City employees to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during regular or working hours, without loss of time, provided:

1. That no employee representative shall leave duty or workstation or assignment without specific approval by any authorized departmental management official.

2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work scheduled 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. Deductions as authorized by the employee shall be deducted from earned wages or salaries each pay period. The City shall forward to PCOA during the succeeding week all dues and/or initiation fees deducted from the employees.

D. PCOA shall indemnify, defend, and hold the City harmless against any claim and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the section regarding dues deduction.

E. PCOA representatives, while on City property, shall abide by the City's safety rules and regulations.

F. Such individuals, after being excused from their regular assigned duties by the Fire Chief or delegated representative, will be permitted to take reasonable time to discuss terms and conditions as set forth in this MOU.

G. Said employee or employees, if on duty, shall be paid for such reasonable time by the City at the employee's base rate of pay. However, no overtime will be paid by the City for time spent as set forth above, except if and when the employee is working a relief overtime shift.

H. A written list of the Officers of PCOA and the Employee Representatives shall be f urnished to the City immediately after their designation and PCOA shall notify the City promptly in writing of any changes of such Officers or Representative.

ARTICLE 5 - COMMUNICATIONS

Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee group members:

1. PCOA recreational and social activities.

2. PCOA election notices and results.

3. PCOA meetings and events.

4. Such other notices as may be mutually agreed upon by PCOA and the Fire Chief or representative.

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ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS

A. PCOA hereby agrees that during the term of this MOU, the employees of PCOA, the officers and/or agents of PCOA shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, picketing, or any other intentional interference of work of the City.

B. In the event any employee, or employees, participate in any such activities as set forth above, PCOA 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.

C. The employee, or employees, participating in such activities as set forth in paragraphs A and B 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. D

EFINITIONS

1. A "grievance" is an allegation by a member or PCOA on behalf of specified unit members of the bargaining unit who have been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding during its term, or an appeal of a disciplinary action decision by the City Manager.

2. A "disciplinary appeal" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations. The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands or other documentation regarding the employee's work performance yet which is not defined as "disciplinary action" by Rule XV of the City Personnel Rules and Regulations. A "disciplinary appeal" shall be filed after 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, Arbitration.

Discipline shall be imposed in such a manner as to not violate the FLSA with regard to “exempt” employees.

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

4. A "grievant" is any unit member or PCOA on behalf of specified unit members adversely affected by an alleged violation of the specific provisions of this MOU, or a punitive disciplinary action.

5. A "day" is any day in which the administrative offices of the City of Monterey Park are open for regularly scheduled business.

B. GE

NERAL PROVISIONS

4 MO110\188\12070367.v1-6/13/23

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 the grievance is ultimately sustained only then may the employee not comply with that directive.

2. Grievance documents shall not be placed in the personnel file unless they relate to discipline. If they relate to discipline, they will not be placed in the employee’s personnel file until after the discipline appeal process (if applicable) is completed.

3. Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or the PCOA. 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. If the City fails to respond to the grievant by the deadline to respond at any step in the grievance process, that shall constitute a denial of the grievance at that step and the grievant’ s time to file an appeal to the next step will start the following day. The grievant and the City may extend any time deadline by mutual agreement.

4. Every effort will be made to schedule meetings for the processing of grievances at times that will not interfere with the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.

5. Any unit member may at any time present grievances to the City and have such grievances resolved without the intervention of PCOA, as long as the resolution is reached prior to arbitration and the resolution is not inconsistent with the terms of this MOU; provided that the City shall not agree to a resolution of the grievance until PCOA has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the PCOA, which may include the attorney of PCOA.

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 protections.

7. There shall be no reprisals against any Department employee for processing a grievance at any level, or for assisting a grievant in the processing of a grievance.

C. P
ROCEDURE - Grievances will be processed in accordance with the following procedures:

1. L evel I - Informal Resolution

a. Any unit member who believes he/she has a grievance which is an alleged violation of the specific provisions of this Memorandum of Understanding shall present the grievance orally to the Fire Chief within fifteen (15) days after the grievant knew, or reasonably should have known, of the circumstances which form

5 MO110\188\12070367.v1-6/13/23
the basis for the grievance. Failure to do so will mean the grievance is untimely and shall not be processed. The Fire 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 meeting that at least one personal conference be held between the aggrieved employee and the Fire Chief.

2. L
evel II - Formal Written Grievance

a. If the grievance is not resolved during the informal conference and the grievant wishes to continue the grievance process, the grievant shall present the grievance in writing on the appropriate form to the Fire Chief within ten (10) days after conclusion of Level I. The written information shall include: (a) A description of the specific grounds of the grievance, including names, dates, and pl aces necessary for a complete understanding of the grievance; (b) A listing of the provisions of this agreement which are alleged to have been violated; (c) A listing of the reasons why the Level I proposed resolution of the problem is unacceptable; and (d) A listing of specific actions requested of the City which will remedy the grievance.

b. The Fire Chief or designated representative shall communicate his/her decision, in writing, to the grievant within ten (10) days after receiving the grievance.

c. Within the above time limits, either party may request a personal conference.

3. L
evel 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. L
evel IV - Binding Arbitration

a. If the grievant is not satisfied with the decision at Level III, or if an employee 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 to PCOA for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, PCOA shall inform the City, in writing, of its intent to arbitrate. PCOA and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of seven (7) names of persons experienced in hearing grievances in cities.

6 MO110\188\12070367.v1-6/13/23
Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by coin toss.

b. The arbitrator 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 arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.

c. The City and PCOA agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The arbitrator 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, nor shall he/she impose any limitations or obligatio ns not specifically provided for under the terms of this MOU. The arbitrator shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.

d. In the event that this grievance procedure is used to challenge disciplinary actions, the arbitrator shall prepare a written decision containing findings of fact, determination of issues, and statement of the precise disciplinary penalty, if any.

e. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award.

f. The award of the arbitrator shall be final and binding within sixty (60) days of submission. During this sixty (60) day period either party may request in writing a clarification of the decision. A copy of such request must be provided to the other party simultaneously with the sending of the request to the arbitrator.

g. The fees and expenses of the arbitrator(s) shall be shared eq ually by the City and PCOA. 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 arbitration hearing. The cost of the services of such court reporter shall be shared equally by the City and PCOA; however, the party ordering a transcript shall be responsible for the entire transcription fee.

h. 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/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for

7 MO110\188\12070367.v1-6/13/23
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 enforcement of any arbitration award in any court per Civil Code Procedure section 1286 et seq.

i. The City and PCOA agree to binding arbitration for disciplinary appea ls and these provisions for discipline are intended to comply with the Firefighters’ Bill of Rights.

ARTICLE 8 - VACATION AND HOLIDAYS

It is the intent and purpose of this vacation and holiday leave policy that all employees avail themselves of accrued vacation and 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 Fire Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation and holiday accrual.

A. VAC

ATION PROGRAM

1. It is the policy of the City that no employee may accrue greater than 432 vacation hours. Upon accrual of 432 hours, no unit member shall accrue any additional vacation hours nor be compensated for any vacation hours in excess of 432 hours unless and until utilization of accrued vacation time r esults in the employee's vacation account totaling less than 432 hours.

In those instances where an employee has accumulated vacation hours on or before March 10, 1995, the employee shall be subject to two (2) separate vacation banks. The first vacation bank (Bank No. 1) shall consist of the total number of vacation hours accrued on or before March 10, 1995. The number of vacation hours contained within Bank No. 1 shall not increase.

At the sole discretion of the Fire Chief, special consideration may be given to an employee's written request to accumulate vacation credits in excess of the maximum allowable vacation balance of 432 hours Said approved credits will be converted to Bank No. 1.

2. Sworn Fire Members Assigned to Twenty-four Hour Shift Work: Employees covered under this MOU, with the exception of temporary appointments, shall accumulate vacation with pay as follows:

Years of Number of Years of Number of

Service Shifts Allowed Service Shifts Allowed 1 6 shifts 11 9 shifts
2 6 shifts 12 9 shifts
3 6 shifts 13 9 shifts
4 6 shifts 14 10 shifts
5 6 shifts 15 10 shifts
6 6 shifts 16 11 shifts

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7 6 shifts 17 11 shifts
8 7 shifts 18 12 shifts
9 7 shifts 19 12 shifts
10 9 shifts 20 13 shifts

3. Sworn Fire Members Assigned to a Forty- Hour Week: A n employee covered under this MOU, who is required to work a forty- hour workweek, with the exception of temporary appointments, shall accumulate vacation with pay as follows:

After one (1) year of paid service, vacation leave with pay shall be granted eac h permanent employee at the rate of eighty (80) hours each year. Additional vacation leave with pay shall be granted at the rate of eight (8) hours each year, beginning with the employee's sixth (6th) anniversary. Maximum vacation per year is one hundred-ninety two (192) hours.

4. Sworn Fire members assigned to a twenty- four hour shift may, annually during any fiscal year, elect to cash out up to 6 shifts (144 hours) of vacation time. The effective date(s) of any such cash-out is to be determined by the employee.

Sworn Fire members assigned to a forty- hour workweek may, annually during any fiscal year, elect to cash out up to seventy- two (72) hours of vacation time The effective date(s) of any such cash-out to be determined by the employee.

5. Each December, employees who wish to cash out vacation hours must submit an irrevocable election form, by no later than December 15 th, to cash-out up to 144 hours
of vacation leave, that may accrue in the following calendar year .The cash -out is available only for hours to be accrued in the calendar year following submission of the irrevocable election form and which have not been used.

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 15 th 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 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 foll owing 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 1 st of the calendar
year the employee had elected to cash -out and/or in the same calendar year. T he 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.

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6. 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

• 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 payment shall be made with the last paycheck in December of the same calendar year.

B. HOL
IDAYS

Except as modified herein, holidays shall be governed as defined in Rule XI, Attendance and Leaves, Section 7, Holidays, of the Personnel System Rules and Regulations of the City of Monterey Park.

1. Association members shall accrue twelve (12) holiday hours per month. Any holiday time accrued shall be automatically cashed out in the first full pay period after December 1 of each year. There is no carry over of holiday time.

Use of holiday accrued time shall be governed by Article 8 (C) of this MOU.

2. Employees assigned to a forty hour work schedule receive time off (same holiday closures as City Hall) for the following holidays:

New Year’s Day Thanksgiving Day
Washington’s Birthday Friday after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day New Year’s Eve Day
Veteran’s Day

In addition, employees assigned to a forty hour work schedule receive two floating holidays. Floating holiday hours have a maximum accrual of thirty-two (32) hours. Once employees reach the maximum, no additional hours accrue until the use of leave reduces the accrual below thirty-two.

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C. AP PROVAL TO USE VACATION AND HOLIDAY TIME REMAINING IN HOLIDAY BANKS

Subject to the exceptions described herein, upon a written request thirty (30) calendar days in advance of any such requested date(s) to utilize specified dates(s) of vacation and/or holiday time, the Fire Chief shall grant the leave request. However, the Fire Chief shall be authorized to deny any or all leave requests upon a written determination made by the Fire Chief and/or his/her designee that the granting of such leave request would or might disrupt the operations of the Department. However, it is specifically acknowledged that the fact that overtime expenses will or may be incurred as a result of the granting of lea ve utilization when thirty (30) calendar days advanced notice is provided as described herein, shall not constitute a consideration in the administration's determination that granting of the leave will or may disrupt operations of the Department.

In any case where an employee provides less than thirty (30) calendar days written notice to the Fire Chief of the employee's request to use earned vacation and/or holiday time, then the Fire Chief shall have the authority and discretion for any reason (including but not limited to real or potential overtime impact, real or potential disruption to the operations of the Department, or real or potential safety impact) to deny the vacation and/or holiday leave request. The Fire Chief’s exercise of its discretion in this regard shall not be subject to administrative, civil or any other review or challenge.

Additionally, granting of any request to utilize earned vacation and/or holiday time shall be subject to the proviso that in no case shall more than one Division Chief be authorized to utilize said leave during all or part of the same shift dates(s). Where requests to utilize said leave exceeds the per shift classification number described in this paragraph, then the request filed earliest shall have priority. In c ases where requests are filed simultaneously, priority shall be given to the most senior (in total City service) applicant.

ARTICLE 9 - SICK LEAVE

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. Effective the pay period that includes January 1, 2020, the hours of sick leave earned by each employee annually will be reduced from one-hundred forty-four (144) hours to ninety-six (96) hours per year to allow forty-eight hours at regular rate of pay to be used for a new Retiree Health Savings Plan (see Article 17, page 15 for the Retiree Health Savings Plan). The forty-eight (48) hour contribution shall be prorated at the rate of four (4) hours per month. .

A. Sick Leave Use

Sick leave is used on an hour for hour basis. For example, employees who work 24 hour shifts and are absent for the full 24 hours will have sick leave of 24 hours deducted from their sick leave bank.

Sick leave is paid leave from work that can be used for the following purposes:

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(a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or

(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above.

B. C redit for Unused Sick Leave

The City contracts with CalPERS for the Credit for Unused Sick Leave option (Section 20965). Any amount of sick leave accrued and not taken as cash payment will be reported to CalPERS for calculation as additional service credit.

C. Sick Leave Cash Out

a. Individuals employed by the City as of July 1, 2012 had their existing sick leave balances (as of July 1, 2012) transferred to a separate sick leave bank (Bank 1). No additional leave could be added to this bank. Employees with hours in this bank can choose to use those hours for sick leave purposes. In addition, upon service retirement from the City, the City will cash out 50% of the sick leave hours in this leave bank to the employee at their rate of pay at the time of retirement.

b. Beginning July 1, 2012, with the establishment of the 12 hour per month sick leave accrual and sick leave maximum of 800 hours, a new sick leave bank (Bank 2) was established.

c. Every December , employees who wish to cash out sick leave hours must submit an irrevocable election form, by no later than December 15 th, to cash-out up to 144 hours
of sick leave that may accrue in the following calendar year. The cash-out is for hours to be accrued in the calendar year following the submission of the irrevocable election form.

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 15 th 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 the amount accrued in that calendar yea r that is remaining in their designated

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leave bank at the time of the actual cash-out.

If any 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 that 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.

d. 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 or extensive damage to the employee’s property due to casualty; or

• Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.

Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.

The payment shall be made with the last paycheck in December of that same calendar year.

e. In the event of the death of an employee prior to retirement, The City will pay to the employee’s designated beneficiary any sick leave cash out that the employee would have been eligible to receive upon a service retirement from the City.

ARTICLE 10 - BEREAVEMENT LEAVE

A. Each regular employee may be granted bereavement leave at the discretion of the Fire Chief whenever death occurs to a member of the employee’s immediate family. Paid bereavement leave may not exceed three working days, or in the case of Fire personnel working a 24-hour shifts schedule, three shifts. However, employees may take an additional two working days or shifts for bereavement leave, utilizing paid leave balances or by taking unpaid leave.

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 paid working days, or in the case of Fire personnel

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working a 24 hour shift schedule, five shifts. Bereavement Leave is to be charged to an account separate from the employee’s sick leave account.

B. Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, grandchildren, brother, brother-in-law, sister or sister-in-law of the employee.

ARTICLE 11 - 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 12 - JURY DUTY

An employee of the City who is required to participate as a juror, required to participate in the jury selection process, or required to appear in court as a witness except as the litigant in the case, shall be paid up to and including ten (10) days of salary and benefits during each fiscal year while 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, was to have been ten (10) days or less in duration.

Under such circumstances, the employee shall receive his/her regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a juror or witness , excluding mileage reimbursement.

ARTICLE 13 - LEAVE OF ABSENCE

As defined in Rule XI, Attendance and Leaves, Section 4, Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park.

A. When an employee maintains a non-paid employment status, the City shall make no premium or other contribution to insurance coverage except as may be required by provisions of the FMLA and/or CFRA. The employee may be required to deposit any and all insurance premiums with the City for remittance by the City to the carrier or to the carrier directly.

B. Prior to being placed on a leave of absence without pay, as permitted under any applicable law (e.g., CFRA, FMLA, PDL), employees must exhaust all accrued leave. Absence without pay for a period greater than 50% of a pay period shall result in no leave benefits or seniority accrual for said period of time.

ARTICLE 14 - ADMINISTRATIVE LEAVE

A. Represented FLSA exempt employees covered under this MOU shall receive 48 hours of Administrative Leave each July 1.

B The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Fire 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

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vacation and sick leave exhausted. Administrative leave may be utilized at any time during the fiscal year.

C. Employees requesting to utilize his/her administrative leave shall complete a Leave of Absence Request form and forward the approved form to payroll.

ARTICLE 15 - UNIFORMS

A. Uniforms Provided

1. The uniform allowance shall be eight hundred and six dollars ($ 806.00) per year. The City shall continue its credit/retail account program with a retail outlet to be determined by the City. The employee will be required to use the approved City vendor for the purchases of their identified uniform apparel. The uniform apparel covered by this uniform allowance includes:
two black Nomex shirts, two black
Nomex pants, two ties, one belt with buckle, one pair of shoes, and either a work jacket or sweater.

2. Upon appointment to a position in this unit, an employee shall receive an initial issue of the following items: one dress jacket, one reconditioned hat, one name tag, year pins, two sets of collar insignias, two black Nomex shirts, two black Nomex pants, two ties, one belt, one work jacket or sweater, and one pair of shoes.

3. The following items will be provided on an "as needed" replacement basis only: dress uniform, hat, nametags, year pins, and collar insignias, upon prior approval of the Fire Chief.

4. No employee will be eligible to receive the annual uniform allotment if such employee has for any reason been absent from active uniformed service for any time in excess of one-half of the fiscal year immediately preceding the allocation. Uniform allotment shall be provided on a prorated basis for those employees.

5. For “classic” members of the CalPERS system, the parties agree that the uniform allowance is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5).

B. S
afety Gear

The City shall provide and maintain safety items as mandated by CAL/OSHA through procedures established by the City. Included are the following items:

1. Turn-out boots, trousers, and coat 5. S afety shoes

2. Gloves and goggles 6. Flashlights

3. Helmet 7. Breathing apparatus

4. Brush jacket 8. Infectious disease protective clothing

C. Any employee who negligently damages or loses any provided equipment or uniforms shall be subject to disciplinary action.

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D. The City shall enter into a bulk-cleaning contract with a vendor(s) to be selected solely at the discretion of the City.

ARTICLE 16 - HEALTH INSURANCE

A. Medical Insurance (Active Employees)

Employees will receive insurance coverage through CalPERS under the California Public Employees’ Medical and Hospital Care Act (PEMHCA). The City’s contribution toward medical insurance under PEMHCA will be the minimum employer contribution (MEC) required by PEMHCA (in 2023 the MEC is $151/month).

B. Retiree Medical Insurance

1. 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 2023, this amount is $151 per month. CalPERS determines the amount annually and therefore, this is subject to change.

2. Individuals who were hired on or before December 31, 2015 and retire from the C ity 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 contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and either:
a. $386 per month when the employee retires with less than twenty (20) years of service
b. $550 per month when the employee retires with twenty (20) or more years of service

C. Dental Insurance

The City will contribute up to ninety-five dollars ($95). The employee will pay any and all pr
emiums due in excess of the City’s contribution under the City’s Cafeteria Plan (Section 125).

D. Vision Insurance Plan

The City shall provide a vision insurance plan. The City will contribute up to twenty ($20) dollars per month for the employee and eligible dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan.

The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months. Deductible shall be $10.00/exam; $20.00/frame and lenses.

E. S
ection 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

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elect to participate in an pay through payroll deduction.

3. The City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to one thousand nine hundred and ninety five dollars ($1,995) per month for employees electing to enroll in a medical plan in PEMHCA. The City’s contribution will include the PEMHCA MEC (as determined yearly by CalPERS; $151 per month for 2023) 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 including but not limited to, consideration of the impact of the Excise Tax (commonly known as the Cadillac Tax).

G. Life Insurance - The City will provide employees covered by this MOU a term life insurance policy in the amount of $100,000.

H. Supplemental Life Insurance may be purchased by each active 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.

I. Long Term Disability: City paid premium for LTD as provided other management employees of the City.

ARTICLE 17 – RETIREE HEALTH SAVINGS PLAN

A. Beginning January 2020, the City has agreed to provide contributions for full-time Unit employees toward a Retiree Health Savings Plan (RHSP) as described in this Section.

B. The intent of the RHSP is to help participants pay eligible medical expenses during retirement using tax-deferred funds.

C. Eligible expenses include retiree health plan premiums, Medicare premiums, long-term care premiums and out of pocket health expenses.

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D. The City agrees to contribute the dollar equivalent of 48 hours annually of unpaid sick time to the Unit employees RHSP account. These contributions will be made for each complete calendar month of an employee’s active City service. For example, each eligible member will receive 4 hours per month contribution equaling 48 hours annually. The employee’s annual sick leave accrual will be reduced from 144 hours annually to 96 hours annually (see Article 9, page 9).

E. Contributions to the RHSP are 100% vested.

F. Contributions and earnings on the contributions to the RHSP accumulate on a tax-free basis and are not subject to tax if they are used to pay for eligible medical expenses for participants and their eligible dependent(s).

G. Participants are allowed to self-direct all account assets into one or more of the investment options available within the RHSP.

H. The RHSP shall provide for benefits to be paid to a Unit employee after separation from City service based upon contributions made on behalf of such employee and shall not define a particular benefit to be paid to such employee.

I. Unit employees, whether active or terminated, may not transfer their RHSP account to a similar plan not sponsored by the City.

J. In the event of death, the participants account will transfer ownership to a surviving spouse or tax-qualified dependent. If the participant does not have a spouse or tax-qualified dependent, the unused assets will be forfeited back to the plan and distributed to plan participants on a pro-rated basis.

K. The RHSP will be administered by the authorized plan administrator designated by the City in a manner consistent with this Agreement. Administration fee will be paid by plan participants.

L. The City may change the RHSP at any time during the term of this Agreement, provided that the amount of contributions to the RHSP specified in Section C above do not change. Ay change shall not affect any contributions that have vested under Section C above.

ARTICLE 17 - 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 provided through an accredited institution, directly related to their employment, or compatible with a career goal with the City. No reimbursement shall be authorized for pursuit of an academic degree beyond a Masters nor shall reimbursement of tuition or other costs be approved for a course of study at institutions that grant credit for “life experience” in-lieu of completion of specified course material.

Enrollment cost reimbursement is subject to approval by both the Fire Chief and Director of Human

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Resources/Risk Management. In rendering a reimbursement determination, the Fire Chief and Director of Human Resources/Risk Management shall consider whether or not the course(s) for which 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 Fire Chief and Director of Human Resources/Risk M anagement. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Fire Chief and Director of Human Resources/Risk Management shall be final.

An employee will be reimbursed up to seven- five dollars ( $75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to two - hundred ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.

ARTICLE 18 - EDUCATIONAL INCENTIVE PAY

A. The City agrees to an Educational Pay Plan that provides compensation as follows:

1. Either:
a. $135.00 additional salary per month for an employee with an Associate of Arts degree, or
b. $275.00 additional salary per month for an employee with a Bachelor's degree in a major reasonably related to the employee's work or consistent with a career objective with the City, or
c. $325.00 additional salary per month for an employee with a Master's degree in a major reasonably related to the employee's work or consistent with a career objective with the City.

2. Beginning with the start of the first payroll period beginning after July 1, 2023, or when the Council adopts this MOU, whichever is later, Educational Pay shall be paid each pay period at the following noncumulative amounts:

Either:
a. 2% of base salary for an employee with an Associate of Arts degree or successful completion of 60 units in a major reasonably related to the employee's work or consistent with a career objective with the City, or b. 5% of base salary for an employee with a Bachelor's degree in a major reasonably related to the employee's work or consistent with a career objective with the City, or
c. 6% of base salary for an employee with a Master's degree in a major reasonably related to the employee's work or consistent with a career objective with the City.

B. In addition, possession of a Company Officer Certification shall allow an employee to be

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compensated at $60 per month. P ossession of a Chief Officer certification shall allow an employee to be compensated at $ 120 per month. Only certification issued by the California State Fire Marshal’s Office shall be accepted. These certifications are not cumulative compensation.

C. In addition, an employee any employee who receives Task Force Leader, Strike Team Leader and/or Executive Fire Officer designation will be eligible for an incentive of $200 per month effective upon the signing of this MOU. Effective July 1, 2020 the incentive shall increase to $250 per month. Effective January 1, 2021, the incentive shall increase to $300 per month.

D. 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 19 - TRAVEL REIMBURSEMENT

Mileage is reimbursed for travel in connection with City business. Prior approval must be obtai ned from the immediate supervisor or Fire Chief. Mileage forms are available in the department and, if travel is required frequently during a month, reimbursement will be made once each month.

Completed mileage forms shall be submitted to the Fire Chief.

ARTICLE 20 - RETIREMENT BENEFITS

A. Retirement benefits are provided pursuant to a contract with the California Public Employees’ Retirement System (CalPERS). For all Safety employees, the contract includes the Post Retirement Survivor option, the 1959 Survivor’s benefit – Level 4, and Military Service Credit as Public Service.

B. Employees who are “classic” members under the CalPERS regulations have the retirement formula that existed with the City on December 31, 2012, 3%@55 with single highest year f or final compensation. Classic employees shall pay nine percent (9%) compensation earnable as the employee contribution to CalPERS.

C. 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 a member of a reciprocal system or who has had a break in service of at least six months or more) will have the retirement formula 2.7%@57 w ith a three year average for final
compensation. New members contribute one-half the total normal cost as set by CalPERS each year.

D
. Cost-Sharing
Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2019/20 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) retirement contribution (up to twelve percent 12%) 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.

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‘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 21 - SALARIES AND WAGES

SALARY RANGES

A. Salary ranges for classifications in this unit are identified in Addendum A.

B. Effective beginning with the first full pay period starting after July 1, 2023 or Council approval of this MOU whichever is later, the salary range for Battalion Chief will be increased by 9.5%.

Effective beginning with the first full pay period after July 1, 2024, the salary range for Battalion Chief will be increased by 1.5%.

C. 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.

Beginning with the start of the first payroll period beginning after July 1, 2023, or when the Council adopts this MOU, whichever is later, Longevity Pay shall be paid each pay period at the following noncumulative amounts:

4.5% of base salary upon completion of twenty (20) years of continuous service;

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9.0% of base salary 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).

D. Salary Range Advancement

Advancement within the 5-step salary range shall be subject to the terms and conditions as set forth under City policy.

E. EM
T- D Premium Pay

1. Following Department of Health Services approval of the Fire Department’s AED program, individuals who are in possession of valid certification as Emergency Medical Technician – Defibrillator (EMT-D) shall receive $200.00 per month premium pay. Individuals holding an EMT- P (Paramedic) certification are not eligible for premium pay under this section

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) – EMT Pay.

ARTICLE 22 - WORK SCHEDULE

The basic work schedule for employees assigned to Fire Suppression is eight 24- hour shifts in a 24- day work period which amounts to an average of 121 ( 122 in a leap year) work shifts per year. The basic work schedule for employees assigned to Fire Prevention is forty (40) hours per week.

ARTICLE 23 - ACTING/TEMPORARY ASSIGNMENTS

A. Employees assigned in an acting or temporary capacity to work in a position/class having a higher rank or salary range shall be assigned pursuant to the following provisions:

1. Employees must be certified by the City Manager or Fire Chief to work in an acting/temporary assignment capacity in said position/class. Certification for acting and/or temporary assignments shall be at the sole discretion of the City Manager or Fire Chief. The City Manager’s/Fire Chief’s determination regarding certification for acting/temporary assignments shall not be grievable and is considered to be determinative. “Certification” shall only mean that the City Manager/Fire Chief has used discretion and determined solely in his/her professional opinion that the individual is capable of performing the acting or temporary assignment. “Certification” shall not refer to a ny particular examination or evaluation process, and no such process shall be required for use by the City Manager/Fire Chief in rendering his/her determination.

B. Acting assignments shall be filled in the following manner (to the extent that this Article is inconsistent with the City Personnel Rules, this Article shall prevail);

C. N
eed for Acting/Temporary Assignments: To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on an acting /temporary assignment basis to positions of a higher classification. For the purposes of this

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Article, it is understood that acting/temporary assignments may be required in order to temporarily fill position classification vacancies, which may ex ist for any of the following reasons:

1. A position classification is vacant and is scheduled to be filled by a regular full -time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.

2. A position classification is vacant, although filled, because the regular employee is on an approved paid or unpaid leave of absence.

D. It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every reasonable effort, as determined by the City, to fill vacancies in a most expeditious manner and to keep the need for such acting/temporary assignments to a minimum.

E. S
election for Acting/Temporary Assignments. The selection of an employee for acting/temporary assignments shall be at the sole discretion of either the City Manager or the Fire Chief or their designee. Selection shall be pursuant to the guidelines in A1 above.

F. N
o person shall be appointed to an acting/temporary assignment when on probation.

Acting/temporary assignments shall be filled depending on the needs of the Fire Department as determined by the sole discretion of the City Manager or Fire Chief.

G. S
tatus of Employee in Acting/Temporary Assignment . Time served in an acting/temporary assignment shall not be credited towards completion of any probationary test period in the acting/temporary assignment position. Time served in an acting/temporary assignment position shall not alter the employee’s anniversary date. If the employee in an acting/temporary assignment would have been eligible for a merit increase had the acting/temporary assignment appointment not been made, then the employee shall remain eligible for such merit increase with the employee’s performance in both the regular and acting/temporary assignment positions being considered.

H. D
uration of Acting/Temporary Assignment. The duration of any acting/ temporary assignment shall be in accordance with Rule IX of the Personnel System Rules and Regulations.

A
RTICLE XX – FAIR LABOR STANDARDS ACT

A. 7K Exemption. The City of Monterey Park has exercised its ability to take statutory “7K” exemption for sworn personnel. The work period for such employees assigned to suppression positions shall be twenty-four (24) days.

B. Overtime (Fire Suppression). Hours worked by fire suppression employees in excess of the standard work period of one hundred and eighty-two (182) hours in a twenty-four (24) day cycle shall be compensated at the overtime rate of time and one-half his/her regular rate of pay.

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C. In determining overtime compensation, all hours worked and hours where paid leave is used in lieu of hours worked, except sick leave, shall be counted as total hours.

ARTICLE 24 - PHYSICAL EXAMINATIONS

The City agrees to provide employees a complete physical examination, including stress EKG on the following basis:

A. Employees shall be administered a complete physical examination, including stress EKG, or be administered portions of the examination as they may be required, as follows:

1. Employees under forty years of age shall be administered a complete physical examination without the stress EKG every two years. The stress EKG will be administered every four years only.

2. Employees forty years of age or over shall be administered a complete physical examination including stress EKG every two years.

3. A City physical exam may be provided more frequently upon request of the employee and approval by the Director of Human Resources and Risk Management.

B. Employees shall be given all examinations while on duty status, or if given this examination while off-duty, shall be compensated at straight time (if employee reschedules examination to off duty time, no compensation will be paid).

C. The City agrees such medical examination shall review those factors and standards reasonably required to be met by an employee to substantially comply with his/her job requirements.

D. The cost of the examination shall be borne by the City.

E. The medical provider shall notify the City whether or not the employee is “medically qualified" to perform the essential functions of the position.

ARTICLE 25 – 401(a) PLAN / DEFERRED COMPENSATION PLAN

401(a) Plan

The city will amend the 401(a) plan to permit employer contribution on behalf of the unit members.

The plan amendment will be effective the payroll period following the 2019/20 CalPERS contract amendment approval and simultaneously to members picking up an additional cost sharing amount as outline in Article 20, Retirement Benefits, Section D.

A. City Contribution to a 401(a) Plan

Effective the payroll period following the 2019/20 CalPERS contract amendment approval, the City will contribute to a 401(a) Plan for all members of the bargaining unit as follows:

Tier 1: Classic members will receive 3% of regular monthly salary to the 401(a) Plan.

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Tier 2: “New members” (PEPRA) will receive $185 per month to the 401(a) Plan.

A deferred compensation plan will be available to all members of the Professional Chief Officers' Association employee group. Participation in this deferred compensation plan is at the option of the individual employee.

A. B
. 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-y
ear 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.

T
he 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 26 - SPECIAL MANAGEMENT COMPENSATION PAY

25 MO110\188\12070367.v1-6/13/23
A. Compensatory Time -

In lieu of receiving cash payment for hours worked in excess of regularly scheduled shifts, .an employee may elect the option of accruing compensatory time off. Compensatory time shall be earned at straight time for each hour worked.

All accrued compensatory time will be converted from accrued time and paid as cash as of December 1 of each year. The remaining balance will remain on the books until such time as the employee utilizes the compensatory time.

ARTICLE 27 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION

Reasonable written notice will be given to PCOA 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 PCOA, 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.

PCOA shall be deemed to have met and conferred and agreed to any matter within fifteen calendar days after hand delivery of the notice by the City to the on-duty Division Chief regarding said matter and the employee organization fails to deliver to the City Manager a written request for a meeting.

ARTICLE 28 - GENERAL PROVISIONS

A. If any section, subsection, subdivision, sentence, clause or phrase of the MOU is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this MOU.

B. This MOU shall not in any way interfere with the obligation of the parties hereto to comply with 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.

C. The parties acknowledge that during the meeting and conferring in good faith which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of meeting and conferring, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity is set forth in the MOU. Therefore, the City and PCOA, for the term of this MOU, each voluntarily unqualifiedly waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they met and conferred or signed this MOU, unless otherwise provided for herein or if the parties mutually agree to meet and confer on a matter subject to negotiations.

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D. It is agreed that neither PCOA nor the City shall discriminate against any employee because of race, religion, national origin, age, gender, disability, sexual orientation, marital status, or political/union membership or activity.

ARTICLE 29 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2023 and ending June 30, 2025, and shall continue in effect from year -to-year thereafter unless or until terminated.

ARTICLE 30 - MODIFIED DUTY ELIGIBILITY

Subject to the one exception described below, modified duty shall be made available, on a temporary basis, only to those individuals suffering an industrial injury. The only exception to this rule shall be that non-industrial disabilities related to pregnancy, shall result in the subject employee being eligible for modified duty.

ARTICLE 31 - INDUSTRIAL DISABILITY RETIREMENT
The City may request a disability retirement on behalf of an employee as permitted under the law.

ARTICLE 32 - SICK LEAVE USE IN CONJUNCTION WITH IOD

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 service and 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 retirements and that any such retirement shall be made effective regardless of the employee having sick leave remaining in the employee's account. Additionally, it is acknowledged that with regards 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:

A. 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 posi tion, then the employee shall have the option of electing to receive 50 percent of the sick leave balance existing at the time of exhaustion of the Labor Code Section 4850 benefits, which said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.

B. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one -time cash distribution equivalent to 50 percent of the

27 MO110\188\12070367.v1-6/13/23
employee's sick leave balance as it existed on the effective date of the industrial disability retirement. Further, said employee shall then be paid the cash value of accumulated vacation, holiday, and compensatory time.

ARTICLE 33 - FMLA/CFRA COMPLIANCE AND LEAVE POLICY

The City's Administrative Policies shall reflect FMLA and CFRA leave requirements.

ARTICLE 34 - 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.

IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 21
st day of June, 2023.

MONTEREY PARK PROFESSIONAL CITY OF MONTEREY PARK

CHIEF OFFICERS' ASSOCIATION

By: _____________________________ By: _______________________________ Mark Khail Ronald Bow
Division Chief City Manager

By: _____________________________ By: _______________________________ L. Christopher Thompson Inez Alvarez
Division Chief Assistant City Manager

By: _____________________________ By:

Ryan Weddle Christine Tomikawa
Division Chief Director of Human Resources & Risk Mgmt

28 MO110\188\12070367.v1-6/13/23

ADDENDUM A

Effective the first pay period after July 1, 2023, or Council approval of this MOU whichever is later, the salary for Battalion Chief shall increase by 9.5%

Range Step 1 Step 2 Step 3 Step 4 Step 5
4 $11,798 $12,395 $13,022 $13,681 $14,365

Effective the first pay period after July 1, 2024, the salary for Battalion Chief shall increase by 1.5%

Range Step 1 Step 2 Step 3 Step 4 Step 5
4 $11,975 $12,581 $13,217 $13,886 $14,580

Staff Report
June 21, 2023

ATTACHMENT 3
MOU Resolution

RESOLUTION NO. ____

A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR CONTRACT YEAR 2023-2025 BETWEEN THE

CITY OF MONTEREY PARK AND THE MONTEREY PARK
PROFESSIONAL CHIEF OFFICERS’ ASSOCIATION.

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Professional Chief Officers’ Association (“MPPCOA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2023-2025.

SECTION 2: Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2023-25. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.

SECTION 3: Following a vote of its membership, the MPPCOA 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 effective July 1, 2023. 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: Effective Date. This Resolution will become effective immediately upon adoption.

PASSED AND ADOPTED this ____ day of _________, 20__.

____________________________
Jose Sanchez, Mayor
ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: Authorizing Mayor to sign letters on behalf of the City supporting Governor Newsom’s proposal for a 28th Amendment to the United States Constitution and the Language Access to Gun Violence Prevention Strategies Act of 2023; and receiving and filing the firearm legislative update report.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing Mayor to sign a letter on behalf of the City supporting Governor Newsom’s proposal for a 28th Amendment to the United States Constitution to help address America’s Gun Violence Crisis;

2. Authorizing Mayor to sign a letter on behalf of the City supporting the Language Access to Gun Violence Prevention Strategies Act of 2023;

3. Receiving and filing the firearm legislative update report; and

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

EXECUTIVE SUMMARY:

On January 21, 2023, the City of Monterey Park experienced a Mass Casualty Incident (MCI) where 20 people were shot. Eleven of those community members died. As our community struggles with the challenge of working through this tragedy, fellow citizens and residents in California and the rest of the country continue to be confronted with substantially similar MCIs.

State and federal legislation continues to be proposed to help reduce the likelihood that other communities will suffer the same fate as Monterey Park and numerous other communities across the United States.

As requested by City Council Members, it is recommended that the City Council consider supporting Governor Newsom’s proposal for a 28th Amendment to the United States Constitution to help address America’s gun violence crisis and supporting the Language Access to Gun Violence Prevention Strategies Act of 2023.

Staff recommends City Council receive and file the firearm legislative update report.

BACKGROUND:

The circumstances of Monterey Park’s January 21 st MCI are well-documented. It is not necessary to get into specifics other than to state that 11 of our friends, neighbors, and Consent Calendar - 3E

Staff Report

June 21, 2023
family-members were killed and another nine were physically injured. The number of other affected community members is difficult to count. While the City Council cannot prevent what has already happened, it can consider trying to prevent future MCIs by supporting proposed firearm legislation.

Governor Newsom’s 28
th Amendment Proposal
The 28th Amendment will permanently protect four broadly supported gun safety principles into the U.S. Constitution:
• Raising the federal minimum age to purchase a firearm from 18 to 21; • Mandating universal background checks to prevent truly dangerous people from purchasing a gun that could be used in a crime;
• Instituting a reasonable waiting period for all gun purchases; and • Barring civilian purchase of assault weapons that serve no other purpose than to kill as many people as possible in a short amount of time – weapons of war our nation’s founders never foresaw.

More information can be found at https://www.gov.ca.gov/2023/06/08/28th-amendment/.

Language Access to Gun Violence Prevention Strategies Act of 2023 U.S. Congress, Representative Judy Chu is seeking support for the Language Access to Gun Violence Prevention Strategies Act of 2023.

A summary of the Bill’s intention is provided in the attached letter and describes that the Language Access to Gun Violence Prevention Strategies Act of 2023 proposes to fill the gaps in the Bipartisan Safer Communities Act by ensuring robust in-language materials, outreach to LEP communities, and culturally competent education to community providers and law enforcement. It would do so by:
• Requiring competent, community reviewed, translations of all public facing resources provided by the Departments of Justice (DOJ) and Health and Human Services (HHS) related to gun violence prevention strategies. • Directing the Attorney General to ensure federal grant applications for funds related to the creation and implementation of extreme risk protection orders and other prevention efforts incorporate meaningful engagement with communities with high numbers of individuals with LEP.
• Directing the Attorney General and Secretary of HHS to develop and implement a national public awareness campaign for federally supported gun violence prevention strategies and firearm ownership safety with a focus on outreach and engagement with LEP communities.

The draft Bill, is its entirety, is also attached for reference.

Staff Report

June 21, 2023
Firearm Legislative Update Report:

Federal Legislation: The City Council endorses enactment of the following Bills in the United States Senate:

S14 (Feinstein): A Bill to amend Title 18 of the United States Code to prohibit the purchase of certain firearms by individuals under 21 years of age, and for other purposes. (https://www.congress.gov/bill/118th-congress/senate-bill/14/text).

Introduced 1/23/23
Status Senate – Judiciary Committee
S25 (Feinstein): A Bill to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
(https://www.congress.gov/bill/118thcongress/senate-bill/25/text) Introduced 1/23/23
Status Senate – Judiciary Committee
California Legislation: The City Council endorses enactment of the following Bills in the California Senate:

SB 2 (Portantino): Concealed Weapons Permits.
(https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB2) Introduced 12/5/22
Last Amended 3/1/23
Status Assembly - Public Safety Committee
SB 241 (Min): Minimum training for firearm dealers.
(https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB241) Introduced 1/25/23
Last Amended 5/18/23
Status Assembly - Public Safety Committee
AB 732 (Fong): Relinquishment of firearms following conviction under the Penal Code. (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB732) Introduced 2/13/23
Last Amended 5/1/23
Status Senate - Public Safety Committee

Staff Report

June 21, 2023
AB 1406 (McCarty): Firearms - Waiting periods.
(https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1406) Introduced 2/17/23
Last Amended 4/20/23
Status Senate - Public Safety Committee
AB 1420 (Berman): Firearms: Ensures the Department of Justice (DOJ) has the authority to inspect and write citations for any violations related to the governing of the sale, transfer, and storage of firearms.
(https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1420) Introduced 2/17/23
Last Amended 4/26/23
Status Senate - Public Safety Committee
FISCAL IMPACT:

There is no significant fiscal impact associated with authorizing the Mayor to sign letters of support. An exact impact is difficult to quantify but will require, for example, staff time to draft and send a letter supporting the proposed legislation.

Respectfully submitted by: Prepared by:

Ron Bow
City Manager
Inez Alvarez
Assistant City Manager
Reviewed by:

Karl H. Berger
City Attorney
ATTACHMENTS:

1. Letter from Representative Judy Chu

2. Language Access to Gun Violence Prevention Strategies Act of 2023 Draft Bill

Staff Report
June 21, 2023
ATTACHMENT 1
Letter from Representative Judy Chu

Please Support the ‘‘Language Access to Gun Violence Prevention Strategies Act of 2023’’ Endorsing Organizations: March For Our Lives
Dear Colleague:

The Bipartisan Safer Communities Act, signed into law on June 25, 2022, provided funding for states and localities to develop and implement “red flag laws” – which allow family members to petition for the temporary removal of guns from a loved one’s home when someone is at significant risk for self-harm or harming others. Red flag laws have deterred at least 58 potential mass shootings and other types of gun violence in California alone, and nearly all states have now applied for this grant funding.

Unfortunately, there are still gaps in ensuring ALL communities are made aware of how they can participate in them. After the horrific mass shooting in Monterey Park, authorities learned that there were individuals in the gunman’s life who knew that he was experiencing a life crisis and isolating himself while stockpiling guns and ammunition. Unfortunately, due to lack of public education coupled with linguistic and cultural barriers, none of these individuals were aware that this was something that could have been reported to the police.

Outreach to communities on proven prevention strategies needs to be done in multiple languages, including Mandarin, Cantonese, and Vietnamese, so that we can all help in preventing future gun violence deaths. In addition, we know that there are proven firearm safety strategies such as safe gun storage practices that are promoted to communities through the CDC. Unfortunately, these strategies are also leaving out the same limited English proficient (LEP) communities.

My bill would fill these gaps by ensuring robust in-language materials, outreach to LEP communities, and culturally competent education to community providers and law enforcement.

It would do so by:
• Requiring competent, community reviewed, translations of all public facing resources provided by the Departments of Justice (DOJ) and Health and Human Services (HHS) related to gun violence prevention strategies.
• Directing the Attorney General to ensure federal grant applications for funds related to the creation and implementation of extreme risk protection orders and other prevention efforts incorporate meaningful engagement with communities with high numbers of individuals with LEP.
• Directing the Attorney General and Secretary of HHS to develop and implement a national public awareness campaign for federally supported gun violence prevention strategies and firearm ownership safety with a focus on outreach and engagement with LEP communities.

Please reach out to Kristen Torres at [email protected] for ques tions or to sign on.

Sincerely,
Rep. Judy Chu
Member of Congress

Staff Report
June 21, 2023
ATTACHMENT 2
Language Access to Gun Violence Prevention
Strategies Act of 2023 Draft Bill

..................................................................... (Original Signature of Member)
118TH CONGRESS
1ST SESSION H. R. ll
To remove linguistic barriers to participation in Gun Violence Prevention Strategies.

IN THE HOUSE OF REPRESENTATIVES
Ms. CHU introduced the following bill; which was referred to the Committee on llllllllllllll
A BILL
To remove linguistic barriers to participation in Gun Violence Prevention Strategies.

Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Language Access to 4
Gun Violence Prevention Strategies Act of 2023’’. 5
SEC. 2. DEFINITIONS. 6
In this Act: 7
(1) The term ‘‘extreme risk protection order’’8
means a written order or warrant, issued by a State 9
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2 or Tribal court or signed by a magistrate (or other 1 comparable judicial officer), the primary purpose of 2
which is to reduce the risk of firearm-related death 3
or injury by doing 1 or more of the following: 4
(A) Prohibiting a named individual from5
owning, purchasing, possessing, receiving, or 6
having under the custody or control of the indi-7
vidual, a firearm. 8
(B) Having a firearm removed or requiring9
the surrender of firearms from a named indi-10
vidual. 11
(2) The term ‘‘firearm’’ has the meaning given12
the term in section 921 of title 18, United States 13
Code. 14
(3) The term ‘‘gun violence’’ includes mass15
shooting incidents, other firearm homicides or as-16
saults, firearm suicides or self-harm, unintentional 17 firearm deaths and injuries, and firearm-related 18
crime. 19
(4) The term ‘‘Gun Violence Prevention Strat-20
egy’’ means programs, policies, or practices that 21
have the potential to substantially reduce firearm-re-22 lated violence, injuries, death or crime within popu-23 lations or settings experiencing elevated risk. 24
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3 (5) The term ‘‘individuals with limited English 1
proficiency’’ means individuals who do not speak 2
English as their primary language and who have a 3
limited ability to read, write, speak, or understand 4
English. 5
(6) The term ‘‘language access’’ means the pro-6
vision of culturally competent and effective language 7 services to an individual with limited English pro-8
ficiency designed to enhance that individual’s access 9 to, understanding of, or benefit from the services, 10
activities, programs, or benefits provided by an 11
agency. 12
(7) The term ‘‘community-based organization’’ 13
means a neighborhood or community-based organiza-14
tion, as such term is defined in section 901 of title 15 I of the Omnibus Crime Control and Safe Streets 16
Act of 1968 (34 U.S.C. 10251). 17
(8) The term ‘‘priority languages’’ means— 18
(A) in the case of Federal agencies, at a 19
minimum, in the 10 most commonly spoken 20
languages, other than English, in the United 21
States, which shall include Mandarin, Can-22
tonese, Japanese, and Korean; and 23
(B) in the case of State agencies or grant 24
recipients operating in a State, at a minimum, 25
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4 the 10 languages spoken with greatest fre-1
quency by individuals with limited English pro-2
ficiency in that State as determined by the most 3
recently available American Community Survey 4
Five Year Estimates 5
(9) The term ‘‘significant resource’’ means, in 6
the case of Federal agencies, any material, digital or 7 otherwise, that contains information critical for edu-8 cation, awareness, and participation in public edu-9
cation campaigns such as informational and out-10
reach materials. 11
SEC. 3. TRANSLATION OF FEDERAL AGENCY MATERIALS. 12
(a) I N GENERAL.—The Attorney General and the 13
Secretary of Health and Human Services shall ensure that 14 all significant resources for services, activities, benefits, 15 and programs of the Department of Justice and the De-16 partment of Health and Human Services that are pre-17
pared for the general public relating to gun violence pre-18 vention and firearm safety, including extreme risk protec-19 tion orders and safe gun storage, are competently trans-20 lated and provided in accessible formats in priority lan-21 guages. 22
(b) C OMMUNITY REVIEW.—For the purposes of en-23
suring materials are culturally competent and accessible 24 by the intended audience, the Attorney General and the 25 VerDate Nov 24 2008 15:10 May 15, 2023 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZELTON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\CHU_ May 15, 2023 (3:10 p.m.)
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5 Secretary shall ensure all translated materials are re-1 viewed by community-based organizations with dem-2
onstrated relationships with speakers of a given language 3 prior to publishing. Such organizations shall be funded for 4 these purposes out of the appropriations authorized under 5 this Act. 6
(c) APPLICATION OF REQUIREMENTS.—The require-7
ments in this section shall apply to funding provided in 8 division B of the Bipartisan Safer Communities Act to ex-9 isting federal grant programs and other activities by the 10 Attorney General, Secretary of Education, and Secretary 11 of Health and Human Services to support mental health 12 services, crisis response, school-based mental health, and 13 suicide prevention. 14
SEC. 4. PRIORITY GRANT APPLICATIONS. 15
(a) I N GENERAL.—The Attorney General shall en-16
sure grant applications for the creation and implementa-17 tion of extreme risk protection orders, State crisis inter-18 vention court proceedings, and other gun violence reduc-19 tion efforts incorporate meaningful engagement with com-20 munities with high numbers of individuals with limited 21 English proficiency through. 22
(b) P UBLIC OUTREACH AND EDUCATION EF-23
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6 Control and Safe Streets Act of 1968 (34 U.S.C. 1
10152(a)(1)) is amended by— 2
(1) in subsection (a)(1)(I)(iv)— 3
(A) in subclause (III), by striking ‘‘and’’ at 4
the end; 5
(B) in subclause (IV), by striking the pe-6
riod at the end and inserting ‘‘; and’’; and 7
(C) by adding at the end the following: 8
‘‘(V) public outreach and edu-9
cation efforts, which shall include— 10
‘‘(aa) meaningful engage-11
ment with community-based or-12
ganizations directly serving lim-13
ited English proficient or non- 14
English proficient residents; and 15
‘‘(bb) translation of public 16
facing documents into any non- 17
English language spoken by a 18
limited-English proficient or non- 19
English proficient population 20
that constitutes 3 percent or 500 21
individuals, whichever is less, of 22
the population served or encoun-23
tered.’’. 24
(2) in subsection (h)— 25
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7 (A) in paragraph (3), by striking ‘‘and’’ at 1
the end; 2
(B) in paragraph (4), by striking the pe-3
riod at the end and inserting ‘‘; and’’; and 4
(C) by adding at the end the following: 5
‘‘(5) measures that have been taken by each 6
grant recipient to comply with subsection 7
(a)(1)(I)(iv)(V).’’. 8
(c) G UIDANCE.—Not later than 90 days after the 9
date of enactment of this Act, the Attorney General shall 10 issue guidance related to the requirements set forth in 11 subsections (a)(1)(I)(iv)(V) and (h)(5) of such section 12 501. 13
SEC. 5. DEPARTMENT OF JUSTICE GUN VIOLENCE PREVEN-14
TION PUBLIC AWARENESS CAMPAIGN. 15
(a) IN GENERAL.—For the purpose of increasing lan-16
guage access to community-based gun violence prevention 17 strategies, the Attorney General, acting through the Di-18 rector of the Office of Justice Programs, and in coordina-19 tion with the Community-Based Violence Intervention and 20 Prevention Initiative, shall develop and implement a na-21 tional public awareness campaign to increase awareness 22 of federally supported gun violence prevention strategies 23 such as extreme risk protection orders with a focus on out-24 VerDate Nov 24 2008 15:10 May 15, 2023 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZELTON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\CHU_ May 15, 2023 (3:10 p.m.)
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8 reach and engagement with limited English proficiency 1 communities. 2
(b) R EQUIREMENTS.—The public awareness cam-3
paign under this section shall include— 4
(1) the provision of in-language and culturally 5
appropriate messaging to disseminate scientific and 6
evidence-based information; and 7
(2) the dissemination of information on sub-8
grants to community-based organizations educating 9
professionals and community stakeholders. 10
(c) COORDINATION.—The public awareness campaign 11
under this section shall be complementary to, and coordi-12 nated with, any other Federal, State, Tribal, and local ef-13 forts, as appropriate. 14
(d) REPORTS TO CONGRESS.—The Attorney General 15
shall submit a report to Congress detailing how the funds 16 authorized to be appropriated under this section were 17 used. 18
SEC. 6. DEPARTMENT OF HEATH AND HUMAN SERVICES 19
GUN VIOLENCE PREVENTION PUBLIC AWARE-20
NESS CAMPAIGN. 21
(a) IN GENERAL.—For the purpose of increasing lan-22
guage access to gun violence prevention strategies the Sec-23 retary of Health and Human Services (referred to in this 24 section as the ‘‘Secretary’’), acting through the Director 25 VerDate Nov 24 2008 15:10 May 15, 2023 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZELTON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\CHU_ May 15, 2023 (3:10 p.m.)
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9 of the Centers for Disease Control and Prevention, and 1 in coordination with the National Center for Injury Pre-2 vention and Control, shall develop and implement a na-3 tional public education campaign to increase awareness of 4 agency supported gun violence prevention strategies and 5 firearm safety such as safe gun storage practices, with a 6 focus on outreach and engagement with limited English 7 proficiency communities. 8
(b) R EQUIREMENTS.—The public awareness cam-9
paign under this section shall include— 10
(1) the provision of in-language and culturally 11
appropriate messaging to disseminate scientific and 12
evidence-based information related to gun violence 13
prevention and firearm safety; and 14
(2) the dissemination of information on sub-15
grants to community-based organizations educating 16
professionals and community stakeholders. 17
(c) COORDINATION.—The public awareness campaign 18
under this section shall be complementary to, and coordi-19 nated with, any other Federal, State, Tribal, and local ef-20 forts, as appropriate. 21
(d) R EPORTS TO CONGRESS.—The Secretary of 22
Health and Human Services shall submit a report to Con-23 gress detailing how the funds authorized to be appro-24 priated under this section were used. 25
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10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 1
There is authorized to be appropriated to carry out 2
this section such sums as may be necessary for fiscal year 3 2025. 4
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June 21, 2023
City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Waive further reading and adopt Zoning Code Amendment No. 23-01 (ZCA-23-01), an Ordinance amending the Monterey Park Municipal Code, Chapter 21.18, entitled “Affordable Housing Incentives – Density Bonus” to implement the Monterey Park Housing Element.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Waiving the second reading and adopting the proposed ordinance; and

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

EXECUTIVE SUMMARY:

The Ordinance was introduced and received first reading at the June 7, 2023 City Council meeting. The original staff report (from June 7, 2023) is attached for reference. Second reading and adoption of the Ordinance is recommended. If adopted, the ordinance will take effect in 30 days.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Senior Planner
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Consent Calendar - 3F

Staff Report

June 21, 2023

ATTACHMENTS:

1. Draft Ordinance – Zoning Code Amendment (ZCA-23-01) – Amending Chapter

21.18, entitled “Affordable Housing Incentives – Density Bonus”

2. City Council Staff Report, dated June 7, 2023 (without attachments)

Staff Report
June 21, 2023

ATTACHMENT 1
Draft Ordinance – Zoning Code Amendment (ZCA-23-01) – Amending Chapter

21.18, entitled “Affordable Housing Incentives – Density Bonus”

ORDINANCE NO.

AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE
CHAPTER 21.18 GOVERNING AFFORDABLE HOUSING INCENTIVES

AND DENSITY BONUS
The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. Monterey Park Municipal Code (“MPMC”) Chapter 21.18 regulates density bonuses in the City and was last amended in 2013;
B. The City initiated a code amendment by this Ordinance (“ZCA 23-01”) pursuant to MPMC § 21.38.020;
C. In addition, the Director reviewed ZCA 23-01’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”); D. On April 25, 2023, the Planning Commission conducted a duly noticed public hearing to assess the proposed MPMC amendments in ZCA 23-01, considered all oral and written evidence, and adopted Planning Commission Resolution No. 03-23 recommending that the City Council adopt this Ordinance; and E. This Ordinance is adopted based upon the entirety of the administrative record including, without limitation, the staff reports submitted to the Planning Commission and City Council during the course of the public hearings.

SECTION 2: Zoning Amendments. Pursuant to MPMC § 21.38.050, the City Council finds as follows:

A. The MPMC amendments in this Ordinance are consistent with the goals, policies and objectives of the General Plan. Among other things, these regulations will provide housing opportunities for households in all income levels without constraining housing development in the City and implements Program 14 of the Housing Element.

B. This Ordinance will not adversely affect surrounding properties. Regulations adopted by the Ordinance govern all property within the City’s jurisdiction and will not affect a change in the use or the intensity of use of property in any zone.

C. This Ordinance promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations. The density bonus regulations will continue to promote the public health, safety, and general

Ordinance No.

welfare while serving the goals and purposes of the zoning regulations. Among other things, the regulations will facilitate creation of housing to address the Legislature’s determination regarding a statewide housing shortage for households of very low-, low-, and moderate-incomes, and bring the MPMC into compliance with State law.

SECTION 3: Environmental Review. The proposed Ordinance is exempt from additional environmental review under the California Environmental Quality Act (“California Public Resources Code §§ 21000, et seq ., “CEQA”) and its implementing guidelines (14 California Code of Regulations §§ 15000, et seq.; “CEQA Guidelines”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15060(c)(2)); (2) there is no possibility that the Ordinance itself may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)); and (3) the Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (CEQA Guidelines § 15378). The Ordinance is for general policies and procedure-making; any project governed by the proposed Ordinance would receive a separate environmental evaluation and review. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4: Chapter 21.18 of the Monterey Park Municipal Code (“MPMC”) entitled “AFFORDABLE HOUSING INCENTIVES—DENSITY BONUS” is amended in its entirety to read as follows:
“Chapter 21.18
AFFORDABLE HOUSING INCENTIVES—DENSITY BONUS

21.18.010. Purpose and Intent

21.18.020. Procedures

21.18.030. Bonuses and Incentives

21.18.040. Amenities

21.18.050. Menu of Incentives

21.18.060. Request for Incentives

21.18.070. Additional Option for Affordable Units Located Near Transit Stop/ Major Employment Center

21.18.010. Purpose.

The purpose of this Chapter is to establish procedures for implementing density bonus requirements set forth in Government Code §§ 65915, et seq., as may be amended from time to time (the “Density Bonus Act”).

21.18.020. Procedure.

A. In addition to any other requirement, applications for a density bonus must be filed on a form approved by the Community Development Director, or

Ordinance No.

designee (the “Director”). An application must be filed concurrently with any other land use application required by this code. At the time the application is submitted, the applicant must pay an application fee established by City Council resolution.

B. The Director will process the Density Bonus Act application in the same manner as all applications required by this code.

C. Applications filed under this chapter must include reasonable documentation to establish eligibility under the Density Bonus Act.

21.18.030. Bonuses and Incentives.

A. Housing developments qualifying under the Density Bonus Act may receive a bonus or concession pursuant to this chapter.

B. Terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act.

C. Where the density allowed under this code is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed controls.

D. Upon an applicant’s submission of reasonable documentation establishing eligibility, the City may not impose any development standard or parking standard that physically precludes a housing development qualifying under the Density Bonus Act.

E. Before the Building Official issues a building permit, an applicant receiving bonuses or concessions under this chapter must execute and record an agreement, in a form approved by the City Attorney, securing the continued affordability of all dwelling units in accordance with the Density Bonus Act and this chapter.

F. All dwelling units benefitting from the bonuses or concessions under this chapter must be concurrently built in the same manner as market rates. All affordable units must be integrated and reasonably distributed throughout the approved project with the market rate units to ensure a reasonable mix of affordable and market rate units.

21.18.040. Amenities.

Residents of affordable units may not be charged for amenities not charged to other residents including, without limitation, access to recreational facilities, parking, cable television, and interior amenities like dishwashers and microwave

Ordinance No.

ovens. Optional services for all residents must be the same. Tenants of affordable units may not be required to purchase additional services.

21.18.050. Menu of Incentives.

Applicants with projects qualifying for incentives may request one or more of the following incentives the number of incentives being requested must be consistent to the Density Bonus Act unless otherwise authorized by the approving body:

A. Yard/Setback. Up to a 20% decrease in the required width or depth of any individual yard or setback, except along any property line that abuts a R-1 or more restrictively zoned property. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

B. Lot Width. Up to a 20% decrease from a lot width requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

C. Floor Area Ratio.

1. A percentage increase in the allowable floor area ratio equal to the percentage of density bonus for which the project is eligible, not to exceed 35%; or

2. In lieu of the otherwise applicable floor area ratio, a floor area ratio not to exceed those identified in the General Plan governing the project site.

D. Height. Subject to Chapter 21.42, a percentage increase in the height requirement in feet equal to the percentage of density bonus for which the project is eligible. This percentage increase in height is applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subsection, height limits contained in this Title and adopted specific plans do not apply.

1. In any zone in which the height or number of stories is limited, this height increase will permit a maximum of 11 additional feet or one additional story, whichever is lower, to provide the affordable units.

2. No additional height can be permitted for that portion of a building in a project that is located within 50 feet of a lot classified in an R-1 or more restrictive zone.

3. No additional height is permitted for that portion of a building in a project that is located within 15 feet of a lot classified in the R-2 Zone.

Ordinance No.

4. For each foot of additional height, the building must be set back one horizontal foot.

5. No additional height can be permitted for any portion of a building in a project located on a lot sharing a common lot line with or across an alley from a lot classified in an R-1 or more restrictive zone. This prohibition does not apply if the lot on which the project is located within 1,500 feet of a transit stop but no additional height can be permitted for that portion of a building in the project that is located within 50 feet of a lot classified in an R-1 or more restrictive residential zone.

E. Open Space. Up to a 20% decrease from an open space requirement. A landscaping plan must be submitted to the Director for approval that incorporates screening as defined by this title.

F. Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.

G. Green Building. Density Bonus qualified projects that achieve compliance with Level 2 of the California Green Building Code may be provided with the following additional incentives that will not be counted toward the maximum incentives as permitted by California law:

1. Projects may be granted a density bonus of 20% additional units; or

2. Fifty percent of private open space may be credited toward satisfying common open space requirements if each dwelling unit, out of 50% of the total number of dwelling units, includes at least 50 square feet of private open space with a minimum width and length of 5 linear feet. Alternatively, the project may comply with common open space requirements by providing private open space areas that exceed the minimum private open space requirements in this title, provided the private open space is equal to or greater than the total common open space area required for the development in this title.

21.18.060. Request for Incentives.

A. For projects qualifying under the Density Bonus Act for which ministerial approvals are required, the following procedures apply:

Ordinance No.

1. Application. An applicant must file a request on a form provided by the Director, accompanied fees established by city council resolution.

2. Director Authority. The Director may determine whether an application is consistent with this chapter.

B. Action. The Director must approve a density bonus and requested incentive(s) unless the Director makes one or more of the written findings provided for under Government Code § 65915(d)(1).

C. Written Decision. The Director must transmit a written decision by first class mail to the applicant and to all owners of properties abutting, and across the street or alley from the subject property.

21.18.070. Additional Option for Affordable Units Located Near Transit Stop/ Major Employment Center.

In lieu of providing the requisite number of affordable units in a project located in or within 1,500 feet of a transit stop or major employment center, as determined by the Director, that would otherwise be required under this Chapter an applicant may opt to provide a greater number of smaller units provided that:

A. The total number of units in the project, including density bonus units, do not exceed the maximum permitted by this chapter;
B. The square footage of the aggregate smaller affordable units is equal to or greater than the square footage of the aggregate affordable units that would otherwise be required under this chapter;
C. The smaller affordable units are distributed throughout the building and have proportionally the same number of bedrooms as the market rate units; and
D. The smaller affordable units meet the minimum unit size requirements established by the Low Income Housing Tax Credit Program (4 Cal. Code of Regs. § 10300, et seq.).”
SECTION 5: Electronic Signatures. This Ordinance 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 Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

Ordinance No.

SECTION 7: Severability. If any part of this Ordinance 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 Ordinance are severable.

SECTION 8: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 9: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2023.
____________________________
Jose Sanchez, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY
By: ________________________________
Justin A. Tamayo, Deputy City Attorney

Staff Report
June 21, 2023

ATTACHMENT 2
City Council Staff Report, dated June 7, 2023 (without attachments)

City Council Staff Report
DATE: June 7, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A continued public hearing to consider introduction and first reading of Zoning Code Amendment No. 23-01(ZCA-23-01), an ordinance amending the Monterey Park Municipal Code, Chapter 21.18, entitled “Affordable Housing Incentives – Density Bonus” to implement the Monterey Park Housing Element.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the continued public hearing and taking testimonial and documentary evidence;

2. After closing the public hearing and considering the evidence submitted during that public hearing, introduce and waive first reading of Ordinance No. _____ amending Chapter 21.18 (Affordable Housing Incentives – Density Bonus) to Monterey Park Municipal Code Title 21 (Zoning) to implement the Monterey Park Housing Element; and

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

CEQA (California Environmental Quality Act):

The proposed Ordinance is exempt from additional environmental review under the California Environmental Quality Act (“California Public Resources Code §§ 21000, et seq., “CEQA”) and its implementing guidelines (14 California Code of Regulations §§ 15000, et seq.; “CEQA Guidelines”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15060(c)(2)); (2) there is no possibility that the Ordinance itself may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)); and (3) the Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (CEQA Guidelines § 15378). The Ordinance is for general policies and procedure- making; any project governed by the proposed Ordinance would receive a separate environmental evaluation and review. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. T Public Hearing - 4C

Staff Report

June 7, 2023
BOARD/COMMISSION REVIEW:

The Planning Commission, at its April 25, 2023 meeting reviewed this ordinance. With a unanimous vote, the Commission recommended to Council to adopt the draft Ordinance amending regulations related to Density Bonus under ZCA-23-01.

EXECUTIVE SUMMARY:

On May 17, 2023, the City Council by a unanimous vote, continued the item to June 7, 2022.

In March of 2022, the City Council categorized an update of the Density Bonus Ordinance as a moderate priority. On November 2, 2022, City Council asked Staff to bring forward an update to the Density Bonus Ordinance in coordination with the Inclusionary Housing Ordinance. On November 16, 2022, the City Council amended and adopted the 2021- 2029 Housing Element that included Program 14: Affordable Housing Development Incentives, which identified an objective to consider updating the City’s Density Ordinance.

BACKGROUND:

A density bonus is an incentive-based tool that permits a developer to increase the maximum allowable development density on a site in exchange for specified public policy goals. If adopted, the proposed Ordinance would provide density bonuses to help develop affordable housing units in exchange for a menu of incentives to make development easier. This is accomplished by reducing the applicable development standards such as height, floor area ratio, and setbacks, among others.

Density bonus regulations are mandated by Government Code § 65915. The City’s density bonus regulations were last updated in 2013 and there have been changes in California law during the last ten years that require amendments to the MPMC. The proposed Ordinance will reconcile the City’s regulations with applicable law.

ANALYSIS
If adopted, the Ordinance will implement Government Code §§ 65915, et seq. (Attachment A). Currently, California law permits a bonus ranging from 20-80% density increase, depending on how many affordable housing units the developer includes in a project. Additionally, for projects that provide 100% affordable units, applicants are allowed unlimited density bonus and an additional three stories of building height if located near a major transit stop. Under the State law, the following are the minimum thresholds that qualify a project for a density bonus:
 5% of units set-aside for very low income households;  10% of units set-aside for lower income households ;
 10% of for-sale units set-aside for moderate income households ;

Staff Report

June 7, 2023
 100% of units set-aside for very low, low-, and moderate-income households (with maximum 20% moderate);
 10% of the housing units set-aside for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low-income level;  20% of units set-aside for low-income college students in housing dedicated for full-time students at accredited colleges;
 The project dedicates at least one acre of land, or land of sufficient size to permit at least 40 units, to the city for very low-income units and is appropriately zoned and includes access to public utilities and infrastructure;  The project is a senior citizen housing development with at least 35 units (no affordable units required); and
 The project is a mobile home park this is age-restricted to senior citizens (no affordable units required)
As part of the update to the Density Bonus regulations, an updated menu of incentives is included. This allows the City to prioritize relaxation of development standards. The menu of incentives provides clarity to developers while preserving the City’s interests and priorities. The menu of incentives includes:
 Reduction of yards and setbacks;
 Reduction of lot width requirements;
 Increase of floor area ratio;
 Increase in building height/total number of stories;
 Reduction of open space requirements;
 Expanded area for density calculation; and
 Sustainable “Green” Building compliance.

Newly added to the menu of incentives is an option for additional density bonus when a development employs sustainable building practices, as prioritizing sustainable practices is one of the City’s goals. This menu of incentives helps to preserve local control within the City’s developable properties. Overall, the proposed Ordinance, if adopted, helps to achieve goals and objectives set by City Council and the Housing Element, and is consistent with California law.

Staff Report

June 7, 2023
FISCAL IMPACT:

There are no identifiable fiscal impacts associated with adopting the Ordinance (other than administrative costs associated with codifying the Ordinance). Should this item be approved, at the second reading of this ordinance, the Director will bring forward a resolution to establish a Density Bonus application fee.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Senior Planner
Approved by: Reviewed by:

Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:

1. Government Code § 65915 through 65918

2. Ordinance No. _____ amending Title 21 (Zoning) of the Monterey Park Municipal Code to add Chapter 21.18, entitled “Affordable Housing Incentives – Density Bonus”

3. Notice of Exemption

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Waive further reading and adopt Ordinances: 1) Zone Change (ZA-23- 01) to re-zone properties from the Regional Specialty Center (R-S) zone with the Planned Development Overlay (P-D) zone to the Market Place Specific Plan (MPSP) zone; and 2) Development Agreement (DA-23-01) to amend in its entirety a Development Agreement between Monterey Park Retail Partners, LLC and the City of Monterey Park for properties collectively operating as the Monterey Park Market Place, located at 2000-5500 Market Place Drive, also identified by Assessor’s Parcel Numbers 5275-003-024, 025, 027, 029, 030, 031, 037, and 038.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Waiving the second reading and adopting the proposed ordinances; and

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

EXECUTIVE SUMMARY:

The Ordinances were introduced and received first reading at the June 7, 2023 City Council meeting. The original staff report (from June 7, 2023) is attached for reference.

Second reading and adoption of these Ordinances is recommended. If adopted, the ordinances will take effect in 30 days.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Senior Planner
Consent Calendar - 3G

Staff Report

June 21, 2023

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Draft Ordinance - Zone Change (ZA-23-01) - Adopting Rezoning of the Market Place from Regional Specialty Center with Planned Development Overlay to the Market Place Specific Plan

2. Draft Ordinance - Development Agreement (DA-23-01)

3. City Council Staff Report, dated June 7, 2023 (without attachments)

Staff Report
June 21, 2023

ATTACHMENT 1
Draft Ordinance - Zone Change (ZA-23-01) - Adopting Rezoning of the Market Place from Regional Specialty Center with Planned Development Overlay to the Market Place Specific Plan

ORDINANCE NO.

AN ORDINANCE AMENDING THE ZONING MAP ( ZA-23-01) TO

CHANGE THE ZONING FROM REGIONAL SPECIALTY CENTER (R-

S) ZONE WITH THE PLANNED DEVELOPMENT OVERLAY (P-D) TO

THE MARKET PLACE SPECIFIC PLAN (MPSP) TO ALLOW

CONSTRUCTION OF THE FINAL PHASE OF THE MARKET PLACE
DEVELOPMENT.

The City Council for the City of Monterey Park does ordain as follows:

SECTION 1: The City Counci
l finds and declares that:

A. On May 15, 2023, Monterey Park Retail Partners , LLC, a California Limited Liability Company (the “Applicant”) , submitted an application pursuant to Ti tle 21 of the Monterey Park Municipal Code (“MPMC”) requesting approval of Zone Change ( ZA-22-01) to rezone the properties collectively operating as the Monterey Park Market Place, located at 2300 Greenwood Avenue and 2000- 5500 Market Place Drive, also identified by Assessor’s Parcel Numbers 5275- 003-024, 025, 026, 027, 029, 030, 031, 037, 038, and 039 from the Regional Specialty (R-S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone allow the development of its final phase with retail, auto dealership, last mile distribution, and/or warehouse uses, parking, and related improvements, along with an Amended And Restated Development Agreement (“Project”);

B. The proposed Project was reviewed by the City Planner for, in part, consistency with the General Plan and conformity with the MPMC;

C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);

D. The City Council reviewed the proposed Project and related environmental aspects of the proposal as required by the MPMC at the June 7, 2023, public hearing; and

E. The City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing of June 7, 2023.

SECTION 2: Factual Fin
dings and Conclusions. The City Council finds as follows:

A. The Applicant is seeking to change the zone regulating the Project from the Regional Specialty (R -S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone. The Zone Change is desirable to allow construction of the proposed Project.

ORDINANCE NO.

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B. The property is 63.38 acres (2,760,617 square feet ) in size and irregularly shaped with access from Potrero Grande Drive on the west and Paramount Boulevard to the east. Currently developed on the Project site, the Monterey Park Market Place is a multi -tenant, regional shopping center featuring both large and small tenant spaces, including a gas station and various drive- through restaurants. The area west of the leachate treatment plant, is vacant and ready for development to complete the build- out of the Monterey Park Market Place.

C. The General Plan designation for the P roject site is Commercial . This allows for a broad range of retail and service commercial uses, hospitality, entertainment, medical and professional offices, including those uses existing and contemplated within the Monterey Park Market Place.

SECTION 3: Planni
ng Agency. Pursuant to MPMC § 2.56.020(C), the City Council is the Monterey Park Planning Agency for purposes of this Ordinance.

SECTION 4: Envir
onmental Assessment . The environmental analysis set forth in Ordinance No. ___, considered in conjunction with this Ordinance, is incorporated by reference as if fully set forth including, without limitation, the Notice of Consistency. The City Manager, or designee, is directed to file a notice of determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.

SECTION 5: Approval
s. The zoning for the Project site is changed from the Regional Specialty (R-S) zone with the Planned Development Overlay (PD) zone to the Market Place Specific Plan (“MPSP”) zone. Accordingly, the Zoning Map is amended as set forth in attached Exhibit “ A,” and incorporated by reference. The Market Place Specific Plan attached as Exhibit “B,” and incorporated by reference, is approved as zoning for the Project site.

SECTION 6: Constr
uction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 7: Enforc
eability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 8: Relianc
e on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and