19 receive automatic payment for any earned vacation or holiday once they reach their maximum accrual of vacation and/or holiday for the remainder of the fiscal year. Requests for cash -out are to be submitted in a manner prescribed by the City. This requirement does not apply to members who are unable to work while on leave (e.g. IOD). Excess leave for member s who are on leave will be paid to the employee as it is earned by the affected employee.
Beginning in December 2022, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out a combined maximum of 160 hours of administrative leave, vacation time or holiday time that are to be accrued and remaining unused in the following calendar year. Administrative leave, vacation and holiday time balances rolled over from prior calendar years are not eligible for cash out. Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar and not otherwise used for time off or otherwise by the employee at the time of the cash out. Cash outs shall be paid with the last paycheck in the following December after receipt of the irrevocable election form.
Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash- out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash- out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount that was accrued that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash-out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to cash-out and/or in the same calendar year. The employee’s use of earn ed, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
• Loss of extensive damage to the employee’s property due to casualty; or
• Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
20 Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.
The City shall make a form available for employees to make their irrevocable election.
ARTICLE 12 - SICK LEAVE
A. Sick leave with pay shall be granted to every full time employee who has been continuously employed for a period of time in excess of 30 days. Such sick leave shall be granted by the City at the rate of 8.00 hours per month (96 hours per year) for each full calendar month of continuous employment with the City, including time served in probationary status.
B. Sick leave is paid leave from work that can be used for the following purposes:
(a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or
(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above.
However, the City permits
that a total of eighty hours of sick leave may be used per calendar year for family sick leave purposes.
C. Sick leave accrual and maximum:
1. On July 1, 2012, any existing sick leave balance was placed in a separate leave bank (bank #1) and the amount of that bank shall not be increased nor added to. The hours in the bank shall be subject to the reimbursement provisions described in this Article .
The employee shall be allowed to utilize this sick leave bank balance to fund future illnesses/sick leave. However, the employee shall not be required to utilize this sick leave account unless or until the employee elects to do so. Employees with sick leave hours in bank #1 who service retire from the City, may receive 50% of the hours in bank #1 paid at his/her base hourly rate of pay at the time of retirement. For example if an employee had one-thousand (1,000) hours of sick leave in this account and retired for service, the employee would be provided fifty percent (50%) cash out upon service retirement. Accordingly, the employee has the option of utilizing the following newly created eight-hundred ( 800) hour sick leave account before utilizing this f rozen account. Employees hired on or after July 1, 2012 do not have a sick leave bank (bank #1) as described in this paragraph.
21 2. Commencing on July 1, 2012, sick leave earned by bargaining unit members shall be deposited into a second sick leave account which shall be capped at a maximum of 800 hours. Upon accruing eight-hundred (800) hours in this sick leave account there shall be no further accrual of sick leave unless or until use results in a balance of less than eight-hundred (800) hours. Employees, who retire from the city with more than ten (10) total years of city service, beginning from the date of employment, shall be eligible to cash out sick leave in the “second” sick leave account at the rate of twelve (12) hours for each one full year (12 months) of city service.
3. Upon death of an employee prior to retirement, the City will pay to the employee’s designated beneficiary the employee’s accumulated sick leave accrual in an amount consistent with the above retirement- related pay-out schedules as separately set forth in C(1) and C(2) above at the employee’s base hourly rate of pay.
D. In order to receive compensation while absent on sick leave, the employee shall, under normal circumstances, notify his/her immediate supervisor, or the on -duty watch commander prior to the time set for the beginning of his/her daily duties. Employees are encouraged to contact their immediate supervisor or the on-duty watch commander at least one (1) hour prior to the beginning of his/her daily duties. A supervisor may require an employee to submit a health care provider’s statement of illness or other satisfactory verification of illness regardle ss of the length of an employee's period of absence.
Following any period of absence, a supervisor may require of the employee that they submit a health care provider’s certificate indicating that they are capable of returning to duty.
E. The City Manager or Police Chief may, at any time there is a reasonable basis to believe an employee may be presently unfit for duty and in order to receive further information with respect to the ability of the employee to perform his job duties, request such employee to submit to a medical examination, either physical or mental, at the expense of the City.
F. Refusal of any employee to submit to such a medical examination shall constitute insubordination and grounds for disciplinary action.
G. Government Code Section 21163 provides in pertinent part that the retirement of a PERS member who has been granted or is entitled to leave, shall not become effective until the expiration of sick leave with compensation, unless the member applies for, or consents to, his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. In this regard, it is acknowledged that with regard to non-industrial disability retirements, it is the rules and regulation of the City that no employee shall be entitled to use or receive cash distribution of sick leave on or after the effective date of said retirements and that any such retirement shall be effective regardless of the employee having sick leave remaining in the employee's account. Additionally, it is acknowledged that with regard to individuals suffering from an industrial disability and/or being granted an industrial disability retirement, that the following sick leave rules and regulations shall apply:
1. In any instance where the local safety member has exhausted eligibility for benefits pursuant to Labor Code Section 4850, but is not eligible for disability retirement at
22 said time yet remains incapacitated from performance of the essential duties of the employee's position, then the employee shall have the option of electing to receive their sick leave balance existing at the time of exhaustion of the Labor Code Section 4850 benefits in accordance with the sick leave cash-out schedule contained in this Article (if eligible based on hire date) , with said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.
2. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one -time cash distribution of the employee's sick leave balance as it existed on the effective date of the industrial disability retirement in accordance with the sick leave cash -out schedule contained in Section H of this Article 12 (as eligible based on hire date).
Further, said employee shall then be paid the cash value of accumulated vacation, holiday, and compensatory time off in one lump sum.
H. Upon accumulation of 500 sick leave hours, an employee may elect to cash- out up to ninety-six (96) hours accumulated sick leave, as long as the employee’s account contains at least 500 hours after the cash out. Any such cash- out shall be at 75% value (e.g., 96 hours cash-out = 72 hours pay). Requests for cash- out will be processed the first payroll date following December 1
st of each year and shall be submitted in a manner prescribed by the City.
I. Catastrophic Leave Bank. All regular employees covered by this MOU may be enrolled in the Catastrophic Leave Bank as described in Administrative Policy 30-10. Membership in the Catastrophic Leave Bank will be voluntary and require an annual sick leave contribution of 8 hours pursuant to the provisions of Administrative Policy No. 30-10.
ARTICLE 13 - BEREAVEMENT LEAVE
Each regular employee will be granted bereavement leave whenever death occurs to a member of the employee’s immediate family. Bereavement leave may not exceed three paid shifts. However, employees may take an additional two shifts for bereavement leave, utilizing paid leave balances or by taking unpaid leave. 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 shifts. Bereavement leave must be used within two weeks of date of death and may be taken on non- consecutive days. Shifts of Bereavement Leave are to be charged to an account separate from the employee’s sick leave account. The Police Chief may extend the timeframe to use bereavement leave in unusual circumstances (e.g., funeral services delayed beyond two weeks following date of death).
Immediate family, for the purpose of bereavement leave, shall include: spouse, registered domestic partner, father, father -in-law, step-father, mother, mother -in-law, step -mother, child, stepchild, son-in-law, daughter-in-law, grandparents, grandparents-in-law, grandchildren, brother, brother - in-law, step-brother, sister, sister-in-law, or step-sister of the employee.
23 ARTICLE 14 - MILITARY LEAVE
Military Leave of Absence shall be granted in accordance with provisions of the City of Monterey Park’s Personnel System Rules and Regulations, Administrative Policy 30-14 and as defined under State and Federal law.
ARTICLE 15 - JURY DUTY LEAVE
An employee who is required to serve as a trial juror, or is required to appear in court as a witness except as the litigant in the case, shall be allowed to be absent with pay, from assigned duties within the City, during the period of such service or while necessarily being present in court.
Under such circumstances, the employee shall receive regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a witness, or as a juror, with the exception of travel pay, which may be retained by the employee.
The employee shall immediately advise the Department of receiving a court subpoena or governmental hearing order to serve as a witness. The employee shall be allowed leave with pay during the period of such service.
The employee shall advise the Department upon receiving a court order to appear for the initial examination as a prospective juror, or subsequently to serve as a juror. Should an employee volunteer for jury service (i.e. for the Grand Jury) and be selected to serve, leave with pay shall be subject to approval of the City Manager.
ARTICLE 16 -
LEAVE OF ABSENCE WITHOUT PAY
Except as modified herein, Leave of Absence shall be governed by Personnel Rule XI. Attendance an
d Leaves, Sec. 4 Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park.
A. L eave of Absence Without Pay - The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed ninety (90) calendar days. However, no such leave shall be granted unless the employee's Department Director recommends and the City Manager has approved said leave prior to its commencement date. Upon a showing of good and reasonable cause, the City Manager has authority to retroactively define an unauthorized non-paid leave of absence as being approved and sanctioned.
N
o such leave shall be effective except upon written request of the employee following exhaustion by the employee of all accrued paid leaves of absence (except sick leave - see below), including but not limited to vacation, holiday and compensatory time off. If the non-paid leave of absence is solely attributable to a medical condition which would allow the employee to utilize accumulated sick leave, then said sick leave shall be exhausted prior to the granting of any leave without pay status. However, those employees taking a non- paid leave of absence pursuant to the FMLA/CFRA are not required to use accrued compensatory time earned in lieu of overtime. Additionally, any such employee on a non-
24 paid leave of absence pursuant to FMLA/CFRA, shall be required to use sick leave concurrently with said leave only if the leave is for the employee's own serious condition.
The City Council may authorize a regular employee to utilize leave of absence without pay for a period not to exceed the accumulated total of one hundred and eighty (180) calendar days during the entire term of the employee's service on behalf of the City. For example, if during an employee's length of service with the City, said employee has been granted an accumulated total of one hundred and eighty (180) calendar days of leave without pay, then said employee shall not be eligible for any additional leave without pay status for any duration of time.
The granting of a leave of absence without pay consistent with this policy shall be documented in writing by the City Manager and a copy of said documentation shall be filed with the Director of Human Resources and Risk Management.
In any instance where an employee is utilizing an approved leave of absence without pay for a period of time greater than fifty percent (50%) of a pay period, said employee shall accrue no leave benefits or seniority for the duration of time while in said status.
All requests for approval of leave without pay shall be initiated by the subject employee making said request on a City provided personnel action request form and said form shall become a permanent part of the employee's personnel file.
B. M
aintenance of Insurance Benefits while on Leave of Absence Without Pay - It shall be the policy of the City that when an employee maintains employment status but is in a non- paid leave of absence, then the City shall make no premium or other contributions necessary to maintain in force and effect, any or all insurance coverage for which an employee would be otherwise eligible except as required by law. If such an employee desires to maintain during an authorized non -paid leave of absence, any or all insurance benefits otherwise available to an employee, then said employee shall be required to deposit any and all insurance premium payments with the City Director of Management Services on the date that the City is otherwise required to remit insurance premium payments to the carrier. Each employee shall be advised in writing of this City policy at the commencement of the authorized leave of absence without pay. Ther e shall be no additional notices of said obligation provided to the employee.
25 ARTICLE 17 - FMLA/CFRA COMPLIANCE
It is the stated intent and policy of the City that should any provision within a Memorandum of Understanding, these rules and regulations, or any other policies or procedures adopted by the City or any of its subdivisions be in violation of the California Family Rights Act and/or the Federal Family and Medical Leave Act, then such provision is null and void.
ARTICLE 18 -
INDUSTRIAL INJURY AND ILLNESS LEAVE
A. E xcept as modified herein, Industrial Injury and Illness Leave shall be governed by Personnel Rule XI, Section 4a, Industrial Injury and Illness Leave of the Personnel System Rules and Regulations of the City of Monterey Park and state law.
B. A
n employee who is absent due to an Industrial Injury for an extended period of time will be considered to be on a Monday through Friday 0800 hours - 1700 hours schedule. The employee shall not be required to be at any specific location during this time period, however, must be available by cell phone.
ARTICLE 19 - MODIFIED DUTY
A. Subject to the exceptions described below, modified duty shall be made available only to those individuals suffering from an industrial injury. Non -industrial disabilities related to pregnancy, shall result in the subject employee being eligible for modified duty subject only to the criteria of Section B and Section C, subsections 1-6 as described below.
B. I t is the policy of the City to return work related injured or ill employees to work as quickly as is medically feasible. Every effort will be made to make "modified work" available to industrially injured employees who are not medically ready to return to full duties, but are able to perform light or modified duties without the likelihood of aggravating the injury. "Modified work" is defined as the performance of limited job tasks which do not encompass all of the essential duties for that particular job class or assignment to job tasks not typically performed by the employee but that provide productive work opportunities . "Modified duty" shall only be made available until the employee's condition becomes "permanent and stationary" or reaches maximum medical improvement under the prevailing workers' compensation statute and in no case shall extend beyond the statutory benefit period afforded under Labor Code Section 4850 for safety personnel. "Modified duty" shall not be considered a reasonable accommodation since the essential duties for the job are not taken into consideration.
C. Modified duty may be allowed only if all of the following conditions are met:
1. The Chief of Police determines that he/she has productive work available, which is within the work restrictions imposed by the qualified medical specialist. Any such decision by the Chief of Police shall not be subject to administrative or court challenge.
2. The Risk Manager concurs that such work will not impose an unacceptable level of risk to the City or the employee; and
26 3. T he City Manager concurs that the modified work assignment of the named employee is in the best interests of the City.
4. The determination of availability of a modified work assignment shall be made on a case-by-case basis and at the sole discretion of the City.
5. No modified duty assignment shall be made prior to conditions 1-3 being met;
6. There shall be no appeal of any decision which results in no assignment of modified duty being made.
D. Non-Industrial Modified Duty
1. In addition to the above, non- industrial modified duty may be assigned when the following additional criteria are met (pregnancy disability not subject to the restrictions described below):
a. Employee meets all the criteria as stated in Section C of this article.
b. Employee receives a medical release from the designated City doctor that modified duties may be performed.
c. The prognosis is for the injury/illness to exceed 2 weeks (14 days).
d. The employee is released to work a t least half of a full shift (either 5/8 or 4/10 schedule).
e. The employee’s schedule is to be determined at the sole discretion of the Chief of Police. The Chief ’s determination shall not be subject to any administrative or court challenge.
f. Modified duty is intended to be temporary and the refore modified duty for non-industrial injury/illness shall not exceed 30 calendar days . With a physician’s note that indicate s medical improvement but continued work restrictions, the Police Chief may agree to extend the modified duty for an additional thirty (30) day period.
g. An individual on non- industrial modified duty may be assigned to any Division of the Police Department or any Department of the City.
h. No more than one individual may be assigned non-industrial modified duty at any one time unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual.
The Chief’s determination shall not be subject to any administrative or court challenge.
27 i. No individual may be assigned, or continue to be assigned, non- industrial modified duty if there is any Officer assigned modified duty for an industrial injury unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual. The Chief’s determination shall not be subject to any administrative or court challenge.
j. At all times, industrially injured individuals shall have precedence for modified duty assignments over non-industrial injured individuals.
ARTICLE 20 -
UNIFORM ALLOWANCE
A. T he uniform allowance shall be seven hundred twenty-five dollars ($725) per year and the City shall continue its credit/retail account program with a retail outlet to be determined by the City, in lieu of cash payment of the uniform allowance.
In addition, the following shall apply:
1. Employees may choose to receive cash payment for the uniform allowance each fiscal year. Requests to receive the cash payment shall be submitted no later than the first paycheck of June for the following fiscal year cash option.
2. Employees who do not elect to receive a cash payment and who do not use the full $725 allowance with the retail outlet will receive any remaining balance as cash payment for uniform maintenance or other uniform related costs.
Uniform allowance shall increase to a total of $1,000 per year beginning with the 2023- 2024 fiscal year (July 1, 2023-June 30, 2024).
The parties agree that this shall be reported as reportable special compensation to CalPERS for “classic members”, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5). All uniform allowance cash payments will be reported on the empl oyee’s W-2 form under “Other Compensation” to meet Internal Revenue Service requirements.
Regardless of how or when paid, uniform allowance must be reported to CalPERS in equal amounts with each pay period.
B. The number of retail outlets utilized for the credit/retail account program will not exceed four locations. The selection of the outlets is to be determined by the City, after consultation with the Association.
U nit members have the option of purchasing their equipment from vendors other than the city approved vendor/retail outlet, as long as the equipment meets departmental specifications. Subject to the amount listed above , a member will be eligible for reimbursement upon bringing in the receipt, showing the detail of the purchased equipment to their supervisor, for approval prior to usage. All equipment and uniforms must meet departmental standards and specifications to be eligible for reimbursement.
28 The City purchases and issues bullet resistant vests to each unit member and follows the replacement schedule identified by the manufacturer. Employees who believe that their vest is damaged, defective, or deemed unsuitable due to wear and tear should notify the department so that the vest can be evaluated for replacement eligibility.
ARTICLE 21 -
HEALTH INSURANCE
A. Medical Insurance (Active Employees)
Employees will receive insurance coverage through CalPERS under the Ca lifornia 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 Hired On or After January 1, 2016
Employees, who are hired into City service on or after January 1, 2016 and retire from the City, will be eligible for medical insurance provided by PEMHCA and the City will contribute the minimum employer contribution (MEC) as required under PEMHCA. For 2023, this amount is $151 per month. PEMHCA determines the amount annually and therefore, this is subject to change.
2. Retiree and Employees Hired Prior to January 1, 2016
Current retirees and employees who were hired on or before December 31, 2015 will be eligible for medical insurance provided by PEMHCA and when enrol led in PEMHCA, receive a City contribution equal to the MEC under PEMHCA. The City shall also make a monthly contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and the contribution amount set forth below (subject to the actual premium of the PEMHCA plan):
a. If the employee retired from City employment with less than 20 years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $485/month (includes the MEC) toward the purcha se of medical insurance under PEMHCA for retiree and all eligible dependents.
b. If the employee retired from City employment with 20 or more years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $650/month toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.
c. Medicare
Retirees must comply with the Medicare enrollment requirements set forth by PEMHCA and the City’s health plan program.
29 If a retiree does not qualify for Medicare and has submitted the requisite proof to CalPERS, the retiree may remain on a CalPERS basic plan until the retiree later qualifies for Medicare Part A at no cost.
C. D ental Insurance
The City will contribute up to ninety- five ($95) dollars per month toward the premium for eligible employees and all eligible dependents. The employee will pay any and all premiums due in excess of the City’s contribution under the City’s Cafeteria Plan (Section 125).
D. Vision Insurance Plan
The City shall provide a vision insurance plan. The City will contribute up to twenty ($20) dollars per month for the employee and eligible dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan. The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months.
Deductible shall be $10.00/exam; $20.00/frame and lenses.
E. Section 125 Cafeteria Plan
1. The City agrees to maintain a premium conversion plan for all active unit members to provide for the pre -tax deduction of the employee’s share of premiums toward medical coverage, and when applicable, the employee’s share of premiums toward the dental plan as well as any premium payment for CalPERS Long Term Care which the employee may elect to participate in an pay through payroll deduction.
2. The City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to the same maximum that is provided to Police Lieutenants and Police Sergeants subject to the Monterey Park Police Officers’ Mid -Management Association Memorandum of Understanding, as it may change from time to time (currently one thousand four hundred and seventy -five dollars ($1,475 in 2023) ) per month for employees electing to enroll in a medical plan in PEMHCA. The City’s contribution will include the PEMHCA MEC ($ 151 per month for 2023) toward the medical plan and the balance may be used for other eligi ble expenses.
Eligible expenses include: (1) medical insurance premiums, (2) dental insurance premium, (3) disability insurance premium, (4) vision insurance premium, and cash (as set forth below). Employees will be responsible for paying the amount of the total insurance premium that exceeds the City’s contribution via the Cafeteria Plan (IRC Section 125 Plan).
3. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out incentive, the employee must, annually, certify to the Affordable Care Act requirements for an “Eligible Opt Out Arrangement” on a form provided by the City.
4. Specific details of this cafeteria plan will be contained in a plan document available for review by employees at the City’s Human Resources Department.
30 F. AFFORDABLE CARE ACT REOPENER
The City may reopen negotiations at any time during the term of the MOU to meet and confer over impacts of the Affordable Care Act.
ARTICLE 22 – RETIREE HEALT HCARE TRUST
A. Effective July 1, 2020, the City has agreed to contribute one-hundred dollars ($100) per month to full-time Unit employees toward a Retiree Healthcare Trust (RHT). The contributions will be made for each complete calendar month that the employee is employed by the City.
B. . The City is open to further negotiations regarding changes to the Retiree Healthcare Trust.
ARTICLE 23 -
MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING
ARRANGEMENT
The City will offer a voluntary medical and dependent care flexible spending accounts to employees. The City will pay the administrativ e fee for the plans and the employee will be responsible for individual account fees.
ARTICLE 24 -
LIFE INSURANCE PLANS
A. Life Insurance –The City shall provide each employee covered under this Agreement a term life insurance policy in the amount of $100,000.
B. Supplemental Life Insurance may be purchased by each employee in $10,000 increments with a maximum face value of $300,000, or three times (3X) the individual’s gross salary, whichever is less. Any premium cost for supplemental insurance shall be borne by the employee.
ARTICLE 25 -
EDUCATIONAL INCENTIVE PAY
City agrees to maintain an Educational Incentive Pay Plan which provides additional compensation as follows:
A. $ 175.00 additional compensation per month for an employee who possess an intermediate or higher POST Certificate and who does not otherwise qualify for the educational incentive pay as provided for in this article , and $ 250.00 additional compensation per month for an Advanced POST Certificate for an employee who does not otherwise qualify for the educational incentive pay as provided for in this article. In no case shall the total additional monthly compensation under this section A of Article 25 exceed $ 250.00 per month.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:
31 $ 300.00 additional compensation per month for an employee who possess es an Intermediate POST Certificate, or additional compensation per month of 7% of base salary for an employee who possesses an Advanced POST Certificate. In no case shall the total additional monthly compensation under this section A of Ar ticle 25 exceed 7% of base salary per month.
B. $135.00 additional compensation per month for an employee with an Associate of Arts degree or 60 units of college credit from an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education in any major.
C. $275.00 additional compensation per month for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:
A dditional compensation per month of 5% of base salary for an employee with a Bachelor's degree from an accredited academic institution as described above i n a major reasonably related to the employee's work or consistent with a career objective with the City.
Employees with both a Bachelor’s degree and an Associates shall receive compensation only for possession of the highest degree (i.e. Bachelor’s degree)
D. The maximum Education pay that the employee is eligible for possession of a POST certificate and a degree is 12% of base pay
The parties agree that this is special compensation or pensionable compensations, and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(a)(2) as – Educational Incentive Pay.
ARTICLE 26 -
EDUCATIONAL ENROLLMENT COST REIMBURSEMENT
Educational costs shall be limited to two thousand dollars ($2,000) annually per unit member for eligible reimbursement expenses as defined within this Article. The City agrees to reimburse employees for the cost of enrolling in college -level courses in an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education directly related to their employment, or compatible with a career goal with the City. E nrollment cost reimbursement is subject to approval by both the Chief of Police and the Director of Human Resources and Risk Management. In rendering a reimbursement determination, the Chief of Police and the Director of Human Resources and Risk Management shall consider whether or not the course(s) for which the reimbursement is sought is related to the employee's then existing principal duties and the availability of funds for reimbursement purposes. No employee shall be entitled to reimbursement unless pre-course enrollment written authorization for reimbursement is received from the Chief of Police and the Director of Human Resources and Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure
32 and the decision of the Chief of Police and the Director of Human Resources and Risk Management shall be final.
Enrollment cost reimbursement will be paid according to the following schedule:
1. If tuition or fees are equal to or less than current California State University at Los Angeles fees, the City will pay 100% of the tuition fees.
2. If tuition or fees exceed California State University at Los Angeles fees, the City will pay an amount equal to 100% of the California State University at Los Angeles fees.
An employee will be reimbursed up to seventy -five dollars ($75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to two hundred dollars ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.
ARTICLE 27 -
BILINGUAL PAY
The City shall pay one hundred fifty dollars ($150) per month to each employee, who is capable of speaking and interpreting a foreign language as deemed useful by the City.
The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) – Bilingual Premium.
ARTICLE 28 -
SALARIES AND WAGES
Beginning with the start of the first full pay period after July 1, 2023 or City Council approval of this MOU, whichever is later , the City shall implement an across the board one percent ( 6.3%) base salary increase for all employees in the Police Officer and Police Corporal classifications.
This increase includes both equity adjustments and cost of living increase.
Beginning with the start of the first full pay period after July 1, 2024, the City shall implement an across the board four percent (4.0%) base salary increase for all employees in the Police Officer and Police Corporal classifications.
Updated salary ranges for Police Officer and Police Corporal are listed in Addendum A.
Longevity: The City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service with the City. The longevity payment will increase to three-hundred fifty dollars ($350) per month upon completion of twenty- five (25) years of continuous service with the City.
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, longevity pay shall be increased to the following non- cumulative amounts:
33 $200 per month after completion of 15 years of continuous safety and/or non-safety service with the City;
$300 per month after completion of 20 years of continuous safety and/or non-safety service at the City; and
$450 per month after completion of 25 years of continuous safety and/or non-safety service at the City.
The parties agree that that this is special compensation or pensionable compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) or 571.1(a)(1).
ARTICLE 29 - SENIORITY
Time which has been spent in a position designated by the Department as an "acting position" does not qualify as seniority for time served within the acting position rank as credit for completion of a probationary period for the acting rank, or as credit for time in rank for merit pay step increases.
Seniority of officers shall be determined by rank (Officer or Corporal) and further, by the length of service in the rank. If the date of appointment to that rank is the same for two officers, the one occupying the higher position on the eligibility list shall be considered the senior officer.
When an employee is transferred to a special assignment, seniority will be based by rank and, further, by the length of service in that rank. If the date of appointment to that rank is the same for two employees, the one occupying the higher position on the eligibility list shall be considered to have seniority.
Patrol assignments [e.g. beat assignments, vehicle assignments, meal breaks ( Code 7s)] shall be determined by seniority unless there is a Department necessity relating to field training (e.g. trainee needs training in a particular beat) or the need for specific experience. Under normal circumstances, seniority shall not be disregarded based on specific experience, rather, it is intended to allow the Department to utilize special assignments in a particular beat due to identifiable crime trends.
ARTICLE 30 - RETIREMENT
A. R etirement Benefits - Retirement Benefits as provided in contract, dated November 1, 1952, with the Public Employees' Retirement System and as follows:
1. Effective June 24, 1989, "Single Highest Year" option;
2. Effective March 20, 1976, "Post Retirement Survivor" option;
3. Effective May 8, 1999, "1959 Survivor's Benefit" - Level 4;
4. Effective August 18, 2001, “3% @ 55” formula Retirement Plan.
5. Effective November 1, 2003, Military Service Credit as Public Service
B. Classic Employees:
34 Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2018- 19 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) retirement contribution as cost sharing pursuant to Government Code section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre- tax deduction.
PEPRA Employees:
Employee Paid Retirement Contribution: “PEPRA” employees pay 50% of normal costs, which is currently 11.5%. Effective the payroll period following the 2018- 19 CalPERS contract amendment approval, such employees shall pay the higher of twelve percent (12%) or the rate which CalPERS informs the City (each year) that new members are required to pay for their employee retirement contribution. If the rate established by CalPERS (each year) is below twelve percent (12%), the remaining contribution up to twelve percent (12%) is made per Government Code section 20516(a). In accordance with IRS Code section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction.
Cost-Sharing
The parties agree to cost-sharing of the employer retirement rate as noted above. The City will pursue a contract amendment with CalPERS for the cost-sharing portion of employee contributions toward retirement. The parties agree to complete the contract amendment process during the first year of this MOU. Cost sharing will begin as noted above.
If, at some future date, unit members no longer agree to cost sharing, the City will simultaneously reduce the salary range for all Unit members by 3% and reduce any impacted employees’ base pay accordingly.
C. Employees who are classic members have the retirement formula that existed with the City on December 31, 2012, 3%@55 with single highest year for final compensation. (Tier 1)
D. Employees who are ‘New Members’ as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system, or who has had a break in CalPERS service of at least 6 months or more) will constitute a second tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits:
Tier 2: “New Members’ will have the retirement formula 2.7%@57, a nd the three year
average, final compensation.
ARTICLE 31 - MEDICAL EXAMINATION
A medical examination of any employee may be required by the City when job related and consistent with business necessity to ensure the employee is free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer as
35 permitted by Government Code 1031(f). The exam and will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.
ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN
A. 401(A) PLAN
The City will amend the 401(a) plan to permit employer contribution on behalf of unit members. The plan amendment will be effective July 1, 2021. [Effective July 1, 2021, the employer contribution will be 1% of regular pay on a monthly basis, but under no circumstances shall exceed the contribution limitations of Internal Revenue Code section 401(a) and related regulations and guidance.]
B. DEFERRED COMPENSATION PLAN (457(B))
The City of Monterey Park 457(b) Deferred Compensation Plan allows employees to defer com pensation within the limits of Internal Revenue Code 457(b) for the applicable plan year.
The City of Monterey Park 457(b) Deferred Compensation Plan also allows employees nearing retirement the opportunity to make special catch up deferrals up to the lesser of: (a) two times the applicable dollar amount of the plan ceiling for the current year; or (b) the unused amount of the plan ceilings from prior years PLUS the ceiling for the current plan year. These contributions are known as “Special Catch Up” contributions.
Employees must meet the eligibility criteria in the City’s 457(b) Plan, Internal Revenue Code 457(b) provisions, and related regulations and applicable guidance, in order to be eligible to make a Special Catch Up contribution.
The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement year in converting the hourly rate of accrued compensable leave to monies into their contribution to the City’s deferred compensation plan.
After an employee defers compensable accrued leave, balances of 120 hours must remain or be maintained in both their sick and vacation accrual banks. If an employee defers compensable leave from a bank that has a formula of payout at retirement (i.e. 50% sick leave at retirement) the deferral does not recalculate the remaining balance. All sick leave hours, per MOU provisions, will be on a fifty percent basis (i.e. a conversion of 100 hours will result in the salary equivalent to 50 hours being deposited into the employees deferred compensation account). In the final three (3) years prior to an employee’s stated retirement year, they may convert the hourly rate of accrued compensable leave to monies to be included in their contribution to the City’s deferred compensation plan per the schedule outlined below:
36 3-year Catch-up Plan – Subject to IRS 457(b) contribution guidelines and annual limits. 1st year: no more than 20% of compensable accrual time of Sick Leave, Vacation Leave and Holiday Leave as allowed by Federal Law.
2nd Year: If a second year is chosen, no more than 35% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 50% of compensable leave may be deferred.
The City is not a party to and accepts no responsibility for the employees’ obligations under federal law to comply with the IRS and legal requirements of such deferrals allowing 457 participants a one -time catch-up provision to make deferrals to “catch- up” underutilized deferrals from prior years during any or all of the three calendar years ending before the tax year they reach the plans normal retirement age.
ARTICLE 33 - EMPLOYEE SAFETY COMMITTEE
A committee of three POA members is to be established. One of the three members will be the Association President, or the Association Vice President. This Committee will meet with appropriate Departments and City officials in matters related to on-duty safety.
Blood borne and Airborne pathogen exposure control training shall be provided to appropriate unit employees and required immunizations will be provided to employees as required at City cost.
ARTICLE 34 –
DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL
ASSIGNMENT PAY
A. S pecial assignments shall consist of Motors, Detectives, Neighborhood Engagement Team (NET), Field Training Officer, Canine Handler, and Range Master (only one individual).
B. The term of any one (1) particular special assignment shall be for a period of forty -eight (48) consecutive months from the date of placement in the particular special assignment, with the employee having the option to elect an additional twelve (12) month period of service in the special assignment, resulting in sixty (60) consecutive months of placement within a special assignment. The employee shall notify the Office of the Chief of Police in writing not later than the end of the forty -fifth (45th) consecutive month of special assignment service, as to whether or not the employee elects an additional twelve (12) month period of service. (Canine Handler shall be considered a special assignment, however, the set term of such assignment shall be determined at the commencement of the assignment to constitute the service life duration of the assigned canine, multiplied by two (2), but in no event less than nine years. For example, if the service life of a canine is sixty (60) months, the term of assignment for a canine handler shall be one hundred twenty (120) consecutive months. The above-described option to elect an additional twelve (12) months of special assignment shall not be applicable to the Canine Handler.
37 1. At the conclusion of the initial forty -eight (48) month, or the extended sixty (60) month term, the Chief of Police may, at his/her sole discretion, extend the term of an employee’s special assignment up to an additional six (6) months if the Chief of Police determines it is in the best interests of the Department to do so because of the employee’s involvement in a particular project, investigation or other matter is required. After the additional term of six (6) months has been concluded, the Chief of Police will request interest memos from all qualified employees . If no qualified employee submits an interest memo for the position, the Chief of Police may at his discretion grant an additional extension of six (6) months. This process may be continued every six (6) months until a qualified employee submits an interest memo for the position. Any extension of a special assignment following the completion of sixty (60) months, will count as part of the one year waiting period eligibility requirement for a new special assignment. Should the Police Chief seek an alternative method to handle the extension of assignments, he/she will meet and confer with POA prior to implementation of the new process.
C. Affected employees who have been placed in a special assignment prior to February 13, 2006 shall not be subject to the forty -eight/sixty (48/60) special assignment limitation set forth herein.
D. Any affected employee performing in a specialty assignment may submit a written request to the Chief of Police, proposing that the employee be assigned out of the special assignment. The decision of the Chief of Police as to whether or not such request shall be granted and if so, when the reassignment shall be effective, lies in the sole discretion of the Chief of Police, whose determination shall not be subject to administrative or civil challenge or appeal. However, any such request shall be honored and the employee transferred within sixty (60) calendar days of the request being submitted. An additional thirty (30) day extension is permitted if required for departmental needs.
E. At the conclusion of the above -described term of specialty assignment, or upon being granted exit from said assignment during its term, the affected employee shal l be eligible to apply for a different specialty assignment, but shall be ineligible to be appointed to the same specialty assignment which term has just been completed, or from which the employee has exited during the term, for a period of twelve (12) months from the last date of service in the specialty assignment.
F. Reassignment in a specialty position of the same or different type than that in which the affected employee has previously performed services, shall be subject to all applicable policies, practices and procedures utilized by the Chief of Police for selection of participants in specialty assignments.
G. All affected employees participating in a special assignment, shall be subject to the removal/appeal policies and procedures set forth below in subsection H.
H.
1. Appeal procedures for employees removed from specialty assignments after twelve months or more of receiving the assignment:
38 A California Court of Appeal case has recently held that in many circumstances, reassignment from a special assignment as described above and loss of bonus compensation, can be implemented only upon the Department stating cause for the reassignment, and with the Officer then having a right to contest the reassignment through all available administrative appeal procedures. In this case, said procedures may include access to a trial -type evidentiary hearing before a hearing officer pursuant to Article 7 of the MOU. (The City does not acknowledge that said court ruling is controlling, yet it does form the basis for the compromise described in this Article.). However, the following limitation shall apply to administrative appeals conducted pursuant to Article 7 of the MOU and which regard reassignment from a special assignment as that term is used in this Article:
Each party to the Article 7 administrative appeals before a hearing officer shall be limited to a maximum of eight (8) hours of presentation time during conduct of an administrative appeal pursuant to MOU Article 7 (C)(4) Level IV Administrative Hearing. For purposes of time-limit computation only, the Association and any one (1) employee, as well as any other entity that may properly be appearing on behalf of or with an interest similar to the POA or employee, shall be jointly deemed to be the same one party for computing the time limitation on presentations. Accordingly, the time limitation shall not be multiplied by the number of individuals or entities appearing, on behalf of, or with an interest similar to, the individual employee who has been reassigned.
"Presentation Time" against which shall be charged the eight (8) hour presentation time limitation, shall include oral opening statement and oral closing argument, direct/redirect examination of witnesses, rebuttal and sur -rebuttal witness testimony, demonstrations and site inspections (excluding travel time to and from the site). Cross examination shall not be counted as part of the "Presentation Time."
The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the eight (8) hour limitation, the hearing officer shall have no authority to extend said limitation.
2. A
ppeal procedures for employees removed from specialty assignments in less than twelve (<12) months of receiving the assignment:
The following administrative appeal process is established pursuant to Government Code § 3304.5. It shall supplement, though not replace, the disciplinary appeal processes established in other provisions of the Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Police Officers’ Association.
This procedure shall not apply to disciplinary actions for which officers already are entitled to r eceive an appeal hearing pursuant to either Article 7 or 3 4 of the Memorandum of Understanding. It shall only apply to punitive actions, as that term is defined by Government Code § 3303, for which officers do not already receive
39 an appeal hearing under e ither Article 7 or 3 4 of the Memorandum of Understanding. MOU ARTICLE 7 GRIEVANCE PROCEDURE applies to disciplinary action “as defined by City Personnel Rules and Regulations.” Personnel Rule XV(1) defines disciplinary actions as being limited to suspens ions without pay, reduction in class position or dismissal. Thus, this particular procedure shall only apply to the removal of employees from their specialized assignment within the first twelve (12) months of receiving such an assignment.
A. Right to Administrative Appeal
1. Any public safety officer (as defined by Government Code § 3301) who is subjected to punitive action (as defined by Government Code § 3303) other than dismissal, demotion (reduction in class position) or suspension is entitled to an administrative appeal pursuant to this procedure. An officer shall be entitled to appeal an action upon receiving written notification of such action.
2. Officers subjected to dismissal, demotion, or suspension shall continue to be entitled to an appeal in accordance with existing procedures set forth in other provisions of the Memorandum of Understanding.
3. Each Party shall bear their own costs incurred under this procedure.
B. Notice of Appeal
1. Within ten (10) calendar days of receipt by an officer of written notification of punitive action, the officer shall notify the Chief of Police in writing of the officer’s intent to appeal the punitive action.
2. The notice of appeal shall specify the action being appealed and the substantive grounds for the appeal.
3. Failure to timely serve written notification of an appeal shall result in waiver of any right to appeal.
C. Hearing Officer
The City Manager or designee shall act as the hearing officer. The determination of the City Manager or designee shall be administr atively final and binding.
D. Burden of Proof
The City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the punitive action and the burden of proving that the punitive action was reasonable under the circumstances.
40 E. Conduct of Hearing
1. For the purposes of this specific hearing regarding the proposed removal of an officer within the first 12 months of a specialized assignment the provisions of Government Code § 11513 shall apply to the hearing. The City understands that an employee cannot be compelled to testify even if the employee does not testify in the presentation of his/her case.
2. Following the presentation of evidence, if any, the parties may present verbal closing arguments and/or in the sole discretion of the hearing officer, written closing arguments, as well.
F. Record of Hearing
1. The hearing shall be audio recorded. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.
G. Representation
The officer may be represented by a representative of his or her choice at all stages of the proceedings. The appointing authority shall also be entitled to representation at all stages of the proceedings.
H. Decision
1. The City Manager or designee shall serve the parties with written notice of his/her decision within thirty (30) calendar days of submission of the case by the parties.
2. The decision shall be served by first class mail upon the appointing authority and the officer as well as his/her attorney or representative.
The decision shall advise the officer that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.
3. If applicable, the decision to return the employee to his/her specialized assignment shall include back pay.
I. The City agrees to pay two hundred dollars ($200.00) per month special assignment pay for employees regularly assigned to special assignments listed section A of this Article.
This pay will increase to three hundred dollars ($300.00) per month beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU.
In no case shall any individual be eligible to receive multiple special assignment pay provisions.
41 The parties agree that for the special assignments listed section A of this Article , this is special compensation and shall be reported as such to CalPERS , to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).
J. Canine Pay - Employees who are assigned to C anine Officer duties are entitled to compensation for the hours spent with their canine feeding, grooming, caring, and training with the dog as well as cleaning their canine vehicle. The parties acknowledge that the Fair Labor Standards Act which governs the entitlement to compensation for canine duties entitles parties to agree to a reasonable number of hours per month for the performance of canine duties. The Fair Labor Standards Act also allows the parties to agree on appropriate compensation for the performance of canine duties. It is the intent of the parties through the provisions of this article, to fully comply with the requirements of the Fair Labor Standards Act. In addition, both parties believe that the following agreement does comply with the requirements of the Fair Labor Standards Act.
In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed that the hours to which the parties have agreed – (three hours per week) accurately describes the time such employees are performing such duties each week. A sworn unit member assigned to canine duty will receive additional compensation of $200.00 per month in addition to his or her base salary. This amount recognizes that the time spent in the care (including feeding , caring and grooming), maintenance and training of his or her assigned dog as well as the cleaning of his or her assigned vehicle shall be considered hours worked payable at the rate of $15.39 per hour ($15.50 as of January 1, 2023, in which case the amount will increase to $201.50). It is understood that unit members normally spend three (3) hours per week performing such work. A unit member who is required to perform extraordinary off -duty canine care, such as a veterinary emergency or other rare occurrence which is not a part of the member’s customary care, maintenance or training of the dog or cleaning of the canine vehicle shal l submit a written request to the Chief of Police or assigned designee for additional compensation for the hours spent performing such work. Any additional compensation shall be at the employee’s regular rate of pay.
K. Only those employees, who apply for, test and are designated as FTO’s shall be assigned to train employees in patrol. The City agrees to pay three hundred dollars ($300.00) per month to individuals selected as a Field Training Officer (FTO). The decision to select a member as a “full-time” FTO after the testing process will be at the sole discretion of the Chief of Police. However, the minimum number of “full -time” FTOs shall be five (5).
Beginning with the first day of the pay period in which the POA ratifies the tentative agreement settin g forth the changes in this MOU employees designated as FTOs shall receive an additional $100.00 per pay period when the FTO is assigned to train another sworn officer.
a. For those individuals not receiving FTO premium pay under the provision of this Article 3 4 (K), if within the twenty -eight (28) day work period,
42 because of the unavailability of a compensated FTO, an individual is qualified as an alternate FTO and acts as an FTO for a total of twenty -four to forty -eight hours, then said individual shall be paid Fifty Dollars ($50.00). If the individual works as an alternate FTO for more than forty- eight hours in the twenty- eight (28) day work period, then the individual shall receive One Hundred Dollar ($100.00). With the exception of Traffic Bureau training, which will be eligible for alternate FTO compensation, nothing herein shall be interpreted to provide for any FTO compensation for training that occurs as part of a trainee being rotated through the Communications Bureau, Community Relations Bureau, Jail, or Detective Bureau.
b. A “full-time” Field Training Officer (FTO) assignment shall be four (4) years. Any current “full -time” FTO who has been in the assignment for more than four (4) years upon the City Council’s ratification of this MOU may submit a memo within thirty ( 30) days requesting to retest for an additional four (4) year assignment. Any “full-time” FTO that currently has been in the assignment less than four (4) years will be subject to this section four (4) years from the date he/she began as a “full-time” FTO. There is no limit on the number of times an employee can be selected as an FTO; thus an FTO can reapply for the FTO position at the end of every four (4) year term. Any FTO wishing to be removed from the program may submit a memo to the Chief of Police as described in Article 34(D).
L. Employees holding the rank of Police Officer who are assigned duties supervising other sworn personnel shall be compensated $50 a day extra for no more than $200 in a twenty- eight day (28) scheduling period.
ARTICLE 35 –
PROBATIONARY PERIOD
All original and promotional appointments to the competitive service shall be tentative and subject to the following probationary periods: eighteen months for appointment to the position of Sworn Police Officer, twelve months for promotional and lateral appointments to the positions of Police Corporal.
ARTICLE 36 - PERFORMANCE EVALUATIONS
If an employee is on an extended leave for more than sixty (60) consecutive days in a performance evaluation period, the City may change the annual performance evaluation date for an employee.
Beginning on the sixty- first date of leave, an employee’s performance evaluation date may be adjusted by one day for each day the employee remains on leave. For employees eligible for a step increase, the effective date of the step increase is adjusted to coincide with the modified performance evaluation date. This change only affects the date of the performance evaluation.
Performance evaluations shall be completed by a supervisor who directly supervised the employee during the specific rating period. The evaluation shall be completed on the basis of observation and/or knowledge of the employee’s work performance. Comments or information included in the
43 evaluation that are based on observations and/or information gathered from other supervisory personnel shall be attributed to the employee who provided the comments.
No step raises, or other performance-based compensation, shall be delayed by more than sixty (60) calendar days due to the City failing to evaluate the affected employee’s performance in a timely manner. However, if an employee who is due a performance ev aluation that includes a possible merit increase, does not receive their performance evaluation within sixty (60) calendar days after the date of their annual evaluation date, the merit increase shall process retroactive to the date of the employee’s anniversary date for merit increase consideration. The employee is to notify their supervisor and Human Resources at the time the sixty (60) calendar days have been exceeded. A personnel action form will be completed and the merit increase shall be made retroactive to the employee’s anniversary date.
ARTICLE 37 -
WRITTEN NOTICES TO POA
Reasonable written notice will be given to the POA of any rule, ordinance, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. In cases where the City determines that as a result of an emergency, an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meetings with POA, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.
The POA shall be deemed to have met and conferred and agreed to any matter if within thirty days after mailing of the notice by the City regarding said matter, the employee organization fails to deliver to the City Manager a written request for a meeting.
ARTICLE 38 - GENERAL PROVISIONS
A. This MOU shall not in any way interfere with the obligation of the parties hereto to comply with the State and Federal laws, or with any rule, regulation, or order issued by such government authority pertaining to matters covered herein. If any provision, or provisions, of this MOU shall be affected by State or Federal laws, or of any rule, regulation, or order issued by such governmental authority, or if any provision, or provisions, should be held invalid by a court of record, the remainder of the MOU shall not be otherwise affected thereby.
B. The parties hereto agree to continue their long- standing policies in that there shall be no discrimination against any employee because of membership or non- membership in the POA or based on any protected class.
C. The parties hereto agree that this MOU cannot be modified, changed, and/or canceled in any way except by mutual consent of said parties in writing, as set forth in this Article 38.
D. Nothing contained in the MOU shall act as a waiver of any rights an individual may have under the workers' compensation law.
E. Side Letter & MOU Amendments
44 1. The Parties acknowledge that the provisions of the MOU require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this MOU. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those ite ms covered in general terms under this MOU. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through Side Letter or implementation memoranda approved by the Parties which, after execution, will be attached to this MOU as addenda and become a part hereof.
2. Side Letter or implementation memoranda may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any significant modification to the terms of performance under this MOU will be processed as an amendment of this MOU in accordance with this MOU and must be approved by City Council.
ARTICLE 39 - SUBSTANCE ABUSE POLICY
The parties have met and conferred in good faith and reached agreement upon modifications to the City Administrative Policy No. 30- 10, as regards GUIDELINES FOR CONSUMPTION OF ALCOHOL AND ILLEGAL OR CONTROLLED SUBSTANCES.
ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2022 and ending June 30, 2023- and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary herein, all changes in matters within the scope or representation shall be provided prospectively from the date of MOU implementation. The “date of MOU implementation” shall be the date of City Council adoption of the MOU.
This MOU may be terminated as of the end of the initial term or any subsequent contract period by either party giving written notice to the other not less than ninety (90) calendar days prior to the termination date. If no notice is given in accordance with the te rms of this Article, the MOU shall automatically renew for an additional year without any change whatsoever.
ARTICLE 41 - CITY COUNCIL APPROVAL
It is however, the mutual understanding of all parties hereto that this Memorandum of Understanding is of no force or effect whatsoever unless or until ratified and approved by minute action duly adopted by the City Council of the City of Monterey Park.
IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 7
th day of September, 2022.
45 MONTEREY PARK POLICE
OFFICERS’ ASSOCIATION CITY OF MONTEREY PARK
By
By
Troy Grant, POA President Ron Bow, City Manager
By
By
Raymond Cota, POA Vice President Inez Alvarez, Assistant City Manager
By
Christine Tomikawa, Director of Human
Resources & Risk Management
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
46 ADDENDUM A
CITY OF MONTEREY PARK
CLASSIFICATION AND BASE SALARY LIST
POLICE OFFICERS' ASSOCIATION MOU
CLASSIFICATION RANGE 1 2 3 4 5
Police Officer 1 6195 6506 6831 7172 7531
Police Corporal 2 6601 6931 7278 7641 8024
Effective upon Council’s approval of this MOU retroactive to the pay period starting December 29, 2018 (1%):
CLASSIFICATION RANGE
1 2 3 4 5
Police Officer 1 6257 6571 6899 7244 7606
Police Corporal 2 6667 7000 7351 7717 8104
Effective the beginning of the pay period following the 2018-19 CalPERS contract amendment approval (3%):
CLASSIFICATION RANGE
1 2 3 4 5
Police Officer 1 6445 6768 7106 7461 7834
Police Corporal 2 6867 7210 7571 7949 8347
Effective the beginning of the pay period following Jan uary 1, 2020 (2%):
CLASSIFICATION RANGE
1 2 3 4 5
Police Officer 1 6574 6904 7248 7610 7991
Police Corporal 2 7004 7355 7723 8108 8514
Effective the beginning of the pay period following April 1, 2020 (1.2%):
Police Corporal 2 7088 7443 7815 8205 8616
47 Effective the beginning of the pay period following January 1, 2021 (2 1/2%):
CLASSIFICATION RANGE
1 2 3 4 5
Police Officer 1 6738 7076 7430 7801 8191
Police Corporal 2 7266 7629 8011 8410 8832
Effective the beginning of the pay period following January 1, 2022 (3%):
CLASSIFICATION RANGE
1 2 3 4 5
Police Officer 1 6940 7288 7653 8035 8437
Police Corporal 2 7484 7858 8251 8663 9097
Effective with the first day of the pay period in which the POA ratifies the tentative agreement, the salary ranges for Police Officer and Police Corporal shall be increas ed by 1%
CLASSIFICATION
RANGE 1 2 3 4 5
Police Officer 7009 7361 7730 8115 8521
Police Corporal 7559 7937 8334 8750 9188
Effective the first full pay period after July 1, 2023, the salary ranges for Police Officer and Police Corporal shall be increased by 6.3%
Classification/Range 1 2 3 4 5
Police Officer $7,451 $7,825 $8,217 $8,626 $9,058
Police Corporal $8,035 $8,437 $8,859 $9,301 $9,767
Effective the first full pay period after July 1, 2024, the salary ranges for Police Officer and Police Corporal shall be increased by 4%
Classification/Range 1 2 3 4 5
Police Officer $7,749 $8,138 $8,546 $8,971 $9,420
Police Corporal $8,357 $8,775 $9,213 $9,673 $10,158
Staff Report
July 5, 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 POLICE
OFFICERS’ ASSOCIATION.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Police Officers’ Association (“POA”) 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 POA informed the City that it accepted the MOU.
SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 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: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Professional Services Amendment with HF&H Consultants, LLC for Water, Wastewater, and Solid Waste Rate Studies
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an amendment with HF&H Consultants, LLC in a form approved by the City Attorney; to conduct a proposition 218 utility rate study for an additional amount of $291,500 and extend the term of the amendment through December 31, 2024;
2. Appropriating $190,700 from Refuse Fund (421) to the FY 2023-24 Budget; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
In May of 2021, staff prepared specifications for a Request for Proposal (RFP) for a consultant to perform a comprehensive rate study for the City’s water, wastewater, and solid waste operations and received four responses. HF&H was the selected consultant.
On June 16, 2021, Council approved a contract between the City and HF&H Consultants.
The study has taken longer to complete than anticipated and the City is request ing to amend and extend the contract with HF&H to complete and implement the Study.
The City is requesting an amendment for an additional amount of $295,000 plus a 10% contingency equal to $26,500 for a total not to exceed amount of $437,095 and an extended term through December 31, 2024.
BACKGROUND:
On July 16, 2014, the City Council adopted ordinance numbers 2109, 2110, and 2111 adjusting the rates for water, wastewater, and solid waste. The ordinances included a 10% to 15% increase in rates for a five-year period beginning September 2014. The ordinances also included an automatic reversal of utility rate charges effective August 2019 back to utility charges exiting in August of 2017. Since that time, several factors continue to change including water usage has declined, and operating costs have increased. A new comprehensive rate study is desirable.
The Amendment with HF&H Consulting, LLC includes collecting the data from the City for its existing services and rates, developing a new rate model for services, assisting Consent Calendar - 3D
Staff Report
July 5, 2023
with the preparation of the proposition 218 notices once Council has approved the new proposed rates, and assisting with the preparation of a solid waste Request for Proposals and a final solid waste contract.
FISCAL IMPACT:
Enterprise funds (Water, Wastewater and Solid Waste) have been budgeted in the fiscal year 2023-24 Finance Department’s operations budget. It is recommended that the City Council authorize an appropriation of $190,700 from the Refuse Fund (421) to the FY2023-24 budget.
Respectfully submitted by: Reviewed by:
Martha Garcia
Director of Finance
Shawn Igoe
Director of Public Works
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: 2020 Urban Areas Security Initiative (UASI) Program - Contingency Funds Update
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing a report; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Urban Area Security Initiative (UASI) Grant Program is a Homeland Security Grant designed to enhance regional preparedness and capabilities in designated densely populated, high-threat areas. Currently, the City of Monterey Park Fire Department (Department) is participating in the 2020 UASI Grant Program. The Department was notified of an approved modification for an increase of $4,404. As per Resolution No.11740 adopted by the City Council on May 6, 2015, staff is reporting to the City Council the type of money obtained and the project details.
BACKGROUND:
In May 2023 staff were notified of the opportunity to obtain additional funding for the 2020 UASI Grant Program. The Fire Department submitted a project list for the purchase of additional Urban Search and Rescue (USAR) equipment. These monies are required to be spent and reimbursement claims to be submitted to the City of Los Angeles,
per the grant agreement.
The original grant agreement allotment was for $115,000 for the purchase of USAR equipment. The Fire Department received grantor approval to increase the original budget
by $4,404; to purchase additional equipment such as a flat screen television for the Base of Operation trailer and a search and rescue multi-tool. The total amount received for the 2020 UASI Grant Program was $119,404.
FISCAL IMPACT:
There is no matching requirement for the 2020 UASI Program. Per Resolution No. 11740 the City Manager or Fire Chief may apply for, receive, and appropriate grant funds for acquisition of security devices required to protect public health and safety.
Consent Calendar - 3E
Staff Report
July 5, 2023
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Angela Loera
Principal Management Analyst
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: 2020 State Homeland Security Grant Program – Cost Savings Projects RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing a report; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City of Monterey Park Fire Department was notified of an approved modification for an increase of $7,593 for the 2020 State Homeland Security Grant Program (SHSP 2020 Grant). As per Resolution No. 11740 adopted by the City Council on May 6, 2015, staff is reporting to the City Council the type of money obtained and the project details.
BACKGROUND:
On June 2023, the Fire Department was notified of an approved modification for an increase of $7,593 for the SHSP 2020 Grant. The Fire Department submitted a project list for Urban Search and Rescue (“USAR”) Equipment. These monies are required to be spent and reimbursement claims to be submitted to the County of Los Angeles per the grant agreement. The original grant agreement amount was $30,000 for USAR Equipment. The Fire Department has received grantor approval of the budget modification to increase Monterey Park Fire Department’s SHSP 2020 Grant allocation in the amount of $7,593 for Equipment Projects. The updated total for Monterey Park Fire Department’s SHSP 2020 Grant allocation is $252,069 for: USAR equipment, training, and consultant fees.
FISCAL IMPACT:
There is no matching requirement for the SHSP 2020 Grant. Per Resolution No. 11740 the City Manager or Fire Chief may apply for, receive, and appropriate grant funds for acquisition of security devices required to protect public health and safety.
Consent Calendar - 3F
Staff Report
July 5, 2023
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Angela Loera
Principal Management Analyst
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. List of 2020 Updated Equipment Ledger
Staff Report
July 5, 2023
ATTACHMENT 1
List of 2020 Updated Equipment Ledger
City of Monterey Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095 Request No.
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.
Equipment Description
(Include Quantity) AEL # AEL Title Funding Source Discipline Solution Area
Sub-Category
Deployable /
Shareable
Noncompetitive
Procurement
over $250K
Hold
Trigger
Budgeted
Cost
37,593$
33.15 38 Boots; 19 Helmets;
28 Helmet Lights;
18 Rainjackets;
10 Rainpants;
32 Backpacks; Batteries 6 packs; Flagging Tape (Blue - 48, Red - 48, yellow - 48, Fluorecent green - 48, Fluorescent orange - 48, Fluorescent pink - 48); 100 Safety Glasses; 55 Resuable Respirators; Ear plugs 6 packs; Glowsticks (3 cases); 1 training search and rescue manikin
01LE-02-BOOT;
01UR-01-
HLMT;01W-02-
HLMT; 03OE-04-
LTHH; 04AP-02-
DGPS
01ZA-06-VEST;
19GN-00-BGPK;
10BC-00-BATT;
09MS-01-TTAG;
01ZA-03-EYEP;
01AR-06-
REUS;01ZA-04-
HEAR;0D2-01-LITE;
21GN-00-CCEQ
Boots, Protective, Tactical/Climbing; Helmet,surface
supplied air, diving; Light, Hand-Held or Helmet-Mounted Illumination; Device, Global Positioning System (GPS)
Vest or outer garment, high visibility
Bags/Packs, Batteries, All Types, sizes; Tags and Supplies, Triage; Protection, Eye; Respirartor, Particulate, Reusable; Protection, Hearing; Lighting, Decontamination Area;
Equipment, citizen corps
HSGP-SHSP FS CBRNE Search and
Rescue Equipment Deployable No No Hold
Indicated $ 37,593
5/31/2023
Equipment
Modification
3/28/2023
4 9/1/2020
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: State Homeland Security Program Subrecipient Agreement Grant Year 2022 – Award of Agreement
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an agreement, in a form approved by the City Attorney, with the County of Los Angeles for an amount not to exceed $230,000 for the State Homeland Security Program Grant Year 2022 (SHSP 2022); and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The County of Los Angeles is a Subgrantee of the State Homeland Security Program Grant Year 2022 that is provided by the U.S. Department of Homeland Security. Per the subrecipient agreement, the County of Los Angeles is authorized to enter a subrecipient agreement with the City of Monterey Park, which includes a distribution of SHSP 2022 grant funds to the City of Monterey Park in the amount of $230,000. The award is dedicated to fund a Regional Training Group (RTG) Intelligence Chief position, in the amount of $230,000. Staff recommends the City Council to authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with the County of Los Angeles for an amount not to exceed $230,000 for the SHSP 2022 Grant.
BACKGROUND:
Monterey Park Fire Department must keep pace with public safety needs in the city and region. Per the subrecipient agreement, “this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, response to, and recover from threats or acts of terrorism.” Monterey Park Fire Department has been awarded SHSP grants in the past and seeks City Council approval of the SHSP 2022 Grant and subrecipient agreement.
Consent Calendar - 3G
Staff Report
July 5, 2023
FISCAL IMPACT:
The City of Monterey Park will receive a total of $230,000 from the 2022 State Homeland Security Program. The Fiscal Year 2023-2024 budget has sufficient funds to execute this contract.
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Angela Loera
Principal Management Analyst
Reviewed by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:
1. Resolution: State Homeland Security Program for Grant Year 2022
Staff Report
July 5, 2023
ATTACHMENT 1
Resolution: State Homeland Security Program for
Grant Year 2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,
TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR
THE STATE HOMELAND SECURITY PROGRAM FOR GRANT YEAR
2022.
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The City applied for the S tate Homeland Security Program (“SHSP”) from the County of Los Angeles. The City applied for funding to procure equipment and training for firefighters. Additionally, the City will encumber and administer funds for a full -time position with the Los Angeles Area Fire Chiefs Association (“LAAFCA”).
B. The SHSP description is to provide financial assistance to subrecipients to address the unique equipment, training, organization, exercise, and planning needs of the subrecipient, and to assist in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism.
C. The City will receive $ 230,000 from the County of Los Angeles , for the SHSP Grant Year 2022.
SECTION 2: The City Manager, or designee, is authorized to apply for a grant from the County of Los Angeles to be used for the purchase of equipment, firefighter training, and fund oversight of the Los Angeles Area Fire Chiefs Association Regional Training Group Intelligence Chief position.
SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the grant for purposes identified herein. The City’s Fiscal Year 202 3-24 Budget is amended to the extent needed to accept and allocate the grant funds identified in this Resolution.
SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision o r application and, to this end, the provisions of this Resolution are severable.
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.
Resolution No.
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.
PASSED AND ADOPTED this ___ day of ______________, 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 Council Staff Report
DATE: Ju
ly 5, 2023
AGENDA ITEM NO:
TO: The H
onorable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: Cannabis Tax Fund Grant Program (CTFGP) Funding for Fiscal Year 2023/2024
RECOM
MENDATION:
It is recommended that the City Council consider:
1. Accepting grant funds and authorize the City Manager, or designee, to execute an agreement, in a form approved by the City Attorney, with the Department of California Highway Pa trol (CHP) in the amount of $184,010.89 for the Cannabis Tax Fund Grant Program (CTFGP);
2. Adopt ing a Resolution authorizing the City Manager, or designee, to receive and appropriate grant funds in fiscal year 2023- 24, and execute an agreement, in a form approved by the City Attorney, with the CHP in the amount of $184,010.89 for the CTFGP; and
3. Taking such additional, related, action that may be desirable.
EXECUT
IVE SUMMARY:
The City of Monterey Park Police Department was notified of an award of $184,010.89 from the Department of California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) for Fiscal Year 2023/2024. The police department will utilize the grant funding to reduce and mitigate the impacts of impaired driving in our community.
BACKGROUND:
With the passage of Proposition 64, Adult Use of Marijuana Act (AUMA), California voters mandated the State set aside funding for the CHP to award grants to local governments and qualified non- profit organizations, as described in Revenue and Taxation Code Section 34019(f)(3)(B).
The Can
nabis Tax Fund Grant Program marks an important step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California’s roadways a safer place to travel.
In 2022
, the City of Monterey Park experienced a total of 559 traffic collisions and two fatalities. The CTFGP supports the Monterey Park Police Department’s efforts to reduce the number of traffic collisions involving impaired driving.
Consent Calendar - 3H
Staff Report
July 5, 2023
The Monterey Park Police Department’s CTFGP total conditional grant allocation is
$1 84,010.89
FISCAL IMPACT:
Staff r equests approval f or t he Finance D irector t o ap propriate $184,010.89 i n grant funding for the Fiscal Year 23-24 budget. There is no fiscal impact on the general fund.
Respectfully submitted by: Prepared by:
Scott Wiese
Chief of Police
Peter Yung
Police Sergeant
Rev
iewed by:
Martha Garcia
Finance Director
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATT
ACHMENTS:
1. Conditional Approval Letter for CTFGP Funding
2. Resolution
Staff Report
July 5, 2023
AT
TACHMENT 1
Conditional Approval Letter for CTFGP Funding
State of California -- Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-3330
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 7, 2023
File No.: 060.15426.14597.066.2023.06004
Sergeant Peter Young
Monterey Park Police Department
320 West Newmark Avenue
Monterey Park, CA 91754
Dear Sergeant Young:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Monterey Park Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $184,010.89. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
Staff Report
July 5, 2023
AT
TACHMENT 2
Resolution
RESOLUTION NO.
A RES
OLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,
RO RECEIVE AND APPROPRIATE GRANT FUNDS FOR THE
CANNABIS TAX FUND GRANT PROGRAM
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. The C
ity applied for the Department of California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP).
B. The M
onterey Park Police Department will utilize the grant funding to reduce and mitigate the impacts of impaired driving in our community.
C. The C
ity will receive $184,010.89 from the CHP for the CTFGP.
SE
CTION 2: The City Manager, or designee, is authorized to receive grant funds from the Department of California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) to be used to reduce and mitigate the impacts of impaired driving.
SE
CTION 3: The City Manager, or designee, is authorized to execute any required documents and agreements to receive the grant for purposes identified herein.
SE
CTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SE
CTION 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.
SE
CTION 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.
SE
CTION 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 ___ day of ______________, 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
__________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: Honorable Mayor and Members of the City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: A Resolution Declaring the Month of July as “Parks Make Life Better” Month in the City of Monterey Park
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution declaring the month of July as “Parks Make Life Better” Month in the City of Monterey Park; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
During July, the Recreation and Community Services Department celebrates "Parks Make Life Bette r” month. By designating July as "Parks Make Life Bette r" month, the City of Monterey P ark, Recreation and Community Service s Department urges all residents to enjoy and recognize our parks' social, physical, mental, economic, environmental, and community benefits. As we observe "Parks Make Life Better" month, we recognize the vital contributions of our employees and volunteers , who all contribute to making parks and recreation facilities a great place to visit. These dedicated staff and volunteers keep our parks clean and safe for visitors and coordinate and organize special events, childcare, summer day camp, swim lessons, edu cational classes, senior activities, and health and fitness programs. They ensure that parks and recreation facilities are safe and accessible places to enjoy.
BACKGROUND:
The National Recreation and Park Association (NRPA) and California Parks and Recreation Society (CPRS) are organizations dedicated to advancing park, recreation , and conservation efforts that enhance the quality of life for all people. The NRPA and CPRS encourage promoting healthy lifestyles, recreation initiatives, and conservation of natural and cultural resources. Since 1985, the NRPA and CPRS have recognized July as "Parks Make Life Bette r” month in California and nationally as "Parks and Recreation" month. Cit ies, counties, and other agencies recognize the importance of thriving, local park systems as providing an opportunity for all people to lead healthy, active lifestyles and the preservation of great community places.
Consent Calendar - 3I
Staff Report
July 5, 2023
FISCAL IMPACT:
None.
Respectfully submitted by:
Robert Aguirre
Director of Recreation & Community Services
Approved by:
Ron Bow
City Manager
ATTACHMENT:
1. Resolution
Staff Report
July 5, 2023
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING THE MONTH OF JULY 2023 AS
PARKS MAKE LIFE BETTER MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Parks and Recreation promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play, and activity; and B. Parks and Recreation supports the economic vitality of communities by partnering with local busi nesses and non -profits, and offering events for resident’s engagement; and
C. Parks and Recreation creates memorable experiences through youth sports and enrichment activities, teen centers and programs, senior activity centers, adult fitness and enrichment programs, free community events, and beyond; and D. Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social network s, and ensuring all people have access to its benefits; and Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and E. Parks an d Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and
F. Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and
G. Parks and Recreation facilitates community problem and issue resolution by providing safe spaces to come together peacefully and serving as key points of service, helping our communities heal both physically and emotionally; and H. Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and
I. Parks and Recreation supports safe, vibran t, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and
J. Parks and Recreation remains versatile and innovative in providing vital services to communities through local, nat ional, or global emergencies, all while adhering to guidelines set forth by governing agencies; and
Resolution No.
The California Park & Recreation Society has released a statewide public awareness campaign, “Parks Make Life Better!®” to inform citizens of the many benefits of utilizing parks, facilities, programs, and services; now, therefore, be it resolved that the citizens of California recognize the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all Californians; and be it further resolved, that we declare the month of July 2023 as “Parks Make Life Better!®” Month.
SECTION 2: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Go vernment Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by t he City Council of the City of Monterey Park and the City Clerk, or his/her duly appointed deputy, may attest thereto.
SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this ___ day of ______________, 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
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City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Barnes Park Amphitheater Seating Upgrades
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to purchase seating materials in the amount of $75,816.41 from Irwin Seating Company;
2. Authorizing the City Manager to execute a Public Works contract, in a form approved by the City Attorney, with Irwin Seating Company for installation of new seating in the amount of $17,906.25; and
3. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
EXECUTIVE SUMMARY
The City’s Capital Improvement Plan (CIP) includes Project No. 95028 for Barnes Park Amphitheater seating improvements. The proposed work includes the replacement of existing seats and lighting to improve the performance and ceremony viewing experiences for the community.
In February 2023, Public Works staff, in co llaboration with the Recreation Department, researched and identified seating material that would be a suitable replacement for the existing Amphitheater seating. City Staff identified BuyBoard as a company that has an agreement with Irwin Seating Company for procurement of the Amphitheater seating.
Once the seating was identified, staff s olicited informal bids for the installation of the seating from three contractors: Irwin Seating Company, RE Sc hultz, and Zoom Recreation. Irwin Seating Company submitted the lowest bid for installation. It is recommended that City Council authorize the purchase o f seating material from Irwin Seating Company utilizing the discounted pricing provided by the BuyBoard agreement and also award a public works contract for the installation of new seating.
BACKGROUND
The Amphitheater Seating Project No. 95028 scope includes the replacement of existing seating at the Barnes Park Amphitheater. Public Works staff, in collaboration with the Consent Calendar - 3K
Staff Report
July 5, 2023
Recreation Department, researched and identified seating material that would be a suitable replacement for the project location and obtained a quote from Irwin Seating Company, which is an approved BuyBoard vendor that provides seating equipment at pre-negotiated prices.
Monterey Park Municipal Code § 3.20.050 (2) allows the City Council to approve the purchase of items when the supp ly can be obtained from only one vendor, or there are circumstances demonstrating that only one vendor is best qualified to provide the supplies. Irwin Seating Company demonstrated that its custom seats can only be purchased from that company. City staff has also identified BuyBoard as a company with an agreement for the procurement of the Irwin Seating Company seating equipment with pre-negotiated costs. A review of the BuyBoard agreement, compared to the State of California Multiple Award Schedule (CMAS) purchasing agreement, shows that the City may purchase the selected seating pieces from Irwin Seating Company at the lowest price available. Therefore, s taff recommends the purchase of seating material from Irwin Seating Company utilizing the discounted pricing provided by the BuyBoard agreement.
Following the identification of the seating material, in May, staff solicited informal bids for the removal of existing seats and installation of the new seating equipment for this project.
While the City’s informal bidding requirements allow for direct negotiations (MPMC §
3.100.040), staff still secured three informal bids from Irwin Seating Company at $17,906.25; Zoom Recreation at $30,200.00; and R.E. Schultz at $48,565.00. Irwin Seating Company provided the lowest price at $17,906.25. Due to the installation costs coming under budget, staff was able to revise its original quo te for seating material to include lights. The updated scope of the proposed project includes removing existing seats; site preparation; and installation of new seats and lighting. Staff recommends City Council authorize the purchase, removal, and installation of the seats and lights at Barnes Park Amphitheater by Irwin Seating Company.
FISCAL IMPACT
The funds for the proposed contracts are included in CIP Project No. 95028.
Staff Report
July 5, 2023
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT
1. Irwin Seating Company Material Proposal
2. Irwin Seating Company Labor Proposal
3. Zoom Recreation Labor Proposal
4. R.E. Schultz Labor Proposal
Staff Report
July 5, 2023
ATTACHMENT 1
Irwin Seating Material Proposal
Buy-Board Contract Proposal
Contract 667-22
DATE: Tuesday, May 30, 2023 2023
QUOTE EXPIRES: Sunday, July 30, 2023 30•52•00•30
TO: Ziad Mazboudi 30•52•00•30 Proposal
TransTech
REFERENCE: City of Monterey Park - Barnes Park Amphitheatre Monterey Park, CA
Colu 375 Irwin Seating Company Patriot, Model 30.52.00.30, including the following components, options, accessories and outdoor finishes:
## No. 30 Patriot - Non-upholstered blow molded polyethylene back. ## No. 52 Patriot - Non-upholstered blow molded polyethylene seat. ## 345 No. 30 Patriot steel center standards, riser mounted. ## 60 No. 00 Patriot open end standards, riser mounted. ## 54 12v LED outdoor rated aisle lights (Tovili Beacon OD) ## 2 120v to 12v transformers
## 345 Injection molded armrests.
## 60 2" round aluminum row designation letter plates.
## 375 Aluminum Patriot seat designation number plates. ## 4 ADA transfer arm.
## 405 E-coat standards for outdoor use.
## 1 Irwin Cobalt Blue powder coat color on metal components. ## 1 Irwin Cobalt Blue standard plastic color on seat component. ## 1 Irwin Cobalt Blue standard plastic color on back component. ## 375 Hilti stainless anchor.
Unit List Price: $ 334.92 Net per chair, FOB Grand Rapids PRICING BASED ON SHIPMENT IN JUNE, 2023
Contract Pricing Summary
QTY DESCRIPTION NET EXTENDED
## 375 Irwin Patriot Chairs as per Above - FOB Factory 334.92$ 125,595.00$ ## 375 BuyBoard Contract Discount (50% off mfg list price) (167.46)$ (62,797.50)$ ## 375 Net Member FOB Factory Price: 167.46$ 62,797.50$ ## 1 Freight (Dedicated Truck from Grand Rapids, MI) 7,053.15$ 7,053.15$ ## 1 CA Sales Tax 5,965.76$
## Delivered Materials Only Price 75,816.41$
ColuContinued: TABLE NET ADDS / DEDUCTS Column4 Column5 We are pleased to offer the following proposal for Irwin Seating Company outdoor chairs. 3251 Fruit Ridge NW / Grand Rapids, MI 49544 / (866) GO IRWIN / www.irwinseating.com
TERMS AND CONDITIONS
● Payment Terms are to be approved by Irwin Seating Company ● Pricing is delivered only. Unloading and all onsite activity is not included.
Unless otherwise noted:
● This proposal is subject to Irwin Seating Company Standard Terms and Conditions. ● This proposal is based upon the use of standard Irwin Seating Company products, manufactured using standard Irwin Seating Company methods. ● This proposal is based upon the use of the referenced fabric, and standard paint, plastic, stain and laminate selections. Options or special details are only provided to the extent specifically listed in this proposal. If any of the above specifications change, alternative pricing must be quoted.
● Pricing is based on floor mount chairs mounted to concrete unless specified otherwise in this proposal.
● Pricing is based on minimum average row length of 10 chairs. ● Pricing is F.O.B. factory and does not include freight, installation, sales tax, and performance and payment bonds.
● If applicable, sales tax will be charged based on the tax rate in effect at the time of billing. For tax exempt orders, please provide Irwin Seating Company a copy of your tax exempt certificate along with your purchase order for review and approval. ● Pricing provided is based on manufacturing and shipment of as indicated above. (JUNE, 2023) Irwin Seating Company reserves the right to modify pricing should manufacturing and shipment of be delayed.
● If the order goes into storage, payment will be required for the stored materials. ● Adherence to project milestones as outlined in the critical date schedule is required to meet requested shipment dates.
● Our quotation is based upon the followin
g concrete specifications: (if applicable)
1) Floor mounted chairs must be 3" thick free from obstructions for top 1-1/2". 2) Riser mounted chairs must be 4" thick free from obstructions for 2-1/2" from riser face. 3) Riser to be plumb + or - 1/8".
4) Normal weight concrete to be compressive strength 3000 PSI (structural concrete). 5) Structural light weight concrete is acceptable if it is 5000 PSI minimum and weights 90-115 pounds per cubic foot.
● Pricin
g is valid for 60 days from date of issue. If purchase order is not received within 60 days of this quote date Irwin Seating Company reserves the right to reissue the quotation with adjusted pricing.
If you have any questions, please contact your Irwin Seating Company Project Administrator for clarification.
Spence Benedict
Director of Sales
616-574-7341
[email protected]
IRWIN SEATING COMPANY
3251 Fruit Ridge NW / Grand Rapids, MI 49544 / (866) GO IRWIN / www.irwinseating.com
Staff Report
July 5, 2023
ATTACHMENT 2
Irwin Seating Company Labor Proposal
Labor Only Proposal
BuyBoard Contract 667-22
DATE: Thursday, May 25, 2023 2023
QUOTE EXPIRES: Tuesday, July 25, 2023 30•52•00•30
TO: Ziad Mazboudi 30•52•00•30 Proposal
TransTech
REFERENCE: City of Monterey Park - Barnes Park Amphitheatre Monterey Park, CA
Colu 375 Irwin Seating Company Patriot, Model 30.52.00.30, including the following components, options , accessories and outdoor finishes:
## No. 30 Patriot - Non-upholstered blow molded polyethylene back. ## No. 52 Patriot - Non-upholstered blow molded polyethylene seat. ## 345 No. 30 Patriot steel center standards, riser mounted. ## 60 No. 00 Patriot open end standards, riser mounted. ## 345 Injection molded armrests.
## 60 2" round aluminum row designation letter plates.
## 375 Aluminum Patriot seat designation number plates. ## 4 ADA transfer arm.
## 405 E-coat standards for outdoor use.
## 1 Irwin standard powder coat color on metal components. ## 1 Single Irwin standard plastic color on seat component. ## 1 Single Irwin standard plastic color on back component. ## 375 Hilti stainless anchor.
On-Site Labor Pricing
QTY DESCRIPTION NET EXTENDED
## 375 Removal & Disposal/Recycle of Existing Seating 14.50$ 5,437.50$ ## 375 Turn-Key Installation of New Seating as per Above 33.25$ 12,468.75$ ## On-site Labor as per Above: 17,906.25$
ColuColumn2 TABLE NET ADDS / DEDUCTS Column4 Column5
TERMS AND CONDITIONS
● Payment Terms are to be approved by Irwin Seating Company ● Labor rates based on Prevailing Wage scale. NON UNION LABOR.
Unless otherwise noted:
● This proposal is subject to Irwin Seating Company Standard Terms and Conditions. ● This proposal is based upon the use of standard Irwin Seating Company products, manufactured using standard Irwin Seating Company methods.
We are pleased to offer the following proposal for Irwin Seating Company outdoor chairs. 3251 Fruit Ridge NW / Grand Rapids, MI 49544 / (866) GO IRWIN / www.irwinseating.com
● This proposal is based upon the use of the referenced fabric, and standard paint, plastic, stain and laminate selections. Options or special details are only provided to the extent specifically listed in this proposal. If any of the above specifications change, alternative pricing must be quoted.
● Pricing is based on floor mount chairs mounted to concrete unless specified otherwise in this proposal.
● Pricing is based on minimum average row length of 10 chairs. ● Pricing is based on 54” wide fabric without a pattern or direction orientation specified.
Railroaded (directional) fabrics or fabric with repeats may result in additional costs. ● Pricing is F.O.B. factory and does not include freight, installation, sales tax, and performance and payment bonds.
● If applicable, sales tax will be charged based on the tax rate in effect at the time of billing. For tax exempt orders, please provide Irwin Seating Company a copy of your tax exempt certificate along with your purchase order for review and approval. ● Pricing provided is based on manufacturing a nd shipment of as indicated above. (FALL, 2023) Irwin Seating Company reserves the right to modify pricing should manufacturing and shipment of be delayed.
● If the order goes into storage, payment will be required for the stored materials. ● Adherence to project milestones as outlined in the critical date schedule is required to meet requested shipment dates.
● Our quotation is based upon the following concrete specifications: (if applicable) 1) Floor mounted chairs must be 3" thick free from obstructions for top 1-1/2". 2) Riser mounted chairs must be 4" thick free from obstructions for 2-1/2" from riser face. 3) Riser to be plumb + or - 1/8".
4) Normal weight concrete to be compressive strength 3000 PSI (structural concrete). 5) Structural light weight concrete is acceptable if it is 5000 PSI minimum and weights 90-115 pounds per cubic foot.
● Pricin
g is valid for 60 days from date of issue. If purchase order is not received within 60 days of this quote date Irwin Seating Company reserves the right to reissue the quotation with adjusted pricing.
If you have any questions, please contact your Irwin Seating Company Project Administrator for clarification.
Spence Benedict
Director of Sales
616-574-7341
[email protected]
IRWIN SEATING COMPANY
3251 Fruit Ridge NW / Grand Rapids, MI 49544 / (866) GO IRWIN / www.irwinseating.com
Staff Report
July 5, 2023
ATTACHMENT 3
Zoom Recreation Labor Proposal
LICENSE # 1067651 (C61/D34)
DIR #1000655676
Zoom Recreation
4000 Barranca Parkway Suite 250-659
Irvine, CA 92604
(866) 516-5439
[email protected]
Quote
ADDRESS
Ziad Mazboudi
City of Monterey Park
320 W Newmark Ave.
Monterey Park, CA 91754
SHIP TO
Ziad Mazboudi
City of Monterey Park
320 W Newmark Ave.
Monterey Park, CA 91754
QUOTE # 2655
DATE 05/25/2023
EXPIRATION DATE 06/30/2023
PROJECT MANAGER
Justin Lotz
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
SERVICE Demo existing amphitheater seating and
install new owner provided seating
QTY: 379 total seats
Includes:
Receive the shipment
Demo and dispose of existing seats
Assembly
Surface Mount Installation
Assumes: Mounting Hardware to be provided
by the manufacturer
1 31,200.00 31,200.00
Prevailing Wages Included
Bid excludes the purchase of the new seats
Bid excludes secure storage containers
Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.
This proposal does not provide for the following:
- Service items, unless stated: receipt, inventory, loading, unloading, storage, security of equipment, or security fencing
- Site sub-grade issues: material not suitable for footings, material requiring demolition, or contaminates that may require remediation, or in- place mechanical systems, including, but not limited to: irrigation, water, electric, sewer, or gas.
Client acknowledges that Zoom Recreation is not liable for any damage to existing concrete, landscaping or other surfaces while installing and/or using heavy machinery on-site.
SUBTOTAL 31,200.00
TAX 0.00
TOTAL $31,200.00
LICENSE # 1067651 (C61/D34)
DIR #1000655676
This proposal does not include any bonding, permits, permitting fees, 3rd party inspection fees, or other related fees.
All invoices past due 30 days are subject to a 2% late fee.
Actual structure colors may vary slightly from renderings.
A 50% deposit and signed contract are required upon approval.
Accepted By Accepted Date
LICENSE # 1067651 (C61/D34)
DIR #1000655676
Zoom Recreation
4000 Barranca Parkway Suite 250-659
Irvine, CA 92604
(866) 516-5439
[email protected]
Quote
ADDRESS
Ziad Mazboudi
City of Monterey Park
320 W Newmark Ave.
Monterey Park, CA 91754
SHIP TO
Ziad Mazboudi
City of Monterey Park
320 W Newmark Ave.
Monterey Park, CA 91754
QUOTE # 2655
DATE 05/25/2023
EXPIRATION DATE 06/30/2023
PROJECT MANAGER
Justin Lotz
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
SERVICE Demo existing amphitheater seating and
install new owner provided seating
QTY: 379 total seats
Includes:
Receive the shipment
Demo and dispose of existing seats
Assembly
Surface Mount Installation
Assumes: Mounting Hardware to be provided
by the manufacturer
1 31,200.00 31,200.00
Prevailing Wages Included
Bid excludes the purchase of the new seats
Bid excludes secure storage containers
Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.
This proposal does not provide for the following:
- Service items, unless stated: receipt, inventory, loading, unloading, storage, security of equipment, or security fencing
- Site sub-grade issues: material not suitable for footings, material requiring demolition, or contaminates that may require remediation, or in- place mechanical systems, including, but not limited to: irrigation, water, electric, sewer, or gas.
Client acknowledges that Zoom Recreation is not liable for any damage to existing concrete, landscaping or other surfaces while installing and/or using heavy machinery on-site.
SUBTOTAL 31,200.00
TAX 0.00
TOTAL $31,200.00
LICENSE # 1067651 (C61/D34)
DIR #1000655676
This proposal does not include any bonding, permits, permitting fees, 3rd party inspection fees, or other related fees.
All invoices past due 30 days are subject to a 2% late fee.
Actual structure colors may vary slightly from renderings.
A 50% deposit and signed contract are required upon approval.
Accepted By Accepted Date
Staff Report
July 5, 2023
ATTACHMENT 4
R.E. Schultz Labor Proposal
Proposal
Date
5/9/2023
No. 6255
PROPOSAL SUBMITTED TO:
City of Monterey Park
320 W. Newmark Ave
Monterey Park CA 91754 Job Address
Barnes Park
350 S. McPherrin Ave.
Monterey Park, CA
Job #Job Name
Barnes Park
Total
ACCEPTED BY: _______________________________
DATE: _______________________________
AUTHORIZED BY: ____________________________
R.E. SCHULTZ
WE SUBMIT A PROPOSAL FOR THE FOLLOWING:
1767 N Batavia St.
Orange, CA 92865
DIR #1000033385
DUE TO THE CURRENT VOLATILITY OF THE RAW MATERIALS MARKET, SHIPPING, AND LABOR - PROPOSAL IS VALID FOR 30 DAYS.
Qty Price Amount
1. Replacement of 375 Amphitheater Seats at Barnes
Park.
48,565.00 48,565.00
* Labor Only.
** Material provided by the City.
Includes: Prevailing Wages.
EXCLUSIONS: (UNLESS NOTED ABOVE) PERMITS, FEES, TESTING OF ANY KIND, BONDS, DAMAGE TO AND/OR REPAIRS OF LANDSCAPE, SPRINKLERS OR UNMARKED & UNEXPOSED UNDERGROUND UTILITIES, STORAGE, TEMP FENCING, ROCKY SOIL OVER 6" DIAMETER, OR OTHER ITEMS NOT SPECIFICALLY MENTIONED IN SCOPE OF WORK.
$48,565.00
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Public Hearing and approval of the 2023-2024 Annual Action Plan as required by the Community Development Block Grant, and HOME Investment Partnerships Programs.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing to receive testimonial and documentary evidence;
2. Approving the On e-year Action Plan (Action Plan) for Fiscal Year 2023-2024 for the Community Development Block Grant ("CDBG"), and HOME Investment Partnerships ("HOME") Programs;
3. Directing staff to prepare and transmit the final documents to the U.S. Department of Housing and Urban Development ("HUD");
4. Authorizing the City Manager, or his designee, to take all actions necessary or desirable to implement the Annual Action Plan, and Subrecipient Agreements; and
5. Take such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The U.S. Department of Housing and Urban Development provides funding to states, counties and cities in the form of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. Since the City of Monterey Park is an Entitlement City, the City is eligible to receive both CDBG and HOME funds which it has for many years.
Before Monterey Park can receive these funds, federal regulations require that a Consolidated Plan (i.e., a five-year plan) be adopted by the City Council that serves as the federal planning document for those jurisdictions receiving CDBG and HOME Investment Partnerships HOME Program funds. The Consolidated Plan was adopted by the City Council in 2020. In addition, federal regulations also require the adoption of an Annual Action Plan to the Consolidated Plan that operates on a single program year established by the City (i.e., July 1, 2023 through June 30, 2024). As required by federal requirements, the City will submit its One Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) by the statutory deadline of August 16, 2023.
The City of Monterey Park views the Annual Action Plan requirements as an opportunity to reassess its housing needs and priorities, as well as its programs and resources in a manner that will be st meet the affordable housing and community development challenges of the Public Hearing - 4A
Staff Report
July 5, 2023
Monterey Park community. The estimated City entitlement for FY 2023-24 is $588,076 in CDBG funding and $375,733 in HOME funding.
BACKGROUND:
The City of Monterey Park is a federal entitlement grant recipient of CDBG and HOME funds from the U.S. Department of Housing and Urban Development (HUD). As part of the process to receive funding, the City must undertake development of a Consolidated Plan and Annual Action Plan. It is called a Consolidated Plan because it consolidates the application process for HUD's four entitlement grants into one consolidated plan and application. The four grants are: CDBG, HOME, Housing Opportunities for Persons with AIDS (HOPWA), and Emerge ncy Solutions Grant (ESG). All four grants are driven by an entitlement formula process set by the federal government. The City is eligible to participate in two of these programs: CDBG and HOME.
In order to receive the FY 2023-24 allocations, the City must comply with the following requirements of the Consolidated Plan final rule regarding pre-submission requirements:
► Fulfill citizen participation requirements by conducting a public hearing to receive citizen input regarding annual funding needs;
► Publish a Draft Annual Action Plan for a 30-day comment period in order to receive citizen input regarding the final document; and
► Conduct a public hearing adopting the final Annual Action Plan.
HUD requires every state and local government that receives C DBG and HOME funding to prepare a five-year comprehensive plan which brings community needs and resources together to achieve statutory goals, and thereby address decent housing, create a suitable living environment and expand economic opportunities for the city's residents, particularly for low- and moderate- income persons. As an Entitlement Community, the City of Monterey Park is required to prepare and submit a five-year Consolidated Plan that serves as the federal planning document for receiving CDBG and HOME Program funds. The City completed its 2020 -2024 Consolidated Plan in 2020.
Every year, the City is also required to prepare and submit an Annual Action Plan to HUD which serves to update and delineate efforts in the program year ahead toward mee ting the priorities established by the City in its Consolidated Plan. The Annual Action Plan operates on a single program year established by the City (i.e., July 1, 2023 through June 30, 2024), whereas the Consolidated Plan covers a five-year planning period (July 1, 2020 through June 30, 2025).
CDBG Program
In reviewing the CDBG recommendations, it would be appropriate for the City Council to remember that only three broad funding categories are considered eligible under CDBG regulations. A project must either provide benefits to low - or moderate-income persons, eliminate slum or blighted conditions, or satisfy an urgent need. In addition, of the CDBG funds received, no more than 15% ($88,211) of the annual grant amount can be used for social service activities; no more than 20% ($117,615) of the grant amoun t can be used for Planning and
Staff Report
July 5, 2023
Administrative services; and at least 70% of all funds must be used for low-to-moderate income activities.
The Annual Action Plan continues to include funds for the Administration, and Fair Housing services.
HOME Program
In reviewing the HOME funds recommendations, it would be appropriate for the City Council to remember that no more than 10% ($37,573) can be used for Planning and Administrative services. At least 15% ($56,340) must be set aside for CHDO, as constituted u nder the regulations. The balance of funds can only be used for housing activities. Unexpended amounts were carried over from prior year budgets for Owner-Occupied Rehabilitation Loans.
In accordance with CDBG and HOME Program regulations, the proposed PY 2023-2024 One Year Action Plan proposed activities and funding are as follows:
CDBG ACTIVITIES
Administration $117,615
Fair Housing $25,000
Barnes Park Restrooms $445,461
Total 2023-2024 Allocation $588,076
HOME ACTIVITIES
Administration $37,573
Homeowner/Rental Rehabilitation 281,820
CHDO Project $56,340
Total 2023-2024 Allocation $375,733
The public notice was published on June 1, 2023, in the Monterey Park Progress newspaper to inform the public of the 30-day public review period and July 5, 2023, Public Hearing for discussions on the 2023-2024 Annual Action Plan. The documents were available for public review from June 1, 2023 through July 3, 2023. At the time of preparing this staff report, City staff has not received any written comments concerning the Annual Action Plan. HUD requires that cities prepare and adopt a One -year Action Plan, which provides for the expenditure of CDBG, and HOME.
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
Staff Report
July 5, 2023
Respectfully submitted by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. 2023-2024 One-Year Annual Action Plan
Staff Report
July 5, 2023
ATTACHMENT 1
2023-2024 One-Year
Annual Action Plan
Annual Action Plan
2023-2024
Ci
ty of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Table of Contents
Executive Summary ................................................................................................................................................ 1 AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................................... 4 AP-20 Annual Goals and Objectives .................................................................................................................. 9 AP-35 Projects – 91.220(d) ............................................................................................................................... 13 AP-38 Project Summary ..................................................................................................................................... 15 AP-50 Geographic Distribution – 91.220(f) ................................................................................................... 19 AP-55 Affordable Housing – 91.220(g) ........................................................................................................... 21 AP-60 Public Housing – 91.220(h) ................................................................................................................... 22 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 23 AP-75 Barriers to affordable housing – 91.220(j) ......................................................................................... 25 AP-85 Other Actions – 91.220(k) .................................................................................................................... 28 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) .......................................................................... 31
Appendix:
Appendix A – Citizen Participation ...................................................................................................................................... 33 Appendix B – SF424 Forms and Certifications ................................................................................................................. 34
1 | Page
Executive Summary
1. Introduction
As a condition for the City of Monterey Park (City) to receive Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, the City must submit a five-year Consolidated Plan (Con Plan) outlining the jurisdiction's housing and community development needs and priorities, and an Annual Action Plan identifying how the jurisdiction plans to allocate its US Department of Housing and Urban Development (HUD) funding allocations to address those priority needs. This report utilizes HUD’s current standard template for producing the 202 3–2024 Annual Action Plan directly within HUD's Integrated Disbursement and Information System (IDIS).
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The primary objective of the CDBG Program is the development of viable urban communities, which is achieved by providing the following General Objective Categories. The City of Monterey Park incorporated outcome measures for activities in accordance with the Federal Register Notice dated March 7, 2006, which require the following Performance Measure Objectives/Outcomes to be associated with each activity funded:
General Objective Categories - Activities will meet one of the following:
• Decent Housing (DH)
• A Suitable Living Environment (SL)
• Economic Opportunity (EO) General
Outcome Categories - Activities will meet one of the following:
• Availability/Accessibility (1)
• Affordability (2)
• Sustainability (3)
The City of Monterey Park has a range of housing and community development needs. CDBG funds alone are not adequate to address the myriad of needs identified during the public outreach process and summarized in the Needs Assessment of this Consolidated Plan. Recognizing the national objectives of the CDBG program and specific program regulations, the City intends to use CDBG funds to coordinate programs, services, and projects to create a decent and suitable livin g environment to benefit low- and moderate-income households and those with special needs. Needs which have been determined to be a High Priority level will receive funding during the Five-Year Consolidated Plan. The Low Priority Need may be funded based on the availability of funds. The priorities for the FY 2020 -2024 Consolidated Plan
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established in consultation with residents and community groups will be prioritized in the following order.
High Priority
• Improve, Maintain, and Expand Affordable Housing
• Promote Equal Housing Opportunity
• Support Economic Development Opportunities
• Planning and Administration
3. Evaluation of past performance
The City has made progress meeting Con Plan goals and priority needs. Many of the activities performed have contributed to stabilizing the City's low--income neighborhoods and improved the living conditions of low- to moderate-income families and individuals. Overall, the strategies and goals outlined in the Con Plan are evaluated and reported out annually through the Consolidated Annual Performance Evaluation Report (CAPER) process. The CAPER covers a program year (July 1 st-June 30th) and is prepared by the City’s
Housing Department.
The City has made progress meeting Con Plan goals and priority needs. Many of the activities performed have contributed to stabilizing the City's low--income neighborhoods and improved the living conditions of low- to moderate-income families and individuals.
• Major activities focused on preservation of the City’s affordable housing stock through renovations performed on owner -occupied housing. The scope of the renovations varied depending on the program and household needs with improvements ranging from basic health and safety improvements to full scale renovation projects eliminating blighted conditions.
• Housing Choice Vouchers (Section 8) administered by the Los Angeles County Development Authority (LACDA) on behalf of the City of Monterey Park, offered tenant assistance for those qualifying low- to moderate-income residents.
• Housing, supportive services, and case management were provided to homeless persons through several of the City's County partners such as Los Angeles Homeless Service Authority.
• The City’s subrecipient, Housing Rights Center, continued to assist the City in meeting its obligations to affirmatively further fair housing choice within Monterey Park.
The most recent past performance evaluation and reporting can be found in the FY 20 21–2022 Comprehensive Annual Performance Evaluation Report (CAPER). This report provides both summary and details of resources, distribution, and accomplishments for CDBG and HOME funded programs.
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4. Summary of public comments
The Annual Action Plan was made available for public review from June 1, 2023, through July 3, 2023. The City prepared a notice announcing the Draft Action Plan was available for public review on the City’s website and at the Monterey Park City Hall. The notice was published in the local newspaper. The notice also indicated the date, time, and location of the City Council public hearing for adoption of the Annual Action Plan and included:
• The amount of CDBG/HOME assistance expected to be received during the plan duration; • The range of activities that are proposed under the Action Plan using CDBG and HOME funds.
No written or oral comments were received.
5. Summary of comments or views not accepted and the reasons for not accepting them
No written comments or views were not accepted.
6. Summary
Examination of 2011 -2015 American Community Survey (ACS) 5 -Year Estimates and the 2011 -2015 Comprehensive Housing Affordability Strategy (CHAS) data, in addition to local data, as well as consultation with citizens and stakeholders revealed high priority needs to be addressed thro ugh the investment of an anticipated CDBG and HOME funds over the five -year period of the Consolidated Plan.
The investment of CDBG and HOME funds in eligible activities shall be guided principally by the goals of the Strategic Plan. Activities submitted for consideration in response to any solicitation or Notice of Funds Availability (NOFA) process must conform with one of the Strategic Plan strategies and the associated action-oriented, measurable goals to receive consideration for CDBG and HOME funds.
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Monterey Park’s 2023-2024 Annual Action Plan is based on priorities established by the City’s Five-Year Consolidated Plan. The 2023-2024 Annual Action Plan is the fourth year of the five-year strategy for 2020 through 2024. The Five-Year Consolidated Plan combines two Federal Department of Housing and Urban Development (HUD) Programs: Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME).
The City’s Management Services Department, coordinates, manages plans, submits, and implements the process. The Department continues to be involved in activities which enhance the coordination between public and non-profit, private housing providers, and health and service agencies.
The 2023-2024 Annual Action Plan serves as the City’s blueprint for providing decent affordable housing to lower-income households, providing suitable living environments, expanding economic opportunities, and expanding the capacity of nonprofit housing providers to the citizens of Monterey Park. This strategic plan sets forth goals, objectives, and performance benchmarks for measuring and establishing a framework for progress. This program year the City anticipates receiving a CDBG allocation of approximately $588,076 and approximately $375,733 in HOME funds.
The proposed plan includes the following initiatives under CDBG funding: General Administration, Public Facility Improvement, and Fair Housing. The funds serve extremely low to moderate-income residents.
HOME funded activities include General Administration, and Homeowner/Renter occupied Rehabilitation Program. The populations served are low to moderate-income residents.
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Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 588,076 0 0 588,076 588,076
The Year 4 amount used is the 2023 amount. The expected amount for the remainder of the Con Plan is simply the Year 4 amount multiplied by 1. Also, the Program Income figure is zero, but changes in programming could potentially create Program Income. Prior Year resources listed are an estimate only based on existing resources and an approximation of expenditures to be made between the writing of the Action Plan and the end of the 2022 Program Year.
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA
375,733 0 0 375,733 375,733
The Year 4 amount used is the 2023 amount. The expected amount for the remainder of the Con Plan is simply the Year 4 amount multiplied by 1. Also, the Program Income figure is zero, but changes in programming could potentially create Program Income. Prior Year resources listed are an estimate only based on existing resources and an approximation of expenditures to be made between the writing of the Action Plan and the end of the 2022 Program Year.
Table 60 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Monterey Park and HUD share a mutual interest in leveraging HUD resources to the maximum extent possible to deliver high -quality affordable housing, neighborhood improvement programs, supportive services, and economic development.
Entitlement Funds
Leverage, in the context of CDBG funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s U.S. Department of Housing and Urban Development (HUD) funded programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to strategically leverage additional funds to achieve greater results. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project from a source other than the originating HUD program are documented.
Other Federal Grant Programs
In addition to the entitlement dollars listed above, the federal government has several other funding programs for community development and affordable housing activities. These include: The Section 8 Housing Choice Voucher Program, Section 202, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others.
It should be noted that in most cases the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdictions.
State Housing and Community Development Sources
In California, the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) administer a variety of statewide public affordable housing programs that help nonprofit affordable housing developers. Examples of HCD’s programs include the Multifamily Housing Program (MHP), Affordable Housing Innovation Fund (AHIF), Building Equity and Growth in Neighborhoods Program (BEGIN), and CalHOME. Many HCD programs have historically been funded by one-time State bond issuances and, as such, are subject to limited availability of funding. CalHFA offers multiple mortgage loan programs, down payment assistance programs, and funding for the construction, acquisition, and rehabilitation of affordable ownership units. The State also administers the federal Low- Income Housing Tax Credit (LIHTC) program, a widely used financing source for affordable housing projects. As with the other federal and state grant programs discussed above, the City would either
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competitively apply or affordable housing developers could apply for funding through these programs for particular developments in the City.
County and Local Housing and Community Development Sources There are a variety of countywide and local resources that support housing and community development programs. Some of these programs help local affordable housing developers and community organizations while others help directly to individuals. The Mortgage Credit Certificates (MCC) Program helps first-time homebuyers by allowing an eligible purchaser to take 20 percent of their annual mortgage interest payment as a tax credit against federal income taxes. The County administers the MCC Program on behalf of the jurisdictions, including Monterey Park.
The City will use its excess match carried over from prior years to fulfill its HOME match obligation. HOME regulations allow the excess match to be carried over and applied to future HOME project match liability.
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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City does not own land or property located within the jurisdiction that may be used to address the needs identified in the plan.
Discussion
Not Applicable.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Goals Summary Information
Goal Category Geographic Area Needs Addressed Funding Housing Strategy
Goal #1
Affordable Housing N/A Affordable Housing – Rental Assistance
CDBG $ 0
HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Affordability
Objective:
Provide decent affordable housing
Description:
Expand affordable rental housing opportunities, particularly for low-income persons.
Goal Outcome Indicator Quantity Unit
Tenant-based rental assistance/Rapid Rehousing 0 Households assisted
Housing Strategy
Goal #2
Affordable Housing N/A Affordable Housing - Rehabilitation of Existing Units CDBG $ HOME $ 281,820
Start Year: 2023
End Year: 2024
Outcome:
Affordability
Objective:
Provide decent affordable housing
Description:
Preserve existing rental and owner-occupied housing resources.
Goal Outcome Indicator Quantity Unit
Residential Rehabilitation 3 Household housing units
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Goal Category Geographic Area Needs Addressed Funding Housing Strategy
Goal #3
Affordable Housing N/A Affordable Housing – Production of new units CDBG $ 0 HOME $ 56,340
Start Year: 2023
End Year: 2024
Outcome:
Affordability
Objective:
Provide decent affordable housing
Description:
Increase affordable homeownership opportunities, particularly for low- and moderate-income persons.
Goal Outcome Indicator Quantity Unit
1 Household Housing Units
Homeless Strategy Homeless N/A Homelessness - Outreach Homelessness - Emergency/Transitional Shelter
Homelessness - Rapid Re-Housing
Homelessness - Prevention
CDBG $ 0
HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/Accessibility
Objective:
Create suitable living environments
Description:
Preserve and improve the supply of supportive housing and public services for the homeless and homelessness prevention servic es.
Goal Outcome Indicator Quantity Unit
Public service activities other than Low/Moderate Income Housing Benefit 0 Persons assisted Homeless Person Overnight Shelter 0 Persons assisted
Homelessness Prevention 0 Persons assisted
Special Needs
Strategy
Non-Homeless Special Needs N/A Community Development - Public Services CDBG $ 0 HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/Accessibility
Objective:
Create suitable living environments
Description:
Provide supportive services for special needs populations.
Goal Outcome Indicator Quantity Unit
Public service activities other than low/moderate income housing benefit
0 Persons assisted
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Goal Category Geographic Area Needs Addressed Funding Fair Housing Strategy Non-Housing Community
Development
N/A Community Development - Public Services CDBG $ 25,000 HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/Accessibility
Objective:
Create suitable living environments
Description:
Continue to implement the Fair Housing laws by providing funding for further fair housing.
Goal Outcome Indicator Quantity Unit
Public service activities other than low/moderate income housing benefit 250 Persons assisted
Community
Development
Strategy Goal #1
Non-Housing Community
Development
N/A Community Development - Public Infrastructure CDBG $ 0 HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/accessibility
Objective:
Create suitable living environments
Description:
Provide needed public infrastructure improvements in target lower- and moderate-income neighborhoods.
Goal Outcome Indicator Quantity Unit
Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit
0 Persons assisted
Other 0 Public facilities
Community
Development
Strategy Goal #2
Non-Housing Community
Development
N/A Community Development - Public Facilities CDBG $ 445,461 HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/accessibility
Objective:
Create suitable living environments
Description:
Provide for new community facilities and improve the quality of existing community facilities to serve lower - and moderate-income neighborhoods.
Goal Outcome Indicator Quantity Unit
Other
1 Public facilities
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Goal Category Geographic Area Needs Addressed Funding Community
Development
Strategy Goal #3
Non-Housing Community
Development
N/A Community Development - Public Services CDBG $ 0
HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/accessibility
Objective:
Create suitable living environments
Description:
Provide needed community services to serve lower and moderate-income residents.
Goal Outcome Indicator Quantity Unit
Public service activities other than low/moderate income housing benefit 0 Persons assisted
Community
Development
Strategy Goal #4
Non-Housing Community
Development
N/A Community Development - Economic Development CDBG $ 0 HOME $ 0
Start Year: 2023
End Year: 2024
Outcome:
Availability/accessibility
Objective:
Create suitable living environments
Description:
Expand the City’s economic base and promote greater employment opportunities.
Goal Outcome Indicator Quantity Unit
Businesses Assisted
Repayment of Section 108 loan
0 Businesses Assisted
Businesses Assisted
Table 61 – Annual Goals
Projects
AP-35 Projects – 91.220(d)
Introduction
The Action Plan focuses on activities to be funded with the two federal entitlement grants CDBG and administered by the Department of Housing and Urban Development (HUD). Housing and community development needs in the City are extensive and require the effective and efficient use o f limited funds. HUD allocates CDBG and HOME funding to eligible jurisdictions on a formula basis, using factors such as population, income distribution, and poverty rate.
CDBG Program - CDBG is an annual grant to cities to assist in the development of viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally to persons of low -and moderate-income. There is a wide range of activities that are eligible under CDBG Programs. CDBG grantees are responsible for ensuring that each eligible activity meets one of three national objectives:
1. Benefiting low and moderate income persons;
2. Aid in the prevention or elimination of slums or blight; and
3. Meet an urgent need that the grantee is unable to finance on its own.
The City is anticipating receiving approximately $588,076 in PY 2023-2024 CDBG funds. The City will be using $0 program income, and $0 carryover from prior years.
HOME Program - HOME funds are awarded annually as formula grants to participating jurisdictions (PJs) The program's flexibility allows local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, rental assistance or security deposits. HOME is designed to create affordable housing to low-income households. The program was designed to reinforce several important values and principles of community development.
The City is anticipating receiving approximately $375,733 in PY 2023-2024 HOME funds. The City will be using approximately $0 in carryover funds from prior years.
Projects
# Project Name
1 Barnes Park Restrooms
2 Fair Housing
3 CDBG Administration
4 HOME Administration
5 Residential Rehabilitation
6 CHDO Project
Table 1 – Goals Description
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Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Based on the Strategic Plan, the City is allocating a majority of its non -administrative CDBG and HOME funds for program year 202 3-2024 to projects and activities that benefit low - and moderate -income people throughout the City.
The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state, and other local sources and the high cost of housing that is not affordable to low -income residents. Th e projects selected for funding represent programs designed to meet needs identified as high within the consolidated plan. Funding is limited, so not all projects requesting funding were able to be funded. The City strives to have a broad spectrum of programs to meet the needs of as many populations throughout Monterey Park as possible.
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Project Summary Information
1 Project Name Barnes Park Restrooms
Target Area Barnes Park
Goals Supported Community Development Strategy
Goal #4
Needs Addressed Community Development - Public
Facilities
Funding HOME: $445,461
Description Work on restrooms at Barnes Park
Target Date 6/30/2024
Estimate the number and type of
families that will benefit from the
proposed activities
1 Location Description Barnes Park
Planned Activities Make improvements needed in the
restrooms.
2 Project Name Fair Housing
Target Area Citywide
Goals Supported Fair Housing Strategy
Needs Addressed Community Development – Public
Services
Funding CDBG: $25,000
Description HRC will assist the City in taking
actions to affirmatively further fair
housing. HRC will handle housing
discrimination complaints or
tenant/landlord counseling.
Target Date 6/30/2024
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Estimate the number and type of
families that will benefit from the
proposed activities
250
Location Description Citywide
Planned Activities HRC will assist the City in taking
actions to affirmatively further fair
housing. HRC will handle housing
discrimination complaints or
tenant/landlord counseling.
3 Project Name CDBG Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed N/A
Funding CDBG: $117,615
Description CDBG Administration
Target Date 6/30/2024
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Citywide
Planned Activities The project is a priority because it is necessary for the proper
administration of the CDBG
program including oversight of the
subrecipients and implementation
of the citizen participation process.
4 Project Name HOME Administration
Target Area Citywide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
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Funding HOME: $37,573
Description HOME Administration.
Target Date 6/30/2024
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Citywide
Planned Activities This project is a priority because it is necessary for the proper
administration of the HOME
program including oversight of the
CHDO projects and implementation
of the citizen participation process.
5 Project Name Homeowner/Renter Rehabilitation
Program
Target Area Citywide
Goals Supported Housing Strategy Goal #2
Needs Addressed Affordable Housing - Rehab of
Existing Units
Funding HOME: $281,820
Description Homeowner/Renter Rehabilitation
Program
Target Date 6/30/2024
Estimate the number and type of
families that will benefit from the
proposed activities
3 Location Description Citywide
Planned Activities This program provides deferred
loans/grants to qualified
homeowners/renters for rehab on
their properties. The loan is due
and payable when title is
transferred, or property is
refinanced or sold. The property
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must be brought up to certain
housing standards as part of the
rehab assistance. Qualified
households must have an annual
income at or less that 80% of the
area median income.
6 Project Name CHDO Project
Target Area Citywide
Goals Supported Housing Strategy Goal #3
Needs Addressed Affordable Housing – Production of
new units
Funding CDBG: $56,340
Description If the City finds a CHDO it will fund
an affordable housing project.
Target Date 6/30/2024
Estimate the number and type of
families that will benefit from the
proposed activities
N/A
Location Description Citywide
Planned Activities TBD
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Not applicable. The City has not established specific target areas to focus the investment of CDBG funds.
Geographic Distribution
Target Area Percentage of Funds
Table 2 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City seeks to disburse federal entitlement dollars strategically within low-and moderate-income (LMI) census tracts; however, no specific neighborhoods are targeted for expenditure of funds. Investments in public facilities and services serving special needs populations and primarily low - and moderate-income persons will be made throughout the City. The City will evaluate each eligible project and program based on urgency of needs, availability of other funding sources and financial feasibility. Residential rehabilitation assistance will be available to income-qualified households citywide.
Discussion
Unless otherwise specified, all the City’s HUD-funded housing and community development programs are generally available to eligible low- and moderate-income persons citywide. To prevent the concentration of low -income persons, City housing programs are marketed and available throughout the City . The programs are not directed to any one geographical area but rather the extremely low - to moderate- income (0 to 80 percent of the MFI) persons and families. The City wants to promote a balanced and integrated community and is committed to helping throughout the City.
An area benefit is an activity that meets the identified needs of low- and moderate -income persons residing in an area where at least 51 percent of the residents are low- and moderate-income persons. The benefits of this type of activity are available to all persons in the area regardless of income. The City seeks to disburse federal entitlement dollars strategically within low-and moderate-income (LMI) census tracts; however, no specific neighborhoods are targeted for expenditure of funds. Investments in public facilities and services serving special needs populations and primarily low - and moderate-income persons will be made throughout the City. The City will evaluate each eligible project and program based on urgency of needs, availability of other funding sources and financial feasibility. Residential rehabilitation assistance will be available to income-qualified households citywide.
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HUD provides estimates of the number of persons that can be considered Low- , Low- to Moderate-, and Low-, Moderate-, and Medium-income persons based on special tabulations of data from the 2011–2015 ACS five-year estimates. LMI percentages are calculated at various principal geographies provided by the Census Bureau. Because timely use of this data is required by regulation, any changes to the City's existing service area boundaries would need to be approved by the City Council. Each year, through the adoption of the City's Annual Action Plan, the City Council approves the service area boundaries as the City's official low- and moderate-income "Target Areas" and "Deteriorating Areas".
The City has traditionally used 100 percent of its CDBG resources to benefit these special areas and/or to operate programs available exclusively to low - and moderate-income people (whereas HUD regulations only require a minimum 70 percent low/mod benefit level for CDBG activities). To continue to achieve this high ratio of low/mod benefit for its CDBG resources, and because of the compelling need to assist these special areas, the City will continue to direct CDBG resources to these special geographic areas.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The tables below delineate the affordable housing goals by population type and program type for FY 2023-24. The City will utilize several programs to achieve these goals.
One Year Goals for the Number of Households to be Supported Non-Homeless 250
Total 250
Table 3 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 3
Acquisition of Existing Units 0
Total 3
Table 4 - One Year Goals for Affordable Housing by Support Type
Discussion
Based on the Strategic Plan, the City is allocating 100 percent of its non -administrative CDBG funds for program year 2023-2024 to projects and activities that benefit low- and moderate-income people.
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AP-60 Public Housing – 91.220(h)
Introduction
There are no public housing units in the City. The Los Angeles County Development Authority (LACDA) provides rental unit assistance to City residents through the Federal Section 8 Voucher program. The primary objective of this program is to assist low-income (0-50 percent of Median Income) individuals and households in making rents affordable. The following tables are based on the number of public housing and Section 8 Housing Choice Vouchers (HCV) offered by LACDA in their unincorporated areas and the cities in Los Angeles County that do not have their own Housing Authority. There is a total of 21,087 Vouchers provided to County residents of which 1,138 are assigned to the elderly, 184 to homeless individuals, and 534 to disabled individuals. Specifically, Monterey Park annually receives approximately 432 housing vouchers. The largest percentage of Voucher recipients, outside of Whites, is African American individuals.
Actions planned during the next year to address the needs to public housing There are no public housing units in the City of Monterey Park; therefore, this section does not apply.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
LACDA manages a resident engagement process with their public housing. However, there is no public housing in the City.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
There is no public housing authority in the City of M onterey Park. The City relies on the County of Los Angeles Housing Authority, to address public housing needs and OCHA is not designated as troubled.
Discussion
See discussion above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City is located within the Los Angeles Homeless Services Authority (LAHSA) Continuum. The continuum provides oversight of federal homeless assistance dollars and collaborates with local communities to provide the best service to our residents who are homeless. The Los Angeles Continuum conducts quarterly community meetings and the public is invited. However, for the 202 3-24 program year, and for the foreseeable future, the City of Monterey Park will not receive enough funds from HUD to address the needs of the homeless. The City of Monterey Park will continue to participate in LAHSA’s annual homeless count to identify the needs in the community. The Community Service Bureau of the Monterey Park Police Department has dedicated employees who reach out to the homeless individuals in the community guiding them to the regional services provided by LAHSA.
Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will continue its efforts in the prevention and reduction of homelessness by supporting the LAHSA and its outreach programs and providing referrals to public assistance programs offered by the County. If additional CDBG funds become available, the City will reconsider funding public service agencies that assist in the prevention and reduction of homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue its efforts in addressing the by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available, the City will reconsider funding public service agencies that assist in the emergency shelter and transitional housing needs of homeless persons.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who we re recently homeless from becoming homeless again
The City will continue its efforts in helping homeless persons make the transition to permanent housing and independent living by collaborating with agencies that provide shelter for the homeless. The City will also provide referrals to public assistance programs offered by other agencies to aid in preventing the
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recently homeless from becoming homeless again.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The City will continue its efforts in helping low -income individuals and families avoid becoming homeless. The City will also provide referrals to public assistance programs offered by other agencies in the County.
Discussion
Please see above.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
Constraints to the provision of adequate and affordable housing can be posed by market, governmental, infrastructure and environmental factors. These constraints may result in housing that is not affordable to low- and moderate- income households or may render residential construction economically infeasible for developers. Constraints to housing production significantly impact households with lower incomes and special needs.
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment in California. Although there are other funding sources for affordable housing such as four percent and nine percent Low Income Housing Tax Credits, HOME, CalHOME, and the Multifamily Housing Program, it is unclear if additional affordable housing projects can be financed since affordable housing projects typically require multiple funding sources. The City is proactive in considering and seeking additional funding sources that will facilitate the construction of affordable housing, development of jobs, and improvement of the quality of life.
Environmental Protection: State law (California Environmental Quality Act, California Endangered Species Act) and federal law (National Environmental Protection Act, Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs resulting from the environmental review process may also add to the cost of housing.
Local Residential Development Policies and Regulations: Some portions of the City are subject to development constraints due to the presence of hillsides, seismic hazards, or other special circumstance.
These constraints affect the development of all housing, not just affordable housing. The City has revised the General Plan and updated the zoning ordinance to facilitate the provision of affordable housing and sustainable development.
Planning and Development Fees: Development fees and taxes charged by local governments also contribute to the cost of housing. Application processing fees in the City of Monterey Park have not been increased since 2010 and are currently being updated.
Permit and Processing Procedures: The processing time required to obtain approval of development permits is often cited as a contributing factor to the high cost of housing. Unnecessary delays add to the cost of construction by increasing land holding costs and interest payments.
State Prevailing Wage Requirements: The State Department of Industrial Relations (DIR) expa nded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development.
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Davis-Bacon Prevailing Wages: A prevailing wage must be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. The prevailing wage is usually higher than competitive wages, raising the cost of housing production and rehabilitation activities. Davis -Bacon also adds to housing costs by requiring documentation of the prevailing wage compliance.
In general, residential developers interviewed for the 2014 -21 Housing Element update and the preparation of this Consolidated Plan reported that the City’s public policies are not a constraint to new housing production.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, grow th limitations, and policies affecting the return on residential investment
Affordable Housing Development Incentives
The City addresses the regional need for more affordable housing through support for the development of new housing units, to increase the supply of affordable housing in the City. For- profit and non-profit housing developers play an important role in providing affordable housing. The City provides financial assistance through participation in the HOME and CDBG programs and offers a varie ty of development incentives to encourage affordable housing development, such as:
• Continue to implement land use policy that encourages new housing development and affordable housing through density bonuses.
• Assist in the development of new affordable housing units during the 2014-2021 Housing Element through the provision of technical assistance.
• Explore ways to expedite affordable housing developments through the Design Review Board process.
• Investigate and develop list of available incentives/concessions for affordable development within 3 years of adoption of the Housing Element.
• Explore funding available through County of Los Angeles CDC, HCD, and HUD at the request of interested developers. Potential funding programs may include single - and multi-family housing rehabilitation programs and homeownership programs administered by HCD.
• Evaluate and assess residual property taxes distribution under the Redevelopment Dissolution Laws and consider setting aside a portion into an Affordable Housing Fund to as sist in development of new units affordable to lower-income households.
• Continue to encourage the development of adequate housing to meet the needs of extremely low-income households and persons with special needs (such as the elderly, victims of domestic
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violence, and the disabled).
• Continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the Industrial Zone.
The responsible agency is the City’s Community and Economic Development Department, and the funding source will be the departmental budget.
Section 8 Rental Assistance
Renter overpayment is a significant issue in Monterey Park, as in all Southern California. The City addresses this need through support for efforts to increase Section 8 Housing Choice Voucher funding.
There are no public housing units in the City. The Los Angeles County Development Authority (LACDA) provides rental unit a ssistance to City residents through the Federal Section 8 Voucher program. The primary objective of this program is to assist low-income (0-50 percent of Median Income) individuals and households in making rents affordable. The following tables are based on the number of public housing and Section 8 Housing Choice Vouchers (HCV) offered by LACDA in their unincorporated areas and the cities in Los Angeles County that do not have their own Housing Authority. There is a total of 21,087 Vouchers provided to Co unty residents of which 1,138 are assigned to the elderly, 184 to homeless individuals, and 534 to disabled individuals. Specifically, Monterey Park annually receives approximately 432 housing vouchers. The largest percentage of Voucher recipients, outside of Whites, is African American individuals.
The Housing Choice Voucher Rental Assistance program extends rental subsidies to very low -income households, as well as elderly and disabled persons. The subsidy represents the difference between 30 percent of the monthly income and the allowable rent determined by the Housing Choice voucher program. The HACoLA coordinates Housing Choice Voucher rental assistance on behalf of the City.
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AP-85 Other Actions – 91.220(k)
Introduction:
The City of Monterey Park will provide for a variety of actions that will take place during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce the number of housing units containing lead-based paint hazards, reduce the number of poverty- level families develop institutional structure, enhance coordination between public and private agencies.
This section discusses the City's underserved needs and institutional structure for delivering housing and community development activities.
Actions planned to address obstacles to meeting underserved needs Efforts to address obstacles to meeting underserved needs will include:
• The City will obtain data from the Housing Authority of the County of Los Angeles on the number of Section 8 households assisted by race, ethnicity, age, and disability status. The City will compare who is being served to the demographic characteristics of the community. In this way, the City will be able to estimate more precisely underserved populations. • The City will encourage and support the efforts of the Housing Authority of the County of Los Angeles to seek additional Section 8 Housing Choice Vouchers. • The City will encourage and support the efforts of non- profit housing development corporations to seek funding from federal, state, and local sources for special needs housing.
Actions planned to foster and maintain affordable housing Monterey Park's annual CDBG and HOME entitlement allocations are limited. The City's HOME rehabilitation program assists with fostering and maintaining affordable housing to low - and moderate- income individuals and families with their housing needs. Another important element in the City’s approach to decent housing is the use of Section 8 Rental Vouchers administere d through the County of Los Angeles Housing Authority.
Actions planned to reduce lead-based paint hazards
The City will increase lead-based paint (LBP) awareness and abatement in its assisted housing programs.
LBP awareness and abatement are key initiatives within the City’s Housing Element and CDBG/HOME programs. The City’s goal is to make certain that each tenant, landlord, and property owner is fully aware of the dangers, symptoms, and methods of testing, treatment, and prevention of LBP poisoning. The City will address the problem of LBP hazard by implementing the residential rehabilitation program for evaluating and reducing lead hazards during repair and renovation of older housing stock. All applicants eligible for services through the residential rehabilitation program receive the most updated version of the Environmental Protection Agency's (EPA) Protect Your Family from Lead in Your Home. When a
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property built before 1978 is approved for grant -funded repairs that may disturb lead -based paint, an inspection test is ordered. When containment and/or abatement are necessary, the homeowner is required to use a contractor certified in lead -safe work practices by the state of California. The City distributes information warning people about the need to maintain buildings, which may contain LBP, as well as other programs to encourage home maintenance, will further aid in mitigating LBP hazards in the City of Monterey Park. The City will adhere to Federal guidelines for reduction activities with LBP.
Actions planned to reduce the number of poverty-level families While the City has no control over many of the factors affecting poverty, it may be able to assist those living below the poverty line. The City supports other governmental, private, and non -profit agencies involved in providing services to low- and moderate-income residents and coordinates efforts with these groups where possible to allow for more efficient delivery of services.
During the Consolidated Plan period, the City will continue to implement its strategy to help impoverished families achieve economic independence and self-sufficiency. The City's anti- poverty strategy utilizes existing County job training and social service programs to increase employment marketability, household income, and housing options. As funds become available, the City will consider allocating CDBG funds to public service agencies that offer supportive services in the fight against poverty.
Improved employment opportunities are important in reducing the number of pe ople living in poverty.
The City addresses this issue by increasing resident's employability through training and increasing the number of higher paying local jobs. The City will coordinate with Mexican American Opportunity Foundation, Management Career Solutions, West San Gabriel WorkSource, and Asian Youth Center, and Chinatown Service Center in conjunction with the Employment Development Department, East Los Angeles Community College, and the County of Los Angeles Community Development Commission. These agencies provide job search services such as workshops, computer classes, phones, fax, computers with internet access, job leads, newspapers, and a resource library for job seekers aged 18 and above. Similarly, employers use some of these agencies to recru it and advertise job openings as well as for job fairs, bringing together top local companies and job seekers.
During the Consolidated Plan period, the City's Economic and Community Development Department will foster economic growth by encouraging economic development opportunities that result in:
1. A jobs/housing balance established through quality employment opportunities for residents;
2. An invigorated economic base through increased sales tax generation; and
3. Economic wealth by attracting external monies to the local economy.
As funding availability permits, the City will consider assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with
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abused children, in addition to other services The City will also continue coordinating with public agencies providing job training, life skills training, lead poisoning prevention and remediation, and other community education programs.
Actions planned to develop institutional structure
The City’s Management Services Department is the key department involved in the 5- year Consolidated Plan and Annual Action Plan process. The Management Services Department is responsible for administration of the CDBG and HOME programs, including the Annual Action Plan, CAPER, and program monitoring.
Additionally, the City will focus on:
• Strengthening the working relationship with the Housing Authority of the County of Los Angeles by providing input to and coordinating with that organization. Efforts to strengthen the institutional structure will involve review of the five -year and annual plans of the Housing Authority of the County of Los Angeles, encouraging the Authority to conduct outreach to local landlords, providing information to the Authority on the location of housing suitable for disabled persons, and other similar considerations.
• Developing a working alliance with private insti tutions such as local lenders and associations of Realtors. Local lenders may be a source of referrals for applicants to the Residential Rehabilitation Program. Local associations of Realtors may help the City to develop ways of increasing homeownership among all populations.
Actions planned to enhance coordination between public and private housing and social service agencies
The City has developed an inventory of public and private housing, health, and social services agencies. The City regularly updates the inventory and maintains a point of contact for each agency. Additionally, the City will obtain the agency -specific 5-Year Consolidated and 1 -Annual Action Plans and maintain these plans in a resource binder to facilitate coordination in future program years.
Discussion:
See discussion above.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
CDBG Program - CDBG is an annual grant to cities to assist in the development of viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally to persons of low -and moderate-income. There is a wide range of activities that are eligible under CDBG Programs. CDBG grantees are responsible for ensuring that each eligible activity meets one of three national objectives:
4. Benefiting low and moderate income persons;
5. Aid in the prevention or elimination of slums or blight; and
6. Meet an urgent need that the grantee is unable to finance on its own.
The City is anticipating receiving approximately $588,076 in PY 2023-2024 CDBG funds. The City does not have program income.
HOME Program - HOME funds are awarded annually as formula grants to participating jurisdictions (PJs) The program's flexibility allows local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, rental assistance or security deposits. HOME is designed to create affordable housing to low-income households. The program was designed to reinforce several important values and principles of community development.
The City is anticipating receiving approximately $ 375,733 in PY 202 3-2024 HOME funds. The City does not have any program income available, has no repayments planned and does no t have any recaptured funds in local account.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
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4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
The City does not use HOME funds in any other manner than those described in Section 92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
In PY 2023-2024, the City does not plan to use HOME funds for homebuyer down payment assistance. However, some homebuyers that were assisted in prior years may decide to sell their homes during the upcoming program year. In that event, the City will enforce the resale and recapture guidelines.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Not applicable since the City will not implement any HOME assisted homebuyer activities.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City has no plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds.
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APPENDIX A
2023-2024 ANNUAL ACTION PLAN
JULY 1, 2023 THROUGH JUNE 30, 2 024
Citizen Participation
(To Be Inserted)
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APPENDIX B
2023-2024 ANNUAL ACTION PLAN
JULY 1, 2023 THROUGH JUNE 30, 2 024
SF 424 Forms and Certifications
(To Be Inserted)
City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Karl H. Berger, City Attorney
SUBJECT: Consideration and possible action to authorize the Mayor to execute a n employment agreement with Assistant City Manager Inez Alvarez, in a form approved by the City Attorney , to perform as the Interim City Manager. Fiscal impacts include (1) an approved 5% increase in base compensation for a total of $230,766 beginning July 8, 2023 during the term of the Agreement; ; and (3) the fring benefits accorded the Assistant City Manager via Resolution No. XXX, adopted July 5, 2023.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Mayor to execute a contract with Ms. Inez Alvarez in a form approved by the City Attorney; and
2. Take such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Upon direction from the City Council t he City Attorney negotiated p rovisions for a n employment agreement with Assistant City Manager Inez Alvarez to perform services as the Interim City Manager.
Summary of this contract includes (see Attachment A):
• A base salary of $230,766 beginning July 8, 2023; and • The same benefits (health, leave times, etc.) as other executive management employees.
BACKGROUND:
City Manager Ron Bow announced his retirement from City service effective July 7, 2023. At the direction of the City Council, the City Attorney negotiated an agreement with Assistant City Manager Inez Alvarez to perform as Interim City Manager until such time as the City Council selected a permanent City Manager.
New Business - 5A
The draft Employment Agreement includes a six-month term with a 5% increase in base salary above Ms. Alvarez’s base salary as the Assistant City Manager.
Additionally, Ms. Alvarez will have the fringe benefits listed in Resoluti on No. XXX which is separately adopted by the City Council on tonight’s agenda.
Respectfully submitted by:
Karl H. Berger
City Attorney
ATTACHMENTS:
A. Interim City Manager Employment Agreement
Staff Report
July 5, 2023
ATTACHMENT 1
Interim City Manager Employment Agreement
1 INTERIM CITY MANAGER AGREEMENT
BETWEEN THE CITY OF MONTEREY PARK
AND INEZ ALVAREZ
THIS AGREEMENT is entered into this ___ day of ____, 2023 by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”) and INEZ ALVAREZ, an individual (“EMPLOYEE”).
1. APPOINTMENT OF INTERIM CITY MANAGER. INEZ ALVAREZ is appointed as CITY’s Interim City Manager. EMPLOYEE will serve at the pleasure of the City Council and may be replaced at any time, with or without cause, without amending this Agreement.
2. SCOPE OF SERVICES. EMPLOYEE will perform the services needed to serve CITY which will include, without limitation, the following:
A. EMPLOYEE will attend all regular and special meetings of the City Council unless excused by the Mayor; and
B. Perform the functions and duties specified by statute and relevant CITY ordinances and resolutions for a City Manager, and to perform such other legally permissible and proper duties and functions as the City Council may from time-to-time assign.
3. TERM. The term of this Agreement will be for six months from the effective date unless otherwise extended by written amendment by the parties, terminated in accordance with this Agreement, or automatically terminated upon CITY employing a permanent City Manager. After the first six months, the Agreement will automatically renew for successive one-month terms unless terminated by either Party or if automatically terminated by CITY employing a permanent City Manager.
4. COMPENSATION. EMPLOYEE will be compensated for providing the services contemplated by this Agreement as follows:
A. Basic Compensation. CITY will pay EMPLOYEE an annual salary of $230,766. This represents a 5% increase over EMPLOYEE’s annual salary as the Assistant City Manager. Upon termination of this Agreement, EMPLOYEE’s compensation will revert to her pay scale as Assistant City Manager as of July 7, 2023.
B. Cost and Expense Reimbursement. In addition to the foregoing compensation, CITY will reimburse EMPLOYEE for actual and necessary ordinary out-of-pocket expenses reasonably incurred by EMPLOYEE in performance of the service provided by EMPLOYEE to CITY pursuant to this Agreement.
2 5. FRINGE BENEFITS.
A. Executive Leadership Team. This Agreement is for interim services; EMPLOYEE maintains the ability to be reinstated as the Assistant City Manager. Consequently, she is subject to Resolution No. XX, adopted July 5, 2023, which is incorporated by reference.
6. REINSTATEMENT RIGHTS TO ASSISTANT CITY MANAGER.
A. EMPLOYEE currently holds the position of Assistant City Manager. As an additional incentive to EMPLOYEE to accept the position of Interim City Manager, CITY agrees to keep the Assistant City Manager position available during the Term of this Agreement. Should EMPLOYEE’S service as Interim City Manager be terminated, EMPLOYEE may (at her discretion) resume her duties as the Assistant City Manager (“Reinstatement Right”) with all the
rights and protections of that position.
To exercise this Reinstatement Right, EMPLOYEE must:
i. Be serving as Interim City Manager during the Term of this Agreement; and
ii. Provide the Mayor written notice within 10 days of her termination as Interim City Manager of EMPLOYEE’s desire to resume
service as the Assistant City Manager.
B. Failure to comply with the requirements of this Section will render EMPLOYEE actually separated from CITY’s service.
7. CONFLICTS OF INTEREST. EMPLOYEE represents that neither EMPLOYEE nor any of the attorneys or other persons employed by EMPLOYEE have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of CITY
that may be affected by the services to be provided to CITY pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests
of the general public. EMPLOYEE agrees that it will comply with CITY’s conflict of interest code as adopted by City Council resolution.
8. TERMINATION OF SERVICES.
A. CITY may terminate this Agreement with or without cause at any time by serving EMPLOYEE with notification of such termination by mail, by fax, or by CITY’s Representative’s oral notice
of termination followed by
written confirmation of same served on EMPLOYEE by mail.
B. EMPLOYEE may terminate this Agreement with or without cause upon 15 days written notice to CITY.
3 C. CITY will compensate EMPLOYEE for services and reimburse it for costs rendered through and including the effective date of any termination.
9. INDEMNIFICATION.
A. CITY will indemnify and defend EMPLOYEE from any and all claims, demands, actions, losses, or charges arising out of, related to, or as a consequence of EMPLOYEE performing her duties as Interim City Manager. Further, CITY will pay all expenses, costs and attorney’s fees arising out of or related to the same.
B. The Parties agree that this Section will survive the termination of this Agreement. CITY’s obligations under this Section apply whether EMPLOYEE is or is not retained by the CITY at the time any such claim, demand, action, loss or charge is made or occurs, as the case may be so long as the action giving rise to the claim occurred during the time EMPLOYEE was retained by CITY.
10. INTERIM CITY MANAGER DUTIES AND ETHICS CODE. The City Council will not intervene with the execution of the Interim City Manager’s powers and duties as provided by the Monterey Park Municipal Code or other applicable law. EMPLOYEE is expected to conform to the ICMA Code of Ethics.
11. PERFORMANCE EVALUATION. The City Council may evaluate EMPLOYEE at any time. Such evaluations will become a part of EMPLOYEE’s personnel file. For any such evaluation, EMPLOYEE or the City Council may require that CITY contract with a third-party consultant to interview individual City Councilmembers regarding EMPLOYEE’s performance and prepare a report for the entire City Council to use in evaluating EMPLOYEE’s performance.
12. ASSEMBLY BILL 1344 (GOVERNMENT CODE § 53243, ET SEQ.) COMPLIANCE. To the extent CITY provides: (i) paid leave to EMPLOYEE pending an investigation; (ii) funds for the legal criminal defense of the EMPLOYEE; and/or (iii) a cash settlement to EMPLOYEE related to the termination of the EMPLOYEE, pursuant to this AGREEMENT and Government Code § 53243, et seq., EMPLOYEE must fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) in the event that the EMPLOYEE is convicted of a crime involving the abuse of his office or position.
13. WAIVER OF BREACH. No waiver of the breach of any of the covenants, agreements, provisions, or conditions of this Agreement by either party will be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, provisions or conditions of this Agreement. No delay or omission of CITY or EMPLOYEE in exercising any right, power, or remedy herein provided in the event of default will be construed as a waiver thereof, or acquiescence therein.
4 14. ENTIRE CONTRACT. This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument will be of no force or effect excepting a subsequent modification in writing signed by CITY and EMPLOYEE.
15. PARTIAL INVALIDITY. Partial invalidity of this Agreement will not affect the remainder.
16. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
17. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
18. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
19. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
20. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
21. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
22. EFFECTIVE DATE. This Agreement is effective on July 8, 2023.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
5 CITY OF MONTEREY PARK, INEZ ALVAREZ
a municipal corporation. an individual.
_______________________ _______________________
Jose Sanchez, Mayor
ATTEST:
_____________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
________________________
Justin A. Tamayo, Deputy City Attorney
RESOLUTION NO.
A RESO
LUTION OF APPRECIATION TO HONOR RON BOW FOR HIS YEARS OF
OUTSTANDING PUBLIC SERVICE TO THE CITY OF MONTEREY PARK WHEREA
S Ron Bow and his wife of 32 years, Lillian, have deep roots in Monterey Park. Ron and Lillian met and resided in Monterey Park for 19 years and their two children, Lauren and Justin, were raised and attended local schools.
WHEREA
S Ron, along with his wife, Lilian, actively volunteered at local schools, Tigers Youth Club, Boy Scouts, Girl Scouts, and the early years of the Cherry Blossom Festival.
WHEREA
S in 1986, Ron bega n his career in local government in the City of Monterey Park as a Water Distribution Operator, promoted to Water Distribution Crew Supervisor, and finally promoted to Water Distribution Supervisor. Following his early tenure in Monterey Park, Ron also served other public agencies in various capacities including the Utilities Superintendent for the City of Alhambra; Water and Sewer Superintendent and Water Systems Manager for the Otay Water District; and Deputy Director of Public Works/Utilities/Street Manager and Director of Public Works for the City of Monrovia. Ron returned to the City of Monterey Park and served as the Assistant City Manager/Director of Public Works and was then appointed as Interim City Manager in November 2016.
WHEREA
S in August 2017, Ron was appointed City Manager for the City of Monterey Park.
WHEREA
S Ron has provided exemplary service as he carried out the responsibilities in providing the overall direction and coordination of city operations and carrying out policies and priorities of elected officials to achieve and maintain the improvement of Monterey Park’s municipal services and overall quality of life.
WHEREA
S during his tenure as City Manager, Ron’s high standards for professionalism in decision- making, work performance, interpersonal skills, and the promotion of achievement for all those around him have immeasurably strengthened the City of Monterey Park organization.
WHEREA
S Ron has brought a wealth of municipal experience to the City of Monterey Park, strived to promote cooperative management, and led the organization with a passionate drive to enhance the services provided to the Monterey Park community.
WHEREA
S during the COVID-19 pandemic, Ron served in a critical role by coordinating vaccination efforts for city staff and community members to assure that critical services and city business continued while keeping everyone safe.
WHEREA
S Ron exhibited exceptional leadership and strength during uncertain and unprecedented times. His swift and decisive actions to protect city staff and residents and keep them safe from the devastating impacts of the COVID -19 pandemic brought hope, optimism, and much-needed stability while ensuring the continued delivery of essential city services.
WHEREA
S Ron showed indefatigable strength and leadership as he effectively managed the tragic mass casualty incident on January 21, 2023, with courage, resilience, and fortitude. He efficiently July 5, 2023
City Communications - 6A
coordinated with staff and various agencies to provide mental health services, recovery resources, and financial assistance to those impacted by the mass casualty incident.
WHEREAS Ron demonstrated compassion, provided community members a place to heal, and infused a sense of hopefulness back into the Monterey Park community.
WHEREAS Ron is an inspiring individual and has demonstrated utmost composure and strength in leading the City of Monterey Park’s day-to-day operations and through crises with admirable guidance.
WHEREAS Ron also served 25 years in the U.S. Air Force in active and reserve capacit ies. Ron served in Active duty from 1981 to1985, and as an Active Reservist from 1985 to 2005. Master Sergeant Bow retired in 2005 to dedicate more time to family and retired with several achievement medals, accolades of work, and “Mobility A” status.
WHEREAS in 2015, Ron was honored by the California State Legislature 22nd Senate District with the 2015 Veteran Service Award. In 2017, he was recognized and honored by the 49th Assembly District as the 2017 Veteran of the Year. Furthermore, in 2021, he received the 27th Congressional District Building Bridges Award “Hometown Heroes of the Pandemic” for his leadership and outstanding contributions, unwavering dedication, compassion, and selfless commitment to serve the community.
WHEREAS his impact on positive change in local government and the city management profession goes well beyond the written words, and to all of those who had the good fortune of knowing and working with him, he has left an abiding impression of the highest standards of city management that will serve the City of Monterey Park well into the future.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monterey Park appreciates and commends the outstanding public service of Ron Bow. We gratefully record our appreciation and the appreciation of the citizens of this community for Ron’s 17 years of meritorious service rendered. We congratulate him on his retirement and remarkable career.
Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 5th day of July 2023.
Jose Sanchez Thomas Wong
Mayor Mayor Pro Tem
Vinh T. Ngo Yvonne Yiu Henry Lo Councilmember Councilmember Councilmember