Monterey Park City Council
July 5, 2023

CITY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754

Wednesday
July 5, 2023
6:30 p.m.

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

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

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

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

Council Chambers are wheelchair accessible.

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

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

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

Monterey Park City Council Agenda, July 5, 2023 - Page 2

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

• CITY MANAGER COMMUNICATION

PUBLIC COMMUNICATIONS:

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

STAFF COMMUNICATIONS:
• L ibrary
• Police Department
• Public Work
• Recreation and Community Services

[1.] PRESENTATION

1-A. MONTEREY PARK COMMUNITY HEALING FUND UPDATE

1-B. DEVELOPMENT PROJECT UPDATE

1-C. U.S. SMALL BUSINESS ADMINISTRATION (SBA) ECONOMIC INJURY DISASTER LOAN (EIDL) PROGRAM UPDATE

[2.] OLD BUSINESS

2-A. SAN GABRIEL VALLEY REGIONAL HOUSING TRUST (“SGVRHT”) MEMBERSHIP It is recommended that the City Council consider:
(1) Providing staff direction regarding the City Council’s desire to join the SGVRHT and at what membership type, affiliate membership or full membership; (2) If desirable:
a. Authorize the City Manager to prepare a letter to join the SGVRHT as an affiliate member, with no access to project funding, for amount of $12,042.14 for the first year and thereafter, an ongoing annual fee of $3,042.14 plus annual Consumer Price Index (“CPI”) increase; OR
b. Authorize the City Manager to execute an agreement with SGVRHT, in a form approved by the City Attorney, to join the SGVRHT as a full member, with access to project funding, for amount of $24,210.68 for the first year and thereafter, an ongoing annual fee of $15,210.68 plus annual CPI increase; AND
c. Budget amendment appropriating funds from the General Fund to cover annual costs for the selected membership level; and
(3) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, July 5, 2023 - Page 3

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

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

3-A. GOODVIEWS ABATEMENT PROJECT (GAP) NOTICE OF COMPLETION; TERMINATION

OF LOCAL EMERGENCY GOVERNING THE GAP
It is recommended that the City Council consider:
(1) Receiving and filing the notice of completion for the GAP (2) Adopting a resolution terminating the local emergency governing the GAP; and (3) Taking such additional, related, action that may be desirable.

3-B. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY

PARK, CALIFORNIA ADJUSTING THE SALARIES AND BENEFITS FOR EXECUTIVE

MANAGEMENT
It is recommended that the City Council consider:
(1) Adopting the attached resolution adjusting the salaries and benefits for the Executive Management Employees;
(2) Taking such additional, related, action that may be desirable.

3-C. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MONTEREY PARK POLICE OFFICERS’ ASSOCIATION FOR THE TERM OF JULY 1, 2023 TO JUNE 30, 2025
It is recommended that the City Council consider:
(1) Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Police Officers’ Association (“MPPOA”). The MPPOA represents the police corporals and police officers in the Monterey Park Police Department;
(2) Taking such additional, related, action that may be desirable.

3-D. PROFESSIONAL SERVICES AMENDMENT WITH HF&H CONSULTANTS, LLC FOR

WATER, WASTEWATER, AND SOLID WASTE RATE STUDIES
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.

3-E. 2020 URBAN AREAS SECURITY INITIATIVE (UASI) PROGRAM - CONTINGENCY FUNDS UPDATE
It is recommended that the City Council consider:
(1) Receiving and filing report; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, July 5, 2023 - Page 4

3-F. 2020 STATE HOMELAND SECURITY GRANT PROGRAM – COST SAVINGS PROJECTS 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.

3-G. STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT GRANT YEAR 2022 – AWARD OF AGREEMENT
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.

3-H. CANNABIS TAX FUND GRANT PROGRAM (CTFGP) FUNDING FOR FISCAL YEAR 2023/2024
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 Patrol (CHP) in the amount of $184,010.89 for the Cannabis Tax Fund Grant Program (CTFGP);
(2) Adopting 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.

3-I. A RESOLUTION DECLARING THE MONTH OF JULY AS “PARKS MAKE LIFE BETTER”

MONTH IN THE CITY OF MONTEREY PARK
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.

3-J. AUTHORIZE PURCHASE OF TRANSIT VANS FOR DIAL-A-RIDE PROGRAM It is recommended that the City Council consider:
(1) Waiving the bidding requirements pursuant to Monterey Park Municipal Code Section

3.20.050(4) and authorizing the City Manager to execute a contract with Creative Bus Sales, in a form approved by the City Attorney, not to exceed $170,797.58 for the purchase of two Class V – MobilityTRANS V350 transit vans for the City’s Dial-a-Ride program; and (2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, July 5, 2023 - Page 5

3-K. BARNES PARK AMPHITHEATER SEATING UPGRADES
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).

[4.] PUBLIC HEARING

4-A. PUBLIC HEARING AND APPROVAL OF THE 2023-2024 ANNUAL ACTION PLAN AS

REQUIRED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT, AND HOME

INVESTMENT PARTNERSHIPS PROGRAMS
It is recommended that the City Council consider:
(1) Opening the public hearing to receive testimonial and documentary evidence; (2) Approving the One -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) Taking such additional, related, action that may be desirable.

[5.] NEW BUSINESS

5-A. CONSIDERATION AND POSSIBLE ACTION TO AUTHORIZE THE MAYOR TO EXECUTE

AN 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 E

BENEFITS ACCORDED THE
ASSISTANT CITY MANAGER VIA RESOLUTION NO. XXX, ADOPTED JULY 5, 2023 It is recommended that the City Council consider:
(1) Authorize the Mayor to execute a contract with Ms. Inez Alvarez in a form approved by the City Attorney; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, July 5, 2023 - Page 6

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF APPRECIATION TO HONOR RON BOW FOR HIS YEARS OF

OUTSTANDING PUBLIC SERVICE TO THE CITY OF MONTEREY PARK It is recommended that the City Council consider:
(1) Adopting a Resolution of Appreciation to honor Ron Bow for his years of outstanding public service to the city of Monterey Park; and
(2) Taking such additional, related, action that may be desirable.

[7.] FUTURE AGENDA ITEMS

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

ADJOURN

City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: San Gabriel Valley Regional Housing Trust (“SGVRHT”) Membership RECOMMENDATION:

It is recommended that the City Council consider:

1. Providing staff direction regarding the City Council’s desire to join the SGVRHT and at what membership type, affiliate membership or full membership;

2. If desirable:
a. Authorize the City Manager to prepare a letter to join the SGVRHT as an affiliate member, with no access to project funding, for amount of $12,042.14 for the first year and thereafter, an ongoing annual fee of $3,042.14 plus annual Consumer Price Index (“CPI”) increase; OR b. Authorize the City Manager to execute an agreement with SGVRHT, in a form approved by the City Attorney, to join the SGVRHT as a full member, with access to project funding, for amount of $24,210.68 for the first year and thereafter, an ongoing annual fee of $15,210.68 plus annual CPI increase; AND
c. Budget amendment appropriating funds from the General Fund to cover annual costs for the selected membership level; and

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

EXECUTIVE SUMMARY:

On April 5, 2023, the City Council received a presentation from the San Gabriel Valley Regional Housing Trust. City Council gave direction to research the process for joining the SGVRHT.

There are two types of membership types that are available, including affiliate membership, which does not allow access to project funding, and full membership, which allows access to project funding and other benefits.

The City Council should consider the following:

1. Whether the City Council would like to join the SGVRHT; and

2. If so, at what membership level?
Old Business - 2A

Staff Report

July 5, 2023

Should the City Council decide to authorize the City Manager to join the SGVRHT, the City Council would also need to authorize a budget amendment appropriating funds from the General Fund to cover annual costs for the selected membership level.

BACKGROUND:

On April 5, 2023, the City Council received a presentation from Brielle Salazar, Regional Housing Trust Manager, from the San Gabriel Valley Regional Housing Trust. The presentation from this meeting is included in Attachment A. City Council provided sta ff direction to research the process for joining the SGVRHT.

SGVRHT Membership Levels:

The SGVRHT has 2 membership levels outlined below:

1. Affiliate membership:
a. Cost:
i. first year: $12,042.14;
ii. ongoing annual fee: $3,042.14 + Consumer Price Index (CPI); b. Benefits: supports for affordable housing within the San Gabriel Valley and has access to technical resources, but not eligible for a seat on the Board of Directors for the SGVRHT and cannot receive project funding; and c. Process for joining: Letter from City requesting to join as an affiliate member on City letterhead.

2. Full membership:
a. Cost: first year:
i. $24,210.68;
ii. ongoing annual fee: $15,210.68 + CPI;
b. Benefits: eligible to serve on Board of Directors and receive project funding, among others; and
c. Process for joining: Executing a Joint Powers Agreement (JPA) with the SGVRHT (see Attachment B – JPA template).

SGVRHT Programs/Services included in Full Membership:

The following summarizes the programs/services included in joining the SGVRHT as a full member:

• Provides gap funding to help finance planning and construction of affordable or homeless housing projects.
• Provides City with a tool to incentivize development of affordable or homeless units.
• SGVRHT Board of Directors review/approve projects and allocate funding based on readiness to proceed, which includes projects which are ready to start construction within 12 months.

Staff Report

July 5, 2023

• Provides access to funding sources that are not directly available to cities (i.e.

Local Housing Trust Fund, State Budget Earmarks to SGVRHT). • A revolving loan fund, which was initiated with a $7.8 million fund, is available to affordable housing developers as short-term capital to help with acquisition, predevelopment and construction costs.
• SGVRHT programs support cities from beginning with technical assistance, though predevelopment with a revolving loan fund for acquisition and predevelopment capital, and through construction by providing permanent funding.

Funding for Fees:

At this time, staff continues to look for grant opportunities to assist with the membership fees but have been unable to identify grants to support this endeavor. Should the City Council decide to authorize the City Manager to join the SGVRHT, the City Council would also need to authorize a budget amendment appropriating funds from the General Fund to cover annual costs for the selected membership level.

For future consideration, the City Council will again consider an Inclusionary Housing Ordinance on August 16, 2023. If an in-lieu fee is determined to be an allowed alternative to providing affordable units, the City Council may consider adopting a Citywide fee associated with the Inclusionary Housing Ordinance. The City Council may elect to utilize monies collected through the Inclusionary Housing Ordinance in-lieu fee towards payment of the SGVRHT annual membership dues.

FISCAL IMPACT:

Should the City Council decide to authorize the City Manager to join the SGVRHT, the City Council would also need to authorize a budget amendment appropriating funds from the General Fund to cover annual costs for the selected membership level as follows: a) affiliate membership for amount of $12,042.14 for the first year and thereafter, an ongoing annual fee of $3,042.14 plus annual CPI increase; or 2) full membership, with access to project funding, for amount of $24,210.68 for the first year and thereafter, an ongoing annual fee of $15,210.68 plus annual CPI increase.

Respectfully submitted by: Reviewed by:

Jessica Serrano
Director of Community
Development

Martha Garcia
Director of Finance

Staff Report

July 5, 2023

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. SGVRHT Presentation from April 2, 2023 City Council Meeting

2. SGVRHT Joint Powers Agreement Template

Staff Report
July 5, 2023

ATTACHMENT 1
SGVRHT Presentation from
April 2, 2023 City Council Meeting

SGVRHT Overview
March 2023

SGVRHT
Structure
 The San Gabriel Valley Regional
Housing Trust (SGVRHT) is a Joint
Powers Authority formed by SB 751
(Rubio) to fund and finance the
planning and construction of
affordable and homeless housing
projects.
 SGVRHT is able to receive and
leverage public and private
financing.
 22 cities have joined the SGVRHT
 Member and affiliate member fees
are charged annually and are used
to cover the general operations of
the SGVRHT including the Master
Services Agreement (MSA) with
SGVCOG

SGVRHT Board of Directors
Chair , Jed Leano,
City of Claremont
Vice Chair , Becky
Shevlin, City of
Monrovia
Gary Boyer, City
of Glendora
Adele Andrade-
Stadler , City of
Alhambra
Emmanuel Estrada,
City of Baldwin Park
Margaret Finlay,
City of Duarte
Carol Averell,
Housing Expert
Benita DeFrank,
Housing Expert
Patty Cortez,
City of Covina

Funding Sources
 Local Housing Trust Fund: Competitive 1:1 matching source for affordable housing development  State Budget Earmarks sponsored by Senator Susan Rubio  Community Project Funding Grants
City Funding Award Units
2020 Claremont; Pomona $1 million 71
2021 Pomona; Alhambra $1.1 million 175
2022 TBD $1 million TBD
Award Programs Funded
FY 2020 $1 million Pipeline
FY 2022 $20 million Revolving Loan Fund, Pipeline, Homeless Housing Pilot Programs
FY 2023 $30 million Revolving Loan Fund, Pipeline, Land Trust, Housing Innovation City Funding Award Units
FY 2022 Claremont $3 million 33
FY 2023 TBD $4 million TBD

San Gabriel Valley Project Pipeline
• The San Gabriel Valley Project Pipeline serves as the first step to receiving a funding award from SGVRHT
• Projects must be located in a member city and have
member city support
• Projects are added by completing the application
available at sgvrht.org
• Currently there are 9 projects on the pipeline,
totaling over 440 units
• Funding awards will be made based on the
availability of funds and the requirements of
available sources of funding

SGVRHT Pipeline Funding Awards
Average per unit
investment:
$29,873
Award Type City Units Funding Allocation
LHTF 2020 Claremont 15 $554,750
LHTF 2020 Pomona 56 $1,350,000
LHTF 2021 Alhambra 50 $1,000,000
LHTF 2021 Pomona 125 $1,000,000
FY 23 Federal Earmark Claremont 32 $3,000,000
State Budget Earmark Baldwin Park 57 $2,500,000
State Budget Earmark El Monte 39 $1,560,000
State Budget Earmark Pomona 75 $2,000,000
State Budget Earmark Alhambra 44 $1,760,000
State Budget Earmark Montebello 63 $1,700,000
State Budget Earmark Montebello 81 $2,500,000
State Budget Earmark El Monte 53 $1,687,807
TOTAL UNITS 690 $20,612,557

Project Renderings

 $7.8M Fund for short term capital for loans for:
 Acquisition
 Predevelopment
 Construction
 Loan proceeds and repayments will be available to lend to new projects in perpetuity  Application is available at sgvrht.org
 To date, the RLF has funded two single family affordable home ownership projects:

Project Applicant Funded Amount Units
Azusa – N. Angeleno Ave. Habitat for Humanity $336,000 4 Baldwin Park – Torch Street Habitat for Humanity $1,000,000 12 $1,336,000 16
Revolving Loan Fund

SGVRHT provided Capital and Operational Funding to develop 3 sites totaling 105 beds of interim housing
• Esperanza Villa– C ity of Baldwin Park
• 25 units for individuals
• Operation Stay Safe- C ity of Montebello
• 30 beds for individuals
• Serenity Homes– C ity of Baldwin Park
• 16 units for families
• Technical assistance funding is available to evaluate potential sites Homeless Housing

Affordable Housing
Technical Assistance
● Surplus la nd inventory: Established an inventory of publicly and privately-owned sites that could potentially serve as sites for affordable and/or homeless housing ● Land T rust Study: The SGVRHT will form a 501c3 Regional Land Trust ● Bond S tudy : Evaluate the potential role of the SGVRHT as an issuer and develop an implementation plan
● Affordable Ho using Incubator: Provide member cities with technical assistance in below disciplines:
• Financial A nalysis & Technical Support;
• Real E state & Land Acquisition Support;
• Land U se and Environmental Analysis;
• Public O utreach & Engagement; and
• Grant W riting .

SGVRHT Project Support
Technical Assistance
Affordable Housing
Incubator
Pilot programs
Predevelopment
Revolving loan fund
for acquisition and
predevelopment
capital
Regional Land Trust
Pipeline Funding
Construction and
permanent financing
for affordable
housing

Questions?
www.sgvrht.org
[email protected]

Staff Report
July 5, 2023

ATTACHMENT 2
SGVRHT Joint Powers Agreement Template

1471730.1

THE SAN GABRIEL VALLEY REGIONAL HOUSING
TRUST_JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is made this_ ___ day of ______ 2020 (the "Effective Date"), by and between the public agencies listed in the attached Exhibit “A” (hereafter, individually, a “Party” and collectively, the "Parties").

RECITALS
A. The P
arties are authorized to take such actions that promote the public health, safety and welfare of residents.

B. The
Parties acknowledge that a shortage of affordable housing exists as a result of various causes.

C. The P
arties are committed to providing additional housing opportunities and reducing homelessness in a coordinated and comprehensive manner.

D. The P
arties acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Party.

E. Eac
h Party has the individual power to fund the planning and construction of affordable housing projects within its jurisdictional boundaries and to carry out all of the purposes of this Agreement.

F. The P
arties find it in their mutual interest to enter into this Agreement to provide a coordinated response to addressing shortages in workforce housing, affordable housing, and supportive housing in the San Gabriel Valley.

G. Cal
ifornia Government Code sections 6500 et seq. ("Joint Exercise of Powers Act" or "Act") permits two or more public agencies to create a joint powers authority for the purposes cited herein, and permits such agencies to exercise jointly any power that the public agencies could exercise separately. 19th February

1471730.1
H. California Government Code section 6539.6 authorizes the County of Los Angeles and any of the cities within the jurisdiction of the San Gabriel Valley Council of Governments to create a joint powers agency known as the San Gabriel Valley Regional Housing Trust ("SGVRHT"), which may do any of the following:

1. fund the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing;

2. receive public and private financing and funds; and

3. authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by SGVRHT.

I. The Parties are establishing the SGVRHT to promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, to efficiently accelerate housing for homeless, low, very low and extremely low-income individuals and families.

J. This Agreement shall not in any way be interpreted to limit any Party’s authority over land- use decisions within their respective jurisdictions, including, but not limited to, whether any project or program supported by SGVRHT is to be implemented within such Party’s jurisdiction.

NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

Section 1. Creation and Purpose.
a) Creation of SGVRHT . Pursuant to the Joint Exercise of Powers Act, including Section 6539.6 of the Government Code, there is hereby created a public entity to be known as the "San Gabriel Valley Regional Housing Trust." SGVRHT shall be a public entity separate and apart from the Parties, and shall administer this Agreement.

1471730.1
b) Purpose. This Agreement is made pursuant to the Joint Exercise of Powers Act for the purpose of creating SGVRHT as a public entity separate from the Parties to: (i) exercise common powers with respect to providing funding for the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; and (ii) receive public and private financing and funds. The purpose of this Agreement shall be accomplished and common powers exercised in the manner set forth in the Agreement. Nothing contained in this Agreement shall preclude any Party from establishing, maintaining or providing social programs or services to its respective residents as it deems proper and necessary.

Section 2. Term and Termination.
a) Term. This Agreement shall become effective, and SGVRHT shall come into existence, on the Effective Date , which date shall be the date upon which this Agreement has been approved by four eligible members, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section.

b) Termination. This Agreement may be terminated by agreement of a majority of the Parties, but shall remain in full force and effect until all bonds or SGVRHT liabilities have been paid. Upon such liabilities being paid, the assets of SGVRHT shall be distributed to the Parties in proportion to the contributions of each Party to SGVRHT and the amounts paid by, each Party in connection with SGVRHT 's activities.

Section 3. Powers and Duties of SGVRHT.
a) General Powers. SGVRHT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code section 6539.6, and, except as expressly

1471730.1
set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the City of West Covina, a general city.

b) Specific Powers . Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, SGVRHT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following:

1. to make and enter into contracts;

2. to contract for staff assistance, including, but not limited to, contracting with other public agencies;

3. to sue and be sued in its own name;

4. to apply for, accept, receive and disburse grants, loans and other aids from any Federal, State or local program that is related to the purposes of this Agreement;

5. to invest any money in the treasury pursuant to Section 6505.5 of the Joint Exercise of Powers Act that is not required for the immediate necessities of SGVRHT, as SGVRHT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;

6. to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith;

7. to incur and discharge debts, liabilities, and obligations, subject to the limitations provided in this Agreement and to the extent permitted under the law;

8. to issue and receive loans;

9. to engage the services of private consultants to render professional , financial and technical assistance and advice in carrying out the purposes of this Agreement;

10. to employ and compensate legal counsel, including bond counsel, determined appropriate by SGVRHT in the accomplishment of the purposes of this Agreement;

11. to contract for engineering, construction, architectural, accounting,

1471730.1
environmental, land use, or other services determined necessary or convenient by SGVRHT in connection with the accomplishment of the purposes of this Agreement;

12. for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which SGVRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

13. for the purposes of renting space for SGVRHT to operate, to lease to, and to lease from, a Party or any other person or entity lands, structures, real or personal property, rights, rights -of-way, franchises, easements, and other interests in real or personal property which SGVRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

14. to solicit charitable contributions from private sources;

15. to acquire, hold, or dispose of property, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;

16. to partner with Parties on funding solicitations and other opportunities for the purposes set forth in this Agreement, including but not limited to jointly exercising powers with a Party pursuant to the Joint Exercise of Powers Act;

17. to the extent not herein specifically provided for, to exercise any powers in the manner and according to methods provided under the laws applicable to the SGVRHT; and

18. to carry out and enforce all the provisions of this Agreement in compliance with the Joint Exercise of Powers Act.

c) Limitation on Powers. This Agreement does not authorize SGVRHT do any of the following:

1. regulate land use within the jurisdiction of any of the Parties;

1471730.1

2. levy, or advocate or incentivize the levying of, any land use exaction such as an impact fee, charge, dedication, reservation or tax assessment, as a condition of approving the funding for or approval of , a development project;

3. require inclusionary zoning requirements;

4. fund or otherwise approve an agreement for a housing project that is not supported by the Party within whose jurisdiction the project is proposed to be located; or

5. require the Parties to this Agreement to accept or provide any specific number of housing units as a prerequisite to joining or remaining a Party to this Agreement.

Section 4. Members/Affiliates.
a) Members. The members of SGVRHT shall be the Parties to this Agreement who have not withdrawn from SGVRHT , and such other entities that may join SGVRHT after execution of this Agreement. New members may join on the terms and conditions set forth in Section 10 hereof. Only the County of Los Angeles and cities within the jurisdiction of the San Gabriel Valley Council of Governments may become members of SGVRHT.

b) Affiliates. Entities that are eligible to be a party to this Agreement may join the SGVRHT as an affiliate. Entities that join as an affiliate are not eligible to have a member of their governing board serve on the Board of Directors or receive funding for a project within their jurisdiction until such time, if ever, they become of a Party of SGVRHT. An eligible entity may become an affiliate through written notice from the executive officer of the entity, but shall not be a Party to this Agreement.

Section 5. Board of Directors.
a) Selection of Directors. The membership of the Board of Directors of SGVRHT shall be governed by Government Code section 6539.6 and as it may be amended. As currently provided therein, SGVRHT shall be governed by a Board of Directors selected by the San Gabriel Valley Council of

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Governments Governing Board (“SGVCOG Board”) consisting of nine Directors selected as follows:

1. Seven Directors who are members of the SGVCOG Board that either represent: (i) a County of Los Angeles board of supervisor district that is located wholly or partially within the territory of the San Gabriel Valley Council of Governments, provided the County of Los Angeles is a Party to this Agreement; or (ii) a city that is a Party to this Agreement.

2. Two Directors that are experts in homeless or housing policy.

3. Alternates for each Director position may be established by the Board of Directors under bylaws adopted by the Board of Directors; provided that such alternates meet the requirements established in Government Code section 6539.6 and as it may be amended.

b) Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of SGVRHT shall be vested in and exercised by and its property controlled and its affairs conducted by the Board of Directors.

c) Director Terms. At its first regular meeting following the Effective Date or at such other time as it determines, the SGVCOG Board shall select the Directors for the SGVRHT Board of Directors. Each Director shall serve a term of two years. At a regular SGVCOG Board meeting preceding the end of the Directors’ terms by at least 15 days, the SGVCOG Board shall select new Directors or re-sel ect current Directors for the new terms of office. There is no limit on the number of terms a Director may serve. In the event of a vacancy on the Board of Directors, the SGVCOG Board shall appoint a replacement within 60 days of such vacancy who shall s erve out the remainder of term of the Director that he or she has replaced.

d) Advisory Board. The Board of Directors may appoint advisory boards that may include such persons as designated by the Board of Directors . The Board of Directors shall adopt bylaws that govern the appointment of advisory boards should it determine in its discretion to appoint such advisory boards.

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e) Compensation. Directors shall serve without compensation but may be reimbursed for any expenses actually incurred in connection with serving as a Director; provided such expenses have been previously approved by the Board of Directors and incurred in accordance with any SGVRHT policies or procedures governing same.

f) Meetings of the Board of Directors.

1. Call, Notice and Conduct of Meetings . All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq.

2. Regular Meetings . Regular meetings of the Board of Directors shall be held at such dates and times as the Board of Directors may fix by resolution; a copy of such resolution shall be furnished to each Party hereto. If any day so fixed for a regular meeting shall fall upon a legal holiday, then such regular meeting shall be held on the next succeeding business day at the same hour, unless otherwise determined by the Board of Directors. No notice of any regular meeting of the Board of Directors need be given to the individual Directors.

3. Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. Notices of all special meetings shall be provided to all Parties.

4. Quorum. A quorum is established if at least five (5) Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place or constitute a “committee of the whole” for purposes of hearing reports or other matters not requiring action by the Board of Directors. Unless otherwise provided in this Agreement, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting.

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5. Minutes. The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept and present same for approval by the Board of Directors.

6. Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings.

7. Rules and Regulations . The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.

Section 6. Additional Officers and Employees
a) Officers and Contract Staff.

1. SGVRHT may contract for officers and staff with a Party to this Agreement, the San Gabriel Valley Council of Governments or other independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of SGVRHT's powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in SGVRHT's budget and are appropriated by SGVRHT therefore.

2. None of the officers, agents or staff, if any, directly contracted by SGVRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Party.

3. If SGVRHT contracts with a Party to this Agreement to provide SGVRHT

1471730.1
with administrative services through persons who are employees and/or officers of the Party, then any retirement liabilities associated with that Party's employees and/or officers shall not constitute a liability of SGVRHT or any other Party to this Agreement.

4. All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents or employees of a member Party shall apply to the same extent when performing duties for SGVRHT.

b) Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505. 6, the Board of Directors shall appoint an officer or employee of SGVRHT, the treasurer of a Party to this Agreement or a certified public accountant to hold the offices of treasurer and auditor for SGVRHT. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for SGVRHT required by Sections 6505, 6505.5 and 6505.6 of the Government Code, including any amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of SGVRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of SGVRHT. The treasurer and auditor of SGVRHT shall be required to file an official bond as required by Government Code section 6505.1 with the Board of Directors in an amount, which shall be established by the Board.

Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond s hall be the official bond required herein.

The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of SGVRHT.

c) Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to SGVRHT who shall perform such duties as may be prescribed by the Board.

Section 7. Financial Provisions
a) Fiscal Year. The Fiscal Year of SGVRHT shall, unless and until changed by the

1471730.1
Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of SGVRHT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June.

b) Budget.

1. General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of the membership of the Board of Directors.

2. Expenditures for the Approved B udget. The payment of all SGVRHT obligations is limited to the amount of appropriations allowed in SGVRHT's approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors.

c) Contributions by the Parties.

1. Administrative Cost Contributions. The Parties agree that they shall make annual contributions (“Administrative Fee”) towards the budgeted administrative costs of SGVRHT in accordance with a cost allocation formula as outlined below:

Population Annual Administrative Fee
Up to 30,000 $10,000
30,001 – 60,000 $15,000
60,001 – 100,000 $20,000
100,001 – 175,000 $25,000
County (per district) $25,000

Affiliate Membership
Population Annual Administrative Fee
Up to 30,000 $2,000
30,001 – 60,000 $3,000
60,001 – 100,000 $4,000

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100,001 – 175,000 $5,000

Th
e Administrative Fee and Affiliate Fee (collectively, “Fees”) shall be assessed annually. After the first fiscal year, the Fees shall increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for the Los Angeles-Long Beach-Anaheim area for the 12-month period preceding the year the Fees are assessed. Payment of the Fees shall be due within 30 days of receipt of an invoice from the SGVRHT. The invoice shall indicate how the Fees w ere calculated. A Party's contribution to SGVRHT's administrative costs shall be in the form of money, unless the Board of Directors approves another form of contribution such as services, personal property or use of real or personal property, or other in
- k
ind contributions. The acceptance and valuation of
any such non- monetary contributions may be used to offset in whole or part a Party’s contribution as determined in the sole and absolute discretion of the Board of Directors. If a Party has received funding through the County Measure H Program and allocates that funding to support the start-up and operations of the SGVRHT, the funding will be credited towards the Party’s first year Administrative Fee only. Notwithstanding the above, after the first fiscal year the Board of Directors may establish Fees in an amount the Board of Directors deems financially prudent; provided it shall roughly be proportional as to each Party in the amounts reflected in the table above.

2. Program Cost Contributions. In addition to a Party’s annual Administrative Fee set forth above, the level of, and mechanism for involvement by SGVRHT or a Party to any particular programs and program budget, funded, sponsored or operated by SGVRHT, shall be determined and approved by the Board of Directors.

d) Accounts and Reports.

1. B ooks and Records . There shall be strict accountability of all SGVRHT funds and accounts and report of all SGVRHT receipts and disbursements.

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Without limiting the generality of the foregoing, SGVRHT shall establish and maintain such funds and accounts as may be required by good government accounting practice. The books and records of SGVRHT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives.

2. Annual Audit. The person appointed by the Board of Directors to perform the auditor function for SGVRHT shall cause an annual independent audit of the accounts and records of SGVRHT and records to be made by a certified public accountant or firm of certified public acc ountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public.

3. Annual Financial Report . Pursuant to section 653 9.6 of the Government Code, SGVRHT shall publish an Annual Financial Report that shall describe the funds received by SGVRHT and the use of such funds by SGVRHT. The Annual Financial Report shall describe how the funds received by SGVRHT have furthered the purpose of SGVRHT.

e) Funds. Subject to the applicable provisions of any instrument or agreement which SGVRHT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse SGVRHT funds, the person appointed by the Board of Directors to perform the treasurer function for SGVRHT shall receive, have the custody of and disburse SGVRHT funds in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.

Section 8. Amendments.

Unless otherwise specifically provided herein, this Agreement may not be amended or modified except by writing and with approval of two-thirds of the governing bodies of all the Parties and no other amendment or modification shall be of any force and effect unless approved in accordance with this Agreement.

Section 9. Non-Liability for Obligations of SGVRHT.

1471730.1

The debts, l iabilities and obligations of SGVRHT shall not be considered the debts, liabilities or obligations of any Part y or its respective officers, agents, employees, representatives or volunteers.
a) Indemnification. The SGVRHT shall defend, indemnify and hold harmless each Party, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature (collectively, “Claims”) brought by a third party which arises out of or in connection with SGVRH T’s administration of this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of SGVRHT. The SGVRHT’s duty to defend and indemnify under this Section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part. The SGVRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event the SGVRHT’s financial obligations to indemnify, defend and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the SGVRHT (hereinafter “Unfunded Liability”), a Party or Parties may meet and confer with SGVHRT in good faith to negotiate alternative means or mechanisms by which SGVHRT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit or waive SGVHRT’s obligations of indemnity or defense to each Party as first set forth above in this Section. Nothing herein shall obligate any Party to indemnify or hold harmless SGVRHT for any Unfunded Liability.

b) Assignment. Each Party shall assign to the SGVRHT its rights, title, and interest to recover damages from any third party for Claims arising out of this Agreement, to the extent that the SGVRHT has met its obligations to defend and indemnify such Party pursuant to this Section.

1471730.1
c) Survival . SGVRHT’s duty to defend, indemnify and hold harmless shall survive and continue in full force and effect after withdrawal of any Party from this Agreement, including as to the withdrawing Party, or termination of this Agreement for any reason with respect to any Claims that occurred before the date of such withdrawal or termination.

Section 10. Admission and Withdrawal of Parties.
a) Admission of New Parties . It is recognized that additional eligible entities other than the Parties, may wish to join SGVRHT after the Effective Date. Such eligible entities may become a Party to this Agreement upon such terms and conditions as are established by this Agreement and the Board of Directors. As a condition precedent to becoming a Party more than six months after the Effective Date, an eligible entity may thereafter become a Party to this Agreement; provided that (1) this Agreement is adopted by its governing body and (2) the eligible entity pays, a late joining fee. The late joining fee shall be calculated by totaling the annual affiliate fee the eligible entity would have paid under this Agreement had it been an affiliate in all years prior to becoming a Party, minus any affiliate fees it actually paid during those years. Notwithstanding the foregoing, an eligible entity’s late joining fee shall not exceed two times the amount of the applicable annual administrative fee existing at the time it becomes a Party. Payment shall be due within 30 days of receipt of an invoice from SGVRHT.

b) Withdrawal from SGVRHT . A Party may withdraw from SGVRHT upon its governing board's adoption of a resolution stating its intent withdraw from SGVRHT. The withdrawal of any P arty, unless otherwise provided by the Board of Directors, shall be conditioned as follows:

1. The withdrawal shall be effective at the end of the SGVRHT fiscal year which is at least six months after the receipt by SGVRHT of a written notice of the Party’s intent to withdraw, accompanied by a copy of the governing board resolution stating its intent to withdraw; and

2. Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of the withdrawing Party's rights and

1471730.1
claims relating to distributi on of property and funds upon termination of SGVRHT as set forth in Section 2 above. Withdrawn members shall not be entitled to any reimbursement of Administrative Fees.

Section 11. Notices.

Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the persons and entities listed at the addresses set forth in the attached Exhibit “A” , or to such other address as may be designated to SGVRHT for formal notice.

Section 12. Miscellaneous.
a) Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent of the provisions or language of this Agreement. b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement.
c) Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California.
d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Parties intended to enter into in the first instance.
e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No party may assign any right or obligation hereunder without the written consent of a majority of the other Parties.

IN WITNESS THEREOF, the P arties hereto have caused this Agreement to be executed and attested by their duly authorized officers, as follows:

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Party:

By:

Supervisor/Mayor

Attest:

Clerk

1471730.1

EXHIBIT A
Parties to This Agreement and Their Addresses for Notice Pursuant to Section 11 of This Agreement Are as Follows:

City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007

City of Alhambra
111 S. First Street
Alhambra, CA 91801

City of Baldwin Park
14403 Pacific Avenue
Baldwin Park, CA 91706

City of Claremont
207 Harvard Avenue
Claremont, CA 91711

City of Duarte
1600 Huntington Drive
Duarte, CA 91010

City of Glendora
116 E. Foothill Boulevard
Glendora, CA 91741

City of La Verne
3660 D Street
La Verne, CA 91750

City of South El Monte
1415 S. Santa Anita Avenue
South El Monte, CA 91733

City Council Staff Report
DATE: July 5, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager & Director of Emergency Services Karl H. Berger, City Attorney
SUBJECT: GAP Notice of Completion; Termination of local emergency governing the GAP
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the notice of completion for the GAP;

2. Adopting a resolution terminating the local emergency governing the GAP; and

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

EXECUTIVE SUMMARY:

On December 21, 2022, the City Council adopted Resolution No. 2022-R101 that extended the GAP local emergency until March 1, 2023; that emergency was subsequently extended in a series of City Council actions until July 1, 2023. The GAP is now substantially complete and, consequently, a notice of completion was recorded.

BACKGROUND:

Pursuant to Resolution Nos. (collectively, the “Emergency Resolutions”) 12255 (adopted June 16, 2021); 2022-R22 (adopted April 20, 2022); 2022-R34 (adopted May 18, 2022); 2022-R63 (adopted August 1, 2022); 2022-R101 (adopted December 21, 2022); and by minute orders from March 1, 2023, April 5, 2023, and May 17, 2023, the City Manager and City Attorney exercised emergency powers to abate a public nuisance in accordance with the Settlement Agreement in the civil case captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (filed December 31, 2015) LASC Case No. BC605788. This is identified as the Goodviews Abatement Project (“GAP”).

On June 29, 2023, the P
ublic Works Director for the GAP completed a Notice of
Completion (“NOC”) in accordance with Resolution No. 11701, adopted November 5, 2014. While there remain minor “punch list” items for the GAP (e.g., completion of hydroseeding and reporting to regulatory agencies), the infrastructure may be used for Consent Calendar - 3A

Staff Report

July 5, 2023
the purpose it was intended, i.e., stabilization of the hillside to protect public health and safety. A copy of the NOC is attached.

Filing of the NOC and termination of the local emergency completes the construction phase of the GAP. While there are still outstanding change orders for the project, the final cost for construction will be less than $12M; this is in accord with the “not to exceed” amount set forth in Section 3 of Agreement No. 2280-A with C.A. Rasmussen, dated January 1, 2022 (see attached Exhibit 2).

FISCAL IMPACT:

There is no fiscal impact from receiving and filing the NOC or terminating the local emergency.

Respectfully Submitted by:
____________________________
Ron Bow
City Manager
Reviewed by:
____________________________
Karl H. Berger
City Attorney
ATTACHMENT:

1. Notice of Completion signed June 29, 2023;

2. Signature pages from Agreement No. 2280-A (first eight pages of 100+ page Agreement)

3. Draft Resolution

Staff Report
July 5, 2023
ATTACHMENT 1
Notice of Completion

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RECORDING REQUESTED BY:

CITY OF MONTEREY PARK
WHEN RECORDED MAIL TO:

NAME

MAILINGADDRESS
320 WEST NEWMARK AVENUE
CITY. STATE and ZIP CODE
MONTEREY PARK, CA 91754

MAYCHELLE YEE, CITY CLERK

CITY OF MONTEREY PARK
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
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NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
8015 rev 20171228

Recordinj Requ'ested by
and When Recorded MailTo
Gity Glerk, City Hall
320 W Newmark Avenue
Monterey Park, GA 91754

NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Hillside Stabilization Project
Project No. PW21-00424
Take notice pursuant to Civil Code S 3093, et seq. that The undersigned is an officer of the owner of the interest stated below in the property hereinafter described.

The full name of the owner is: City of Monterey Park
The full address of the owner is: 320 W. Newmark Ave, Monterey Park, CA 917564 The nature of the interest of the owner is: Hillside stabilization public works project A work of improvement on the property hereinafter described was field reviewed by the Public Works Director on June 29,2023. The work done was: remedial hillside grading, retaining wall construction consisting of reinforced concrete pile and lagging wallwith tieback anchors, storm drainage improvements and slope stability ground anchor installation at 1688 W. Garvey Avenue, Monterey Park, CA 91754.

The name of the Contractor for such work of improvement was: C.A. Rasmussen. lnc.

The property on which said work of improvement was completed is in the City of Monterey Park, County of Los Angeles, State of California, and is described as follows:
remedial hillside grading, retaining wall construction consisting of reinforced concrete pile and lagging wallwith tieback anchors, storm drainage improvements and slope stability ground anchor installation.

The street address of said property is: 1688 W. Garvey Avenue, Monterey Park, CA 91754
This Noticeof Completion is being recorded in accordancewith Resolution No. 11701 (adopted November 5,2014). City of Monterey Park
Shawn I
Public Works Director
1 2
3 4
5 6
7 8.

9. Dated: June29,2023

VERIFICATION
l, the undersigned, say: I am the Public Works Director for the City Monterey Park, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on June 29,2023, at Monterey Park, California. City of rey Park S lgoe
Public Works Director

Staff Report
July 5, 2023
ATTACHMENT 2
CAR Contract Pages

PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF MONTEREY PARK AND
C. A. RASMUSSEN, INC.

Agreement No. 2280-A
This CONTRACT is entered into this 1/12/2022, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation ("the City") and C. A.

Rasmussen, Inc., a California Corporation ("the Design Builder"). The Parties agrees as follows:

1. PROJECT.

A. This Agreement is entered in accordance with Public Contract Code§§ 22160, et seq. for design and construction of the Goodviews Hillside Stabilization project (the "Project''). City retains Design Builder to design and construct the Project.

B. City retains Design Builder to complete the Project in accordance with this Contract.

2. WORK.

A. Design Builder will provide all work required by the Contract Documents (the "Work"). Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to a change order issued in accordance with the General Conditions. The Work will be performed in Phases identified as follows:
i. Phase 1 - Design Development Documents.
ii. Phase 2 - Construction Documents.
iii. Phase 3 - Construction.

B. The Design Builder and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Design Builder will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Design Builder by the Contract Documents.

D. "Contract Documents" means this Agreement, General Conditions, Supplementary Conditions, Exhibits, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between City and Design Builder for the Work (the "Contract"). The Contract constitutes the complete agreement between City and Design Builder and supersedes any previous agreements or understandings.
1

3. CONTRACT SUM.

Subject to the provisions of the Contract Documents City will pay Design Builder, for the performance of the Work, not to exceed $12,000,000, the "Contract Sum." The Parties understand and agree that it will be reviewing all aspects of the Work to help mitigate costs through various methods collectively referenced as "value engineering." Consequently, the total amount paid to Design Builder is intended to be less than the Contract Sum authorized by the Contract Documents. It is unknown, however, what the total Contract Sum will be at the time of executing these Contract Documents.

4. TIME FOR PERFORMANCE.

A The Design Builder may not perform any Work until:
i. The Design Builder furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Design Builder a written, signed, and numbered purchase order and notice to proceed.

8. Should the Design Builder begin the Work before receiving written authorization to proceed, any such Work is at the Design Builder's own cost and risk.

5. CONTRACT TIME.

Design Builder will commence the Work on the date specified in the Notice to Proceed and fully complete the work within 205 Working Days. By signing this agreement, Design Builder represents to City that this Contract Time is reasonable for completion of the Work.

6. CHANGE ORDERS.

A Both parties understand that the Project is unique in timing, cost, and approach.

Accordingly, in addition to any changes requested by City, either Party may request Change Orders with respect to:
i. City-caused delays including delays caused by City contractors or consultants acting upon City's behalf.
ii. Increase in material cost; change in design necessitated for implementation of the Project (and approved by City); and increase in labor cost resulting from design changes in the Project as Work progresses;
iii. Deductions from the Work if, as determined by City, such deductions are desirable based upon the results of value engineering of the Work; iv. Change in Law; and
v. Force Majeure Events or other events beyond the reasonable control of the Design-Builder including private or public projects affecting Design Builder's 2

critical path as determined from the most recently critical path schedule submitted to City.

B. All changes in the Work authorized by applicable Change Order must be performed in accordance with the general requirements for the Work set forth in this Agreement.

7. DISPUTES.

Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code§§ 10240-10240.13.

8. THIRD PARTY CLAIMS.

In accordance with Public Contracts Code § 9201, the City will promptly inform the Design Builder regarding third-party claims against the Design Builder, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Design Builder agrees to indemnify and defend the City against any third-party claim to the extent such claim alleges negligent acts or omissions or other wrongful acts on the part of the Design Builder.

City agrees to defend and indemnify the Design Builder from any existing litigation involving the project site and any future litigation that may result from Design Builder's performance of the Work in accordance with the Contract Document that is distinct from Design Builder's negligence or willful actions regarding construction or design. For example, City will defend and indemnify any challenge to Design Builder's legal authority to enter onto the property to perform the Work, but such defense and indemnification does not extend to the actual Work performed by Design Builder. Additionally, to the extent required to implement the Work, City will obtain all intellectual property rights to utilize design documents previously prepared for completing the Work.

9. TAXPAYER IDENTIFICATION NUMBER.

The Design Builder will provide City with a Taxpayer Identification Number.

10.DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS.

Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to City:

A. Design Builder and all of its Design Professionals and subcontractors are properly certificated, licensed and qualified to perform the Work required by the Contract Documents.

B. Design Builder must provide through licensed design professionals employed or retained by Design Builder the necessary design services, including architectural, engineering and other design professional services, for the preparation of the 3

Construction Documents consistent with applicable law and good industry practices. The standard of care for all design services is the care and skill ordinarily used by members of the design profession experienced in the design of projects of similar complexity and scope as the Project, practicing under similar conditions at the same time and locality of the Project.

C. Design Builder accepts the relationship of trust and confidence with City established by the Contract Documents. Design Builder will cooperate with City.

D. Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which will be applicable including, without limitation: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed before and during the performance of Construction Work.

E. Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by City in the Exhibits.

F. Design Builder and its Design Professionals have carefully reviewed the following exhibits to the Design
Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, etc.); (2) the Performance Specifications; (3) Project Program; and (4) Schematic Drawings. Design Builder acknowledges that these Exhibits establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion.

G. Design Builder agrees that (1) the Exhibits depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum.

H. Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by City. Design Builder also agrees that time is of the essence for the performance of the Work. 4

I. Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate.

J. Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings.

K. Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the City in advance, may be considered defective.

L. Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to City; however, this provision in no way limits the liability of Design Builder. 11 . OWNERSHIP OF DOCUMENTS.

A. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Design Builder under the Contract Documents are the City's property. The Design Builder may retain copies of said documents and materials as desired but will deliver all original materials to the City upon the City's written notice.

B. If this Agreement is terminated before City exercises its Option for Phase 3, the Design Builder must execute an assignment to City of all contracts with Design Professionals for work to be performed on Phases 1 and 2.

12. INDEMNIFICATION.

The Design Builder agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Design Builder as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Design Builder pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

13. INOEPENDENT CONTRACTOR.

The City and the Design Builder agree that the Design Builder will act as an independent contractor and will have control of all work and the manner in which is it performed. The Design Builder will be free to contract for similar service to be performed for other employers while under contract with the City. The Design Builder is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides 5

for its employees. Any provision in this Contract that may appear to give the City the right to direct the Design Builder as to the details of doing the work or to exercise a measure of control over the work means that the Design Builder will follow the direction of the City as to end results of the work only.

14. AUDIT OF RECORDS.

The Design Builder will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Design Builder will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.

15. NOTICES.

All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

The City
Ron Bow
City Manager
320 W. Newmark Ave.

Monterey Park, CA
The Design Builder
Lisa Punches
Controller
28548 Livingston A venue
Valencia, CA 91355
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

16.NO THIRD PARTY BENEFICIARY.

This Contract and every provision herein is for the exclusive benefit of the Design Builder and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Design Builder's or the City's obligations under this Contract.

17. INTERPRETATION.

This Contract 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 Contract will be in Los Angeles County.

18.EFFECT OF CONFLICT.

In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
6

A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.

19.SEVERABILITY.

If any portion of the Contract Documents are 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 Contract 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 Contract and to engage in the actions described herein.

This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf.

21.ACCEPTANCE OF ELECTRONIC SIGNATURES.

The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract 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. COVENANTS AND CONDITIONS.

The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

23. CAPTIONS.

The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.

24. TIME IS OF ESSENCE.

Time is of the essence for each and every provision of the Contract Documents. 7

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

Vincent Chang,
City Clerk
8

Staff Report
July 5, 2023
ATTACHMENT 3
Draft Resolution

RESOLUTION NO. 20__-___

A RESOLUTION ADOPTED BY THE CITY COUNCIL TERMINATING THE 2021 GOODVIEWS ABATEMENT PROJECT LOCAL EMERGENCY.

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

SECTION 1: The City Council finds as follows:

A. Pursuant to Resolution Nos. (collectively, the “Emergency Resolutions”) 12255 (adopted June 16, 2021); 2022-R22 (adopted April 20, 2022); 2022-R34 (adopted May 18, 2022); 2022-R63 (adopted August 1, 2022); 2022-R101 (adopted December 21, 2022); and by minute orders from March 1, 2023, April 5, 2023, and May 17, 2023, the City Manager and City Attorney exercised emergency powers to abate a public nuisance in accordance with the Settlement Agreement in the civil case captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (filed December 31, 2015) LASC Case No. BC605788.

B. The public nuisance abatement project is identified as the Goodviews Abatement Project (“GAP”).

C. On June 30, 2023, the Acting Public Works Director for the GAP executed a notice of completion (“NOC”). This marks the end of the construction phase of the GAP. While minor work is still necessary, those tasks are anticipated to be done by July 7, 2023; the infrastructure needed to protect public health and safety is complete; and

D. The circumstances necessitating the declaration of an emergency no longer exist and the local emergency is terminated, effective immediately.

SECTION 2: Ratification. The City Council received regular reports regarding the GAP and is fully informed regarding all actions undertaken by the City Manager and City Attorney to protect public health and safety. Accordingly, the City Council ratifies and reaffirms the exercise of emergency powers undertaken by both officials since 2021 to protect public health and safety.

SECTION 3: Termination of Local Emergency; Ongoing Authorization. The GAP local emergency is terminated. Notwithstanding such termination, the City Manager and City Attorney are directed and authorized to continue all actions necessary to recover monies owed to the City for all matters related to the GAP including, without limitation, nuisance abatement construction; third-party consultant costs; legal costs; and trustee costs.

SECTION 3: 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 4: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

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

PASSED AND ADOPTED this 5th day of July, 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: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: Adoption of a Resolution of the City Council of the City of Monterey Park, California Adjusting the Salaries and Benefits for Executive Management RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting the attached resolution adjusting the salaries and benefits for the Executive Management Employees;

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

EXECUTIVE SUMMARY:

If adopted, the draft resolution would establish adjusting the salaries and benefits for the eight unrepresented executive management employees.

BACKGROUND:

The attached resolution represents a salary range adjustment, current salary rate adjustment and adjustment of benefits for EMT employees that are similar to those changes provided to all other employees of the City. The last salary and benefit adjustments for EMT employees are reflected in Resolution No. 12236. The following is a summary of the most substantial salary and benefit changes included in the resolution:
• Base Salary Range Adjustment: EMT salary ranges will be adjusted 11.8% and EMT classifications will be moved into one range. The range set forth in attached Exhibit “A,” which is incorporated by reference (the “Base Salary”). • Salary Adjustment: In order to move the EMT classifications into one range, EMT members’ current base salary will be increased by 9% to be effective the first full pay period following Council’s approval of resolution and no additional salary or cost of living adjustments for FY 24-25.
• Medical Insurance: City contribution towards the cost of medical insurance will increase up to $1,995/per month effective the first pay period that includes December 2023 for benefits beginning in January 2024.

Consent Calendar - 3B

Staff Report

July 5, 2023

• Vacation Accrual Cap: Increase in vacation accrual to the maximum accrual of 550 hours.

FISCAL IMPACT:

The total cost of this Resolution is estimated at a total of $155,048 for Fiscal Year 2023- 2024 and $0 for Fiscal Year 2024-2025. Funding is allocated among various funds.

Prepared and Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENT(S):

1. Resolution

Staff Report
July 5, 2023

ATTACHMENT 1
Resolution

RESOLUTION NO.

A RESOLUTION FIXING THE SALARY RATES AND BENEFITS FOR
EXECUTIVE MANAGEMENT EMPLOYEES.

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

SECTION 1: Executive Management Team. The City’s executive management team (collectively, the “EMT”) are not represented by a bargaining unit and consist of unrepresented employees set forth below:

Assistant City Manager
City Librarian
Director of Community and Economic Development
Director of Finance
Director of Human Resources & Risk Management
Director of Public Works
Director of Recreation & Community Services
Fire Chief
Police Chief

SECTION 2: Salary Range. EMT salaries will be in the range set forth in attached Exhibit “A,” which is incorporated by reference (the “Base Salary”).

SECTION 3: Salary Increase . The Base Salary for each current EMT employee governed by this Resolution will be increased by nine percent upon the effective date of this Resolution to reflect a salary adjustment.

SECTION 4: Merit Pay Salary Advancement. Separate from Section 3, EMT employees may also earn a salary advancement based upon their performance. Such a salary adjustment may be granted and calculated as follows:

A. A salary advancement will be based upon the EMT employee’s overall performance rating as demonstrated in the employee’s most recent Performance Review issued by the City Manager. An EMT employee is eligible for salary advancement every 12 months, based on the anniversary date of their appointment to the EMT or at least 12 months after their last salary advancement (if any).

B. Salary advancement is granted solely within the City Manager’s discretion based upon the City Manager’s determination of performance.

Except for exceptional performance, salary advancement cannot exceed a total of five percent of an EMT employee’s Base Salary (“Performance Percentage”).

C. In rare instances, and for exceptional performance, the City Manager

Resolution No.

2 may, in his or her sole discretion, also authorize up to two percent additional salary advancement (“Merit Percentage”).

D. The City Manager may use the Performance Percentage, the Merit Percentage, or a combination of the Performance Percentage and Merit Percentage (collectively, the Merit Pay Salary Adjustment”) to increase an EMT employee’s Base Salary to the top of their salary range. Under no circumstances may an EMT employee’s Base Salary exceed the top step of their salary range in Exhibit A.

E. If the sum of the Merit Pay Salary Advancement granted by the City Manager causes an EMT employee’s Base Salary to exceed the top step in Exhibit A, then the excess will be paid to the EMT employee in a lump sum.

F. Any Merit Pay Salary Advancement granted by the City Manager will be calculated using the EMT employee’s Base Salary at the time of the Performance Review and before any adjustment for a COLA.

SECTION 5: Fair Labor Standards Act (“FLSA”). Unless otherwise provided by federal law, EMT employees are designated as exempt from the provisions of the FLSA and are ineligible for overtime compensation.

SECTION 6: Public Employees’ Retirement System. City is a contract member o f the California Public Employees ’ Retirement System (CalPERS). Under this contract, all EMT employees, except the Police Chief and Fire Chief, are classified as “miscellaneous members” (as are all other non-sworn employees). The Police Chief is classified as local police and receives the same benefits as the sworn regular police, and the Fire Chief is classified as local fire and receives the same benefits as the sworn regular fire. The contract for EMT employees who are CalPERS members includes the following options:

A. Beginning January 1, 2013, a 2% @ 62-Full formula – applies to new members to CalPERS or an individual with a 6-month break in service (Government Code 7522.20).

B. 2.7% @ 55-Full formula for Classic CalPERS members and with prior CalPERS service credit with no service break greater than 6 months (Government Code 21354.5).

C. Beginning January 1, 2023, a 2.7% @ 57-Full formula applies to New Members to CalPERS or an individual with a 6-month break in service for local police and fire members only (Police Chief & Fire Chief) (Government Code 57522.25(d)).

D. 3% @ 55-Full formula for Classic CalPERS members and with prior

Resolution No.

3 CalPERS service credit with no service break greater than 6 months (Government Code 21363.1) for local police and fire members only (Police Chief & Fire Chief).

E. 1959 Survivor Benefit at funding Level 14 (Government Code 21574).

F. One Year Final Compensation (Government Code 20042).

G. Military Service Credit as Public Service (Government Code 21024).

H. Credit for Unused Sick Leave (Government Code 20965).

SECTION 7: CalPERS Retirement Contribution. EMT employees will pay 100% of the employee’s portion of CalPERS retirement contribution.

SECTION 8: Medical. The City participates in the CalP ERS medical insurance program pursuant to the Public Employees’ Medi cal and Hospital Care Act (“PEMHCA”) to provide medical i nsurance benefits to EMT employees and retirees who qualify for PEM HCA be nefits (“Annuitant”). City will make contributions to CalPERS equal to the PEMHCA minimum contribution (which is $ 151 per month for 2023 and which is subject to change by Cal PERS annually) for EMT employees and Annuitants that enroll in a CalPE RS medical insurance plan. City also maintains an IRC Section 1 25 cafeteria plan. The City contributes up to the difference between $1,475 per month and the PEMHCA minimum contribution into the cafeteria plan to be used for medical insurance for EMT employees enrolled in a CalPERS medical Plan.

Effective the first full pay period after December 1, 2023, City will contribute up to the difference between $1,995 per month and the PEMHCA minimum contribution into the cafeteria plan to be used for me dical insurance only for EMT emplo yees enrolled in a CalPERS medical plan.

SECTION 9: Retiree Medical Benefits. To the extent this Resolution governs EMT Annuitants who were employees before the effective date of this Resolution, the City Council intends that this Resolution be retroactively effective. This Resolution is of general application to EMT Annuitants who retired before its effective date. The benefits provid ed to individual EMT Annuitants may be affected by separate instruments including, without limitation, separation agreements. In the event of any conflict b etween such agreements and this Resolution, the separate instrument will govern the benefits provided to such EMT Annuitants.

A. All EMT Annuitants who enroll in a CalPERS medical plan in retirement are eligible for a City paid contribution toward retiree medical benefits limited to the PEMHCA minimum contribution described above for EMT employees.

B. Except as otherwise provided by separate instrument, EMT Annuitants who were City employees before January 1, 2016 who retired from City

Resolution No.

4 service before January 1, 2016, or after (if they were employed by the City continuously without a break in service from January 1, 2016 until separation) will receive a City monthly contribution to a Health Reimbursement Account (“HRA”) equal to the difference between the PEMHCA minimum contribution and the maximum medical contribution available to them as an EMT employee at the time of separation.

C. EMT Annuitants who were City employees before January 1, 2016 and who retire after this Resolution becomes effective will receive a City monthly contribution to a HRA equial to the difference between the PEMHCA minimum and $1,375 per month. No participating Annuitants may receive cash if their chosen medical insurance benefit is less than the City’s maximum monthly contribution to the HRA.

D. EMT Annuitants who were City employees after January 1, 2016 who retire from City service after this Resolution becomes effective will receive a City monthly contribution to a HRA commensurate with the management employee associations most closely affiliated with their EMT position. Accordingly, the contribution for the Police Chief is the same as provided to members of the Police Captain’s Association; for the Fire Chief the contribution is the same as provided to members of the Professional Chief Officer’s Association; and for all other EMT employees the contribution is the same as provided to members of the Monterey Park Mid-Manager’s Association.

E. EMT Annuitants who were City employees after January 1, 2016 who retire from City service after this Resolution becomes effective, may, but are not entitled to, receive credit for time worked at previous public agencies towards the years of service calculation for retiree medical benefits. The amount of time that is eligible for credit towards this benefit must be approved by the City Manager in his or her sole discretion.

F. Medical insurance coverage chosen by an EMT Annuitant exceeding the City’s PEMHCA contribution will be withheld by CalPERS from the EMT Annuitant’s retirement benefit. To the extent that the Annuitant is entitled to a contribution above the PEMHCA minimum to the HRA, that HRA contribution can be directed by the Annuitant to be deposited by the HRA into the EMT Annuitant’s bank account.

SECTION 10: Opt Out and Cash in Lieu. All EMT employees must enroll in an available City health p rogram unless they opt out in accordance with this Resolut ion.

An EMT employee may rece ive cash in lieu for opting out of City's health insurance program if the employee provides proof that the EMT employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that b egin or end in or wi th City's plan year to which the opt out applies ("tax family"), h ave or will have minimum essential coverage through another source

Resolution No.

5 (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period") . The EMT employee must sign an attestation, under penalty of perjury, each plan year that the EMT employee seeks to opt out or within 30 days after th e start of th e plan year. The opt -o
ut payment cannot be made, and City will not make
payment, if the City knows or has reason to know that the employee or tax family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. EMT e mployees who opt out of the City sponsored medical plan and comply with the attestation requirement will receive $ 500 as taxable cash each month. This amount is not to be consid ered as pensionable compensation for the purposes of CalPERS . All EMT employees agree to the necessary deductions from their pay for any of their chosen cafeteria plan benefits that exceed the maximums stated above. In addition, EMT employees are not eligible to receive taxable cash to the extent their chosen cafeteria plan benefits are less than maximums stated above.

S
ECTION 11: Additional Benefits. Additional benefits available through the cafeteria plan for EMT employees include:

A. All EMT employees will receive $130 per month City paid contribution towards dental insurance.

B. All EMT employees will receive $30 per month City paid contribution towards vision insurance.

C. All EMT employees will be provided $150,000 term life insurance policy.

SECTION 12: Deferred Compensation. Effective the first day of the pay period following the effective date of this Resolution , EMT is eligible for up to $200/per pay period matching deferred compensation contribution. Effective the first day of the pay period that includes July 1, 2023, City contribution match will be up to $250/ per pay period.

SECTION 13: Education and Longevity Incentive. EMT employees will re ceive education and longevity pay in the amount commensurate with their respec tive management employee associations . For purposes of this Section, incentives for the Police Chief is the same provided to the Police Captain’s Association; incentives for the Fire Chief is the same provided to the Professional Chief Officers Association; and for all other EMT e mployees is the same provided to the Mont erey Park Mid - Management Association. T his is special compe nsation and is reported as such to CalPERS, to the extent legally permissible, pursuant to 2 C al. Code of R egs. § 571(a)(1), Longevity Pay; and 2 Cal. Code Regs. § 571(a)(2), Educational Incentive Pay.

SECTION 14: Long Term Disability . All EMT employees will continue to receive City paid long-term disability insurance.

Resolution No.

6 SECTION 15: Car Allowance . T he Assistant City Manager, P olice Chief, Fire Chief, and Director of Public Works may use a City vehicle for business use.

SECTION 16: Sick Leave. EMT employees will receive paid s ick leave if continuously employed by City for more than 30 days. Sick leave is calculated at the rate of 7.333 hours for each full calendar m onth of continuous emplo yment with C ity (88 hours annually). The maximum sick leave accrual is 800 hours.

SECTION 17: Catastrophic Leave. EMT employees are enrolled in the catastrophic leave program as described in Administrative Policy No. 30 -10 “Catastrophic Leave Program ”. City will annuall y contribute 8 hours of sick leave on behalf of each EMT employee to the program that may be used b y any City employee in accordance with the Catastrophic Leave Program, as amended.

SECTION 18: Administrative Leave. EMT employees will receive 80 hours of administrative leave each fiscal year. Any hours remaining from a previous fiscal year mush be completely used not later than December 31 st of each calendar year.

Consequently, not more than 80 hours of administrative leave is available to an EMT employee between January 1 st and June 30th each year. Administrative leave hours have no cash-out value.

SECTION 19: Holiday Leave. EMT employees receive the same Holiday accrual and benefits provided to the Monterey Park Mid-Management Association.

SECTION 20: Vacation. EMT employees will receive vacation accrual and benefits in the amount commensurate with thei r respec tive management employee associations. For purposes of this Section, accrual and use of vacation fo r the Police Chief is the same provided to the Police Captain’s Association; a ccrual and use of vacation for the Fire Chief is t he same provided to the Professional C hief Office rs Association; and for all other EMT employees accrual and use of vacation is the same provided to the Monterey Park Mid-Management Association. The maximum vacation accrual is 550 hours. For EMT employees hired on or after the effective date of this Resolution, the City Manager , in his/her sole discretion, may (but is not required to) provide credit for prior years of service an EMT employee earn ed with h is/her prior employment with a public agency to calculate that EMT employee’s monthly vacation accrual rate.

SECTION 21: Leave Cash- Out. Annually, EMT employees may cash out vacation, holiday and sic k leave in the same amounts as other management employees. Upon separation, retirement or death of an EMT employee , the City will cash-out the unused balance of accrued si ck leave to the employee or designated beneficiary in the same amounts as other management employees.

SECTION 22: Uniform Allowance. The Police Chief will receive uniform allowance pay as provided to the Police Captain ’s Association and the Fire Chief will

Resolution No.

7 receive uniform allowance pay as provided to the Chief Officer ’s Association. For “classic” members of the CalPER S system, the uniform allowance is special compensation and is reported as such to CalPERS, to the extent legally permissible, pursuant to 2 Cal. Code Regs. § 571(a)(5).

SECTION 23: Other. EMT employees will receive other general benefits such as family sick leave, bereavement leave, emergency leave, employee assistance program, leave of absences, military leave, tuition reimbursement and jury duty in the same ma nner provided to employees in t he Monter ey Park Mid -Management Association.

SECTION 24: Termination and Severance. Executives are at -will employees as described in Labor Code § 2 922. Accordingly, the City Manager may terminate any EMT employee with or without cause. If a n EMT employee is terminat ed from employment without cause, the City Manager may, in his or her sole discretion and without obligat ion, provide up to three months of severance pay . The City M anager does not have authority to provide severance pay to EMT em ployees who are terminated, or resign in lieu of termination, for cause.

SECTION 25: This Resolution may be executed with electronic signatures in accordance with Government Code of t he State of California §16.5. Such electronic signatures will be treated in all res pects as having the same e ffect as an original signature.

SECTION 26: The City Clerk is directed to certify the adoption of this Resolution.

This Resolution supersedes all previous resolutions regarding the same subject - matter.

SECTION 27: This Resolution will become effective immediately upon adoption.

PASSED AND ADOPTED this 5th day of July 2023.

Jose Sanchez, Mayor
ATTEST:

Maychelle Yee, City Clerk

APPROVED AS TO FORM:

___________________________
Karl H. Berger, City Attorney

Exhibit A
Executive Management Salary Schedule
Job Classification
Low High
Assistant City Manager $154,932 $245,640
City Librarian
Director of Community & Economic Development
Director of Finance
Director of Human Resources & Risk Management
Director of Recreation & Community Services
Director of Public Works
Fire Chief
Police Chief
Effective July 8, 2023

City Council Staff Report
+
DATE
: July 5, 2023
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management
SUBJECT: Resolution approving the Memorandum of Understanding between the City and the Monterey Park Police Officers’ Association for the term of July 1, 2023 to June 30, 2025
RECO
MMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Police Officers’ Association (“MPPOA”). The MPPOA represents the police corporals and police officers in the Monterey Park Police Department;

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

EXECU
TIVE SUMMARY:

Repr
esentatives of the City of Monterey Park (“City”) and MPPOA met and conferred to negotiate the terms and conditions of a new Memorandum of Understanding (“MOU”) regarding employment. The parties reached an agreement on an MOU effective July 1, 2023 to June 30, 2025.

BACKGRO
UND:

MPPO
A’s current MOU term is valid from July 1, 2022 to June 30, 2023. On June 16, 2023 MPPOA’s representatives agreed to the following terms and conditions:
• Two-y
ear agreement – July 1, 2023 to June 30, 2025
• Equity adjustment in base salary – 3.3% effective the first full pay period starting after July 1, 2023.
• Base salary increase – 3% cost of living adjustment to base salary effective the first full pay period starting after July 1, 2023 and 4% cost of living adjustment to base salary effective the first full pay period starting after July 1, 2024. • Article 11 Accrual Cash-Out – increase cash out of vacation and/or holiday leave up to an additional 60 hours.

Consent Calendar - 3C

Staff Report

July 5, 2023

• Article 20 Uniform Allowance – increase to $1,000 per year. • Article 21 Health Insurance – E. Cafeteria Plan increase effective the first full pay period after December 1, 2023 to $1,475 per month.
• Article 28 Salary and Wages – modify longevity language to include years of service as a non-sworn employee with the City.
• MOU language modification

FISCAL IMPACT:

The total cost of the MOU is estimated at a total of $350,229 for Fiscal Year 2023-2024 and the estimated amount of $228,872 for Fiscal Year 2024-2025 will be budgeted appropriately. This amount will be paid by the City’s General Fund.

Respectfully submitted by: Review by:

Christine Tomikawa
Director of Human Resources
and Risk Management

Martha Garcia
Director of Finance

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

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

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

3. MOU Resolution

Staff Report
July 5, 2023

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

MO110\188\12072086.v4

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION

07/01/20232 – 06/30/20253

MO110\188\12072086.v4

TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK, CALIFORNIA
and

THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION
- ONETWO_YEAR AGREEMENT 07/01/20232– 06/30/20253

PREAMBLE 3
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING ....................................................... 3 ARTICLE 2 - RECOGNITION....................................................................................................................... 3 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS ............................................................................ 3 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ................................................. 4 ARTICLE 5 - COMMUNICATIONS ............................................................................................................. 5 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS ..................... 5 ARTICLE 7 - GRIEVANCE PROCEDURE ................................................................................................ 65 ARTICLE 8 - OVERTIME ....................................................................................................................... 1111 ARTICLE 9 - VACATION ........................................................................................................................... 16 ARTICLE 10 - HOLIDAY ........................................................................................................................ 1817 ARTICLE 11 - ACCRUAL CASH-OUT .................................................................................................. 1919 ARTICLE 12 - SICK LEAVE ....................................................................................................................... 20 ARTICLE 13 - BEREAVEMENT LEAVE .............................................................................................. 2322 ARTICLE 14 - MILITARY LEAVE ............................................................................................................ 23 ARTICLE 15 - JURY DUTY LEAVE .......................................................................................................... 23 ARTICLE 16 - LEAVE OF ABSENCE WITHOUT PAY ....................................................................... 2423 ARTICLE 17 - FMLA/CFRA COMPLIANCE ........................................................................................ 2625 ARTICLE 18 - INDUSTRIAL INJURY AND ILLNESS LEAVE .......................................................... 2625 ARTICLE 19 - MODIFIED DUTY .......................................................................................................... 2625 ARTICLE 20 - UNIFORM ALLOWANCE ............................................................................................. 2827 ARTICLE 21 - HEALTH INSURANCE .................................................................................................. 2928 ARTICLE 22 – RETIREE HEALTHCARE TRUST ................................................................................ 3130 ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT ........ 3130 ARTICLE 24 - LIFE INSURANCE PLANS ............................................................................................ 3130 ARTICLE 25 - EDUCATIONAL INCENTIVE PAY .............................................................................. 3130 ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ................................... 3231 ARTICLE 27 - BILINGUAL PAY ........................................................................................................... 3332 ARTICLE 28 - SALARIES AND WAGES .............................................................................................. 3332 ARTICLE 29 - SENIORITY ..................................................................................................................... 3433

MO110\188\12072086.v4
ARTICLE 30 - RETIREMENT................................................................................................................. 3533 ARTICLE 31 - MEDICAL EXAMINATION .......................................................................................... 3634 ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN ................................... 3635 ARTICLE 33 - EMPLOYEE SAFETY COMMITTEE ............................................................................ 3736 ARTICLE 34 – DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL ASSIGNMENT PAY .. 3836 ARTICLE 35 – PROBATIONARY PERIOD ........................................................................................... 4442 ARTICLE 36 - PERFORMANCE EVALUATIONS ............................................................................... 4442 ARTICLE 37 - WRITTEN NOTICES TO POA ....................................................................................... 4443 ARTICLE 38 - GENERAL PROVISIONS ............................................................................................... 4543 ARTICLE 39 - SUBSTANCE ABUSE POLICY ..................................................................................... 4544 ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING ................................................. 4644 ARTICLE 41 - CITY COUNCIL APPROVAL ........................................................................................ 4644 ADDENDUM A ........................................................................................................................................ 4846

3 MO110\188\12072086.v4

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and
THE MONTEREY PARK POLICE OFFICERS’ ASSOCIATION
ONE TWO YEAR AGREEMENT 7/1/232-6/30/253

PREAMBLE

This Memorandum of Understanding (MOU) has been prepared in accordance with the California Government Code (Section 3500 et seq.). The City of Monterey Park, California, hereinafter referred to as the "City", and the Monterey Park Police Officers Association, hereinafter referred to as the "POA," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith. Unless specifically provided herein, changes in wages, hours and terms and conditions of employment shall be prospectively effective on and after City Council adoption of this MOU.

ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING

It is the intent and purpose of this MOU to assure sound and mutually beneficial working and economic relations between the parties, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth the basic and full agreement between the parties concerning wages, hours of employment, and other conditions of employment.

ARTICLE 2 - RECOGNITION

A. The City acknowledges the POA as the representative for certain employees in the Police Department of the City of Monterey Park, California, for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.

B. This MOU shall cover all employees working in the classification of Police Corporal and Police Officer.

C. This Memorandum does not preclude employees in such employment classifications from representing themselves individually in their employment relations with the City.

ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS

A. To ensure that the City is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the terms of this MOU, but shall be within the exclusive discretion of the City: to select and determine the number and types of employees required; to assign work to employees in accordance with the City; to establish and change work schedules and assignments; to hire, transfer and to promote or to lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline or discharge for just cause; to expand or diminish services; to subcontract any work or operations; to

4 MO110\188\12072086.v4
determine and change at its sole discretion, the number of locations, relocations and types of operations and the processes and materials to be employed.

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

ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES

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

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

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

2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work schedules or work performance.

C. The City will deduct dues and initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization card.

D. Deductions as are authorized in writing by the employee shall be deducted from earned wages or salaries on each payday. The City shall forward to the POA all dues and/or initiation fees deducted from the employees for any month, the first of the succeeding month.

E. The POA shall indemnify, defend and hold the City harmless against claims and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the sections regarding dues deduction.

F. The POA representatives, while on City property, shall abide by the City's safety rules and regulations.

G. The Employee Representatives will include at least one employee member. Employee Representatives shall be provided reasonable release time, without loss of salary or benefits, for purposes of collective bargaining and/or processing of employee grievances. In addition, Association representatives may be granted reasonable release time to attend Association sponsored training programs, seminars, and conferences, subject to prior City approval. Such requests will not be unreasonably denied.

5 MO110\188\12072086.v4
H. A written list of the Officers of the POA and the Employee Representatives shall be furnished to the City immediately after their designation, and the POA shall notify the City promptly in writing of any changes of such Officers or Representatives.

ARTICLE 5 - COMMUNICATIONS

Space shall be provided on City bulletin boards and use of City email may be made available for the posting/distribution of the following notices of immediate concern to the employee group members:

1. POA recreational and social activities.

2. POA election notices and results.

3. POA meetings and events.

4. Such other notices as may be mutually agreed upon by the POA and the Police Chief or designee.

5. All notices and materials regarding the business of the POA.

Use of the City email system does not provide privacy regarding the communications sent/received.

The City reserves the right to review any communications sent using its email system. POA communications sent via email may be subject to disclosure pursuant to the Public Records Act.

ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND

OPERATIONS

A. The POA hereby agrees that during the term of this MOU, POA represented employees and the officers and/or corporals of the POA shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, or any other intentional interference of work of the City. However, information pickets, following an impasse in the Meet and Confer process, are excluded from this Article and are therefore allowed as long as the picketing is not violent, does not block ingress or egress and/or does not interfere with the public health, safety or order.

B. In the event any employee, or employees, participate in any of the prohibited activities stated above, the POA shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct the employee or employees, to return to their normal work assignment and duties.

C. The employee, or employees, participating in the activities prohibited above shall be subject to disciplinary action by the City, including suspension or discharge in accordance with the City's Personnel Rules and Regulations.

6 MO110\188\12072086.v4
ARTICLE 7 - GRIEVANCE PROCEDURE

A. DEFINITIONS

1. A "grievance" is a formal written or oral allegation by a member of the POA on behalf of specified unit members who have been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding, the City's Personnel Rules, written Department Rules, Regulations, policies and procedures or an appeal of a disciplinary action decision by the City Manager.

2. A "disciplinary grievance" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations. A "disciplinary grievance" shall be filed after the written receipt of the City Manager's decision, and shall constitute the sole and exclusive process of appeal. Such appeals shall be processed at Level IV, Administrative Hearing.

3. A "grievant" is any unit member or the POA on behalf of specified unit members adversely affected by an alleged violation within the scope of the grievance procedure as defined above.

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

B. GENERAL PROVISIONS

1. If an employee is receiving direction from his/her supervisor but believes the direction forms the basis for a viable grievance, the employee must still comply with the direction. If that grievance is ultimately sustained only then may the employee not comply with that directive.

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

3. Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or the POA.

Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement. Failure by the City to meet established deadlines shall entitle but not obligate the grievant to appeal to the next step of the procedure.

4. Every effort will be made to schedule meetings for the processing of grievances during the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party

7 MO110\188\12072086.v4
to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.

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

6. This grievance procedure shall be the sole and exclusive procedure for processing objections or challenges to disciplinary actions as defined in the Personnel Rules and Regulations and shall satisfy all administrative appeal rights and protection.

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

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

1. Level I - Informal Resolution: Any unit member or the POA who believes he/she has a grievance shall present the grievance orally to the immediate supervisor within fifteen (15) workdays after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The immediate supervisor shall hold discussions and attempt to resolve the matter within fifteen (15) workdays after the presentation of the grievance. It is the intent of this informal procedure that at least one personal conference be held between the aggrieved employee, their representative and the immediate supervisor.

2. Level II - Formal Written Grievance

a. If the grievance is not resolved during the informal conference and the grievant wishes to continue the grievance process, the grievant shall present the grievance in writing on the appropriate form to the Police Chief within ten (10) days after the oral decision by the immediate supervisor.

The written information shall include: (a) a description of the specific grounds of the grievance; (b) a listing of the provisions of this agreement, personnel rules, regulations or procedures alleged to have been violated; and (c) a listing of specific actions requested of the City which will remedy the grievance.

8 MO110\188\12072086.v4

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

c. Within the above time limits the parties may request a personal conference.

3. Level III - Appeal to the City Manager

a. If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision at Level II, appeal the decision to the City Manager. This statement shall include a copy of the original grievance and appeal, and a clear, concise statement of the reasons for the appeal.

b. The City Manager shall communicate the decision, in writing, to the grievant within ten (10) days. If the City Manager does not respond within the time limits provided, the grievant may appeal to the next level.

4. Level IV - Administrative Hearing

a. If the grievant is not satisfied with the decision at Level III, or if an employee or the POA wishes to appeal the disciplinary decision of the City Manager, the grievant/employee may, within ten (10) days of the receipt of the decision, for an administrative hearing of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the POA shall inform the City, in writing, of its request to have an administrative hearing.

The POA and the City shall attempt to agree upon a hearing officer.

If no agreement can be reached, they shall request that the City supply a list of seven (7) names of persons experienced in hearing grievances in cities from a panel mutually selected by the POA and the City. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the Hearing Officer. The order of the striking names shall be determined by coin toss.

b. If either the City or the Association so requests, the Hearing Officer shall be requested to hear the merits of any issues raised regarding grievability.

No hearing on the merits of the grievance will be conducted until the issue of grievability has been decided. The same Hearing Officer shall decide the issue of grievability, and if grievable, then the merits of the dispute.

c. The Hearing Officer shall, within thirty (30) days unless both parties agree otherwise, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the Hearing Officer shall determine the issues by referring to the written grievance and the answers thereto at each step.

9 MO110\188\12072086.v4
d. The Hearing Officer shall hold a hearing on the issue submitted or as determined by the Hearing Officer if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the hearing proceedings shall be governed by California Code of Civil Procedure section 1280 et. seq. The Hearing Officer's decision shall be the final administrative action not subject to further administrative review. The Hearing Officer's decision is reviewable under California Code of Civil Procedure 1094.5.

e. The City and the POA agree that the jurisdiction and authority of the Hearing Officer so selected and the opinions the Hearing Officer expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The Hearing Officer shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this MOU or the written ordinances, resolutions, rules, regulations and procedures of the City or the Department, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The Hearing Officer shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.

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

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

h. The fees and expenses of the Hearing Officer shall be shared equally by the City and POA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire hearing. The cost of the services of such court reporter shall be shared equally by the parties.

i. By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/administrative hearing procedure. The processing of a grievance beyond level III shall constitute an express election on the part of the grievant that the grievance/administrative hearing procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to

10 MO110\188\12072086.v4
preclude the filing of a writ of administrative mandamus to challenge a decision issued on a grievance.

j. With regard to discipline-related hearings governed by this Section (C)(4), where the discipline subject to appeal consists of a minimum of 8.1 hours and a maximum of 24 hours, the following limitation shall apply to the amount of time available to each party to the hearing for a presentation of any individual party’s case. For purposes of time-limit computation only, the Association and any one (1) employee, as well as any other entity that may properly be appearing on behalf of or with an interest similar to the Association or employee, shall be jointly deemed to be the same one party for computing the time limitation on presentations. Accordingly, the time limitation shall not be multiplied by the number of individuals or entities appearing, on behalf of, or with an interest similar to, the individual employee who has been disciplined.

Each party to the Article 7 administrative appeal shall be limited to a maximum of twelve (12) hours of presentation time during conduct of an administrative appeal pursuant to MOU Article 7(C)(4) Level IV Administrative Hearing.

“Presentation Time” against which shall be charged the twelve (12) hour presentation time limitation, shall include oral opening statement and oral closing argument, direct/redirect examination of witnesses, rebuttal and sur- rebuttal witness testimony, demonstrations, and site inspections (excluding travel time to and from the site). Cross examination shall not be counted as part of the “Presentation Time.”

The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the twelve (12) hour limitation, the hearing officer shall have no authority to extend said limitation.

5. Disciplinary Proceedings (one day suspension): For purposes of this section alone, a one (1) day suspension shall be equivalent to eight (8) hours of salary, regardless of the actual hours worked in a shift. Suspensions of one (1) day shall be excluded from the arbitration appeal process. Upon receipt from the Chief of Police or his designee of a notice of intended penalty of one (1) day or less, the employee shall have ten (10) business days (Monday - Friday) to submit a written request to the City Manager requiring mediation. The matter shall then be submitted to a mediator provided by the State Mediation and Conciliation Service. Absent agreement as to identity of the mediator, the parties shall alternately strike names from a list supplied by the Los Angeles Office of SMCS. A mediation session shall then be calendared. The mediation shall not be an evidentiary hearing.

Neither party shall be represented by an attorney although non-attorney representatives shall be permitted. There shall be no subpoena power, no

11 MO110\188\12072086.v4
submission of briefs, and the mediation shall conclude within the same business day that it commenced. If the manner in which the mediation is resolved is unsatisfactory to either party, then the proceeding before the City Manager shall provide the due process mandated by Skelly v. State Personnel Board and shall not be an evidentiary hearing. The decision of the City Manager shall be the final administrative action not subject to further administrative review. The City Manager’s decision is reviewable under California Code of Civil Procedure 1094.5.

ARTICLE 8 - OVERTIME

A. 7K EXEMPTION: The City of Monterey Park has exercised its ability to declare the "7K" exemption under the Fair Labor Standards Act (FLSA) for sworn police personnel. The work period for such employees shall be twenty-eight (28) days in length commencing on Saturday, April 20, 1985 at 2:00 a.m.

B. WORK HOURS PLANS: The City and the Association agree that the Department will utilize the three-twelve and a half (3/12.5) and four-ten (4/10) work hour plans during the term of this MOU. The five-eight work hour plan may be used when mutually agreed to by the Department and employee. The three-twelve and a half (3/12.5) work hour plan shall cover patrol Officers and Corporals. The four-ten (4/10) work hour plan shall cover motorcycle Officers and Corporals and all detective positions.

In the event of a bona fide emergency the City may cancel, alter or amend the work schedule as necessary, and only for the duration of the emergency, immediately and without the requirement of engaging in the meet and confer process. A bona fide emergency shall be defined as a circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or condition. It shall not include staffing shortages caused by common occurrences, such as an employee calling in sick or staff reductions due to preplanned leaves.

Officers shall be provided twelve (12) days notice prior to any shift change, reassignment or modification. The twelve (12) day notice requirement shall not apply in the case of emergency situations. For the purpose of this rule, emergencies shall mean any unforeseen or unplanned event that impacts Department staffing needs. The twelve-day notice requirement set forth above shall not apply to probationary Police Officers.

C. OVERTIME: For employees assigned to the three-twelve and a half (3/12.5) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of one hundred sixty (160) hours within the twenty-eight (28) day work period.

All employees required to work in excess of the standard work period of one hundred and sixty (160) hours shall receive compensation at the rate of time and one-half (1 1/2) of his/her rate of pay. For employees assigned to the four-ten (4/10) and five-eight (5/8) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of eighty (80) hours within the fourteen (14) day pay period. All employees required to work in excess of the standard pay period of eighty hours within the

12 MO110\188\12072086.v4
fourteen day pay period shall receive compensation at the rate of time and one-half (1 1/2) of his/her rate of pay.

All employees assigned to work the three-twelve and a half (3/12.5) work hour plan and who work in excess of one hundred and sixty (160) hours within the twenty-eight (28) day work period shall be compensated at the completion of the twenty-eight (28) day work period. Regardless of the amount of overtime hours accrued during the first half (80 hours) of the work period, employees shall be compensated eighty (80) hours for that pay period, and the balance of the hours worked shall be compensated at the completion of the twenty-eight (28) day work period. All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior approval will result in the denial of overtime request.

All eligible employees assigned to work the four-ten (4/10) and five-eight (5/8) work hour plans and who work in excess of eighty (80) hours within the fourteen (14) day pay period shall be compensated for overtime at the completion of the fourteen (14) day pay period.

Determination as to whether or not overtime shall be assigned and/or worked remains in the sole discretion of a responsible supervisor. However, where in the sole discretion of the responsible supervisor, overtime can be efficiently worked by any member of the shift without regard to particular skills or abilities of any eligible employee, then said overtime shall be assigned based on seniority, except in those cases where the overtime duty arises from a case or incident involving another shift Officer. In such case, the involved Officer shall be assigned the overtime, regardless of seniority.

In those instances where overtime is made available on a Department-wide basis (such as for a movie detail or grant run operations), then said overtime shall be assigned on a seniority basis, unless in the sole discretion of the responsible supervisor(s), particular skills and abilities of Officers are relevant to the assignment of any individual(s) to the overtime duty.

The assignment of overtime, as designated by the Police Chief’s 6/12/12 memorandum (attached as an Addendum B), will be the agreed Department method for overtime call out procedure for replacement of Corporals and/or Officers when a vacancy occurs due to a non-planned event. The intent of the memorandum is to call in overtime rank-for-rank as described in said reference memorandum without limiting the Chief from exercising his/her management authority and rights in meeting the staffing needs of the Department.

In cases where seniority is utilized to make overtime assignments, the responsible supervisor shall make a reasonable attempt to advise the eligible Officer(s) of the overtime opportunity. Upon said overtime offer either being rejected or the eligible Officer not being responsive to reasonable contact, the responsible supervisor shall repeat said notification steps until the overtime opportunity is selected. Disputes as to whether or not a “reasonable attempt” was made to contact an Officer eligible for seniority-based overtime selection, shall not be subject to the grievance procedure or to any other administrative or civil

13 MO110\188\12072086.v4
method of appeal, and the determination of the responsible supervisor in this regard, shall be final, conclusive and not appealable through any means.

Regardless of the above, any responsible supervisor retains the right in his or her sole discretion to disregard seniority in rendering an overtime assignment when, in the sole discretion of the responsible supervisor, the needs of the Department and/or community so dictate. Said decision shall not be subject to any administrative or civil challenge and shall be final and conclusive.

For the purpose of determining overtime, vacation, sick leave, compensatory time off and/or other paid leave time shall be considered compensable hours of work.

D. COMPENSATORY TIME OFF: In lieu of receiving cash payment at time and a half for overtime hours worked, an employee may elect the option of earning compensatory time off. Compensatory time shall be earned at the rate of time and one-half (1 ½) for each hour worked. The maximum amount of comp time that may be accrued is 480 hours (320 hours worked). All compensatory time on the books will be cashed out to forty (40) hours as of December 1 of each year. The remaining balance will remain on the books until such time as employee utilizes the compensatory time.

E. PAID LEAVE ACCRUAL RATES: Employees assigned to the three-twelve and a half (3/12.5), four-ten (4/10) or 5/8 work hour plans shall accrue vacation, holiday and sick leave in accordance with the accrual rates as outlined herein. When vacation, holidays or sick leave is used, the employee shall be charged based on actual time taken off in relation to his/her regularly assigned shift.

F. REGULAR RATE OF PAY: For the purpose of computing overtime, the employee's regular rate of pay shall be used for the calculation of overtime under the Fair Labor Standards Act and includes the following components, if applicable, in addition to base salary:

1. Educational Incentive

2. Bilingual Pay

3. Special Assignment Pay

4. Longevity Pay

5. Medical Opt-Out Pay

G. COMPENSABLE HOURS OF WORK:

1. Firearms Qualification: Employees who choose to shoot at the range at times other than as required for qualification and training by the Department, will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever.

2. Voluntary Training Time: Voluntary attendance at training schools/facilities (including the academy) which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the

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employees' normal work shift. Any such time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks twenty-four (24) hours a day.

Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work.

Mandatory training as required by the Department and/or POST is compensable for actual time spent in training. Travel time outside of regularly scheduled work hours for mandatory training is not compensable as work time unless training is approved by a supervisor. If the use of a personal vehicle is authorized for attendance at mandatory training, mileage shall be reimbursed at IRS rates in effect at the time of the travel, for actual miles traveled.

3. City Vehicle Use: Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.

This provision also applies in those situations where the radio must be left on and monitored.

This provision does not preclude compensation in those instances where an employee is required to perform emergency law enforcement duties as required by law. In such cases, appropriate compensation shall be provided.

4. Canine Assignment: Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle, unless such travel time is interrupted to perform law enforcement duties.

In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties.

Canine Officers shall be compensated for off-duty time spent in the care, feeding, grooming, exercise, incidental training, and companionship of their assigned dog in accordance with provisions of Article 34 – Special Assignment Pay.

Nothing herein precludes an officer from being compensated for actual time spent in department required and approved training at times other than the officer's regular working hours.

5. Gym Facility: The City provides a room to be used as a gym facility for the voluntary use of employees during their off-duty hours, in accordance with the letter of October 15, 1981 from the Association and agreed to by the City Manager.

Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner.

6. Call Back Pay

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Call back occurs when:

 An employee is ordered to return to duty by a supervisor during a period when the employee is not scheduled to work, or
 An employee voluntarily responds to a call to work from a supervisor.

A. Employees who are called back to duty shall receive a minimum of three (3) hours of overtime commencing when he/she receives the call, as described in Sections A1, A2, B and C, when:

1. Any portion of those three (3) hours falls outside the employee’s regularly scheduled workday. For instance, a detective who is called back to work before his regular workday shall be paid at his/her overtime rate until the beginning of his/her regular workday;

2. All hours worked, in excess of three (3) hours, outside of the employee’s regularly scheduled workday shall be paid at the employee’s overtime rate.

For instance, when a detective is called back to work on a Saturday he/she shall be paid at his/her overtime rate for the entire time he/she is required to work.

B. Employees who volunteer to respond to work an assignment with a delayed start-time shall begin receiving overtime compensation at the prescheduled start-time. For instance, an employee who volunteers the night before an unexpected patrol vacancy occurs will begin earning overtime at the beginning of the scheduled patrol shift: not when the call is received.

C. Employees who volunteer to respond to a call to work due to an unforeseen event (e.g. a staffing shortage created by another employee calling in sick) from a supervisor and is required to immediately respond shall be paid overtime commencing when the employee receives the call. For instance, an employee who voluntarily responds to a call to fill an unexpected day watch patrol vacancy at 0800hrs shall be paid overtime commencing when the employee receives the call until the employee completes his/her assigned shift.

Except as described elsewhere in this MOU, call back does not occur when an employee is held over from his/her shift or when an employee is working prior to the beginning of his/her regularly scheduled shift, unrelated to a call back.

Employees shall report for duty within a reasonable amount of time when immediate coverage is needed: generally within one and a half (1.5) hours of receiving the call.

Travel time at the completion of the call back shift from the station to an employee’s residence shall not be considered work hours or be compensated in any manner.

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This provision is to be distinguished from “Court Standby” described in this MOU.

Employees who arrive at work but are later deemed unneeded (e.g. due to a scheduling error) shall receive a minimum of three (3) hours of overtime compensation.

7. Court Pay: When an officer is physically called to court, he/she shall be credited on a hour-for-hour basis for the time actually spent in court, commencing one-half (1/2) hour prior to the scheduled court appearance. An employee shall be credited with a minimum of three (3) hours for each scheduled court appearance. Only one (1) minimum shall apply per payday. These three (3) hours will ultimately be paid in the pay period at time and one-half (1 1/2).

Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever unless the employee first responds to the station.

8. Court Standby: A member of the POA who, while off duty, is on court standby status, may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked. However, the employee will receive credit for three (3) hours (these three (3) hours will ultimately be paid in the pay period at time and one-half (1 1/2), provided that the employee is not actually required to be present in the court building. If any employee is required to go to court, this three (3) hour period is applied to court pay under Section 7.

Alternatively, an employee on court standby may, with the permission of the Chief of Police or his designee, report to the police facility, in uniform, for assignment while awaiting court. An employee shall be credited on a hour-for-hour basis for time actually worked while on standby. Travel time to the police facility shall not be considered hours worked and shall not be compensated in any manner whatsoever.

9. On-Call:

On-Call: Effective January 1, 2019, affected employees subject to on-call (e.g. detectives) shall be generally available by phone and/or able to work ready to perform their duties within one (1) hour or one-and-one-half (1.5) hours during peak traffic time.

Employees subject to on-call shall receive forty (40) hours of administrative leave credits each fiscal year. There is no cash out or annual roll over for these forty (40) hours of administrative leave. Affected employees will be awarded twenty (20) hours of administrative leave credits on the first pay period in July and January.

Employees assigned to a position requiring restricted on-call after July or January shall receive administrative leave credits on a pro-rated basis.

ARTICLE 9 - VACATION

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A. Policy: It is the intent and purpose of this vacation leave policy that all employees avail themselves of accrued vacation time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation accrual.

B. Vacation Accrual:

1. Accrual Rate: Employees shall accrue paid vacation time on the basis of years of paid service. The accrual rate shall be as follows:

0 – 6 years Eighty-eight (88) hours per year
7+ years Eight additional hours per year to a maximum of two-hundred (200) hours per year.

2. Accrual Caps: Except as provided herein, no employee may accrue greater than four hundred (400) vacation hours.

The total number of vacation hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a separate accrual bank (vacation hours Bank No. 1). The number of vacation hours contained within Bank No. 1 on January 14, 1995 shall not increase except as provided below.

Concurrent with the creation of Bank No. 1, there shall be created a second vacation bank (Bank No.2) that shall have a balance of zero at its inception. Vacation hours accumulated after January 14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 400 hours, then no vacation hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 400 hours.

Only in exceptional circumstances shall an employee be allowed to exceed the maximum vacation accrual. In no case shall an employee’s request to accrue vacation in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU.

Any approval to accrue in excess of the accrual cap requires a written request from the Police Chief to the City Manager stating that the employee will not be authorized to utilize vacation prior to reaching the accrual cap because of Department staffing requirements. The City Manager’s approval is required. The number of hours allowed above the cap shall be in an amount sufficient to allow the employee 60 days to utilize vacation time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.

C. Use of Vacation Time: Probationary employees shall be authorized to utilize accrued vacation time prior to conclusion of the probationary test period.

Use of vacation time during the calendar year shall be approved by the Chief of Police or his designee, with due regard for the wishes of the employee, the employee's accumulated

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vacation credits, and particular regard for the needs of the Department. Seniority shall be considered when approving vacation requests from employees. Employees’ vacation requests shall not be limited by the amount of vacation time that the employee will accrue in a calendar year. Employees shall be eligible to submit vacation requests for all eligible vacation hours that the employee has available in their leave banks in addition to the hours they will accrue prior to the use of the vacation leave.

ARTICLE 10 - HOLIDAY

Policy: It is the intent and purpose of this holiday leave policy that all employees avail themselves of accrued holiday time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police Department may periodically impact the ability of an employee to utilize any or all of his/her annual holiday accrual.

Currently and until December 31, 2019, employees of the Police Department who are assigned to work around-the-clock shifts receive thirteen 10-hour (130 hours total) floating "holidays-in-lieu" of specific holidays off. These holidays shall accrue on the following days:

Regular: New Year's Day Thanksgiving Day
Washington's Birthday Day After Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Years Eve Day (effective 12/31/2007)
Veteran's Day Admission's Day
Columbus Day

Currently and until December 31, 2019 all other unit employees shall receive eleven (10-hour) paid holidays (see “Regular” holidays listed above), two (10-hour) floating holidays to replace Admission’s Day and Columbus Day. These amounts are the maximum an employee can accrue.

Hold over time and/or overtime greater than assigned hours shall not be applicable to this article.

Effective January 1, 2020, all employees shall receive thirteen 10-hour (130 hours total) “holidays-in-lieu” of specific holidays off. Employees shall accrue 10.84 hours each calendar month of employment in lieu of the above-listed holidays.

Except as provided herein, no employee may accrue greater than two-hundred sixty (260) holiday hours.

The total number of holiday hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a separate accrual bank (Bank No. 1). The number of holiday hours contained within Bank No. 1 shall not increase after January 14, 1995 except as provided below.

Concurrent with the creation of Bank No. 1, there shall be created a second holiday bank (Bank No.2) that shall have a balance of zero at its inception. Holiday hours accumulated after January

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14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 260 hours, then no holiday hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 260 hours.

Only in exceptional circumstances shall an employee be allowed to exceed the maximum holiday accrual. In no case shall an employee’s request to accrue holiday in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU. Any approval to accrue in excess of the accrual cap requires a written request from the Police Chief to the City Manager stating that the employee will not be authorized to utilize holiday prior to reaching the accrual cap because of Department staffing requirements.

The City Manager’s approval is required. The number of hours allowed above the cap shall be in an amount sufficient to allow the employee an opportunity to utilize holiday time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.

ARTICLE 11 - ACCRUAL CASH-OUT

Unit members who use eighty (80) hours (can be combination of administrative leave, vacation and/or holiday) of leave during any fiscal year and who designate to cash-out one hundred (100) hours of accumulated and earned vacation time or holiday time (or a combination thereof) will receive automatic payment for any earned vacation or holiday once they reach their maximum accrual of vacation and/or holiday for the remainder of the fiscal year. Requests for cash-out are to be submitted in a manner prescribed by the City. This requirement does not apply to members who are unable to work while on leave (e.g. IOD). Excess leave for members who are on leave will be paid to the employee as it is earned by the affected employee.

Beginning in December 2022, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out a combined maximum of 1 600 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

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and/or in the same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.

An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:

• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or

• Loss of extensive damage to the employee’s property due to casualty; or

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

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

The City shall make a form available for employees to make their irrevocable election.

ARTICLE 12 - SICK LEAVE

A. Sick leave with pay shall be granted to every full time employee who has been continuously employed for a period of time in excess of 30 days. Such sick leave shall be granted by the City at the rate of 8.00 hours per month (96 hours per year) for each full calendar month of continuous employment with the City, including time served in probationary status.

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

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

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

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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 frozen account. Employees hired on or after July 1, 2012 do not have a sick leave bank (bank #1) as described in this paragraph.

2. Commencing on July 1, 2012, sick leave earned by bargaining unit members shall be deposited into a second sick leave account which shall be capped at a maximum of 800 hours. Upon accruing eight-hundred (800) hours in this sick leave account there shall be no further accrual of sick leave unless or until use results in a balance of less than eight-hundred (800) hours. Employees, who retire from the city with more than ten (10) total years of city service, beginning from the date of employment, shall be eligible to cash out sick leave in the “second” sick leave account at the rate of twelve (12) hours for each one full year (12 months) of city service.

3. Upon death of an employee prior to retirement, the City will pay to the employee’s designated beneficiary the employee’s accumulated sick leave accrual in an amount consistent with the above retirement-related pay-out schedules as separately set forth in C(1) and C(2) above at the employee’s base hourly rate of pay.

D. In order to receive compensation while absent on sick leave, the employee shall, under normal circumstances, notify his/her immediate supervisor, or the on-duty watch commander prior to the time set for the beginning of his/her daily duties. Employees are encouraged to contact their immediate supervisor or the on-duty watch commander at least one (1) hour prior to the beginning of his/her daily duties. A supervisor may require an employee to submit a health care provider’s statement of illness or other satisfactory verification of illness regardless of the length of an employee's period of absence.

Following any period of absence, a supervisor may require of the employee that they submit a health care provider’s certificate indicating that they are capable of returning to duty.

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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 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

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

I. Catastrophic Leave Bank. All regular employees covered by this MOU may be enrolled in the Catastrophic Leave Bank as described in Administrative Policy 30-10. Membership in the Catastrophic Leave Bank will be voluntary and require an annual sick leave contribution of 8 hours pursuant to the provisions of Administrative Policy No. 30-10.

ARTICLE 13 - BEREAVEMENT LEAVE

Each regular employee will be granted bereavement leave whenever death occurs to a member of the employee’s immediate family. Bereavement leave may not exceed three paid shifts., However, employees may take an additional two shifts for bereavement leave, utilizing paid leave balances or by taking unpaid leave. however, Iif 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.

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.

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The employee shall advise the Department upon receiving a court order to appear for the initial examination as a prospective juror, or subsequently to serve as a juror. Should an employee volunteer for jury service (i.e. for the Grand Jury) and be selected to serve, leave with pay shall be subject to approval of the City Manager.

ARTICLE 16 - LEAVE OF ABSENCE WITHOUT PAY

Except as modified herein, Leave of Absence shall be governed by Personnel Rule XI. Attendance and Leaves, Sec. 4 Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park.

A. Leave of Absence Without Pay - The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed ninety (90) calendar days. However, no such leave shall be granted unless the employee's Department Director recommends and the City Manager has approved said leave prior to its commencement date. Upon a showing of good and reasonable cause, the City Manager has authority to retroactively define an unauthorized non-paid leave of absence as being approved and sanctioned.

No such leave shall be effective except upon written request of the employee following exhaustion by the employee of all accrued paid leaves of absence (except sick leave - see below), including but not limited to vacation, holiday and compensatory time off. If the non-paid leave of absence is solely attributable to a medical condition which would allow the employee to utilize accumulated sick leave, then said sick leave shall be exhausted prior to the granting of any leave without pay status. However, those employees taking a non- paid leave of absence pursuant to the FMLA/CFRA are not required to use accrued compensatory time earned in lieu of overtime. Additionally, any such employee on a non- paid leave of absence pursuant to FMLA/CFRA, shall be required to use sick leave concurrently with said leave only if the leave is for the employee's own serious condition.

The City Council may authorize a regular employee to utilize leave of absence without pay for a period not to exceed the accumulated total of one hundred and eighty (180) calendar days during the entire term of the employee's service on behalf of the City. For example, if during an employee's length of service with the City, said employee has been granted an accumulated total of one hundred and eighty (180) calendar days of leave without pay, then said employee shall not be eligible for any additional leave without pay status for any duration of time.

The granting of a leave of absence without pay consistent with this policy shall be documented in writing by the City Manager and a copy of said documentation shall be filed with the Director of Human Resources and Risk Management.

In any instance where an employee is utilizing an approved leave of absence without pay for a period of time greater than fifty percent (50%) of a pay period, said employee shall accrue no leave benefits or seniority for the duration of time while in said status.

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All requests for approval of leave without pay shall be initiated by the subject employee making said request on a City provided personnel action request form and said form shall become a permanent part of the employee's personnel file.

B. Maintenance of Insurance Benefits while on Leave of Absence Without Pay - It shall be the policy of the City that when an employee maintains employment status but is in a non- paid leave of absence, then the City shall make no premium or other contributions necessary to maintain in force and effect, any or all insurance coverage for which an employee would be otherwise eligible except as required by law. If such an employee desires to maintain during an authorized non-paid leave of absence, any or all insurance benefits otherwise available to an employee, then said employee shall be required to deposit any and all insurance premium payments with the City Director of Management Services on the date that the City is otherwise required to remit insurance premium payments to the carrier. Each employee shall be advised in writing of this City policy at the commencement of the authorized leave of absence without pay. There shall be no additional notices of said obligation provided to the employee.

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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. Except as modified herein, Industrial Injury and Illness Leave shall be governed by Personnel Rule XI, Section 4a, Industrial Injury and Illness Leave of the Personnel System Rules and Regulations of the City of Monterey Park and state law.

B. An employee who is absent due to an Industrial Injury for an extended period of time will be considered to be on a Monday through Friday 0800 hours - 1700 hours schedule. The employee shall not be required to be at any specific location during this time period, however, must be available by cell phone.

ARTICLE 19 - MODIFIED DUTY

A. Subject to the exceptions described below, modified duty shall be made available only to those individuals suffering from an industrial injury. Non-industrial disabilities related to pregnancy, shall result in the subject employee being eligible for modified duty subject only to the criteria of Section B and Section C, subsections 1-6 as described below.

B. It is the policy of the City to return work related injured or ill employees to work as quickly as is medically feasible. Every effort will be made to make "modified work" available to industrially injured employees who are not medically ready to return to full duties, but are able to perform light or modified duties without the likelihood of aggravating the injury. "Modified work" is defined as the performance of limited job tasks which do not encompass all of the essential duties for that particular job class or assignment to job tasks not typically performed by the employee but that provide productive work opportunities. "Modified duty" shall only be made available until the employee's condition becomes "permanent and stationary" or reaches maximum medical improvement under the prevailing workers' compensation statute and in no case shall extend beyond the statutory benefit period afforded under Labor Code Section 4850 for safety personnel. "Modified duty" shall not be considered a reasonable accommodation since the essential duties for the job are not taken into consideration.

C. Modified duty may be allowed only if all of the following conditions are met:

1. The Chief of Police determines that he/she has productive work available, which is within the work restrictions imposed by the qualified medical specialist. Any such decision by the Chief of Police shall not be subject to administrative or court challenge.

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2. The Risk Manager concurs that such work will not impose an unacceptable level of risk to the City or the employee; and

3. The City Manager concurs that the modified work assignment of the named employee is in the best interests of the City.

4. The determination of availability of a modified work assignment shall be made on a case-by-case basis and at the sole discretion of the City.

5. No modified duty assignment shall be made prior to conditions 1-3 being met;

6. There shall be no appeal of any decision which results in no assignment of modified duty being made.

D. Non-Industrial Modified Duty

1. In addition to the above, non-industrial modified duty may be assigned when the following additional criteria are met (pregnancy disability not subject to the restrictions described below):

a. Employee meets all the criteria as stated in Section C of this article.

b. Employee receives a medical release from the designated City doctor that modified duties may be performed.

c. The prognosis is for the injury/illness to exceed 2 weeks (14 days).

d. The employee is released to work at least half of a full shift (either 5/8 or 4/10 schedule).

e. The employee’s schedule is to be determined at the sole discretion of the Chief of Police. The Chief’s determination shall not be subject to any administrative or court challenge.

f. Modified duty is intended to be temporary and therefore modified duty for non-industrial injury/illness shall not exceed 30 calendar days. With a physician’s note that indicates medical improvement but continued work restrictions, the Police Chief may agree to extend the modified duty for an additional thirty (30) day period.

g. An individual on non-industrial modified duty may be assigned to any Division of the Police Department or any Department of the City.

h. No more than one individual may be assigned non-industrial modified duty at any one time unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual.

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The Chief’s determination shall not be subject to any administrative or court challenge.

i. No individual may be assigned, or continue to be assigned, non-industrial modified duty if there is any Officer assigned modified duty for an industrial injury unless it is determined at the sole discretion of the Chief of Police that sufficient work exists to accommodate more than one individual. The Chief’s determination shall not be subject to any administrative or court challenge.

j. At all times, industrially injured individuals shall have precedence for modified duty assignments over non-industrial injured individuals.

ARTICLE 20 - UNIFORM ALLOWANCE

A. The uniform allowance shall be seven hundred twenty-five dollars ($725) per year and the City shall continue its credit/retail account program with a retail outlet to be determined by the City, in lieu of cash payment of the uniform allowance.

In addition, the following shall apply:

1. Employees may choose to receive cash payment for the uniform allowance each fiscal year. Requests to receive the cash payment shall be submitted no later than the first paycheck of June for the following fiscal year cash option.

2. Employees who do not elect to receive a cash payment and who do not use the full $725 allowance with the retail outlet will receive any remaining balance as cash payment for uniform maintenance or other uniform related costs.

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).

2. The parties agree that this shall be reported as reportable special compensation to CalPERS for “classic members”, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5). All uniform allowance cash payments will be reported on the employee’s W-2 form under “Other Compensation” to meet Internal Revenue Service requirements.

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.

Unit members have the option of purchasing their equipment from vendors other than the city approved vendor/retail outlet, as long as the equipment meets departmental specifications. Subject to the amount listed above, a member will be eligible for

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reimbursement upon bringing in the receipt, showing the detail of the purchased equipment to their supervisor, for approval prior to usage. All equipment and uniforms must meet departmental standards and specifications to be eligible for reimbursement.

The City purchases and issues bullet resistant vests to each unit member and follows the replacement schedule identified by the manufacturer. Employees who believe that their vest is damaged, defective, or deemed unsuitable due to wear and tear should notify the department so that the vest can be evaluated for replacement eligibility.

ARTICLE 21 - HEALTH INSURANCE

A. Medical Insurance (Active Employees)

Employees will receive insurance coverage through CalPERS under the California Public Employees’ Medical and Hospital Care Act (PEMHCA). The City’s contribution toward medical insurance under PEMHCA will be the minimum employer contribution (MEC) required by PEMHCA (in 202319 the MEC is $15136/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 202319, this amount is $1 5136 per month. PEMHCA determines the amount annually and therefore, this is subject to change.

2. Retiree and Employees Hired Prior to January 1, 2016

Current retirees and employees who were hired on or before December 31, 2015 will be eligible for medical insurance provided by PEMHCA and when enrolled in PEMHCA, receive a City contribution equal to the MEC under PEMHCA. The City shall also make a monthly contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and the contribution amount set forth below (subject to the actual premium of the PEMHCA plan):

a. If the employee retired from City employment with less than 20 years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $485/month (includes the MEC) toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.

b. If the employee retired from City employment with 20 or more years of City service, and remains enrolled in PEMHCA in retirement he/she will receive up to $650/month toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.

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c. Medicare

Retirees must comply with the Medicare enrollment requirements set forth by PEMHCA and the City’s health plan program.

If a retiree does not qualify for Medicare and has submitted the requisite proof to CalPERS, the retiree may remain on a CalPERS basic plan until the retiree later qualifies for Medicare Part A at no cost.

C. Dental Insurance

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

D. Vision Insurance Plan

The City shall provide a vision insurance plan. The City will contribute up to twenty ($20) dollars per month for the employee and eligible dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan. The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months.

Deductible shall be $10.00/exam; $20.00/frame and lenses.

E. Section 125 Cafeteria Plan

1. The City agrees to maintain a premium conversion plan for all active unit members to provide for the pre-tax deduction of the employee’s share of premiums toward medical coverage, and when applicable, the employee’s share of premiums toward the dental plan as well as any premium payment for CalPERS Long Term Care which the employee may elect to participate in an pay through payroll deduction.

2. The City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to 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 two four hundred and fifty seventy-five dollars ($1,475 in 2023)250) per month for employees electing to enroll in a medical plan in PEMHCA. The City’s contribution will include the PEMHCA MEC ($1 51 36 per month for 202319) toward the medical plan and the balance may be used for other eligible expenses. Eligible expenses include: (1) medical insurance premiums, (2) dental insurance premium, (3) disability insurance premium, (4) vision insurance premium, and cash (as set forth below). Employees will be responsible for paying the amount of the total insurance premium that exceeds the City’s contribution via the Cafeteria Plan (IRC Section 125 Plan).

3. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out

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incentive, the employee must, annually, certify to the Affordable Care Act requirements for an “Eligible Opt Out Arrangement” on a form provided by the City.

4. Specific details of this cafeteria plan will be contained in a plan document available for review by employees at the City’s Human Resources Department.

F. AFFORDABLE CARE ACT REOPENER

The City may reopen negotiations at any time during the term of the MOU to meet and confer over impacts of the Affordable Care Act.

ARTICLE 22 – RETIREE HEALTHCARE TRUST

A. Effective July 1, 2020, the City has agreed to contribute one-hundred dollars ($100) per month to full-time Unit employees toward a Retiree Healthcare Trust (RHT). The contributions will be made for each complete calendar month that the employee is employed by the City.

B. Representatives of the City and the Association shall work together for the implementation of the RHT on July 1, 2020. 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 administrative fee for the plans and the employee will be responsible for individual account fees.

ARTICLE 24 - LIFE INSURANCE PLANS

A. Life Insurance –The City shall provide each employee covered under this Agreement a term life insurance policy in the amount of $100,000.

B. Supplemental Life Insurance may be purchased by each employee in $10,000 increments with a maximum face value of $300,000, or three times (3X) the individual’s gross salary, whichever is less. Any premium cost for supplemental insurance shall be borne by the employee.

ARTICLE 25 - EDUCATIONAL INCENTIVE PAY

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

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A. $ 175.00 additional compensation per month for an employee who possess an intermediate or higher POST Certificate and who does not otherwise qualify for the educational incentive pay as provided for in this article, and $ 250.00 additional compensation per month for an Advanced POST Certificate for an employee who does not otherwise qualify for the educational incentive pay as provided for in this article. In no case shall the total additional monthly compensation under this section A of Article 25 exceed $ 250.00 per month.

Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:

$ 300.00 additional compensation per month for an employee who possesses an Intermediate POST Certificate, or additional compensation per month of 7% of base salary for an employee who possesses an Advanced POST Certificate. In no case shall the total additional monthly compensation under this section A of Article 25 exceed 7% of base salary per month.

B. $135.00 additional compensation per month for an employee with an Associate of Arts degree or 60 units of college credit from an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education in any major.

C. $275.00 additional compensation per month for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.

Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, this section shall change to the following:

Additional compensation per month of 5% of base salary for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.

Employees with both a Bachelor’s degree and an Associates shall receive compensation only for possession of the highest degree (i.e. Bachelor’s degree)

D. The maximum Education pay that the employee is eligible for possession of a POST certificate and a degree is 12% of base pay

The parties agree that this is special compensation or pensionable compensations, and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(a)(2) as – Educational Incentive Pay.

ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT

Educational costs shall be limited to two thousand dollars ($2,000) annually per unit member for eligible reimbursement expenses as defined within this Article. The City agrees to reimburse employees for the cost of enrolling in college-level courses in an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by

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the Council of Post Secondary Education directly related to their employment, or compatible with a career goal with the City. Enrollment cost reimbursement is subject to approval by both the Chief of Police and the Director of Human Resources and Risk Management. In rendering a reimbursement determination, the Chief of Police and the Director of Human Resources and Risk Management shall consider whether or not the course(s) for which the reimbursement is sought is related to the employee's then existing principal duties and the availability of funds for reimbursement purposes. No employee shall be entitled to reimbursement unless pre-course enrollment written authorization for reimbursement is received from the Chief of Police and the Director of Human Resources and Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Chief of Police and the Director of Human Resources and Risk Management shall be final.

Enrollment cost reimbursement will be paid according to the following schedule:

1. If tuition or fees are equal to or less than current California State University at Los Angeles fees, the City will pay 100% of the tuition fees.

2. If tuition or fees exceed California State University at Los Angeles fees, the City will pay an amount equal to 100% of the California State University at Los Angeles fees.

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 first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU after July 1, 2023 or City Council approval of this MOU, whichever is later , the City shall implement an across the board one percent ( 6.31%) 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 one percent (4 3.0%) base salary increase for all employees in the Police Officer and Police Corporal classifications.

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Essential Worker Premium Pay under ARPA : The City will make a one-time non-PERSable payment of $6,000 per employee who was employed in a classification in this bargaining unit prior to March 31, 2021 and is still employed in a classification in this bargaining unit at the time of distribution of the lump sum payment. The payment shall be distributed with the payroll for the pay period beginning after City Council ratification of this MOU.

Updated sSalary ranges for Police Officer and Police Corporal are listed in Addendum A.

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

Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU, longevity pay shall be increased to the following non- cumulative amounts:

$200 per month after completion of 15 years of continuous safety 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

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needs training in a particular beat) or the need for specific experience. Under normal circumstances, seniority shall not be disregarded based on specific experience, rather, it is intended to allow the Department to utilize special assignments in a particular beat due to identifiable crime trends.

ARTICLE 30 - RETIREMENT

A. Retirement Benefits - Retirement Benefits as provided in contract, dated November 1, 1952, with the Public Employees' Retirement System and as follows:

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

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

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

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

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

B. Classic Employees:

Employee Paid Retirement Contribution: Classic employees currently pay the nine percent (9%) member contribution. Effective the payroll period following the 2018-19 CalPERS contract amendment approval, Employees shall also pay an additional three percent (3%) 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.

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C. Employees who are classic members have the retirement formula that existed with the City on December 31, 2012, 3%@55 with single highest year for final compensation. (Tier 1)

D. Employees who are ‘New Members’ as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system, or who has had a break in CalPERS service of at least 6 months or more) will constitute a second tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits:

Tier 2: “New Members’ will have the retirement formula 2.7%@57, and the three year average, final compensation.

ARTICLE 31 - MEDICAL EXAMINATION

A medical examination of any employee may be required by the City when job related and consistent with business necessity to ensure the employee is free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer as permitted by Government Code 1031(f). The exam and will be administered by a medical doctor selected by the City. The City agrees to pay the full cost of the medical examination.

ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN

A. 401(A) PLAN

The City will amend the 401(a) plan to permit employer contribution on behalf of unit members. The plan amendment will be effective July 1, 2021. [Effective July 1, 2021, the employer contribution will be 1% of regular pay on a monthly basis, but under no circumstances shall exceed the contribution limitations of Internal Revenue Code section 401(a) and related regulations and guidance.]

B. DEFERRED COMPENSATION PLAN (457(B))

The City of Monterey Park 457(b) Deferred Compensation Plan allows employees to defer compensation within the limits of Internal Revenue Code 457(b) for the applicable plan year.

The City of Monterey Park 457(b) Deferred Compensation Plan also allows employees nearing retirement the opportunity to make special catch up deferrals up to the lesser of: (a) two times the applicable dollar amount of the plan ceiling for the current year; or (b) the unused amount of the plan ceilings from prior years PLUS the ceiling for the current plan year. These contributions are known as “Special Catch Up” contributions.

Employees must meet the eligibility criteria in the City’s 457(b) Plan, Internal Revenue Code 457(b) provisions, and related regulations and applicable guidance, in order to be eligible to make a Special Catch Up contribution.

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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:

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.

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ARTICLE 34 – DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL

ASSIGNMENT PAY

A. Special assignments shall consist of Motors, Detectives, Neighborhood Engagement Team (NET), Field Training Officer, Canine Handler, and Range Master (only one individual).

B. The term of any one (1) particular special assignment shall be for a period of forty-eight (48) consecutive months from the date of placement in the particular special assignment, with the employee having the option to elect an additional twelve (12) month period of service in the special assignment, resulting in sixty (60) consecutive months of placement within a special assignment. The employee shall notify the Office of the Chief of Police in writing not later than the end of the forty-fifth (45th) consecutive month of special assignment service, as to whether or not the employee elects an additional twelve (12) month period of service. (Canine Handler shall be considered a special assignment, however, the set term of such assignment shall be determined at the commencement of the assignment to constitute the service life duration of the assigned canine, multiplied by two (2), but in no event less than nine years. For example, if the service life of a canine is sixty (60) months, the term of assignment for a canine handler shall be one hundred twenty (120) consecutive months. The above-described option to elect an additional twelve (12) months of special assignment shall not be applicable to the Canine Handler.

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

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transferred within sixty (60) calendar days of the request being submitted. An additional thirty (30) day extension is permitted if required for departmental needs.

E. At the conclusion of the above-described term of specialty assignment, or upon being granted exit from said assignment during its term, the affected employee shall be eligible to apply for a different specialty assignment, but shall be ineligible to be appointed to the same specialty assignment which term has just been completed, or from which the employee has exited during the term, for a period of twelve (12) months from the last date of service in the specialty assignment.

F. Reassignment in a specialty position of the same or different type than that in which the affected employee has previously performed services, shall be subject to all applicable policies, practices and procedures utilized by the Chief of Police for selection of participants in specialty assignments.

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

H. 1. Appeal procedures for employees removed from specialty assignments after twelve months or more of receiving the assignment:

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

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testimony, demonstrations and site inspections (excluding travel time to and from the site). Cross examination shall not be counted as part of the "Presentation Time."

The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the eight (8) hour limitation, the hearing officer shall have no authority to extend said limitation.

2. Appeal procedures for employees removed from specialty assignments in less than twelve (<12) months of receiving the assignment:

The following administrative appeal process is established pursuant to Government Code § 3304.5. It shall supplement, though not replace, the disciplinary appeal processes established in other provisions of the Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Police Officers’ Association.

This procedure shall not apply to disciplinary actions for which officers already are entitled to receive an appeal hearing pursuant to either Article 7 or 34 of the Memorandum of Understanding. It shall only apply to punitive actions, as that term is defined by Government Code § 3303, for which officers do not already receive an appeal hearing under either Article 7 or 34 of the Memorandum of Understanding. MOU ARTICLE 7 GRIEVANCE PROCEDURE applies to disciplinary action “as defined by City Personnel Rules and Regulations.” Personnel Rule XV(1) defines disciplinary actions as being limited to suspensions without pay, reduction in class position or dismissal. Thus, this particular procedure shall only apply to the removal of employees from their specialized assignment within the first twelve (12) months of receiving such an assignment.

A. Right to Administrative Appeal

1. Any public safety officer (as defined by Government Code § 3301) who is subjected to punitive action (as defined by Government Code § 3303) other than dismissal, demotion (reduction in class position) or suspension is entitled to an administrative appeal pursuant to this procedure. An officer shall be entitled to appeal an action upon receiving written notification of such action.

2. Officers subjected to dismissal, demotion, or suspension shall continue to be entitled to an appeal in accordance with existing procedures set forth in other provisions of the Memorandum of Understanding.

3. Each Party shall bear their own costs incurred under this procedure.

B. Notice of Appeal

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1. Within ten (10) calendar days of receipt by an officer of written notification of punitive action, the officer shall notify the Chief of Police in writing of the officer’s intent to appeal the punitive action.

2. The notice of appeal shall specify the action being appealed and the substantive grounds for the appeal.

3. Failure to timely serve written notification of an appeal shall result in waiver of any right to appeal.

C. Hearing Officer

The City Manager or designee shall act as the hearing officer. The determination of the City Manager or designee shall be administratively final and binding.

D. Burden of Proof

The City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the punitive action and the burden of proving that the punitive action was reasonable under the circumstances.

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.

42 MO110\188\12072086.v4
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.

The parties agree that for the special assignments listed section A of this Article , this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4).

J. Canine Pay - Employees who are assigned to Canine Officer duties are entitled to compensation for the hours spent with their canine feeding, grooming, caring, and training with the dog as well as cleaning their canine vehicle. The parties acknowledge that the Fair Labor Standards Act which governs the entitlement to compensation for canine duties entitles parties to agree to a reasonable number of hours per month for the performance of canine duties. The Fair Labor Standards Act also allows the parties to agree on appropriate compensation for the performance of canine duties. It is the intent of the parties through the provisions of this article, to fully comply with the requirements of the Fair Labor Standards Act. In addition, both parties believe that the following agreement does comply with the requirements of the Fair Labor Standards Act.

In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed that the hours to which the parties have agreed – (three hours per week) accurately describes the time such employees are performing such duties each week. A sworn unit member assigned to canine duty will receive additional compensation of $200.00 per month in addition to his or her base salary. This amount recognizes that the time spent in the care (including feeding,

43 MO110\188\12072086.v4
caring and grooming), maintenance and training of his or her assigned dog as well as the cleaning of his or her assigned vehicle shall be considered hours worked payable at the rate of $15.39 per hour ($15.50 as of January 1, 2023, in which case the amount will increase to $201.50). It is understood that unit members normally spend three (3) hours per week performing such work. A unit member who is required to perform extraordinary off-duty canine care, such as a veterinary emergency or other rare occurrence which is not a part of the member’s customary care, maintenance or training of the dog or cleaning of the canine vehicle shall submit a written request to the Chief of Police or assigned designee for additional compensation for the hours spent performing such work. Any additional compensation shall be at the employee’s regular rate of pay.

K. Only those employees, who apply for, test and are designated as FTO’s shall be assigned to train employees in patrol. The City agrees to pay two three hundred dollars ($3200.00) per month to individuals selected as a Field Training Officer (FTO). The decision to select a member as a “full-time” FTO after the testing process will be at the sole discretion of the Chief of Police. However, the minimum number of “full-time” FTOs shall be five (5).

Beginning with the first day of the pay period in which the POA ratifies the tentative agreement setting forth the changes in this MOU employees designated as FTOs shall receive an additional $100.00 per 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 34 (K), if within the twenty-eight (28) day work period, because of the unavailability of a compensated FTO, an individual is qualified as an alternate FTO and acts as an FTO for a total of twenty-four to forty-eight hours, then said individual shall be paid Fifty Dollars ($50.00). If the individual works as an alternate FTO for more than forty- eight hours in the twenty-eight (28) day work period, then the individual shall receive One Hundred Dollar ($100.00). With the exception of Traffic Bureau training, which will be eligible for alternate FTO compensation, nothing herein shall be interpreted to provide for any FTO compensation for training that occurs as part of a trainee being rotated through the Communications Bureau, Community Relations Bureau, Jail, or Detective Bureau. , or K9 program as part of the normal training cycle.

b. A “full-time” Field Training Officer (FTO) assignment shall be four (4) years. Any current “full-time” FTO who has been in the assignment for more than four (4) years upon the City Council’s ratification of this MOU may submit a memo within thirty (30) days requesting to retest for an additional four (4) year assignment. Any “full-time” FTO that currently has been in the assignment less than four (4) years will be subject to this section four (4) years from the date he/she began as a “full-time” FTO. There is no limit on the number of times an employee can be selected as an FTO; thus an FTO can reapply for the FTO position at the end of every four (4) year term. Any FTO wishing to be removed from the program may submit a memo to the Chief of Police as described in Article 34(D).

44 MO110\188\12072086.v4

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 evaluation that are based on observations and/or information gathered from other supervisory personnel shall be attributed to the employee who provided the comments.

No step raises, or other performance-based compensation, shall be delayed by more than sixty (60) calendar days due to the City failing to evaluate the affected employee’s performance in a timely manner. However, if an employee who is due a performance evaluation that includes a possible merit increase, does not receive their performance evaluation within sixty (60) calendar days after the date of their annual evaluation date, the merit increase shall process retroactive to the date of the employee’s anniversary date for merit increase consideration. The employee is to notify their supervisor and Human Resources at the time the sixty (60) calendar days have been exceeded. A personnel action form will be completed and the merit increase shall be made retroactive to the employee’s anniversary date.

ARTICLE 37 - WRITTEN NOTICES TO POA

Reasonable written notice will be given to the POA of any rule, ordinance, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. In cases where the City determines that as a result of an emergency, an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meetings with POA, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

45 MO110\188\12072086.v4
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

1. The Parties acknowledge that the provisions of the MOU require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this MOU. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this MOU. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through Side Letter or implementation memoranda approved by the Parties which, after execution, will be attached to this MOU as addenda and become a part hereof.

2. Side Letter or implementation memoranda may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any significant modification to the terms of performance under this MOU will be processed as an amendment of this MOU in accordance with this MOU and must be approved by City Council.

ARTICLE 39 - SUBSTANCE ABUSE POLICY

46 MO110\188\12072086.v4
The parties have met and conferred in good faith and reached agreement upon modifications to the City Administrative Policy No. 30-10, as regards GUIDELINES FOR CONSUMPTION OF ALCOHOL AND ILLEGAL OR CONTROLLED SUBSTANCES.

ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2022 and ending June 30, 2023- and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary herein, all changes in matters within the scope or representation shall be provided prospectively from the date of MOU implementation. The “date of MOU implementation” shall be the date of City Council adoption of the MOU.

This MOU may be terminated as of the end of the initial term or any subsequent contract period by either party giving written notice to the other not less than ninety (90) calendar days prior to the termination date. If no notice is given in accordance with the terms of this Article, the MOU shall automatically renew for an additional year without any change whatsoever.

ARTICLE 41 - CITY COUNCIL APPROVAL

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

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

MONTEREY PARK POLICE
OFFICERS’ ASSOCIATION CITY OF MONTEREY PARK
By

By
Troy Grant, POA President Ron Bow, City Manager
By

By
Raymond Cota, POA Vice President Inez Alvarez, Assistant City Manager

By
Martha Garcia, Director of Management
Services

By
Christine Tomikawa, Director of Human
Resources & Risk Management

47 MO110\188\12072086.v4

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

48 MO110\188\12072086.v4

ADDENDUM A

CITY OF MONTEREY PARK

CLASSIFICATION AND BASE SALARY LIST

POLICE OFFICERS' ASSOCIATION MOU

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6195 6506 6831 7172 7531

Police Corporal 2 6601 6931 7278 7641 8024

Effective upon Council’s approval of this MOU retroactive to the pay period starting December 29, 2018 (1%):

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6257 6571 6899 7244 7606

Police Corporal 2 6667 7000 7351 7717 8104

Effective the beginning of the pay period following the 2018-19 CalPERS contract amendment approval (3%):

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6445 6768 7106 7461 7834

Police Corporal 2 6867 7210 7571 7949 8347

Effective the beginning of the pay period following January 1, 2020 (2%):

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6574 6904 7248 7610 7991

Police Corporal 2 7004 7355 7723 8108 8514

Effective the beginning of the pay period following April 1, 2020 (1.2%):

Police Corporal 2 7088 7443 7815 8205 8616

49 MO110\188\12072086.v4

Effective the beginning of the pay period following January 1, 2021 (2 1/2%):

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6738 7076 7430 7801 8191

Police Corporal 2 7266 7629 8011 8410 8832

Effective the beginning of the pay period following January 1, 2022 (3%):

CLASSIFICATION RANGE 1 2 3 4 5

Police Officer 1 6940 7288 7653 8035 8437

Police Corporal 2 7484 7858 8251 8663 9097

Effective with the first day of the pay period in which the POA ratifies the tentative agreement, the salary ranges for Police Officer and Police Corporal shall be increased by 1%

CLASSIFICATION
RANGE 1 2 3 4 5
Police Officer 7009 7361 7730 8115 8521
Police Corporal 7559 7937 8334 8750 9188

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 2
Monterey Park Police Officers’ Association (POA)
– Clean Version Memorandum of Understanding
July 1, 2023 to June 30, 2025

MEMORANDUM OF UNDERSTANDING

between

THE CITY OF MONTEREY PARK, CALIFORNIA

and

THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION

07/01/2023 – 06/30/2025

TABLE OF CONTENTS

MEMORANDUM OF UNDERSTANDING
between

THE CITY OF MONTEREY PARK, CALIFORNIA
and

THE MONTEREY PARK POLICE OFFICERS' ASSOCIATION
- TWO-YEAR AGREEMENT 07/01/2023– 06/30/2025

PREAMBLE 3
ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING ....................................................... 3 ARTICLE 2 - RECOGNITION....................................................................................................................... 3 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS ............................................................................ 3 ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ................................................. 4 ARTICLE 5 - COMMUNICATIONS ............................................................................................................. 5 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS ..................... 5 ARTICLE 7 - GRIEVANCE PROCEDURE .................................................................................................. 5 ARTICLE 8 - OVERTIME ........................................................................................................................... 10 ARTICLE 9 - VACATION ........................................................................................................................... 16 ARTICLE 10 - HOLIDAY ............................................................................................................................ 17 ARTICLE 11 - ACCRUAL CASH-OUT ...................................................................................................... 18 ARTICLE 12 - SICK LEAVE ....................................................................................................................... 20 ARTICLE 13 - BEREAVEMENT LEAVE .................................................................................................. 22 ARTICLE 14 - MILITARY LEAVE ............................................................................................................ 23 ARTICLE 15 - JURY DUTY LEAVE .......................................................................................................... 23 ARTICLE 16 - LEAVE OF ABSENCE WITHOUT PAY ........................................................................... 23 ARTICLE 17 - FMLA/CFRA COMPLIANCE ............................................................................................ 25 ARTICLE 18 - INDUSTRIAL INJURY AND ILLNESS LEAVE .............................................................. 25 ARTICLE 19 - MODIFIED DUTY .............................................................................................................. 25 ARTICLE 20 - UNIFORM ALLOWANCE ................................................................................................. 27 ARTICLE 21 - HEALTH INSURANCE ...................................................................................................... 28 ARTICLE 22 – RETIREE HEALTHCARE TRUST .................................................................................... 30 ARTICLE 23 - MEDICAL & DEPENDENT CARE FLEXIBLE SPENDING ARRANGEMENT ............ 30 ARTICLE 24 - LIFE INSURANCE PLANS ................................................................................................ 30 ARTICLE 25 - EDUCATIONAL INCENTIVE PAY .................................................................................. 30 ARTICLE 26 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ....................................... 31 ARTICLE 27 - BILINGUAL PAY ............................................................................................................... 32 ARTICLE 28 - SALARIES AND WAGES .................................................................................................. 32 ARTICLE 29 - SENIORITY ......................................................................................................................... 33

ARTICLE 30 - RETIREMENT..................................................................................................................... 33 ARTICLE 31 - MEDICAL EXAMINATION .............................................................................................. 34 ARTICLE 32 – 401(a) PLAN & 457(b) DEFERRED COMPENSATION PLAN ....................................... 35 ARTICLE 33 - EMPLOYEE SAFETY COMMITTEE ................................................................................ 36 ARTICLE 34 – DURATION OF SPECIAL ASSIGNMENTS AND SPECIAL ASSIGNMENT PAY ...... 36 ARTICLE 35 – PROBATIONARY PERIOD ............................................................................................... 42 ARTICLE 36 - PERFORMANCE EVALUATIONS ................................................................................... 42 ARTICLE 37 - WRITTEN NOTICES TO POA ........................................................................................... 43 ARTICLE 38 - GENERAL PROVISIONS ................................................................................................... 43 ARTICLE 39 - SUBSTANCE ABUSE POLICY ......................................................................................... 44 ARTICLE 40 - TERM OF MEMORANDUM OF UNDERSTANDING ..................................................... 44 ARTICLE 41 - CITY COUNCIL APPROVAL ............................................................................................ 44 ADDENDUM A ............................................................................................................................................ 46

3 MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF MONTEREY PARK
and
THE MONTEREY PARK POLICE OFFICERS’ ASSOCIATION
TWO YEAR AGREEMENT 7/1/23-6/30/25

PREAMBLE

This Memorandum of Understanding (MOU) has been prepared in accordance with the California Government Code (Section 3500 et seq.). The City of Monterey Park, California, hereinafter referred to as the "City", and the Monterey Park Police Officers Association, hereinafter referred to as the " POA," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith. Unless specifically provided herein, changes in wages, hours and terms and conditions of employment shall be prospectively effective on and after City Council adoption of this MOU.

ARTICLE 1 - SCOPE OF MEMORANDUM OF UNDERSTANDING

It is the intent and purpose of this MOU to assure sound and mutually beneficial working and economic relations between the parties, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth the basic and full agreement between the parties concerning wages, hours of employment, and other conditions of employment.

ARTICLE 2 - RECOGNITION

A. The City acknowledges the POA as the representative for certain employees in the Police Department of the City of Monterey Park, California, for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.

B. This MOU shall cover all employees working in the classification of Police Corporal and Police Officer.

C. This Memorandum does not preclude employees in such employment classifications from representing themselves individually in their employment relations with the City.

ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS

A. To ensure that the City is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the terms of this MOU, but shall be within the exclusive discretion of the City: to select and determine the number and types of employees required; to assign work to employees in accordance with the City; to establish and change work schedules and assignments; to hire, transfer and to promote or to lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline or discharge for just cause; to expand or diminish services; to subcontract any work or operations; to determine and change at its sole discretion, the number of locations, relocations and types of operations and the processes and materials to be employed.

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

ARTICLE 4 - EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES

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

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

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

2. That any such meeting is subject to scheduling by an authorized depar tmental management official so as to avoid interference with or interruption of assigned work schedules or work performance.

C. The City will deduct dues and initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization card.

D. Deductions as are authorized in writing by the employee shall be deducted from earned wages or salaries on each payday. The City shall forward to the POA all dues and/or initiation fees deducted from the employees for any month, the first of the succeeding month.

E. The POA shall indemnify, defend and hold the City harmless against claims and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the sections regarding dues deduction.

F. The POA representatives, while on City property, shall abide by the City's safety rules and regulations.

G. The Employee Representatives will include at least one employee member. Employee Representatives shall be provided reasonable release time, without loss of salary or benefits, for purposes of collective bargaining and/or processing of employee grievances. In addition, Association representatives may be granted reasonable release time to attend Association sponsored training programs, seminars, and conferences, subject to prior City approval. Such requests will not be unreasonably denied.

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

5 ARTICLE 5 - COMMUNICATIONS

Space shall be provided on City bulletin boards and use of City email may be made available for the posting/distribution of the following notices of immediate concern to the employee group members:

1. POA recreational and social activities.

2. POA election notices and results.

3. POA meetings and events.

4. Such other notices as may be mutually agreed upon by the POA and the Police Chief or designee.

5. All notices and materials regarding the business of the POA.

Use of the City email system does not provide privacy regarding the communications sent/received.

The City reserves the right to review any communications sent using its email system. POA communications sent via email may be subject to disclosure pursuant to the Public Records Act.

ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND

OPERATIONS

A. The POA hereby agrees that during the term of this MOU, POA represented employees and the officers and/or corporals of the POA shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, or any other intentional interference of work of the City. However, information pickets, following an impasse in the Meet and Confer process, are excluded from this Article and are therefore allowed as long as the picketing is not violent, does not block ingress or egress and/or does not interfere with the public health, safety or order.

B. In the event any employee, or employees, participate in any of the prohibited activities stated above, the POA shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct the employee or employees, to return to their normal work assignment and duties.

C. The employee, or employees, participating in the activities prohibited above shall be subject to disciplinary action by the City, including suspension or discharge in accordance with the City's Personnel Rules and Regulations.

ARTICLE 7 - GRIEVANCE PROCEDURE

A. D EFINITIONS

6 1. A "grievance" is a formal written or oral allegation by a member of the POA on behalf of specified unit members who have been adversely affected by an alleged violation of the specific provisions of this Memorandum of Understanding, the City's Personnel Rules, written Department Rules, Regulations, policies and procedures or an appeal of a disciplinary action decision by the City Manager.

2. A "disciplinary grievance" is a fo rmal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations. A "disciplinary grievance" shall be filed after the written receipt of the City Manager's decision, and shall constitute the sole and exclusive process of appeal. Such appeals shall be processed at Level IV, Administrative Hearing.

3. A "grievant" is any unit member or the POA on behalf of specified unit members adversely affected by an alleged violation within the scope of the grievance procedure as defined above.

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

B. GE

NERAL PROVISIONS

1. If an employee is receiving direction from his/her supervisor but believes the direction forms the basis for a viable grievance, the employee must still comply with the direction. If that grievance is ultimately sustained only then may the employee not comply with that directive.

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

3. Time limits for appeal provided at any level of this procedure sha ll begin the first day following receipt of the written decision by the grievant and/or the POA.

Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement. Failure by the City to meet established deadlines shall entitle but not obligate the grievant to appeal to the next step of the procedure.

4. Every effort will be made to schedule meetings for the processing of grievances during the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievan t in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.

5. Any unit member may, at any time, present grievances to the City and have such grievances resolved without the intervention of the POA, as long as the resolution is reached prior to the hearing and the resolution is not inconsistent with the terms

7 of this MOU; provided that the City shall not agree to a resolution of the grievance until the POA has received a copy of the grievance and the proposed resolution, and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the POA, which may include the attorney of the POA. The POA may also be represented at any grievance meetings and will be notified of any such meetings.

6. This grievance procedure shall be the sole and exclusive procedure for processing objections or challenges to disciplinary actions as defined in the Personnel Rules and Regulations and shall satisfy all administrative appeal rights and protection.

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

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

1. L
evel I - Informal Resolution: Any unit member or the POA who believes he/she has a grievance shall present the grievance orally to the immediate supervisor within fifteen (15) workdays after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The immediate supervisor shall hold discussions and attempt to resolve the matter within fifteen (15) workdays after the presentation of the grievance. It is the intent of this informal procedure that at least one personal conference be held between the aggrieved employee, their representative and the immediate supervisor.

2. L
evel II - Formal Written Grievance

a. If the grievance is not resolved during the informal conference and the grievant wishes to continue the grievance process, the grievant shall present the grievance in writing on the appropriate form to the Police Chief within ten (10) days after the oral decision by the immediate supervisor.

The written information shall include: (a) a description of the specific grounds of the grievance; (b) a listing of the provisions of this agreement, personnel rules, regulations or procedures alleged to have been violated; and (c) a listing of specific actions requested of the City which will remedy the grievance.

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

c. Within the above time limits the parties may request a personal conference.

3. L
evel III - Appeal to the City Manager

8 a. If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision at Level II, appeal the decision to the City Manager. This statement shall include a copy of the original grievance and appeal, and a clear, concise statement of the reasons for the appeal.

b. The City Manager shall communicate the decision, in writing, to the grievant within ten (10) days. If the City Manager does not respond within the time limits provided, the grievant may appeal to the next level.

4. L
evel IV - Administrative Hearing

a. If the grievant is not satisfied with the decision at Level III, or if an employee or the POA wishes to appeal the disciplinary decision of the City Manager, the grievant/employee may, within ten (10) days of the receipt of the decision, for an administrative hearing of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the POA shall inform the City, in writing, of its request to have an administrative hearing.

The POA and the City shall attempt to agree upon a hearing officer.

If no agreement can be reached, they shall request that the City supply a list of seven (7) names of persons experienced in hearing grievances in cities from a panel mutually selected by the POA and the City. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the Hearing Officer. The order of the striking names shall be determined by coin toss.

b. If either the City or the Association so requests, the Hearing Officer shall be requested to hear the merits of any issues raised regarding grievability.

No hearing on the merits of the grievance will be conducted until the issue of grievability has been decided. The same Hearing Officer shall decide the issue of grievability, and if grievable, then the merits of the dispute.

c. The Hearing Officer shall, within thirty (30) days unless both parties agree otherwise, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the Hearing Officer shall determine the issues by referring to the written grievance and the answers thereto at each step.

d. The Hearing Officer shall hol d a hearing on the issue submitted or as determined by the Hearing Officer if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the hearing proceedings shall be governed by California Code of Civil Procedur e section 1280 et. seq. The Hearing Officer's decision shall be the final administrative action not subject to further administrative review . The Hearing Officer's decision is reviewable under California Code of Civil Procedure 1094.5.

9 e. The City and t he POA agree that the jurisdiction and authority of the Hearing Officer so selected and the opinions the Hearing Officer expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The Hearing Officer shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this MOU or the written ordinances, resolutions, rules, regulations and procedures of the City or the Department, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The Hearing Officer shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.

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

g. After a hear ing and after both parties have had an opportunity to make written arguments, the Hearing Officer shall submit in writing to all parties his/her findings and award.

h. The fees and expenses of the Hearing Officer shall be shared equally by the City and PO A. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire hearing. The cost of the services of such court reporter shall be shared equally by the parties.

i. By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/administrative hearing procedure. The processing of a grievance beyond level III shall constitute an express election on the part of the grievant that the grievance/administrative hearing procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the filing of a writ of administrativ e mandamus to challenge a decision issued on a grievance.

j. With regard to discipline-related hearings governed by this Section (C)(4), where the discipline subject to appeal consists of a minimum of 8.1 hours and a maximum of 24 hours, the following limitation shall apply to the amount of time available to each party to the hearing for a presentation of any individual party’s case. For purposes of time -limit computation only, the Association and any one (1) employee, as well as any other entity that may properly be appearing on behalf of or with an interest similar to the

10 Association or employee, shall be jointly deemed to be the same one party for computing the time limitation on presentations. Accordingly, the time limitation shall not be multiplied by the number of individuals or entities appearing, on behalf of, or with an interest similar to, the individual employee who has been disciplined.

Each party to the Article 7 administrative appeal shall be limited to a maximum of twelve (12) hours of presentation time during conduct of an administrative appeal pursuant to MOU Article 7(C)(4) Level IV Administrative Hearing.

“Presentation Time” against which shall be charged the twelve (12) hour presentation time limitation, shall include oral opening statement and oral closing argument, direct/redirect examination of witnesses, rebuttal and sur- rebuttal witness testimony, demonstrations, and site inspections (excluding travel time to and from the site). Cross examination shall not be counted as part of the “Presentation Time.”

The hearing officer shall record and maintain account of all such hours by means of a timekeeping device suitable to the task. Absent stipulation by the parties to extend the twelve (12) hour limitation, the hearing officer shall have no authority to extend said limitation.

5. D
isciplinary Proceedings (one day suspension): For purposes of this section alone, a one (1) day suspension shall be equivalent to eight (8) hours of salary, regardless of the actual hours worked in a shift. Suspensions of one (1) day shall be excluded from the arbitration appeal process. Upon receipt from the Chief of Police or his designee of a notice of intended penalty of one (1) day or less, the employee shall have ten (10) business days (Monday - Friday) to submit a written request to the City Manager requiring mediation. The matter shall then be submitted to a mediator provided by the State Mediation and Conciliation Service. Absent agreement as to identity of the mediator, the parties shall alternately strike names from a list supplied by the Los Angeles Office of SMCS. A mediation session shall then be calendared. The mediation shall not be an evidentiary hearing.

Neither party shall be represented by an attorney although non- attorney representatives shall be permitted. There shall be no subpoena power, no submission of briefs, and the mediation shall conclude within the same business day that it commenced. If the manner in which the mediation is resolved is unsatisfactory to either party, then the proceeding before the City Manager shall provide the due process mandated by Skelly v. State Personnel Board and shall not be an evidentiary hearing. The decision of the City Manager shall be the final administrative action not subject to further administrative review. The City Manager’s decision is reviewable under California Code of Civil Procedure 1094.5.

ARTICLE 8 - OVERTIME

11 A. 7K EXEMPTION: The City of Monterey Park has exercised its ability to declare the "7K" exemption under the Fair Labor Standards Act (FLSA) for sworn police personnel. The work period for such employees shall be twenty-eight (28) days in length commencing on Saturday, April 20, 1985 at 2:00 a.m.

B. W
ORK HOUR S PLANS: The City and the Association agree that the Department will utilize the three-twelve and a half (3/12.5) and four-ten (4/10) work hour plans during the term of this MOU. The five-eight work hour plan may be used when mutually agreed to by the Department and employee. The three-twelve and a half (3/12.5) work hour plan shall cover patrol Officers and Corporals. The four -ten (4/10) work hour plan shall cover motorcycle Officers and Corporals and all detective positions.

I
n the event of a bona fide emergency the City may cancel, alter or amend the work schedule as necessary, and only for the duration of the emergency, immediately and without the requirement of engaging in the meet and confer process. A bona fide emergency shall be defined as a circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or condition. It shall not include staffing shortages caused by common occurrences, such as an employee calling in sick or staff reductions due to preplanned leaves.

Officers shall be provided twelve (12) days notice prior to any shift change, reassignment or modification. The twelve (12) day notice requirement shall not apply in the case of emergency situations. For the purpose of this rule, emergencies shall mean any unforeseen or unplanned event that impacts Department staffing needs. The twelve -day notice requirement set forth above shall not apply to probationary Police Officers.

C. OVE
RTIME: For employees assigned to the three -twelve and a half (3/12.5) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of one hundred sixty (160) hours within the twenty- eight (28) day work period.

All employees required to work in excess of the standard work period of one hundred and sixty (160) hours shall receive compensation at the rate of time and one -half (1 1/2) of his/her rate of pay. For employees assigned to the four-ten (4/10) and five-eight (5/8) work hour plan, overtime shall be defined as that time authorized and actually worked by an employee in excess of eighty (80) hours within the fourteen (14) day pay period. All employees required to work in excess of the standard pay period of eighty hours within the fourteen day pay period shall receive compensation at the rate of time and one-half (1 1/2) of his/her rate of pay.

A
ll employees assigned to work the three -twelve and a half (3/12.5) work hour plan and who work in excess of one hundred and sixty (160) hours within the twenty-eight (28) day work period shall be compensated at the completion of the twenty- eight (28) day work period. Regardless of the amount of overtime hours accrued during the first half (80 hours) of the work period, employees shall be compensated eighty (80) hours for that pay period, and the balance of the hours worked shall be compensated at the completion of the twenty-eight (28) day work period. All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior approval will result in the denial of overtime request.

12 All eligible employees assigned to work the four-ten (4/10) and five-eight (5/8) work hour plans and who work in excess of eighty (80) hours within the fourteen (14) day pay period shall be compensated for overtime at the completion of the fourteen (14) day pay period.

Determination as to whethe r or not overtime shall be assigned and/or worked remains in the sole discretion of a responsible supervisor. However, where in the sole discretion of the responsible supervisor, overtime can be efficiently worked by any member of the shift without regard to particular skills or abilities of any eligible employee, then said overtime shall be assigned based on seniority, except in those cases where the overtime duty arises from a case or incident involving another shift Officer. In such case, the involved Officer shall be assigned the overtime, regardless of seniority.

In those instances where overtime is made available on a Department -wide basis (such as for a movie detail or grant run operations), then said overtime shall be assigned on a seniority basis, unless in the sole discretion of the responsible supervisor(s), particular skills and abilities of Officers are relevant to the assignment of any individual(s) to the overtime duty.

The assignment of overtime, as designated by the Police Chief’s 6/12/12 memorandum (attached as an Addendum B), will be the agreed Department method for overtime call out procedure for replacement of Corporals and/or Officers when a vacancy occurs due to a non-planned event. The intent of the memorandum is to call in overtime rank- for-rank as described in said reference memorandum without limiting the Chief from exercising his/her management authority and rights in meeting the staffing needs of the Department.

In cases where seniority is utilized to make overtime assignments, the responsible supervisor shall make a reasonable attempt to advise the eligible Officer(s) of the overtime opportunity. Upon said overtime offer either being rejected or the eligible Officer not being responsive to reasonable contact, the responsible supervisor shall repeat said notification steps until the overtime opportunity is selected. Disputes as to whether or not a “reasonable attempt” was made to contact an Officer eligible for seniority -based overtime selection, shall not be subject to the grievance procedure or to any other administrative or civil method of appeal, and the determination of the responsible supervisor in this regard, shall be final, conclusive and not appealable through any means.

Regardless of the above, any responsible supervisor retains the right in his or her sole discretion to disregard seniority in rendering an overtime assignment when, in the sole discretion of the responsible supervisor, the needs of the Department and/or community so dictate. Said decision shall not be subject to any administrative or civil challenge and shall be final and conclusive.

For the purpose of determining overtime, vacation, sick leave, compensatory time off and/or other paid leave time shall be considered compensable hours of work.

D. C
OMPENSATORY TIME OFF : In lieu of receiving cash payment at time and a half for overtime hours worked, an employee may elect the option of earning compensatory time off. Compensatory time shall be earned at the rate of time and one-half (1 ½) for each hour

13 worked. The maximum amount of comp time that may be accrued is 480 hours (320 hours worked). All compensatory time on the books will be cashed out to forty (40) hours as of December 1 of each year. The remaining balance will remain on the books until such time as employee utilizes the compensatory time.

E. P
AID LEAVE ACCRUAL RATES : Employees assigned to the three -twelve and a half (3/12.5), four- ten (4/10) or 5/ 8 work hour plans shall accrue vacation, holiday and sick leave in accordance with the accrual rates as outlined herein. When vacation, holidays or sick leave is used, the employee shall be charged based on actual time taken off in relation to his/her regularly assigned shift.

F. R
EGULAR RATE OF PAY: For the purpose of computing overtime, the employee's regular rate of pay shall be used for the calculation of overtime under the Fair Labor Standards Act and includes the following components, if applicable, in addition to base salary:

1. E
ducational Incentive

2. Bilingual Pay

3. Special Assignment Pay

4. Longevity Pay

5. Medical Opt-Out Pay

G. C
OMPENSABLE HOURS OF WORK:

1. F irearms Qualification : Employees who choose to shoot at the range at times other than as required for qualification and training by the Department, will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever.

2. V
oluntary Training Time : Voluntary attendance at training schools/facilities (including the academy) which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employees' normal work shift. Any such time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks twenty-four (24) hours a day.

Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work.

Mandatory training as required by the Department and/or POST is compensable for actual time spent in training. Travel time outside of regularly scheduled work hours for mandatory training is not compensable as work time unless training is approved by a supervisor . If the use of a personal vehicle is authorized for attendance at mandatory training, mileage shall be reimbursed at IRS rates in effect at the time of the travel, for actual miles traveled.

14 3. City Vehicle Use: Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.

This provision also applies in those situations where the radio must be left on and monitored.

This provision does not preclude compensation in those instances where an employee is required to perform emergency law enforcement duties as required by law. In such cases, appropriate compensation shall be provided.

4. Canine Assignment: Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle, unless such travel time is interrupted to perform law enforcement duties.

In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties.

Canine Officers shall be compensated for off -duty time spent in the care, feeding, grooming, exercise, incidental training, and companionship of their assigned dog in accordance with provisions of Article 34 – Special Assignment Pay.

Nothing herein precludes an officer from being compensated for actual time spent in department required and approved training at times other than the officer's regular working hours.

5. G
ym Facility : The City provides a room to be used as a gym facility for the voluntary use of employees during their off -duty hours, in accordance with the letter of October 15, 1981 from the Association and agreed to by the City Manager.

Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner.

6. Call Back Pay

Call back occurs when:

• An employee is ordered to return to duty by a supervisor during a period when the employee is not scheduled to work, or
• An employee voluntarily responds to a call to work from a supervisor.

A. Employees who are called back to duty shall receive a minimum of three (3) hours of overtime commencing when he/she receives the call, as described in Sections A1, A2, B and C, when:

1. Any portion of those three (3) hours falls outside the employee’s regularly scheduled workday. For instance, a detective who is called back to work before his regular workday shall be paid at his/her overtime rate until the beginning of his/her regular workday;

15 2. All hours worked, in excess of three (3) hours, outside of the employee’s regularly scheduled workday shall be paid at the employee’s overtime rate.

For instance, when a detective is called back to work on a Saturday he /she shall be paid at his/her overtime rate for the entire time he/she is required to work.

B. Employees who volunteer to respond to work an assignment with a delayed start-time sha ll begin receiving overtime compensation at the prescheduled start-time. For instance, an employee who volunteers the night before an unexpected patrol vacancy occurs will begin earning overtime at the beginning of the scheduled patrol shift: not when the call is received.

C. Employees who volunteer to respond to a call to work due to an unforeseen event (e.g. a staffing shortage created by another employee calling in sick) from a supervisor and is required to immediately respond shall be paid overtime commencing when the employee receives the call. For instance, an employee who voluntarily responds to a call to fill an unexpected day watch patrol vacancy at 0800hrs shall be paid overtime commencing when the employee receives the call until the employee completes his/her assigned shift.

Except as described elsewhere in this MOU, call back does not occur when an employee is held over from his/her shift or when an employee is working prior to the beginning of his/her regularly scheduled shift, unrelated to a call back.

Employees shall report for duty within a reasonable amount of time when immediate coverage is needed : generally within one and a half (1.5) hours of receiving the call.

Travel time at the completion of the call back shift from the station to an employee’s residence shall not be considered work hours or be compensated in any manner.

This provision is to be distinguished from “Court Standby” described in this MOU.

Employees who arrive at work but are later deemed unneeded (e.g. due to a scheduling error) shall receive a minimum of three (3) hours of overtime compensation.

7. C
ourt Pay: When an officer is physically called to court, he/she shall be credited on a hour-for-hour basis for the time actually spent in court, commencing one-half (1/2) hour prior to the scheduled court appearance. An employee shall be credited with a minimum of three (3) hours for each scheduled court appearance. Only one (1) minimum shall apply per payday. These three (3) hours will ultimately be paid in the pay period at time and one-half (1 1/2).

Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever unless the employee first responds to the station.

16 8. Court Standby: A member of the POA who, while off duty, is on court standby status, may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked. However, the employee will receive credit for three (3) hours (these three (3) hours will ultimately be paid in the pay period at time and one -half (1 1/2), provided that the employee is not actually required to be present in the court building. If any employee is required to go to court, this three (3) hour period is applied to court pay under Section 7.

Alternatively, an employee on court standby may, with the permission of the Chief of Police or his designee, report to the police facility, in uniform, for assignment while awaiting court. An employee shall be credited on a hour -for-hour basis for time actually worked while on standby. Travel time to the police facility shall not be considered hours worked and shall not be compensated in any manner whatsoever.

9. On-Call:

On-Call: Effective January 1, 2019, affected employees subject to on- call ( e.g. detectives) shall be generally available by phone and/or able to work ready to perform their duties within one (1) hour or one -and-one-half (1.5) hours during peak traffic time.

Employees subject to on-call shall receive forty (40) hours of administrative leave credits each fiscal year. There is no cash out or annual roll over for these forty (40) hours of administrative leave. Affected employees will be awarded twenty (20) hours of administrative leave credits on the first pay period in July and January.

Employees assigned to a position requiring restricted on- call after July or January shall receive administrative leave credits on a pro-rated basis.

ARTICLE 9 - VACATION

A. P olicy : It is the intent and purpose of thi s vacation leave policy that all employees avail themselves of accrued vacation time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Polic e Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation accrual.

B. V
acation Accrual :

1. A ccrual Rate: Employees shall accrue paid vacation time on the basis of years of paid service. The accrual rate shall be as follows:

0 – 6 years Eighty-eight (88) hours per year
7+ years Eight additional hours per year to a maximum of two-hundred (200) hours per year.

2. A
ccrual Caps : Except as provided herein, no employee may accrue greater than four hundred (400) vacation hours.

17 The total number of vacation hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a s eparate accrual bank (vacation hours Bank No. 1). The number of vacation hours contained within Bank No. 1 on January 14, 1995 shall not increase except as provided below.

Concurrent with the creation of Bank No. 1, there shall be created a second vacation bank (Bank No.2) that shall have a balance of zero at its inception. Vacation hours accumulated after January 14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 400 hours, then no vacation hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 400 hours.

Only in exceptional circumstances shall an employee be allowed to exceed the maximum vacation accrual. In no case shall an employee’s request to accrue vacation in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash -out provisions of Article 11 of this MOU.

Any approval to accrue in excess of the accrual cap requires a written request from the Po lice Chief to the City Manager stating that the employee will not be authorized to utilize vacation prior to reaching the accrual cap because of Department staffing requirements. The City Manager’s approval is required. The number of hours allowed above the cap shall be in an amount sufficient to allow the employee 60 days to utilize vacation time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.

C. U
se of Vacation Time : Probationary employees shall be author ized to utilize accrued vacation time prior to conclusion of the probationary test period.

Use of vacation time during the calendar year shall be approved by the Chief of Police or his designee, with due regard for the wishes of the employee, the employee's accumulated vacation credits, and particular regard for the needs of the Department. Seniority shall be considered when approving vacation requests from employees. Employees’ vacation requests shall not be limited by the amount of vacation time that the employee will accrue in a calendar year. Employees shall be eligible to submit vacation requests for all eligible vacation hours that the employee has available in their leave banks in addition to the hours they will accrue prior to the use of the vacation leave.

ARTICLE 10 - HOLIDAY

Policy: It is the intent and purpose of this holiday leave policy that all employees avail themselves of accrued holiday time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Police Department may periodically impact the ability of an employee to utilize any or all of his/her annual holiday accrual.

C
urrently and until December 31, 2019, employees of the Police Department who are assigned to work around-the-clock shifts receive thirteen 10-hour (130 hours total) floating "holidays-in-lieu" of specific holidays off. These holidays shall accrue on the following days:

18 Regular: New Year's Day Thanksgiving Day
Washington's Birthday Day After Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Years Eve Day (effective 12/31/2007)
Veteran's Day Admission's Day
Columbus Day

Currently and until December 31, 2019 a ll other unit employees shall receive eleven (10 -hour) paid holidays (see “Regular” holidays listed above), two (10- hour) floating holidays to replace Admission’s Day and Columbus Day. These amounts are the maximum an employee can accrue.

Hold over time and/or overtime greater than assigned hours shall not be applicable to this article.

Effective January 1, 2020, all e mployees shall receive thirteen 10 -hour (130 hours total) “holidays-in-lieu” of specific holidays off. Employees shall accrue 10.84 hours each calendar month of employment in lieu of the above-listed holidays.

Except as provided herein, no employee may accrue greater than two-hundred sixty (260) holiday hours.

The total number of holiday hours accrued on or before January 14, 1995 shall not be subject to the above accrual limitation and shall be placed in a separate accrual bank (Bank No. 1). The number of holiday hours contained within Bank No. 1 shall not increase after January 14, 1995 except as provided below.

Concurrent with the creation of Bank No. 1, there shall be created a second holiday bank (Bank No.2) that shall have a balance of zero at its inception. Holiday hours accumulated after January 14, 1995 shall be deposited in Bank No. 2. Except as provided below, if Bank No. 2 should equal 260 hours, then no holiday hours or cash equivalency shall be earned by the employee until the balance in Bank No. 2 is less than 260 hours.

Only in exceptional circumstances shall an employee be allowed to exceed the maximum holiday accrual. In no case shall an employee’s request to accrue holiday in excess of the accrual cap be granted if the employee has not, within the fiscal year, taken advantage of the cash-out provisions of Article 11 of this MOU. Any approval to accrue in excess of the accrual cap requires a written request from the Police Chief to the City Manager stating that the employee will not be authorized to utilize holiday prior to reaching the accrual cap because of Department staffing requirements.

The City Manager’s approval is required. The number of hours allowed above the cap shall be in an amount sufficient to allow the employee an opportunity to utilize holiday time prior to again reaching the cap. The approved number of hours shall be placed in bank number 1.

ARTICLE 11 - ACCRUAL CASH-OUT

Unit members who use eighty (80) hours (can be combination of administrative leave, vacation and/or holiday) of leave during any fiscal year and who designate to cash-out one hundred (100) hours of accumulated and earned vacation time or holiday time (or a combination thereof) will