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 19, 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 1 82) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.
PUBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].
Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours before a meeting.
Council Chambers are wheelchair accessible.
CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorers
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
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 19, 2023 - Page 2
AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
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:
• Police Department
• Recreation and Community Services
[1.] PRESENTATION
1-A. SAN GABRIEL BASIN WATER QUALITY AUTHORITY (WQA) PRESENTATION
[2.] OLD BUSINESS
2-A. GUN REGULATIONS
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) If desirable, providing direction to the Interim City Manager and City Attorney regarding “next steps”; and
(3) Taking such additional, related, action that may be desirable.
[3.] CONSENT CALENDAR ITEM NOS. 3A-3I
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. MINUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the regular meetings of May 3, 2023 and May 17, 2023 and the special meetings of May 3, 2023, May 17, 2023, May 24, 2023, and June 6, 2023; and (2) Taking such additional, related, action that may be desirable.
3-B. MONTHLY INVESTMENT REPORT – JUNE 2023
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, July 19, 2023 - Page 3 3-C. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE MONTEREY PARK MID-MANAGEMENT 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 Mid-Management Association (“MMA”).
The MMA represents various non-sworn classifications in supervisory and manager positions for the City of Monterey Park;
(2) Taking such additional, related, action that may be desirable. 3-D. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE MONTEREY PARK CONFIDENTIAL EMPLOYEE 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 Confidential Employee Association (“CEA”). The CEA represents various non-sworn confidential classifications in the City of Monterey Park;
(2) Taking such additional, related, action that may be desirable. 3-E. AWARD OF BID FOR THE PURCHASE OF TWO RESCUE AMBULANCES It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute an agreement with Republic EVS, LLC, in a form approved by the City Attorney, to purchase two Rescue Ambulances. Funds were allocated in the Fiscal Year 2023-2024 adopted budget; and (2) Taking such additional, related, action that may be desirable. 3-F. RENEWAL OF CONTRACT WITH WITTMAN ENTERPRISES, LLC
It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute an amendment with Wittman Enterprises, LLC, in a form approved by the City Attorney, to oversee the Fire Department’s billing and collections services. Funds were allocated in the Fiscal Year 2023-2024 adopted budget; and
(2) Taking such additional, related, action that may be desirable. 3-G. AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE NATELSON DALE GROUP CONSULTING FIRM TO ASSIST THE CITY IN UPDATING ITS 2010 ECONOMIC DEVELOPMENT STRATEGIC PLAN AND TO APPROPRIATE $81,620 FROM THE GENERAL FUND TO THE FY2023-24 BUDGET
TO FUND THE PROJECT
It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to enter into a professional services agreement, in the amount of $81,620, with the Natelson Dale Group, a consulting firm, in a form approved by the City Attorney, to assist the City in updating its 2010 Economic Development Strategic Plan;
(2) Appropriating $81,620 from the General Fund to the FY2023 -24 budget for engaging the consulting services of the Natelson Dale Group; and
(3) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, July 19, 2023 - Page 4
3-H. NOTICE OF COMPLETION – 2022 CITY HALL CARPET REPLACEMENT It is recommended that the City Council consider:
(1) Receiving and filing the Notice of Completion recorded by the Public Works Director on July 03, 2023 accepting the 2022 City Hall Carpet Replacement Specification No. 2022 - 02 completed by JJJ Flooring Covering, Inc.; and
(2) Taking such additional, related, action that may be desirable.
3-I. RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF EMERGENCY
REPAIRS OF THE MONTEREY PASS ROAD WATER LINE
It is recommended that the City Council consider:
(1) Receiving and filing the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line; and
(2) Taking such additional, related, action that may be desirable.
[4.] PUBLIC HEARING
4-A. CONSIDERATION AND POSSIBLE ACTION TO INTRODUCE AN ORDINANCE ADDING CHAPTER 21.55 ENTITLED “FIREARM HEALTH PROTECTION ZONE” TO THE
MONTEREY PARK MUNICIPAL CODE
It is recommended that the City Council consider:
(1) Opening the public hearing to receive testimonial and documentary evidence; (2) After receiving verbal and written testimony, close the public hearing; (3) After closing the public hearing and considering the evidence, adopt an urgency ordinance implementing the “Firearm Health Protection Zone” immediately upon a 4/5s vote; (4) After closing the public hearing and considering the evidence submitted during that public hearing, introduce and waive first reading of Ordinance No. _____ adding Chapter 21.55 entitled “Firearm Health Protection Zone” to the Monterey Park Municipal Code; (5) Taking such additional, related, action that may be desirable.
ENVIRONMENTAL ASSESSMENT:
The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq . “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq ., the “CEQA Guidelines”). An Initial Study of Environmental Impacts and Negative Declaration (“ND”) was prepared pursuant to CEQA Guidelines § 15063. The public comment period on the ND was from May 1, 2023 to May 21, 2023.
[5.] NEW BUSINESS – None.
[6.] CITY COMMUNICATIONS (CITY COUNCIL)
6-A. A RESOLUTION OF THE CITY COUNCIL OF MONTEREY PARK IN SUPPORT OF HOUSE RESOLUTION NO. 3681, THE SAN GABRIEL MOUNTAINS PROTECTION ACT (REQUESTED BY MAYOR PRO TEM WONG)
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of Monterey Park in support of House Resolution No. 3681, the San Gabriel Mountains Protection Act; and (2) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, July 19, 2023 - Page 5
[7.] FUTURE AGENDA ITEMS
[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)
ADJOURN
City Council Staff Report
DATE: July 19, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Interim City Manager
Karl H. Berger, City Attorney
SUBJECT: Gun Regulations
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing this report;
2. If desirable, providing direction to the Interim City Manager and City Attorney regarding “next steps”; and
3. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY:
On March 1, 2023, the City Council adopted Resolution No. 2023-R15. Section 3(B) and (C) directed the City Manager and City Attorney to make recommendations regarding various regulations that, if adopted, might reduce the likelihood of an incident similar to that of the Mass Casualty Incident (“MCI”) on January 21, 2023 that killed 11 people, critically injured nine others, and profoundly impacted the entire Monterey Park community. This Staff Report provides the City Council with an overview of the matters that may be subject to local governance. The outline of this Staff Report is reconciled with that of Resolution No. 2023-R15.
BACKGROUND:
Reacting to the MCI, the City Council took several immediate actions to mitigate the long- term effects of that shooting in the community. Among other things, the City Council adopted Resolution No. 2023-R15 that provided a framework for considering various firearms related regulations that might be adopted by the City Council. The Ordinance drafted pursuant to Section 3(A) of that Resolution is part of a separate Agenda Item. This Staff Report considers the 12 specific categories of regulations listed in Section 3(B) and the “catch-all” language of Section 3(C).
Ø Overview of local firearm regulations
Article XI, section 7 of the California Constitution grants each city the power to “make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” This includes the power to enact Old Business -2A
Staff Report
July 19, 2023
regulations that “meet existing conditions of modern life and thereby keep pace with the social, economic, moral and intellectual evolution of the human race.”1 Accordingly, subject to the limitation that regulations avoid conflicts with California law, the police power of a city is as broad as the police power exercised by the state Legislature itself.
As to firearms regulations, California law preempts the City’s police powers in discrete areas but allows local government to govern other substantive areas. Accordingly, the City may not regulate the following:
• Registration or licensing of firearms;
• Manufacture, sale, or possession of imitation firearms; • Banning the manufacture, distribution, transportation, importation, and sale of assault weapons;
• Restrictions on handgun possession in an individual’s home, business, or private property;
• Storing handguns in unattended vehicles; and
• Restriction of certain ammunition sales.
California law does not preempt the following:
• Regulating the display and discharge of firearms by police officers; • Restricting gun dealerships to commercial areas and requiring land use and police permits; and
• Regulating the use of firearms in county parks and recreation areas.
Moreover, California law expressly authorizes cities to approve or deny permits to sell guns.
Ø Resolution No. 2023-R15 – Consideration of various regulations Resolution No. 2023-R15 provided direction in three categories: (1) a buffer zone ordinance; (2) “other” regulations; and (3) recommendations regarding items not considered in March 2023. The buffer zone ordinance is considered in a separate agenda item.
1 Miller v. City of Los Angeles (1925) 195 Cal. 477, 485.
Staff Report
July 19, 2023
It does, however, affect the analysis regarding the “other” regulations in category two.
Specifically, the the Firearm Health Protection Zone contemplated by that Ordinance would require a Conditional Use Permit (“CUP”) for firearms dealers. Such CUPs may include standard conditions of approval that could regulate the following (the numbering corresponds with Resolution No. 2023-R15):
1. Restrict minors’ presence in gun and ammunition stores and require corresponding signage to be posted at entrances to stores.
2. Require firearms dealers to maintain annual sales reports and make them available to law enforcement upon request.
3. Require firearms dealers to maintain a fingerprint log and make it available to law enforcement upon request.
4. Require firearms dealers to maintain and report inventory in real-time and make it available to law enforcement upon request.
5. Require firearms dealers to install and maintain security cameras and make footage available to law enforcement immediately upon request.
6. Require firearms and ammunition dealers to provide purchasers a letter regarding gun owner responsibilities and firearms laws.
7. Requiring signs to be displayed with specific language warning customers about the risk associated with access to firearms at any site where firearm sales or transfers are conducted within the City. Such warning signs would need to be carefully worded
and tailored to be factual.
Other potential regulations that the City Council considered as part of Resolution No. 2023-R15 are listed here:
8. Requiring all firearms in a residence be securely stored in a locked container or disabled with a trigger lock.
There is a historical legal precedent for such regulations. Cases addressing this issue, however, were decided before a 2022 decision by the United States Supreme Court (“SCOTUS”)2 and a Ninth Circuit Appellate Court (“9th Circuit Court”) decision last month3 which altered the method for analyzing regulations affecting the Second Amendment. It is unclear, therefore, whether these regulations would be legally defensible. 2 New York State Rifle & Pistol Assoc., Inc. v. Bruen (2022) __ U.S. ___, 142 S.Ct. 2111. 3 United States v. Alaniz (9th Cir. 2023) 69 F.4th 1124.
Staff Report
July 19, 2023
9. Mandate liability insurance for firearms owners in the City.
The requirement to mandate insurance would be a case of first impression. Under general Second Amendment principles, the requirements could be legally permissible if they are drafted to not be overly burdensome and to be reasonable tailored to achieve the government’s goal. Factors to consider may include the cost it imposes on the firearm owner, the time and administrative burden on the firearm owner, and the development of evidence and reasoning for why the law is necessary and what the overall goal is for the law. If adopted, SB 8 (attached) would impose this requirement at a state level. It is recommended that the City Council postpone any consideration of local regulations.
10. The feasibility of implementing a City firearms database that may be accessed by first responders to protect the health and safety of those individuals and the larger community.
Staff is researching the feasibility of creating a local data base of voluntary firearms registration with state and federal agencies that currently manage those data bases.
There is no current system that can classify ownership of firearms based on a geographical location (such as zip code).
It is unclear whether such regulations would be defensible under either Second Amendment principles or the strict confidentiality laws in California. This would require additional study if the Council wished to consider such regulations.
11. Banning the sale of .50 caliber handguns and ammunition in City.
There is precedent that could arguably support such regulations. Based upon the 2022 SCOTUS and 2023 9
th Circuit Court decisions, however, it is not recommended that the City adopt such regulations.
12. Prohibiting carrying/possession of firearms on all City owned property.
Existing law would support such regulations. If desirable, the City Council may direct drafting of an ordinance that would implement this prohibition.
13. Provide such additional, practical, recommendations for changes in federal, state, or local laws that may help prevent a future MCI but also mitigate the aftershocks of such events. Such recommendations may include, for example, changes to the Internal Revenue Code that facilitate the creation of community funds that may accept – and disburse – tax exempt monies to persons affected by MCIs.
Supporting changes in federal, state, and/or local laws could help municipalities respond more quickly to the needs of their communities with legislation that provides
Staff Report
July 19, 2023
flexibility in funding collection to provide immediate relief to persons impacted by a MCI.
In addition, the creation of legislation that provides direct resources and/or funding reimbursement to be allocated to communities impacted by a MCI to help in response efforts, such as overtime for staff responding to the MCI and aftermath events/activities; activation of resource centers opened to support various services including mental health counseling and healing opportunities for community members; and to purchase various supplies/materials needed to respond to unforeseen expenses directly related to the MCI.
Ø Weapons Confiscation
On April 5, 2023, the City Council gave direction regarding what, if anything, the City could do to further reduce the number of weapons within its jurisdiction. A copy of that Staff Report is attached (without its exhibits).
In sum, there are three means by which weapons may be confiscated by law enforcement:
o Mental Condition (Welfare and Institutions Code §§ 5150 and 8102): law enforcement is required to confiscate firearms or other deadly weapons found to be in the possession or under the control of an individual, when there is probable cause to believe that the individual represents some danger to themselves and was taken into custody for examination of their mental condition.
o Domestic Violence (Penal Code § 18250): law enforcement officers witnessing domestic violence involving a threat to human life or physical assault where the officer reasonably believes that the return of the firearm or other deadly weapon would be likely to result in endangering the victim or the person reporting the assault or threat.
o Gun Violence Restraining Order (Penal Code §§ 18100-18205): this is a civil procedure for obtaining a court order, i.e., a Gun Violence Restraining Order. This involves petitioning the court when a person believes someone is an "immediate and present danger" to themselves or others. A judge may then order a person to temporarily give up possession of firearms and ammunition (including magazines) for 21 days, subject to a 1-year extension.
Note that California Senate Bill 320 (October 2021) amends Family Code § 6322.5 to allow for law enforcement agencies to confiscate firearms of a person found to be a “prohibited person” based on certain domestic violence, family law, and other felony convictions. The current program is managed by the Los Angeles District Attorney and requires enforcement form local jurisdictions where the prohibited lives.
Staff Report
July 19, 2023
FISCAL IMPACT:
The fiscal impact will depend upon what, if anything, the City Council directs as to additional regulations.
Respectfully submitted by: Reviewed by:
Inez Alvarez, Interim City Manager Karl H. Berger, City Attorney ATTACHMENTS:
1. SB 8
2. April 5, 2023 - Staff Report without Exhibits
Staff Report
July 19, 2023
ATTACHMENT 1
SB 8
AMENDED IN SENATE MARCH 23, 2023
AMENDED IN SENATE MARCH 7, 2023
SENATE BILL No. 8
Introduced by Senators Blakespear and Skinner
(Principal coauthor: Senator Portantino)
December 5, 2022
An act to add Section 3343.8 to the Ci vil Code, and to add Article
4.5 (commencing with Section 11627.5) to Chapter 1 of Part 3 of Division 2 of the Insurance Code, relating to civil law. insurance. legislative counsel’s digest
SB 8, as amended, Blakespear. Civil law: firearms Firearms liability and insurance.
Existing law prescribes various civil causes of action and the measure of damages for those actions.
Existing law requires any person who purchases or receives a firearm, as specified, to possess a firearm safety certificate. Existing law requires the Department of Justice to develop a written test required for the issuance of a firearm safety certificate. Existing law makes the violation of specified requirements with regard to firearms a misdemeanor or a felony, as specified.
This bill would, commencing on January 1, 2025,
make a person who
owns a firearm ci villy liable for each incidence of property damage, bodily injury , or death resulting from the use of their firearm, as specified. This bill w ould provide that this liability does not apply if the owner of the firearm has reported their firearm as lost or stolen, as specified. The bill w ould additionally require a person who owns a firearm to obtain and continuously maintain in full force and effect a homeowner’s, renter’s, or gun liability insurance policy specifically 97
covering losses or damages resulting from any negligent or accidental use of that firearm, including, but not limited to, death, injury, or property damage. This bill would require a person to keep written evidence of coverage in the place where a firearm is stored.
The bill would also require the Insurance Commissioner to set the minimum coverage for a policy required by the bill and to develop a standardized form of evidence of liability coverage.
V ote: majority.
Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 3343.8 is added to the Civil Code, to line 2 read:
line 3 3343.8. (a) (1) A person who owns a firearm shall be civilly line 4 liable for each incidence of property damage, bodily injury , or line 5 death resulting from the use of their firearm.
line 6 (2) This subdivision does not apply if the firearm is lost or stolen line 7 and the o wner has complied with Division 4.5 (commencing with line 8 Section 25250) of Title 4 of Part 6 of the Penal Code. line 9 (3) This subdivision does not apply to the use of a firearm in line 10 justified self-defense or defense of another person. line 11 (b) A person who owns a firearm shall obtain and continuously line 12 maintain in full force and ef fect a homeowner’s, renter’s, or gun line 13 liability insurance polic y from an insurer that is authorized to do line 14 b usiness in this state, specifically co vering losses or damages line 15 resulting from the use of that firearm, including, b ut not limited line 16 to, death or injury to another , including without limitation a line 17 household member , guest, or invitee, and property damage. line 18 (c) This section does not require an insurer to defend or line 19 indemnify the insured be yond the terms or limits of their policy. line 20 (d) A person who owns a firearm shall k eep valid and current line 21 written e vidence of the co verage described in subdi vision (b) line 22 readily a vailable at the location where each firearm is stored. line 23 (e) As used in this section, “firearm” has the same meaning as line 24 in subdi vision (a) of Section 16520 of the Penal Code. line 25 (f) This section shall become operative on January 1, 2025. 97 — 2 — SB 8
line 1 SEC. 2.
line 2 SECTION 1. Article 4.5 (commencing with Section 11627.5) line 3 is added to Chapter 1 of Part 3 of Division 2 of the Insurance Code, line 4 to read:
line 5
line 6 Article 4.5. Firearm Liability Insurance
line 7
line 8 11627.5. (a) A person who owns a firearm shall obtain and line 9 continuously maintain in full force and effect a homeowner’s, line 10 renter’s, or gun liability insurance policy from an insurer that is line 11 authorized to do business in this state, specifically covering losses line 12 or damages resulting from the use of that firearm, including, but line 13 not limited to, death or injury to another, including without line 14 limitation a household member, guest, or invitee, and property line 15 damage.
line 16 (b) This section does not require an insurer to defend or line 17 indemnify the insured beyond the terms or limits of their policy. line 18 (c) A person who owns a firearm shall keep valid and current line 19 written evidence of the coverage described in subdivision (a) line 20 readily available at the location where each firearm is stored. line 21 (d) As used in this section, “firearm” has the same meaning as line 22 in subdivision (a) of Section 16520 of the Penal Code. line 23 (e) This section shall become operative on January 1, 2025. line 24 11627.5.
line 25 11627.6. (a) The Commissioner shall, by no later than line 26 December 31, 2024, develop a standard form of evidence of line 27 liability coverage for a policy of insurance that satisfies the line 28 requirement for coverage prescribed in Section 3343.8 of the Civil line 29 Code. 11627.5.
line 30 (b) The Commissioner shall, by no later than July 1, 2024, set line 31 minimum coverage requirements for a policy described in Section line 32 3343.8 of the Ci vil Code. 11627.5.
O
97 SB 8 — 3 —
Staff Report
July 19, 2023
ATTACHMENT 2
April 5, 2023 - Staff Report without Exhibits
City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Thomas Wong, Mayor Pro Tem
SUBJECT: Request for future agenda item regarding Gun Violence Restraining Orders (“GVRO”) and Potential Actions for Reducing Weapons within the City’s jurisdiction
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receive and file this report;
2. Direct the City Manager and City Attorney to propose potential actions on a future meeting agenda regarding what the City can do to increase public awareness regarding GVROs and/or take action to reduce the number of guns within the City’s jurisdiction; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
After the mass shooting in January, the City Council took a number of actions to make a difference in reducing the incidents of gun violence within the Monterey Park community.
Among other things, the City Council adopted Resolution No. 2023-R15 on March 1, 2023 (see attached) which directs the City Manager and City Attorney to draft an ordinance for the City Council’s consideration and provide a report on what more might be done to reduce gun violence.
We should do more. Attached for the City Council’s review is information regarding GVROs and how one may obtain them. We should find out if the City can do anything to help inform the public about this resource and, if so, how.
Additionally, we should ask for a report regarding whether the City can step up efforts to legally remove weapons from the community. Since 2018, only 13 weapons were either accepted or removed (by California law) by the Police Department from individuals identified as having potential mental health issues. Is there something more that can be done? And how much would that cost?
Please join me in providing this direction to the City Manager and City Attorney.
City Communications - 6A
City Council Staff Report
TO:
FROM:
The Honorable Mayor and City Council
SUBJECT: Minutes
RECOMMENDATION:
It is recommended that the City Council consider:
1. Approving the minutes from the regular meetings of May 3, 2023 and May 17, 2023 and the special meetings of May 3, 2023, May 17, 2023, May 24, 2023, and June 6, 2023
; and
2. Taking such additional, r
elated, action that may be desirable.
EXECUTIVE SUMMARY:
None.
BACKGROUND:
None.
FISCAL IMPACT:
None.
R
espectfully submitted, Prepared by:
Maychelle Yee
City Clerk
Helena Cho
Assistant Deputy City Clerkk
Approved By:
Inez Alvarez
Interim City
Manager
ATTACHMENT(S):
1. Draft Minutes
Maychelle Yee, City Clerk
DATE: July 19, 2023
AGENDA ITEM NO: Consent Calendar - 3A
Staff Report
July 19, 2023
ATTACHMENT 1
Draft Minu
tes
71-XX
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
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
SPECIAL MEETING
MAY 3, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in Room 266, Second Floor of City Hall located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 3, 2023 at 5:30 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 5:30 p.m.
ROLL CALL:
Mayor Sanchez called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez , Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT: City Manager Ron Bow, City Attorney Karl Berger, Assistant City Manager Inez Alvarez (for Item Nos 1A-1C only), Director of Finance Martha Garcia (for Item No. 1A only)
PUBLIC COMMUNICATIONS: None.
1. CLOSED SESSION
The City Council adjourned to Closed Session at 5:30 p.m.
1-A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE§ 54956.8: two items
Properties:
601 Potrero Grande Drive, AIN 5265 -025-058; and 2100
Saturn Street, AIN 5265-026-055
City Negotiators: Ron Bow, City Manager
Karl H. Berger, City Attorney
Inez Alvarez, Assistant City Manager
Martha Garcia, Finance Director
71-XX
May 3, 2023
Negotiating Party:
601 Potrero Grande Drive - BHE 601 Potrero Grande LLC/BH Properties, LLC
2100 Saturn Street - BHE 601 Potrero Grande LLC/ BH
Properties, LLC
Under Negotiation: Lease terms, purchase price, and terms of payment
1-B. CONFERENCE WITH LEGAL COUNSEL, INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)). Number of Potential Cases: One.
Potential Defendants (voluntarily disclosed; not legally required):
Center Int’l Investments, Inc.
Pacific Regent Enterprises
H Keng
Jun Fan “Frank” Zhang
Hsiao Chi Hsu
Willis Do
Karrie On
Chau On
Does 1-30
1-C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Threat of litigation pursuant to Government Code § 54956.9(d)(2)): 1 matter.
FACTS AND CIRCUMSTANCES: Occurrences relating to January 21, 2023 Mass Casualty Incident.
1-D. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6):
1 item
Employee
Organization:
City Manager (unrepresented)
City Negotiators: City Attorney
RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present.
The meeting was adjourned at 6:31 p.m.
Action Taken: No reportable action taken in Closed Session.
__________________
Maychelle Yee
City Clerk
71-XXX
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
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
REGULAR MEETING
MAY 3, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 3, 2023 at 6:30 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 6:37 p.m.
FLAG SALUTE:
The Monterey Park Fire Explorers
ROLL CALL:
City Clerk Maychelle Yee called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT: City Attorney Karl Berger, City Manager Ron Bow, City Treasurer Amy Lee, Assistant City Manager Inez Alvarez, Director of Public Works Shawn Igoe, Director of Finance Martha Garcia, Police Chief Scott Wiese, Fire Chief Matthew Hallock, Director of Human Resources and Risk Management Christine Tomikawa, Director of Community Development Jessica Serrano, Director of Recreation and Community Services Robert Aguirre, Finance Manager Laura Borjon, Economic Development Manager Joseph Torres, Recreation Manager Christina Alatorre, Literacy Coordinator Victor Castellanos, Senior Accountant Terry Kim, Officer DeLon Lam, Assistant Deputy City Clerk Helena Cho
VIRTUALLY PRESENT: City Librarian Diana Garcia
AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
None.
71-XXX
May 3, 2023
PUBLIC COMMUNICATIONS
- Rick Eng, representing LA vs. Hate Program, President of the Los Angeles Chapter of the Chinese American Citizens Alliance (CACA), and member of the Monterey Park Healing Fund stated that he received sympathy and condolence cards/letters in wake of the January mass casualty incident from students at Rutgers University’s student organization known as Queer and Asian Alliance.
He provided the City Clerk cards/letters to forward to the City Council. He also spoke about CACA involvement working with Congress on the passage of the Congressional Gold Medal to Chinese American Veterans of World War II. He announced that the Library of Congress will be in the City of Santa Monica and City of Alhambra to conduct interviews with Asian American Veterans.
- Nancy Arcuri inquired when the City Council will take action on a possible zone change for the Market Place shopping center.
- Larry Sullivan invited the community to attend the Lions Club Breakfast on May 20 th from 8 am – 11 am in conjunction with the city’s Fire Service Day.
STAFF COMMUNICATIONS
- Library: Literacy Coordinator Castellanos provided updates on the various events at the library: Play Days Read and Ride program, Homework Assistance Program, Computer Classes in Spanish, Citizenship Workshop by the Asian Americans Advancing Justice, Child & Teen Mental Health Seminar, Mental Health & Wellness Fair.
- Police Department: Officer Lam from the Neighborhood Engagement Team (NET) spoke about the city’s homeless engagement and mental health calls. He provided the 2023 statistical data. Officer Lam along with Police Chief Wiese spoke about the department’s effort to revitalize the Neighborhood Watch Program.
- Recreation and Community Services: Director of Recreation and Community Services Aguirre introduced the new Recreation Manager Christina Alatorre and provided information on upcoming events: MPK Night at Dodger Stadium on June 23
rd, Tribute to Cinco De Mayo on May 11 th at Barnes Park, Play Days Birthday Carnival on May 11th – May 14th.
1. PR
ESENTATION
The matters listed under presentation are informational content and for discussion only.
71-XXX
May 3, 2023
1-A. MONTEREY PARK COMMUNITY HEALING FUND UPDATE
City Treasurer Lee provided the City Council and the community with an update on the Monterey Park Community Healing Fund. She announced that the Community Healing Fund will start providing small financial grants to witnesses of the Star Ballroom Dance Studio. She mentioned that the Asian Americans Advancing Justice organization has raised over $1 million dollars and those funds are going to family members of the deceased and those injured. The Community Healing Fund recognized that witnesses are also suffering emotionally, and the organization would like to offer a mechanism for those individuals to apply for financial grants.
2. O
LD BUSINESS - None
3. CO
NSENT CALENDAR ITEMS 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.
This item was heard after Agenda Item No. 5A.
Action Taken: The City Council approved and adopted Agenda Item Nos . 3A, 3C, 3E, 3I, 3J, and 3K on consent calendar, excluding Item Nos. 3B, 3D, 3F, 3G and 3H which were pulled for discussion, separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.
Motion: Moved by Council Member Ngo and seconded by Mayor Pro Tem Wong, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-A. MINUTES
Approving the minutes from the special and regular meetings of April 5, 2023, the special meeting of April 8, 2023 and April 10, 2023.
Action Taken: The City Council approved the minutes from the special and regular meetings of April 5, 2023, the special meeting of April 8, 2023 and April 10, 2023, on Consent Calendar.
71-XXX
May 3, 2023
3-B. 2021-2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT
The City’s auditor, CliftonLarsonAllen LLP (CLA), an independent auditor and one of the nation’s leading CPA firms, completed the audit of the City’s annual financial statements for the fiscal year ending June 30, 2022. The audited financial statements are incorporated into an ACFR.
This is the 7
th year, CLA audited the City’s financial records. The auditor issued an unmodified (“clean”) opinion on the City’s financial statements. An unmodified opinion indicates that the financial data of the City is fairly presented in accordance with accounting principles generally accepted in the United States of America (or “GAAP”) and the standards applicable to the financial audits contained in Government Audit Standards, issued by the Comptroller General of the United States. These standards require that the auditors plan and perform the audit to obtain reasonable assurance as to whether the financial statements are free of material misstatement and accurately reflects the City’s financial position.
Additionally, the auditors’ report does not indicate any negative findings, internal control deficiencies or instances of noncompliance with applicable laws and regulations.
Discussion: Director of Finance Garcia provided a PowerPoint Presentation summarizing the city’s ACFR and was available for questions.
Action Taken: The City Council received and filed the City’s 2021- 2022 Annual Comprehensive Financial Report (ACFR).
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Ngo, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-C. AUTHORIZING MAYOR TO SIGN A LETTER ON BEHALF OF THE CITY SUPPORTING ASSEMBLY BILLS 1406 (MCCARTY) AND 1420 (BERMAN)
On January 21, 2023, the City of Monterey Park experienced a Mass Casualty Incident (MCI) where 20 people were shot. Eleven of those community members died. As our community struggles with the challenge of working through this tragedy, fellow citizens and residents in California and the rest of the country continue to be confronted with substantially similar MCIs.
71-XXX
May 3, 2023
Action Taken: The City Council authorized the Mayor to sign a letter on the City’s behalf supporting Assembly Bill (AB) 1406 (McCarty) and AB 1420 (Berman) , on Consent Calendar.
3-D. LAND ACKNOWLEDGMENT STATEMENT
A Land Acknowledgment is a statement that recognizes and respects Indigenous Peoples as traditional stewards of lands, expresses gratitude and appreciation to those groups, and honors the Indigenous people who have lived and worked on the land for centuries. Land Acknowledgments are a common practice in both Australia and Canada and are increasingly being adopted by city, county, and state governments in the United States.
Staff met with representatives from the Gabrieleño/Tongva San Gabriel Band of Mission Indians to learn more about their recommendations for Land Acknowledgment language and practices. Based on our discussions, staff proposes the following Land Acknowledgment statement which has been reviewed and approved by the Gabrieleño/Tongva San Gabriel Band of Mission Indians:
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 their 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.
Public Speakers:
- Mona Morales Recalde, member of the San Gabriel Band of Mission Indians, partnered with the City to draft a Land Acknowledgement statement. She stated that this statement acknowledges that the ancestral land in which the City is on is Gabrieleño/Tongva land. She requested the City Council’s consideration in adopting the Land Acknowledgement.
Action Taken: The City Council approved and adopted a Land Acknowledgement statement as amended to add the Land Acknowledgement language to all public meeting agendas and for it to be read at city events.
Motion: Moved by Mayor Sanchez and seconded by Council Member Lo, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XXX
May 3, 2023
3-E. NATIONAL CORRECTIONAL OFFICERS WEEK RESOLUTION
The Monterey Park Police Department is celebrating the week of May 7-13, 2023, as National Correctional Officers Week. In 1984, President Ronald Regan announced the first week in May as National Correctional Officers Week, and it has been celebrated annually ever since. It honors the thousands of men and women responsible for managing those brought into custody by law enforcement and awaiting trial. These individuals face difficult and often dangerous work environments and play a vital role in the criminal justice system. We are enlisting your support in the form of a resolution to honor these men and women in our area for their work every day to protect the residents of Monterey Park.
Action Taken: The City Council adopted Resolution No. 2023-R30 declaring the week of May 7 -13, 2023 to be National Correctional Officers Week in the City of Monterey Park, on Consent Calendar.
Resolution No. 2023-R30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 7-13, 2023, NATIONAL CORRECTIONAL OFFICERS WEEK
IN MONTEREY PARK
3-F. NATIONAL POLICE WEEK RESOLUTION
The Monterey Park Police Department is celebrating the week of May 15-21, 2023, as National Police Week. In 1962, President John F. Kennedy proclaimed May 15 th
as National Peace Officers Memorial Day and the calendar week in which May 15th falls, as National Police Week. Na tional Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others and is a collaborative effort of many organizations dedicated to honoring America’s law enforcement community. We are enlisting your support in the form of a resolution to honor these men and women in our area for the work that they do every day to protect the residents of Monterey Park.
Action Taken: The City Council adopted Resolution No. 2023-R31 declaring the week of May 15-21, 2023 to be National Police Week in the City of Monterey Park.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XXX
May 3, 2023
Resolution No. 2023-R31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 15 -21, 2023, NATIONAL POLICE WEEK IN MONTEREY PARK
3-G. PUBLIC WORKS WEEK AND LOGO RESOLUTION
The City is celebrating the week of May 21- 27, 2023, as Public Works Week in Monterey Park. This week marks the 63 rd annual National Public Works Week sponsored by the American Public Works Association, which recognizes Public Works professionals. The 2023 National Public Works Week theme is “Connecting the World through Public Works”, highlighting the way public works professionals connect us physically, through infrastructure, and inspirationally, through service to their communities, whether as first responders, or daily workers carrying out their duties with pride.
Action Taken: The City Council adopted Resolution No. 2023-R32 declaring the week of May 21 through 27, 2023 as Public Works Week in Monterey Park ; and adopted Resolution No. 2023-R33 adopting a Public Works logo to be used by the Public Works Department for official purposes.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2023-R32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 21 -27, 2023 AS PUBLIC WORKS WEEK IN MONTEREY PARK
Resolution No. 2023-R33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK
FORMALLY ADOPTING A PUBLIC WORKS DEPARTMENT LOGO
3-H. TREE MEMORIAL PROGRAM RECOMMENDATION FOR FRED SORNOSO
At the April 29
th City Council meeting, the City Council nominated former Mayor Pro Tem Fred Sornoso for the Tree Memorial Recognition Program for his dedication and service to the community. Tree Memorial honorees are nominated based on the criteria established in Resolution Nos. 10485 and 11484 (Attachment 1 to the staff report).
71-XXX
May 3, 2023
If approved by City Council, Mr. Fred Sornoso will be honored with a Tree Memorial for his service and positive impact on the Monterey Park community.
Action Taken: The City Council authorized the City Manager to take actions needed to honor former Mayor Pro Tem Fred Sornoso with a memorial tree.
Motion: Moved by Council Member Yiu and seconded by Council Member Lo , motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-I. WAIVE FURTHER READING AND ADOPT AN ORDINANCE AMENDING TITLE 13, CHAPTER 12 OF THE MONTEREY PARK MUNICIPAL CODE (“MPMC”) IN
ITS ENTIRETY TO REGULATE ENCROACHMENTS WITHIN THE PUBLIC
RIGHT-OF-WAY
MPMC Chapter 13.12 regulates encroachments and construction within all public right of ways within the City. The regulations under this chapter were first implemented in the 1980s and are stale in comparison to industry standards. The proposed ordinance updates regulations for excavations and encroachments on, over, and under public rights-of-ways and public service easements.
The Ordinance was introduced and received first reading at the April 19, 2023 City Council meeting. The original staff report (from April 19, 2023) is attached to the staff report for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the Ordinance will rake effect in 30 days.
Action Taken: The City Co uncil waived the second reading and adopted Ordinance No. 2229, on Consent Calendar.
Ordinance No. 2229
AN ORDINANCE AMENDING TITLE 13, CHAPTER 12 OF THE MONTEREY
PARK MUNICIPAL CODE TO REPEAL AND REPLACE PROVISIONS AND
PROCEDURES GOVERNING ENCROACHMENTS INTO PUBLIC STREETS,
EASEMENTS, AND RIGHT OF WAYS
71-XXX
May 3, 2023
3-J. CALIFORNIA ENERGY COMMISSION CALIFORNIA AUTOMATED PERMIT
PROCESSING (CALAPP) PROGRAM GRANT
The California Energy Commission’s CalAPP Grant Program, funded by $20 million from the California Budget Act of 2021 authorized by Senate Bill 129, is intended to help cities and counties establish an online, automated solar permitting system. The City qualifies for a $60,000 grant to reimburse the City for staff or consultant time associated with implementing the solar permitting software, among others. Expediting solar permits will help the City comply with the Solar Access Act and will advance the City’s Going Green efforts towards promoting sustainability within the City.
The application deadline was May 1, 2023 and funds are awarded on a first-come, first-served basis. Staff submitted our CalAPP Program Grant application on April 19, 2023 to meet this deadline. This is a reimbursable grant that allows for reimbursements through May 1, 2027.
If adopted, the proposed resolution would retroactively authorize the City Manager, or designee, to apply for the CalAPP Program Grant, to execute the grant agreement, and to implement a budget amendment if the City is awarded funds.
Action Taken: The City Council adopted Resolution No. 2023- R34 retroactively authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the California Energy Commission’s California Automated Permit Processing (CalAPP) Program Grant, on Consent Calendar.
Resolution No. 2023-R34
A RESOLUTION RETROACTIVELY AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE ENERGY COMMISSION’S CALIFORNIA AUTOMATED PERMIT PROCESSING (CalAPP) PROGRAM
3-K. HSIP CYCLE 9 GARFIELD AVENUE TRAFFIC SIG NAL IMPROVEMENTS PROJECT – AWARD OF CONTRACT
Per Resolution 2022- R32, the Public Works Director solicited bids for Capital Improvement Project No. 96028. The bid opening was held on March 23, 2023.
Staff completed review of bids and recommends that the c ontract be awarded to PTM General Engineering Services, Inc., the lowest responsible bidder, in the amount of $428,028 plus 9% contingency.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant
71-XXX
May 3, 2023
expansion of the existing use. The Project is not anticipated to have any significant impacts with regards to traffic, noise, air quality or water quality.
Action Taken: The City Council authorized the City Manager to execute a public works contract, in a form approved by the City Attorney, with PTM General Engineering Services, Inc. of Riverside in the contract amount of $428,028 for the HSIP Cycle 9 Garfield Avenue Traffic Signal Improvements, Specification No. 2022-016; and authorized the Director of Public Works to approve change orders and contingency up to $37,572 , or 9% of the contract amount , on Consent Calendar.
4. PUBLIC HEARING - None
5. NEW BUSINESS
5-A. REAPPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES
The term for the Library Board of Trustees is three years with the possibility of reappointment for one additional consecutive three-year term.
Jennifer Tang’s first term on the Library Board of Trustees will end June 30, 2023.
If reappointed, she will serve through June 30, 2026.
This item was heard after Presentation, Agenda Item No. 1A.
Public Speakers:
- Jennifer Tang, President of the Library Board of Trustees , requested that the City Council consider her reappointment for a 2
nd term on the board. She spoke
about the various programs and services that she has worked on in the library for its patrons.
Action Taken: The City Council reappointed incumbent Library Board of Trustee Jennifer Tang for a second term.
Motion: Moved by Council Member Lo and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XXX
May 3, 2023
6. CITY COMMUNICATIONS (CITY COUNCIL)
6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 6, 2023 THE DAY OF INCLUSION OF THE 141
ST
ANNIVERSARY OF THE PASSAGE OF THE CHINESE EXCLUSION ACT AND RECOGNIZING AND HONORING THE MONTH OF MAY 2023 AS ASIAN
AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
Action Taken: The City Council adopted Resolution No. 2023-R35 declaring May 6, 2023 the Day of Inclusion of the 141
st anniversary of the passage of the Chinese
Exclusion Act and recognizing and honoring the month of May 2023 as Asian American and Pacific Islander Heritage Month.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Lo, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2023-R35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 6, 2023 THE DAY OF INCLUSION OF THE 141
ST
ANNIVERSARY OF THE PASSAGE OF THE CHINESE EXCLUSION ACT AND RECOGNIZING AND HONORING THE MONTH OF MAY 2023 AS ASIAN
AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
6-B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 18, 2023 AS NATIONAL ASIAN AMERICAN AND PACIFIC
ISLANDER DAY AGAINST BULLYING AND HATE
Action Taken: The City Council adopted Resolution No. 2023-R36 declaring May 18, 2023 as National Asian American and Pacific Islander Day Against Bullying and Hate.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XXX
May 3, 2023
Resolution No. 2023-R36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 18, 2023 AS NATIONAL ASIAN AMERICAN AND PACIFIC
ISLANDER DAY AGAINST BULLYING AND HATE
COUNCIL COMMUNICATIONS
Council Member Lo stated his attendance at the San Gabriel Valley Public Affairs Network on April 20
th. He also announced that he attended a luncheon at NBC Seafood Restaurant on April 21 st hosted Assembly Member Mike Fong and i n attendance were Assembly S peaker Designee Robert Rivas, Assembly Member Josh Lowenthal and Blanca Pacheco who toured the San Gabriel Valley area. He also communicated that he went to Earth Day on April 22nd hosted by the Alhambra Youth Democrats; and also attended a Trans Day Visibility event in the City of El Monte sponsored by the San Gabriel LGBT Center; Monterey Park Police Departments Town Hall Meeting on April 26
th; Monterey Park Women’s Club
Charity Fashion Show; and the Alhambra Unified School Districts (AUSD) reading event.
Council Member Yiu spoke of her attendance at the Monterey Park Women’s Club Charity Fashion Show; announced her election as the Vice P resident of the Chinese Elected Officials (CEO); attended the birthday celebration for former Council Member David Lau; and a press conference held by Assembly Member Mike Fong on gun safety and emergency response legislation AB732, AB733, and AB1638.
Council Member Ngo said he attended the following events: a luncheon at NBC Seafood Restaurant on April 21
st hosted Assembly Member Mike Fong; the Manta
Ray’s swimathon; Monterey Park Police Departments Town Hall Meeting on April 26 th; Monterey Park Women’s Club Charity Fashion Show; and the AUSD Read Across American event.
Mayor Pro Tem Wong stated he also attended many of the events that the other Council Members cited: Assembly Member Mike Fong’s press conference, Monterey Park Women’s Club Fashion Show, AUSD Read Across America event, and the Manta Ray’s swimathon,
Mayor Sanchez said he also attended many of the same events as the Council mentioned. He stated that he attended a community prayer walk with local pastors as part of the city’s healing event. Mayor Sanchez requested the consideration of invocations from all faiths at the commencement of City Council meetings. Council Member Lo added to include a ceremony from the Gabrieleño/Tongva tribe. He commented on a meeting with Mayor David Torres from the City of Montebello to discuss local concerns and collaboration efforts . He announced that he also attended the AUSD Alhambra Teachers Association (ATA) Read Across American
71-XXX
May 3, 2023
Event and an anti-gun rally in the City of Alhambra where he had the opportunity to meet the author of Senate Bill (SB) SB710.
7. FUTURE AGENDA ITEMS
Mayor Pro Tem Wong requested the discussion on SB710.
8. CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE) None.
ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 8: 58 p.m.
__________________________
Maychelle Yee
City Clerk
71-XX
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
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
SPECIAL MEETING
MAY 17, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in Room 266, Second Floor of City Hall located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 17, 2023 at 5:30 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 5:31 p.m.
ROLL CALL:
Mayor Sanchez called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez , Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT: City Manager Ron Bow, City Attorney Karl Berger, Assistant City Manager Inez Alvarez, Director of Finance Martha Garcia, Director of Human Resources and Risk Management Christine Tomikawa
VIRTUALLY PRESENT: Steve Berliner of Liebert Cassidy & Whitmore
PUBLIC COMMUNICATIONS: None.
1. CLOSED SESSION
The City Council adjourned to Closed Session at 5:31 p.m.
1-A. CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54957.6
City Negotiators: Steve Berliner and Christine Tomikawa
71-XX
May 17, 2023
Employee
Organizations:
Confidential Employees' Association, Firefighters'
Association, Mid-Management Association, Police Captains' Association, Police Officers' Association, Police Officers' Mid-Management Association, Professional Chief Officers' Association, and Service Employees International Union, Local 721
RECO
NVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present.
The meeting was adjourned at 6:28 p.m.
Ac
tion Taken: No reportable action taken in Closed Session. ______
____________
Maychelle Yee
City Clerk
71-XX
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.
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
REGULAR MEETING
MAY 17, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 17 , 2023 at 6:30 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 6:36 p.m.
FLAG SALUTE:
The Police Explorers called the flag salute.
ROLL CALL:
City Clerk Maychelle Yee called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT:, City Manager Ron Bow, Assistant City Manager Inez Alvarez, Police Chief Scott Wiese , City Librarian Diana Garcia, Director of Public Works Shawn Igoe, Director of Recreation and Community Services Robert Aguirre, Director of Finance Martha Garcia, Community Developm ent Director Jessica Serrano , Director of Human Resources and Risk Manager Christine Tom ikawa, Economic Project Manager Joseph Torres, Battalion Chief Chris Thompson, Fire Captain Scott Kelley, Finance Manager Laura Borjon, Recreation Manager Christine Alatorre, Deputy City Clerk Cindy Trang
VIRTUALLY PRESENT: City Att orney Karl Berger, Artist DJ Javier, Los Angeles Rams Associate Manager Mary Morales, Artist’s Manager Lea Sindija, Lead Partner of Pun Group LLP Kenneth Pun, Engagement Manager of Pun Group LLP Mark Hu
AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
None.
PUBLIC COMMUNICATIONS
71-XX
May 17, 2023
- Larry Sullivan and Fire Captain Kelley invited the public to the Monterey Park Lions Club Pancake Breakfast Fundraiser in conjunction with the Monterey Park Fire Department Fire Service Day on May 20.
- Jorge Rivera, representing Healing and Justice Center, shared a flyer and spoke about digital equity including internet and broadband access.
- Nancy Acuri requested for a progress report on the development located at 126 North New Avenue and inquired on what the city is doing to promote and attrac t businesses to the shopping center on South Atlantic Blvd.
- Jesus Hernandez, representing Service Employees International Union (SEIU) 721, requested for a fair contract, a fair cost of living adjustment, and to match their numbers.
- Lauren Frazier , representing SEIU 721, said that the City’s current offering in salary is unexceptionally low. She stated that SEIU is the lowest paid full time employees, and with the unprecedent level of inflation and cost of living increases, the small increases don’t go very far. She pleaded with the Council to support their effort for fair wages.
- David Zapata, City employee, said that cents don’t help with living the American dream and what used to be a job that kept a person in middle class seems harder to reach. He pointed out the large turnover in his department in the past year. He asked the City Council for help.
- John Lieu, City employee, said there are many turnovers and suggested that with a fair deal, the City will be able to retain and attract new employees.
- Maychelle Yee, resident, asked that items be channeled through the appropriate board and commission and properl y reviewed. She alleged that the City is attempting to censor her by charging her with violating the City’s Code of Conduct without telling her what she was accused of . She requested the investigation be conducted publicly and televise. She stated that she felt pressured during a council meeting and signed the Code of Conduct under distress and now rescinded her submission.
- Teresa Real Sebastian spoke in support of SEIU. She commented on the right to speak and encouraged all the elected officials to speak their mind.
STAFF COMMUNICATIONS
- Public Works: Director of Public Works Igo reminded everyone that the week of May 21 through May 27, 2023 is Public Works Week, and invited the public to the Public Works Open House at the City Yard on May 25.
71-XX
May 17, 2023
- Recreation and Community Services Department: Recreation Manager Alatorre thanked the residents and staff for the successful collaborative celebration of Cinco de Mayo, Farmers’ Market, and Play Days Birthday Carnival event. She reported 512 participates in the Library’s Reading and Ride program with 299 tickets redeemed for use on rides at Play Day. City Librarian Garcia invited the community to attend the Mental Health & Wellness Fair on May 20 at t he Langley Center.
Recreation Manager Alatorre provided an update on upcoming events: Senior Prom Dance on May 25, Memorial Day Ceremony on May 29 at the American Legion Post 397, swim lessons registration beginning May 30, 3 rd Annual Pride
event at Barnes park on June 3, MPK Night at Dodger Stadium on June 23, Hollywood Bowl Trip featuring Kool & the Gang and the Village People on July 15.
1. PR
ESENTATION
Matters listed under presentation are informational content and for discussion only.
1-A. MONTEREY PARK COMMUNITY HEALING FUND UPDATE
Assistant City Manager Alvarez, on behalf of the fund administrator, provided an update on the Healing Fund. She reported that the Committee is accepting applications through the end of July 2023, to provide small financial grants to witnesses of the January 21 shooting incident. She said the Committee converted to monthly meeting and the Committee extended its thanks to the Mark Keppel students for managing the wishing tree at the Play Days event.
2. O
LD BUSINESS
None.
3. CO
NSENT CALENDAR ITEMS NOS. 3A-3L
All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.
Action Taken: The City Council approved and adopted A genda Item No s. 3A, 3C, 3D, 3E, 3F, 3J, and 3L on Consent Calendar, excluding Item Nos. 3B, 3G, 3H, 3I and 3K which were pulled for discussion, separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.
71-XX
May 17, 2023
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Ngo, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-A. MONTHLY INVESTMENT REPORT – APRIL 2023
As of April 30, 2023 invested funds for the City of Monterey Park is $82,252,355.16.
Action Taken: The City Council received and filed the monthly investment report, on Consent Calendar.
3-B. AUDITING SERVICES AGREEMENT
The City of Monterey Park posted a Request for Proposals (RFP) seeking Professional Auditing Services. The RFP was sent out to eleven auditing firms and was posted on the City Website. Three firms responded with a proposal. Of the three firms, one responded after the due date. The re maining two qualifying firms’ proposed costs range from $216,363 to $239,112 for a three year-term.
The Pun Group LLP is the lowest bidder at $216,363 and is selected for their excellent ability to perform the City’s’ auditing services. The City is negotiating a three-year agreement at $216,363 plus a 10% contingency at $21,636 for a total not to exceed $238,000.
Public Comment:
- Kenneth Pun, Lead Partner, Pun Group LLP; and Mark Hu, Engagement Manager, Pun Group LLP were available for questions.
Action Taken: The City Council a llowed the City Manager to enter into an agreement in a form to be approved by the City Attorney with The Pun Group, LLP for an amount not to exceed $238,000 for auditing services. Mayor Pro Tem Wong directed staff to bring back for Council’s approval a Request For Proposal (RFP) policy requiring auditing services to go out for bid every 4 -5 years and going forward as standard practice, to attach the winning bid to the staff report with RFPs.
71-XX
May 17, 2023
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Ngo, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-C. EXTENSION OF COMMISSIONER’S TERM
In accordance with Monterey Park Municipal Code (MPMC) § 2.82.50, Commissions, Boards and Committees (collectively, “Commissions”) members may serve two, 4 year, terms. If an individual completes serving and separates from service, such person cannot be reappointed to the same board or commission for at least 12 consecutive months unless otherwise authorized by City Council to extend the term. This would align the Commissioner terms with that of the Councilmember who appointed them.
Mayor Sanchez requested to extend the term of Victoria Chavez -Calderon to Community Participation Commission, which will align with his council term for an additional two year term through November 2024. Ms. Chavez -Calderon has served on the commission since 2013.
Action Tak en: The City Council approved the extension of Victoria Chavez - Calderon’s term to the Community Participation Commission , on Consent Calendar.
3-D. EXTENDING A LOCAL EMERGENCY FOR THE GOODVIEWS ABATEMENT PROJECT (“GAP”)
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 June 1, 2023.
On May 10, 2023, the City’s project manager informed the City Manager and City Attorney that the contractor, C.A. Rasmussen, requested additional time to complete the GAP based upon delays from the 2023 winter storms. Completion is now estimated for the end of June.
Action Taken: The City Council extended the local emergency for the GAP pursuant to Section 3 of Resolution No. 2022-R101 (adopted December 21, 2022) to July 1, 2023, on Consent Calendar.
71-XX
May 17, 2023
3-E. ADOPT A RESOLUTION TERMINATING 2023 WINTER STORMS LOCAL
EMERGENCY
On January 18, 2023, the City Council adopted Resolution No. 2023- R5 which confirmed the existence of a local emergency related to the 2023 Winter Storms.
Resolution No. 2023- R5 authorized the City Manager to undertake all actions needed to preserve public health and safety in accordance with applicable law.
The conditions of emergency no longer exist. Therefore, staff recommends that the City Council terminate the local emergency, effective immediately.
Environmental Assessment:
The Resolution itself and the actions anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ., “CEQA”) and the regulations promulgated thereunder (14 Cal.
Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare. 1 Action Taken: The City Council adopted Resolution No. 2023- R37 terminating 2023 Winter Storms local emergency, on Consent Calendar.
Resolution No. 2023-R37
A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY OF MONTEREY PARK TERMINATING THE 2023 WINTER STORMS LOCAL
EMERGENCY
3-F. ANNUAL MILITARY EQUIPMENT REPORT PER ASSEMBLY BILL NO. 481
On May 18, 2022, the Monterey Park City Council adopted Ordinance No. 2222 approving a military equipment use policy (Monterey Park Police Department – Policy 709) pursuant to Assembly Bill No. 481(“AB 481”). In accordance with AB 481 and Policy 709, a military equipment report must be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. In compliance with AB 481, outlined below is the 2022 MPPD Annual Military Equipment Report.
Action Taken: The City Council received and filed report, on Consent Calendar.
1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).
71-XX
May 17, 2023
3-G. AMENDMENT TO AGREEMENT NO. 1967 -AC FOR THE UPFITTING/
CONVERSION OF POLICE DEPARTMENT VEHICLES
The Police Department leases nine (9) vehicles from Enterprise for use as administrative or undercover vehicles. The leases will expire this fiscal year and will need to be replaced with new vehicles. The new leased vehicles will need to be upfitted with emergency lights, sirens, secure weapons storage, and police radios.
Action Taken: The City Council authorized the City Manager to execute an amendment with West Coast Lights and Sirens, Inc. to Agreement No. 1967- AC, in a form approved by the City Attorney, for the upfitting/conversion of leased police department vehicles.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-H. AMENDMENT TO AGREEMENT 2231-AA WITH COLU TECHNOLOGIES FOR
THE SOFTWARE LICENSING OF MONTEREY PARK REWARDS SHOP
LOCAL APP PROGRAM
In April 2021, the City signed a software licensing agreement with Colu Technologies to help launch the Monterey Park Rewards program using digital technology to spur economic recovery for our small business community during and post-pandemic. The Monterey Park Rewards app is a digital shop and dine local program that uses smartphones to leverage the power of our local community. With $1 earned for every $10 spent, we believe funneling money back to our residents and visitors from neighboring cities incentivizes them to continue shopping and dining locally. The City pays that $1 earned to keep the participating merchants whole. The program creates a sense of civic pride and leverages the power of our communities to spur economic growth by promoting a circular economy.
The Colu Technologies software licensing agreement expires on June 1, 2023.
Staff are requesting City Council approve an Amendment to Professional Services Agreement 2231-AA with Colu Technologies to extend the agreement from June 1, 2023, to December 31, 2023, after which the Monterey Park Rewards program itself will expire. City Council approval is requested, as the agreement ex tension increases the total value of the agreement beyond the City Manager’s authorized amount of $60,000.
71-XX
May 17, 2023
Action Taken: The City Council authorized the City Manager to execute an Amendment to Agreement 2231- AA with Colu Technologies, in a form approved by the City Attorney, for the extension of the software licensing agreement for the Monterey Park Rewards Program, an innovative shop local app incentive program, through December 31, 2023.
Motion: Moved by Maor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-I. PLAYGROUND PROJECTS AT BELLA VISTA, GARVEY RANCH, HIGHLANDS, AND SEQUOIA PARKS – APPROVE A PURCHASE ORDER FOR
SUPERIOR RECREATION PRODUCTS TO PROCURE PLAYGROUND
EQUIPMENT IN THE AMOUNT OF $869,551.32
Recreation and Community Services staff have been working with playground providers to develop themed play structure designs to be installed at Bella Vista, Garvey Ranch, Highlands, and Sequoia Parks. Department staff wants to improve the residents’ experi ence by providing themed playgrounds that will encourage users to visit various parks in the City. The unique designs will also enhance the usage of playground users’ imagination and foster interaction between the youth in the community.
After working with playground providers on design themes, staff presented playground concepts at the February Recreation & Parks Commission meeting to gain input and feedback from Commissioners. Following the February Recreation and Parks Commission meeting, staff worked to develop the design themes with the commissioner’s comments and to meet the approved design and construction budget. At the May 1, 2023, Recreation and Parks Commission meeting, staff presented updated designs for the Commission to vote on. The Recreation and Parks Commission voted unanimously to recommend proceeding with the theme designs provided by Zoom Recreation/Superior Recreational Products.
Zoom Recreation is Superior Recreational Products’ California playground dealer.
City staff identified BuyBoard as a company that has an agreement with Superior Recreational Products for procurement of its playground equipment. The play pieces will include recycled materials with 26,000 pounds of post -consumer recycled plastic, all of which are Green Circle certified. The BuyBoard agreement will allow staff to purchase playground pieces at the lowest price available, including all custom pieces.
71-XX
May 17, 2023
CEQA (California Environmental Quality Act):
The proposed projects are categorically exempt from the California Environmental Quality Act (CEQA) requirements pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).
Public Comments:
- Justin Lotz, Project Manager, Recreation/Superior Recreational Products, was available for questions.
Discussion: Director of Recreation and Community Services Aguirre presented a PowerPoint Presentation showcasing the rendering and theme for each park and was available for questions.
Action Taken: The City Council approved the designs for the playgrounds located at Bella Vista, Garvey Ranch Park, Highlands, and Sequoia Parks; and approved a purchase order for Superior Recreation Products to procure playground equipment in the amount of $869,551.32.
Motion: Moved by Council Member Ngo and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-J. CLEAN CALIFORNIA LOCAL GRANT PROGRAM
The Clean California Local Grant Program provides competitive grants of up to $5 million to local communities to support capital projects that beatify and improve streets and roads, tribal lands, parks, pathways, and transit centers. The ultimate goal is to restore pride in California’s public spaces.
If adopted, the proposed resolution would authorize the City Manager, or designee, to apply for the Clean California Local Grant Program , to execute the grant agreement, and to implement a budget amendment if the City is awarded funds.
The deadline to apply is May 31, 2023, funds will be awarded in the fall of 2023 and the project completion date is June 30, 2026.
Action Taken: T
he City Council adopted R esolution No. 2023 -R38 authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the Clean California Local Grant Program, on Consent Calendar.
71-XX
May 17, 2023
Resolution No. 2023-R38
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE CLEAN
CALIFORNIA LOCAL GRANT PROGRAM
3-K. MEMORANDUM OF AGREEMENT FOR THE COORDINATED INTEGRATED
MONITORING PROGRAM AND WATERSHED MANAGEMENT PLAN FOR THE
UPPER LOS ANGELES RIVER WATERSHED MANAGEMENT AREA FOR
FISCAL YEARS 2024 - 2026
On November 18, 2015, Los Angeles Regional Water Quality Control Board (LA Regional Board) approved the Coordinated Integrated Monitoring Program (CIMP) that Monterey Park, along with 18 other jurisdictions in the Upper Los Angeles River (ULAR) group, had submitted to the Regional Board for review. On April 20, 2016, the Regional Board also approved the Watershed Management Plan (WMP) that the ULAR group had also submitted. The ULAR group is required to implement the CIMP and WMP.
The CIMP and WMP Memorandum of Agreement (MOA) is a cost -sharing agreement to perform and coordinate the monitoring and reporting services required per the CIMP as well as certain planning and reporting services per the WMP. The previous CIMP and WMP MOA will expire on June 30, 2023. Staff is requesting the City Council’s approval to enter into a new 3-year agreement with 18 other jurisdictions. Monterey Park’s cost share is $25,626 for FY 23-24, $24,809 for FY 24- 25, and $29,610 for FY 25- 26, for a total cost of $80,045 over three years.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed action under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). The action is categorically exempt from additional environmental review pursuant to CEQA Guidelines §§15262, 15306, 15307, and 15308. The project consists of comprehensive data collection efforts to monitor water quality in downstream receiving waters. The p urpose of the project is to determine if possible actions are necessary to protect natural resources and the environment.
Action Taken: The City Council a uthorized the City Manager to execute the Memorandum of Agreement, in a form approved by the City Attorney, to cooperatively share costs in the implementation of the Coordinated Integrated Monitoring Program and Watershed Management Plan for the Upper Los Angeles River Watershed Management Area for Fiscal Years 2024 – 2026.
71-XX
May 17, 2023
Motion: Moved by Mayor Pro T em Wong and seconded by Mayor Sanchez , motion carried by the following vote:
Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
3-L. RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF
EMERGENCY REPAIRS OF THE MONTEREY PASS ROAD WATER LINE
On August 17, 2022, City Council adopted Resolution No. 2022- R69 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Monterey Pass Road. Recurring water main leaks in several areas within Monterey Pass Road between the intersections of Vagabond Drive and Brightwood street resulted in extensive infrastructure damage to the roadway and necessary water main pipe repairs to ensure continued water service to residences and businesses in the area.
Action Taken: The City Council r eceived and filed the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line, on Consent Calendar.
4. PUBLIC HEARING
4-A. A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVING ZONING CODE AMENDMENT NO. 23 - 01(ZCA-23-01), AMENDING CHAPTER 21.18 OF THE MONTEREY PARK MUNICIPAL CODE, ENTITLED “AFFORDABLE HOUSING INCENTIVES – DENSITY BONUS” TO IMPLEMENT THE HOUSING ELEMENT OF THE
MONTEREY PARK GENERAL PLAN
Staff recommends that this item be continued to the June 7, 2023 City Council meeting.
Item Nos. 4A and 4B was heard together and approved by one motion.
Action Taken: The City Council continued the public hearing to the June 7, 2023 City Council meeting.
71-XX
May 17, 2023
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu, motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
4-B. A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVING ZONING CODE AMENDMENT NO. 22 -01 (ZCA-22-01) ADDING CHAPTER 21.19 TO THE MONTEREY PARK
MUNICIPAL CODE, ENTITLED “INCLUSIONARY HOUSING” TO IMPLEMENT
THE HOUSING ELEMENT OF THE MONTEREY PARK GENERAL PLAN
Staff recommends that this item be continued to the June 7, 2023 City Council meeting.
Item Nos. 4A and 4B was heard today and approved by one motion.
Action Taken: The City Council continued the public hearing to the June 7, 2023 City Council meeting. Motion taken with Item No. 4A.
RECESSED AND RECONVENED
The City Council recessed at 8:28 p.m. and reconvened with all council members present at 8:40 p.m.
5. NEW BUSINESS
5-A. ONE-YEAR TIME EXTENSION FOR THE FOLLOWING PROJECTS: 1) TENTATIVE MAP NO. 71473 (TM -17-01) - SWC ORANGE AVENUE/PEPPER STREET (ASSESSOR’S PARCEL NO. (APN 5276-008-045) AND 2) TENTATIVE MAP NO. 73741 (TM -18-01) AND CONDITIONAL USE PERMIT (CUP -18-01) – 130-206 S. CHANDLER AVENUE (APNS 5257-004-019, 020, 021)
During the COVID -19 pandemic emergency, the City Manager and City Council took actions to suspend expiration dates for approved land use entitlements that would have expired between March 11, 2020 and March 31, 2022. Through Administrative Orders, Resolution No. 12164, and Ordinance No. 2219, land use related projects that would have expired during the pandemic were extended to April 1, 2023.
At this time, there are two projects that applied for a time extension before the April 1, 2023 deadline:
71-XX
May 17, 2023
1. TM-17-01 – subdivision of one lot into four lots for the construction of four new single-family dwelling units; and
2. TM-18-01 and CUP -18-01 – subdivision and development of a 40- unit senior housing complex at 130-206 S. Chandler Avenue.
Pursuant to Monterey Park Municipal Code (“MPMC”) § 20.04.120(c), the City Council may “approve, conditionally approve or deny extension requests” with the total time of extensions not exceeding six years from the initial expiration.
Additionally, MPMC § 21.32.160 allows the City Council to extend time limitations of conditional use permits not to exceed one year without a public hearing.
CEQA (California Environmental Quality Act):
Tentative Map No. 71473 (TM-17-01) - SWC Orange Avenue/Pepper Street On June 26, 2018, the City Council adopted Resolution No. 10- 18. Section 3 of that Resolution determined the Project was categorically exempt from additional environmental review pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (In-Fill Development Projects). No additional environmental review is necessary.
Tentative Map No. 73741 (TM-18-01) and Conditional Use Permit (CUP-18-01); The Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council in February 5, 2020 under Resolution No. 12135 and March 4, 2020 under Ordinance No. 2167. No addi tional environmental review is necessary.
Public Comments:
- Kenny Gao, President, Latigo Canyon Development LLC; and Stephen Lau, speaking on behalf of Kenny Gao, were available for questions.
Discussion: Director of Community Development Serrano presented a PowerPoint Presentation summarizing the projects and was available for questions. It was noted that there was a typographical error in the staff report which references the southwest corner (SWC) instead of the southeast corner.
Action Taken: The City Council a dopted Resolution No. 2023-R39 approving a Time Extension for Tentative Map No. 71473 (TM-17-01); and adopted Resolution No. 2023-R40 approving a Time Extension for Tentative Map No. 73741 (TM -18- 01) and Conditional Use Permit (CUP-18-01).
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Yiu , motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XX
May 17, 2023
Resolution No. 2023-R39
A RESOLUTION APPROVING A SECOND ONE -YEAR EXTENSION FOR TENTATIVE MAP NO. 71473 (TM-17-01) TO SUBDIVIDE ONE LOT INTO FOUR
LOTS AT THE SOUTHEAST CORNER OF SOUTH ORANGE AVENUE AND PEPPER STREET (ASSESSOR PARCEL NUMBER: 5276-008-045)
Resolution No. 2023-R40
A RESOLUTION APPROVING A ONE -YEAR EXTENSION FOR TENTATIVE MAP NO. 73741 (TM-18-01) AND CONDITIONAL USE PERMIT (CUP-18-01) TO SUBDIVIDE AND DEVELOP A 40-UNIT SENIOR HOUSING COMPLEX AT 130- 206 SOUTH CHANDER AVENUE (ASSESSOR PARCEL NUMBERS 5257 -004- 019, -020, and -021)
5-B. DONATION OF MURAL AT GEORGE ELDER PARK FOR AAPI HERITAGE MONTH
On May 4, 2023, the Recreation & Community Services Department was contacted by the Los Angeles Rams. The Los Angeles Rams organization expressed their interest in partnering with Monterey Park to create a permanent mural at a community facility in light o f the horrific January 21, 2023, shooting incident. The Rams wanted to focus on community beautification and highlight the Asian American and Pacific Islander (AAPI) culture. The Rams organization commissioned artist D.J. Javier to create a mural to uplift the Monterey Park community and honor AAPI month.
Recommendation: It is recommended that the City Council consider: (1) Accepting the donation of a mural submitted by the Los Angeles Rams and artist D.J. Javier for George Elder Park in celebration of AAPI Heritage Month; and (2) Taking such additional, related action that may be desirable.
Public Comments:
- Mary Morales, Los Angeles Rams Associate Manager, and Artist’s Manager Lea Sindija were available for questions.
- Tammy Louie thanked the Rams for their donations and expressed appreciation for the artist, however, she stated the artwork of the dragon represent more Asian than AAPI. She asked that the City Council consider an alternative graphic.
- Juanita Medina alleged that the mural is a memorial and that it does not represent the community.
- Armen Sebastian opin ed that the artwork looks like a grade school mascot, too cartoonish of a character to represent the AAPI community. He said it looks like a Rams billboard and asked that the Council consider postpone taking action to solicit more comments from the community.
71-XX
May 17, 2023
- Teresa Real Sebatian questioned the preparation work of the wall and the site area. She commented that the current artwork does not represent the community and suggested accepting the donation and modifying the artwork with something that is more reflective of the AAPI and the Latino culture.
- Christine Lam spoke in opposition of the mural citing that the mural is a paid permanent billboard for the Rams . She commented on the n eed for inputs from the community for design choices, seeking other appropriate design choices, and questioned the preparation work at the proposed site as well. She encouraged the City Council to table the item and seek community inputs.
RECESSED AND RECONVENED
The City Council recessed at 9:48 p.m. and reconvened with all council members present at 9:50 p.m.
Discussion: Artist DJ Javier provided a PowerPoint presentation debuting his artwork and depicted the different elements from his design and was available for questions. A discussion ensued reaffirming that the mural is not a memorial for the victims of the Lunar New Year shooting and that the City is in the process of moving forward with an actual memorial that is dedicated to the victims and the tragedy of January 1, 2023.
Action Taken: The City Council accept ed the donation of a mural submitted by the Los Angeles Rams and artist D.J. Javier for George Elder Park in celebration of AAPI Heritage Month as amended to remove the stars and the Rams’ logo and delegate the Mayor and Council Member Ngo the authority for final approval of the design. The motion was rescinded by the maker of the motion.
Motion: Moved by Council Member Ngo. The motion was rescinded by the maker of the motion.
Action Taken: The City Council delegated the Mayor and Council Member Ngo the authority to determine whether to move forward with the mural and the design work.
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Lo, motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
71-XX
May 17, 2023
5-C. NATIONAL GUN VIOLENCE AWARENESS DAY AND WEAR ORANGE
WEEKEND
Every day, 110 people in America are killed with guns. The gun homicide rate in the U.S. is 26 times higher than that of other developed countries, but research shows that common-sense and public safety laws can reduce gun violence. Gun Violence Awareness Day and Wear Orange Weekend began on June 2, 2015, commemorating the shooting death of Hadiya Pendleton, an honor student from Chicago, and remembering all those lives lost to gun violence throughout the country. We are enlisting your support in the form of a resolution to honor the victims of the January 21, 2023 shooting incident, and all victims who have been killed due to gun violence.
Action Taken: The City Council adopted Resolution No. 2023-R41 declaring June 2, 2023, to be National Gun Violence Awareness Day in the City of Monterey Park and June 3
rd and 4th as Wear Orange Weekend.
Motion: Moved by Mayor Pro Tem Wong and seconded by Mayor Sanchez Member Ngo, motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2023-R41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING JUNE 2, 2023, NATIONAL GUN VIOLENCE AWARENESS DAY AND JUNE 3
rd and 4th AS WEAR ORANGE WEEKEND IN MONTEREY PARK
6. CITY COMMUNICATIONS (CITY COUNCIL)
6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK
CONDEMNING THE MILITARY JUNTA OF MYANMAR (BURMA) FOR THE
OPPRESSION OF CIVILIANS WITH EXCESSIVE VIOLENCE AND STANDING
FIRMLY WITH THE PEOPLE OF BURMA IN THEIR PURSUIT FOR A FAIR,
JUST, AND SUSTAINABLE DEMOCRATIC SOVEREIGN GOVERNMENT
(REQUESTED BY MAYOR PRO TEM WONG)
Action Taken: The City Council adopted Resolution No. 2023-R42 condemning the military junta of Myanmar (Burma) for the oppression of civilians with excessive violence and standing firmly with the people of Burma in their pursuit for a fair, just, and sustainable democratic sovereign government.
71-XX
May 17, 2023
Motion: Moved by Mayor Pro Tem Wong and seconded by Mayor Sanchez , motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2023-R42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK
CONDEMNING THE MILITARY JUNTA OF MYANMAR (BURMA) FOR THE
OPPRESSION OF CIVILIANS WITH EXCESSIVE VIOLENCE AND STANDING
FIRMLY WITH THE PEOPLE OF BURMA IN THEIR PURSUIT FOR A FAIR,
JUST, AND SUSTAINABLE DEMOCRATIC SOVEREIGN GOVERNMENT
6-B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2023 AS LGBTQ PRIDE MONTH (REQUESTED BY COUNCIL MEMBER LO)
Action Taken: The City Council a dopted Resolution No. 2023-R43 recognizing the month of June 2023 as LGBTQ Pride Month.
Motion: Moved by Council Member Lo and seconded by Mayor Pro Tem Wong , motion carried by the following vote:
Ayes: Council Members: Lo, Wong, Yiu, Ngo, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2023-R43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2023 AS LGBTQ PRIDE MONTH
Council Member Lo said he attended the Cinco de Mayo and the Play Day events and thanked City staff for delivering quality family programing for the community.
He reported his attendance at the Buddhist Tzu Chi Foundation, Buddha Day and Interfaith Prayer Confirmation Ceremony.
Council Member Yiu reported she also attended the Tzu Chi event and the JFK Award Ceremony. She acknowledged Congresswoman Judy Chu’s achievements and expressed the City’s appreciation for her dedication. She mentioned her attendance to the City’s birthday celebration and Cinco de Mayo events.
71-XX
May 17, 2023
Council Member Ngo said he attended many of the same meetings. He spoke of the meeting with U.S. Trade Ambassador Katherine Tai where they had a vibrate discussion on bringing local businesses back to order after the tragic incident. He shared that h e attended Congresswoman Judy Chu Woman of the Year event along with other council members, and he was invol ved with 4 different AAPI celebrations in which he was a keynote speaker for the Asian Pacific Islanders Disability of California Youth Summit . He commented on his attendance at the Play Day and Cinco de Mayo event s, AAPI event organized by the Dodger organization, and that he had the opportunity to share his story at an American Automobile Association (AAA) AAPI event.
May
or Pro Tem Wong directed staff to agendize the Regional Housing Trust item for a future meeting for discussion. H e reported his attend ance to the Southern California Association of Governments (SCAG) General Assembly as the City’s delegate where various issues including housing, homelessness, transportation, and funding were discussed. He said he also attended the Alhambra Latino Association dinner, and the Play Day / Cinco de Mayo celebrations. He directed staff to move forward with the planning process for a permanent memorial for the Jan. 21, 2023 tragedy and to involve the community, families of victims, and those affected directly by the tragedy; and to integrate the efforts into next year’s Lunar New Year festival.
May
or Sanchez reported his attendance at a Mother’s Day event hosted by World Journal with Council Member Lo, and the Alhambra Latino Association banquet dinner with Mayor Pro Tem Wong. He thanked the Police and Fire Departments for visiting Brightwood Elementary at the Egg Drop event where his daughter attends school. He also thanked city staff for putting together the many events including Play Days and Cinco De Mayo.
7. FUT
URE AGENDA ITEMS
None.
8. CLO
SED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE) - None.
ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 10:16 p.m. in memory of Gloria Molina, first Latina Assembly Member in California, on the Los Angeles City Council and LA County Board of Supervisors.
______
____________________
Maychelle Yee
City Clerk
71-XX
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
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
SPECIAL MEETING
MAY 24, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 24, 2023 at 5:30 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 5:34 p.m.
ROLL CALL:
City Clerk Maychelle Yee called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez , Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT: City Treasurer Amy Lee, City Manager Ron Bow, Assistant City Manager Inez Alvarez, Fire Chief Matt Hallock, Police Chief Scott Wiese , Director of Human Resources and Risk Management Christine Tomikawa, Director of Management Services Martha Garcia, Director of Recreation and Community Services Robert Aguirre, City Librarian Diana Garcia, Director of Public Works Shawn Igo, Director of Community Development Serrano, Police Captain Gustavo Jimenez, IT Manager Stanley Ardon, Principal Management Analyst Andrew Lee, Principal Management Analyst Xochitl Tipan, Principal Management Analyst Angela Loera, Senior Accountant Terry Kim, Recreation and Community Services Manager Christine A latorre, Recreation and Community Services Supervisor Guillermo Chavez, Recreation and Community Services Supervisor Orlando Muro, Deputy City Clerk Cindy Trang
VIRTUALLY PRESENT: Laura Borjon, Finance Manager; Lieutenant Gabriel Escarsega, Investigations Clerk Isabella Goeders, Housing Consultant Debbie Sottek
PUBLIC COMMUNICATIONS
- Molly Rhodes, represent ative of the Service Employees International Union (SEIU) 721, request ed for a fair agreement. She stated that the State’s minimum wages is lower than the Los Angels County’s minimum wage standard and that there is a need to do better to keep people out of poverty.
71-XX
May 24, 2023
- City
Clerk Yee received and filed seven written communications from Lina Nguyen, Jose R. Garcia, Michael Le, Deborah Takahashi, Jesus Hernandez, Joel Toro, and John Lieu, requesting Council’s support for the SEIU labor negotiation and encouraging the approval of employees’ wage increase.
NEW
BUSINESS
1. FI
SCAL YEAR 2023-2024 BUDGET
Cons
ideration and possible action regarding the Fiscal Year 2023- 2024 Budget. Staff will present a brief overview of policy issues, financial prospect and economic development, challenges/solutions, goals and strategies associated with the budget including, without limitation, the following matters • City
2023-2024 spending plan overview;
• Proposed staffing changes to reflect efficient core staffing mix; • Proposed capital improvement projects;
• Goals and Objectives presented by all departments.
Counc
il may raise other development, policy, capital project and potential budget adjustment items for consideration as part of the Budget.
RECE
SSED AND RECONVENED
The City Council recessed at 8:04 p.m. and reconvened with all Council Members present at 8:14 p.m.
Ac
tion Taken: The City Council received and fil ed the Preliminary Budget documentation for Fiscal Year 2023-2024.
ADJO
URNMENT
There being no further business for consideration, the meeting was adjourned at 9:42 p.m.
______
____________
Maychelle Yee
City Clerk
71-XX
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
MINUTES
MONTEREY PARK CITY COUNCIL
FINANCING AUTHORITY (MPFA)
HOUSING AUTHORITY (MPHA)
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
SUCCESSOR AGENCY (SA)
SPECIAL MEETING
JUNE 6, 2023
The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Tuesday , June 6, 2023 at 6:00 p.m.
CALL TO ORDER:
Mayor Sanchez called the meeting to order at 6:05 p.m.
FLAG SALUTE:
Mayor Sanchez
ROLL CALL:
Assistant Deputy City Clerk Helena Cho called the roll:
Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez , Thomas Wong, Yvonne Yiu
Council Members Absent: None
ALSO PRESENT: City Librarian Diana Garcia and Assistant Deputy City Clerk Helena Cho
PUBLIC COMMUNICATIONS: None.
1. NEW BUSINESS
1. APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES
The second term of Library Trustee Andy Yam will end on June 30, 2023, resulting in a vacancy on the Library Board of Trustees. The upcoming vacancy was advertised and the City Clerk's office has received six applications from residents interested in serving on the Library Board of Trustees: Patrick Chiu, Ricky Choi, Veronica Ciafone, Katherine C. Guevara, Janine Lui and Abe Porras. The City Council is asked to appoint one individual to fill the upcoming vacancy for the term beginning July 1, 2023 and ending June 30, 2026.
71-XX
June 6, 2023
Ac
tion Taken: The City Council appointed Ricki Choi to fill the vacancy on the Library Board of Trustees.
Moti
on: Moved by Council Member Ngo and seconded by Council Member Yiu, motion carried by the following vote:
Aye
s: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
ADJO
URNMENT
There being no further business for consideration, the meeting was adjourned at 7:07 p.m.
______
__ __________________
Maychelle Yee
City Clerk
City Council Staff Report
DAT
E: July 19, 2023
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – June 2023
RECO
MMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing the monthly investment report; and
2. Taking such additional, related, action that may be desireable.
EXECU
TIVE SUMMARY:
As of June 30, 2023, invested funds for the City of Monterey Park is $87,989,100.53 BA
CKGROUND:
In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.
Respectfully submitted by: Prepared by:
Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:
Inez Alvarez
Interim City Manager
ATT
ACHMENT:
1. Monthly Investment Report
Consent Calendar - 3B
Staff Report
July 19, 2023
ATTACHMENT 1
Monthly Investment Report
INVESTMENTS PORTFOLIO PROFILE:
TOTAL BALANCE AT 03/31/2023 87,989,100.53$
INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.430% 43,748,898.40$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 3.167% 36,395,202.13$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/22 09/03/23 2.51% 100,000
2 PREFERRED BANK 09/08/22 09/08/23 2.67% 150,000
3 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
4 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 5 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
6 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
7 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
8 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
9 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 10 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
11 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
12 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 13 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 14 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 15 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
16 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 17 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 18 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 19 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 20 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
21 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 22 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 23 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 24 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
25 WORKERS 01/27/23 01/27/25 4.70% 245,000
26 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 27 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
28 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
29 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
30 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 31 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 32 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000
33 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 Total CDs (33) 3.149% 7,845,000.00$
OTHER INFORMATION:
BANK BALANCE: (1)
10,128,219.56$
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 3.225%
THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.
INTEREST EARNINGS FOR 2nd QTR 2022-2023 528,767.96$
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.
CITY OF MONTEREY PARK
INVESTMENT REPORT
JUNE 30, 2023
Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 05/31/23
At Cost 55,343,374,870$ 306,194,178$
At Market 52,742,662,978$ 282,467,139$
Repurchase Agreements -$ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:
Certificates of Deposit 5.51% 0.00%
United States Government
and Agency Obligations 67.01% 85.72%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 27.42% 0.00%
Municipal Obligations 0.04% 0.81%
Corporate and Deposit Notes 0.02% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 13.47%
1-60 days 41.21% 0.00%
61 days-1 year 21.27% 28.18%
Over 1 year 37.52% 71.82%
Weighted Average Days to Maturity 740
POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF MAY 31, 2023
SCHEDULE A
City Council Staff Report
+
DATE: July 19, 2023
AGENDA ITEM NO:
TO: The H
onorable 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 Mid-Management 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 Mid-Management Association (“MMA”). The MMA represents various non-sworn classifications in supervisory and manager positions for the City of Monterey Park;
2. Taking such additional, related, action that may be desirable.
EXECU
TIVE SUMMARY:
Repr
esentatives of the City of Monterey Park (“City”) and MMA 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.
BACKG
ROUND:
MMA’s c
urrent MOU term is valid from July 1, 2022 to June 30, 2023. On June 26, 2023, MMA’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 for the following classifications – Assistant City Engineer – 2.5%, Building Official – 3.0%, Deputy City Clerk – 12.3%, Deputy Fire Marshal – 3.8%, Economic Development Project Manager – 5.0%, Fire Marshal –
2.8%, and Principal Management Analyst – 4.0%
• Base salary increase – 5% cost of living adjustment to base salary effective the first full pay period after July 1, 2023 and 5% cost of living adjustment to base salary effective the first full pay period after July 1, 2024.
• Article 12 Cash Out of Accrued Leave – increase cash out of vacation and holiday accrued leave up to an additional 40 hours and ability to designate cash out two times in a calendar year.
• Article 17 Holidays – increase designated holiday hours to ten (10) hours in duration. • MOU language modification:
o Article 9 – Administrative Leave
Consent Calendar - 3C
Staff Report
July 19, 2023
o Article 13 – Bereavement Leave
o Article 26 – Salaries – Educational/Certification Pay FI
SCAL IMPACT:
The total cost of the MOU is estimated at $153,698 for Fiscal Year 2023-2024 and the estimated amount of $151,550 for Fiscal Year 2024-2025 will be budgeted appropriately. This amount will be paid by various funds.
Respectfully submitted by: Review by:
Christine Tomikawa
Director of Human Resources and
Risk Management
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATT
ACHMENTS:
1. Proposed MOU Resolution with redline version of MOU
Staff Report
July 19, 2023
ATTACHMENT 1
Proposed Resolution with Redline Version
Memorandum of Understanding July 1, 2023
t
o June 30, 2025
RESOLUTION NO. ____
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR CONTRACT YEAR 202 3-2025 BETWEEN THE
CITY OF MONTEREY PARK AND THE MONTEREY PARK MID-
MANAGEMENT ASSOCIATION.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Mid-Management Association (“MMA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2023-2025.
SECTION 2: Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2023-25. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.
SECTION 3: Following a vote of its membership, the MMA informed the City that it accepted the MOU.
SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 2023. Accordingly, the Interim City Manager is authorized to execute the MOU in a form approved by the City Attorney.
SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this ____ day of _________, 20__.
____________________________
Jose Sanchez, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
MO110\191\12093901.v2
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK MID - MANAGEMENT ASSOCIATION
July 1, 201923 – June 30, 202325XX
i
MO110\191\12093901.v2
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK MID - MANAGEMENT ASSOCIATION
July 1, 201923 – June 30, 202325
PREAMBLE .......................................................................................................................1 ARTICLE 1: SCOPE OF MEMORANDUM OF UNDERSTANDING ............................1 ARTICLE 2: RECOGNITION ............................................................................................1 ARTICLE 3: CITY RESPONSIBILITIES AND RIGHTS .................................................1 ARTICLE 4: EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES ......................2 ARTICLE 5: COMMUNICATIONS ..................................................................................3 ARTICLE 6: CONTINUED PERFORMANCE OF CITY SERVICES AND
OPERATIONS ..............................................................................................3 ARTICLE 7: GRIEVANCE PROCEDURE ........................................................................4 ARTICLE 8: OVERTIME ...................................................................................................5 ARTICLE 9: ADMINISTRATIVE LEAVE .......................................................................6 ARTICLE 10: VACATION .................................................................................................7 ARTICLE 11: SICK LEAVE ..............................................................................................8 ARTICLE 12: CASH OUT OF ACCRUED LEAVE .......................................................10 ARTICLE 13: BEREAVEMENT LEAVE ....................................................................1211 ARTICLE 14: MILITARY LEAVE ..............................................................................1211 ARTICLE 15: JURY DUTY .............................................................................................12 ARTICLE 16: LEAVE OF ABSENCE .........................................................................1312 ARTICLE 17: HOLIDAYS ...............................................................................................13 ARTICLE 18: AUTHORIZATION TO UTILIZE PAID LEAVE TIME .....................1514 ARTICLE 19: ACTING ASSIGNMENTS ...................................................................1514 ARTICLE 20: BILINGUAL PAY .................................................................................1615 ARTICLE 21: UNIFORM ALLOWANCE ...................................................................1716 ARTICLE 22: HEALTH INSURANCE ........................................................................1918 ARTICLE 23: PERS CONTRIBUTION .......................................................................2221 ARTICLE 24: RETIREMENT BENEFITS...................................................................2221
ii
MO110\191\12093901.v2
ARTICLE 25: EDUCATIONAL ENROLLMENT COST REIMBURSEMENT .......2321 ARTICLE 26: SALARIES ............................................................................................2322 ARTICLE 27: PROBATIONARY PERIOD .................................................................2826 ARTICLE 28: DEFERRED COMPENSATION PLAN ...............................................2826 ARTICLE 29: INDUSTRIAL INJURY ........................................................................2826 ARTICLE 30: UNIT DETERMINATION AND MODIFICATION ............................2927 ARTICLE 31: GENERAL PROVISIONS ....................................................................3230 ARTICLE 32: TERM OF MEMORANDUM OF UNDERSTANDING ......................3230 ARTICLE 33: CITY COUNCIL APPROVAL .................................................................31
ADDENDUM A - SALARY TABLES
1 MO110\191\12093901.v2
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK MID - MANAGEMENT ASSOCIATION
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 Mid-Management Association, hereinafter also referred to as the “Association” or MPMMA,” have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.
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
The City hereby acknowledges the Monterey Park Mid-Management Association as the representative for the Mid-Management employees 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.
This MOU shall cover all Mid-Management employees as outlined in Addendum A.
Parties mutually agree to discuss At-will classifications starting no later than September 1, 2023.
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 requirements determined by the City; to establish and change work schedules and assignments; to hire, transfer, and to promote or to lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline, or discharge employees for just cause; to expand or diminish services; to subcontract for any work or operations; to determine and change methods of operations; to determine and change, at its sole discretion, the number of locations, relocations and types of operations and the processes and materials to be
2 MO110\191\12093901.v2
employed.
B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding, Personnel Rules and Regulations or Salary Resolutions.
ARTICLE 4: EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES
A. During the term of this MOU, all employees, as described above in Article 2, shall have the right to join the Monterey Park Mid-Management Association, or to refuse or refrain from joining said organization.
B. Subject to Section F, below, members of the Association may, by any reasonable method, select four (4) employee members to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during the regular duty or work hours, without loss of time, provided:
1. That no employee representative shall leave duty, workstation or assignment without specific approval by an 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/or initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization cards.
D. Deductions, as authorized in writing by the employee, shall be deducted from earned wages on each payday of each month. The City shall forward to the Monterey Park Mid- Management Association, at each pay period, all dues and/or initiation fees deducted from the employees.
E. Representatives of the Association, after permission by the Department Director or his/her designated representatives may enter City properties for the sole purpose of transacting business of MPMMA; provided, however, that such business does not interfere with the work or training of the employees or City operations. If, however, said parties are not available, then permission must be obtained from the City Manager or his/her designated representative.
F. Pursuant to Government Code Section 3505.3, the City shall allow a reasonable number of City employee representatives of the Association reasonable time off without loss of
3 MO110\191\12093901.v2
compensation or other benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation. Therefore, the parties agree that no more than four (4) Association representatives shall be deemed a reasonable number of representatives that shall be provided reasonable time off to engage in the meet and confer process with representatives of the City. However, the Department Director(s) or his/her designee(s) has authorization to deny use of release time by any Association representative when, in the sole judgment of the Department Director(s), release of the representative(s) may reasonably be expected to cause or contribute to an unreasonable delay in the provision of services on behalf of the Department.
G. Release of representatives of the Association to participate in non-meet and confer activities of the Association, such as grievance representation and participation in Association meetings during scheduled work hours shall be governed by the release rules and regulations set forth in paragraph F, above. However, City representatives may confine non-meet and confer related release time to less than four (4) Association representatives.
The number of employees to be released in such circumstances shall be at the sole discretion of the City representative.
H. Any Association representative validly participating in Association activities during the employee's scheduled hours of work shall suffer no deduction in compensation as a result of participation in the Association activities. However, participation in Association activities shall not be considered as time worked and shall not entitle any Association representatives to overtime or other compensation in excess of that regularly paid to the employee.
I. A written list of the Officers of the Association and the Employee Representatives shall be furnished to the Director of Human Resources and Risk Management immediately after their designation and the Association shall notify the Director of Human Resources and Risk Management promptly in writing of any changes of such Officers or Representatives.
ARTICLE 5: COMMUNICATIONS
Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee organization members including, but not limited to, the following:
1. Association recreational and social activities.
2. Association election notices and results.
3. Association meetings and events.
ARTICLE 6: CONTINUED PERFORMANCE OF
CITY SERVICES AND OPERATIONS
A. The Association hereby agrees that during the term of this MOU, the employees of the City, as set forth in Article 2, Addendum A, the officers and/or agents of the Association
4 MO110\191\12093901.v2
shall not engage in, encourage, sanction, support, authorize, or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignations, mass absenteeism, picketing, or any other intentional interference of work of the City.
B. In the event any employee, or employees, participates in any such activities as set forth above, the Association shall notify such employee, or employees so engaged, to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.
C. The employee, or employees, participating in such activities as set forth in Sections A and B above shall be subject to disciplinary action by the City, including suspension or discharge, in accordance with the City's Personnel Rules and Regulations.
ARTICLE 7: GRIEVANCE PROCEDURE
Except as modified herein, the Grievance Procedure shall be governed by Personnel Rule XV, Disciplinary Proceedings, Sec. 6, Grievances, which is outlined as follows:
The presentation and hearing of all employee grievances shall be governed by the following rules:
A. A grievance shall be defined as an alleged violation of a specific provision of this Memorandum of Understanding, the City Personnel Rules and Regulations, or of the Rules and Regulations validly propagated by any department within the City, or State Law governing conditions of employment. The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands, or other documentation regarding the employee's work performance, which is not defined as “disciplinary action” by Rule XV of the City Personnel Rules and Regulations.
Discipline shall be imposed in such a manner as to not violate the FLSA with regard to “exempt” employees.
B. All grievances shall be filed in writing with the immediate supervisor of the person aggrieved within fifteen (15) calendar days after the employee knows, or in the exercise of reasonable diligence, would have known, of the occurrence in question.
C. Written notice of disposition of the grievance shall be filed with the next higher administrative authority by the supervisor with whom the grievance was originally filed.
Such notice shall be filed within fifteen (15) calendar days of the original filing of the grievance.
D. If satisfactory redress is not obtained by the employee from the immediate supervisor, the grievance may be appealed in writing through the normal administrative organization: that is, first to the Division Manager; second, the Department Director and third, the City Manager. In each case, a written notice of disposition must be forwarded to the grievant and to the next higher authority within fifteen (15) calendar days of receipt of the employee’s written grievance.
5 MO110\191\12093901.v2
E. The City Manager shall be the final authority in all cases except those in which a violation of the Personnel Ordinance or Rules is alleged. The City Manager shall forward notice of disposition of such grievance to the grievant within fifteen (15) calendar days of receipt of the employee’s written grievance.
F. In the case of those grievances in which a violation of the Personnel Ordinance or Rules is alleged, an employee may appeal to the Personnel Board after the procedures set forth above have been exhausted.
Such appeals will be filed in writing with the Director of Human Resources and Risk Management who will cause them to be brought to the attention of the Board. The Board will review such appeals and determine whether an investigation and/or hearing should be held. This preliminary consideration of an appeal will not constitute a hearing by the Board. Within ten (10) calendar days after concluding a hearing pursuant to this section, the Personnel Board shall certify its findings and decision in writing to the City Council, to the City Manager, and to any other official from whose action the appeal is taken, and to the affected employee.
Recommendations by the Board for redress of grievances will be addressed to the City Manager and shall be advisory in nature.
ARTICLE 8: OVERTIME
Except as modified herein, overtime for eligible non-exempt managers/supervisors shall be governed by Personnel Rule V. Compensation, Sec. 3 Overtime, Sec. 3a General Government Employees, which is outlined as follows:
A. Work Period Defined - Work performed in excess of forty (40) hours per work period shall be classified as overtime work. A work period is a regular recurring period of 168 hours in the form of seven consecutive 24-hour periods.
1. The work period for employees working a regular 5/40, Monday through Friday schedule begins on Saturday at 0001 hours and terminates at the end of the following Friday at midnight. Work performed during the work period includes vacation, sick leave, holiday, and compensatory time off, provided that they do not fall within a workday when work is actually performed. A workday is a regular recurring period of eight hours within a twenty-four-hour period. For shift workers, the work period shall be defined in such a manner as to comply with FLSA work period requirements. Management shall maintain the right to schedule employees’ workdays, start and end times, and establish FLSA work periods.
2. The work period for employees working a “9/80” work schedule shall be defined in such a manner as to comply with FLSA work period requirements. The “9/80” schedule provides eighty (80) scheduled hours in a 14 day (two week) cycle where (1) one week the employee works four 9-hour workdays and one 8-hour workday,
6 MO110\191\12093901.v2
and (2) the subsequent week consists of four 9-hour workdays with one day off.
The work period for FLSA overtime purposes shall be established as four hours into the shift of the eight-hour day and in such a manner that no consecutive seven- day (168 hour) period shall exceed forty (40) hours. Management shall maintain the right to schedule employees’ workdays, start and end times, and establish FLSA work periods.
3. The work period for employees working a 4/10 schedule begins on Saturday at 0001 hours and terminates at the end of the following Friday at midnight. Work performed during the work period includes vacation, sick leave, holiday, and compensatory time off, provided that they do not fall within a workday when work is actually performed. A workday is a regular recurring period of ten hours within a twenty-four-hour period. For shift workers, the work period shall be defined in such a manner as to comply with FLSA work period requirements. Management shall maintain the right to schedule employees’ workdays, start and end times, and establish FLSA work periods.
B. Overtime worked shall be compensated by either compensatory time off at a time requested by the employee, and agreed to by the Department Director, equal to one and one-half times the time worked, or by cash payment of one and one-half times the employee's regular hourly rate.
C. Emergency work shall be paid at the rate of two hours pay for the first hour worked, or any portion thereof, and time and a half for all time worked in excess of one hour. In lieu of such payment, the employee may receive compensatory time off of not less than two hours off for the first hour worked and time and a half hours off for work in excess of one hour, if the employee requests time off and the request is approved by the employee’s Department Director. “Emergency work” is work performed by an employee at a time other than the employee’s regular working hours to deal with a sudden and unexpected turn of events calling for immediate action in response to a call for such work by a Department Director or any other person so authorized by the City Manager.
D. An employee required to work a scheduled or planned call back shall be credited with a minimum of two hours of work if the call back assignment requires less than two hours.
E. Accumulated compensatory time off in excess of forty (40) hours will be paid off in cash on the first payroll date following December 1 of each year.
F. Non-Exempt employees who are regularly scheduled to work on a holiday or who are assigned to work on a holiday because of a foreseeable City need for their services, shall receive time and one-half payment for the holiday worked and accrue eight (8) hours holiday time (i.e., Special Event requirements, parades, etc.). Exempt employees who are assigned to work on a holiday shall receive straight time pay in addition to accruing 8 hours holiday time.
ARTICLE 9: ADMINISTRATIVE LEAVE
7 MO110\191\12093901.v2
A. Administrative leave shall only be given to positions that are FLSA exempt and are, therefore, not eligible for overtime.
B. During the term of this agreement, FLSA exempt employees, who are regularly required to attend evening meetings or work additional hours, shall receive 40 hours of Administrative Leave, each July 1st, in addition to flex time for extraordinary assignments.
One e Employees holding the position of Recreation ManagerSuperintendent and Recreation Supervisor will receive an additional sixteen (16) hours of administrative leave (for a total of 56 hours) per year. Administrative Leave shall have no monetary value, nor shall it be carried over from one fiscal year to the next.
1. FLSA exempt employees who have been designated by their Department Director, with the approval of the City Manager, may receive an additional 16 hours each fiscal year of Administrative Leave. This additional Administrative Leave shall be granted utilizing the following criteria: employee is regularly required or expected to attend City Council, City Commission or other City related functions that occur after normal business hours and/or the Department Director determines that the employee is consistently required to work hours beyond the normal business hours to the extent that the additional hours are justified.
2. Effective October 1, 2011, any current Administrative Leave hours shall be moved into a separate account and shall be subject to existing provisions for use and cash out upon retirement.
C. The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Department Director with due regard for the wishes of the employee and the needs of the service. Eligibility for this leave shall not be predicated upon first having all vacation and sick leave exhausted. Administrative leave may be utilized at any time during the fiscal year.
D. Employees requesting to utilize their administrative leave shall complete a Leave of Absence request form and forward the approved form to payroll. The Management Services Department shall maintain records of accrued administrative leave hours and the Human Resources Department shall maintain records of FLSA exempt employees eligible to earn or utilize administrative leave time in conformity with the guidelines set forth within this Article.
ARTICLE 10: VACATION
A. Accrual of, and eligibility to utilize, vacation shall commence upon date of employment.
B. Vacation shall not be accumulated in excess of 500 hours. Any hours in the member’s vacation account on September 30, 2012 in excess of 300 hours was placed in a separate bank for future use, (i.e.- actual vacation time, cash out, as authorized, or it may remain in the bank until the employee retires, with no requirement to use this time prior to using the
8 MO110\191\12093901.v2
employee’s primary bank).
C. It is the intent and purpose of this vacation policy that all unit members 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 any given department may periodically impact the ability of a unit member to utilize any or all of his/her annual vacation accrual. Therefore, it is the policy of the city that no unit member may accrue greater than 500 vacation hours. Upon accrual of 500 vacation hours, no unit member shall accrue any additional vacation hours nor be compensated for any vacation hours in excess of 500 unless and until utilization of accrued vacation time results in the employee's vacation account totaling less than 500 hours.
D. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.
E. The times during the calendar year at which an employee may take his/her vacation shall be determined by the Department Director with due regard for the wishes of the employee, the employee's accumulated vacation credits, and with particular regard for the needs of the service.
F. At the sole discretion of the City Manager, special consideration may be given to an employee's written request to accumulate vacation credits in excess of the maximum allowable vacation balance of 500 hours. Only in exceptional circumstances shall an employee be allowed to exceed the maximum vacation accrual. Any approval to accrue in excess of the accrual cap requires a written request from the Department Director 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.
G. Upon commencement of employment, vacation leave with pay shall be granted each regular employee at the rate of 80 hours each year.
Additional Vacation - Additional vacation leave with pay shall be granted each regular employee at the rate of 8 hours each year, beginning with the commencement of the employee's sixth (6th) anniversary until the accrual is 200 hours per year. Maximum vacation accrual per year (basic plan plus additional vacation days) is 200 hours.
ARTICLE 11: 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 appointing authority at any time after 30 days of employment at the rate of
7.33 hours per month (88 hours per year) for each full calendar month of continuous employment with the City, including time served in a probationary status.
B. Sick leave is paid leave from work that can be used for the following purposes:
9 MO110\191\12093901.v2
(a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or
(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above. However, the City permits that a total of forty-eight (48) hours of sick leave may be used per calendar year for family sick leave purposes.
C. Sick usage shall first be deducted from Bank No. 2.
D. In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate supervisor, or the Director of Human Resources and Risk Management, prior to the time set for the beginning of his/her daily duties or as specified by the Director of his/her department. A supervisor may require an employee to submit a physician's statement of illness or other satisfactory verification of illness after three days absence for illness. Following three (3) days of absence, a supervisor may require of the employee that they submit a health care provider’s certificate indicating they are capable of returning to duty.
E. The City Manager may, at any time, in order to receive further information with respect to the competency of the employee to perform his/her job duties, require such employee to submit to a medical examination, either physical or mental, at the expense of the City.
Refusal of an employee to submit to such medical examination will constitute insubordination and grounds for disciplinary action.
F Sick Leave Reimbursement Plan – the City shall continue the plan for reimbursement of the unused balance of accrued sick leave earned prior to October 1, 2011, in the following manner:
SICK LEAVE BANK NO. 1:
1. Upon service or disability retirement of an employee, the City will pay to the employee an amount equal to 50% of the individual employee's accumulated sick leave account in Bank No. 1. In addition, the City contracts with PERS for the Sick Leave Credit option.
10 MO110\191\12093901.v2
a. Upon death of an employee prior to retirement, the City will pay to the employee's designated beneficiary, an amount equal to 50% of the employee's accumulated sick leave balance in Bank No. 1
For sick leave earned on or after October 1, 2011, the following applies:
SICK LEAVE BANK NO. 2:
1. Sick leave for all bargaining unit members shall be “capped” at 800 hours in Sick Leave Bank No. 2. Employees who retire with more than 10 total years of city service shall be eligible to “cash out” accrued sick leave in Bank No. 2 at the rate of 12 hours for each one year (12 full months) of city service. City service, for the purposes of determining how many hours an employee would be eligible to cash out, shall be calculated beginning with October 1, 2011.
2. Upon voluntary resignation, the City will pay to the employee an amount equal to 25% of the employee's accumulated sick leave balance, provided that the employee's sick leave utilization rate has not exceeded 33% of the annual accrual rate in the preceding five years, excluding sick leave hours cashed out pursuant to the provisions of this MOU, utilized for donations or membership in the Catastrophic Leave Bank.
G. Catastrophic Leave Bank. All regular employees covered by this Agreement will be enrolled in the Catastrophic Leave Bank as described in Administrative Policy 30-10. The City will annually contribute eight (8) hours of sick leave on behalf of each eligible employee. Probationary employees are not eligible for participation in the Catastrophic Leave Bank program but will be enrolled upon completion of probation.
ARTICLE 12: CASH OUT OF ACCRUED LEAVE
1. Optional Annual Cash-Out
A. Effective through December 31, 2021, employees may elect to cash-out up to a total of one hundred and twenty (120) hours of accumulated but unused vacation, sick, and/or holiday time.
There is no limit to the number of requests for cash-out that an employee may make during this time period, as long as the total number of time cashed-out does not exceed the one hundred and twenty (120) hours during that time period.
The payments are made via payroll upon receipt and processing of the request.
B.A. Effective January 1, 2022 and continuing thereafter, e Employees must submit an irrevocable election form, by no later than December 15 th of the preceding calendar year, to cash-out vacation, sick or holiday leave (or a combination thereof), up to 120 hours of leave that may accrue in the following calendar year. Employees may increase their irrevocable election by an additional 40 hours (for a maximum of 160 hours).
11 MO110\191\12093901.v2
However, the additional 40 hours can only be from vacation hours or holiday hours (but not sick leave hours) to be accrued in the following calendar year. The cash-out is for hours to be accrued in the calendar year following submission of the irrevocable election form. The employee shall indicate on the irrevocable election form the number of hours to be cashed out with the last paycheck in June and/or the last paycheck in December. Employees must maintain a minimum of 100 hours in sick leave bank 2 and cannot cash out sick hours that will bring them below the 100 hour minimum requirement.
The payment shall be made via payroll with the last paycheck in the following June or December, as designated by the employee, after receipt of the irrevocable election form.
Employees who do not submit an irrevocable election form by December 15 th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash-out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1 st of the calendar year the employee had elected to cash-out and/or in that same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
C.B. An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or Loss or extensive damage to the employee’s property due to casualty; or Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
Whether an occurrence is an unforeseeable emergency shall be solely determined by
12 MO110\191\12093901.v2
the City Manager or designee.
The payment shall be made with the last paycheck in December of that same calendar year.
DC. Any cash-out of sick leave shall not cause the employee’s total amount of accumulated sick leave in their sick leave bank 2 to fall below a n hundredeighty (10080) hour minimum balance. Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.
ARTICLE 13: BEREAVEMENT LEAVE
A. Each employee covered by this agreement may be granted bereavement leave at the discretion of the employee's Department Director whenever death occurs to a member of the employee's immediate family. Paid bBereavement leave may not exceed three four (43) working days. Should the employee require a fifth working day off, the employee shall be able to use sick or vacation leave, or take an unpaid day off.. H , however, if travel outside the State of California, or within the State of California, but extending beyond a distance of 300 miles from Monterey Park is necessary, paid bereavement leave may be extended to a total of five (5) working days. Bereavement Leave shall be charged to a separate, paid leave account. Employees shall be allowed to take bereavement leave pursuant to this article within three (3) months of the death of the immediate family member.
B. Immediate family, for the purpose of bereavement leave, shall include spouse, registered domestic partner, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, grandchildren, brother, brother-in-law, sister or sister-in-law of the employee.
ARTICLE 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 in Section 395 et. seq. of the Military and Veteran's Code of the State of California.
An employee who is granted either a temporary military leave or other military leave while serving a probationary period must complete the remainder of the probationary period upon his/her reinstatement. The leave period will not reduce the length of the probationary period or offset any portion of the probationary period.
ARTICLE 15: JURY DUTY
A. An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall be paid up to and including ten (10) days of salary and benefits during each fiscal year while engaged in such activities. Compensation shall
13 MO110\191\12093901.v2
extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or less days in duration.
B. Under such circumstances, the employee shall receive his/her regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a witness. The employee shall be allowed leave with pay during the period of such service.
While the employee is receiving his/her salary, any court or State jury fees, exclusive of mileage reimbursement, shall be remitted to the City by the employee.
C. The employee shall advise the Director of Human Resources and Risk Management upon receiving a court order to appear for the initial examination as a prospective juror or subsequently to serve as a juror. The granting of such leave with pay shall be subject to the approval of the City Manager.
ARTICLE 16: LEAVE OF ABSENCE
Leave of Absence shall be governed by Personnel Rule XI, Attendance and Leaves, Sec. 4, Leave of Absence, of the Personnel Rules and Regulations of the City of Monterey Park which is outlined as follows:
A. The City Manager may grant a regular employee leave of absence without pay for a period not to exceed ninety (90) days.
B. No such leave shall be granted except upon written request of the employee.
C Approval shall be in writing and a copy filed with the Director of Human Resources and Risk Management.
D. The City Council may grant a regular employee leave of absence without pay for a period not to exceed one year.
E. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge.
ARTICLE 17: HOLIDAYS
A. Municipal offices, including the Library, and with the exception of the Police and Fire Department facilities, shall be closed on the following holidays:
14 MO110\191\12093901.v2
New Year's Day Labor Day Day after
Thanksgiving
Washington's Birthday
Third Monday in February
Veteran’s Day Christmas Eve Day
Martin Luther King, Jr.
Third Monday in January
Independence Day Christmas Day
Memorial Day
Last Monday in May
Thanksgiving Day New Year’s Eve Day
Represented employees shall receive one floating holiday. Holiday hours shall be accrued during the pay period in which the holiday occurs.
All designated holidays are up to ten (10) nine (9) hours in duration depending on the employee’s normal work schedule and employees will receive ten (10)nine hours credit in the employee’s holiday bank, or if a holiday lands on a Saturday or Sunday, the employee’s holiday bank shall be credited eight (8) hours as described in the following paragraph.
Effective April 1, 2014, m Members shall be afforded thirteen (13) holidays. One floating holiday of ten (10) hours will credited to employee’s holiday bank the first full pay period after July 1.be eliminated in exchange for the City implementing holidays capped at nine (9) hours credit. Any employees working a shift in excess of tennine hours will use their vacation or holiday leave balance to account for their full shift for a holiday.
B. The employee shall be subject to two (2) separate holiday accumulation banks, each of which shall consist only of floating holidays. The first holiday bank (Bank No. 1) shall consist of those floating and/or minimum staff day holidays not utilized during the fiscal year 1992/93, and the total number of holidays accrued on or before June 19, 1993. The number of holidays contained within this Bank No. 1 shall not increase.
C. C. The maximum “holiday” accrual shall be eighty hours. Upon reaching the maximum, no additional hours will accrue to the employee.
D. Holiday usage may be deducted from either of the above two (2) banks.
E. Library employees, who are required to work a Saturday on a three-day weekend, in order to keep the Library open, shall accrue compensatory time off for actual time worked at a straight time rate.
F. Employees must be on paid status on both the workday prior to, and the workday following the holiday, in order to receive compensation for the holiday. An employee on vacation, sick leave, or other paid leave of absence is considered to be in a paid status and, therefore, would receive compensation for the holiday.
Employees who are regularly scheduled to work on a holiday or who are assigned to work on a holiday because of a foreseeable City need for their services, shall receive time and one-half payment for the holiday worked and accrue tennine (109) hours holiday time, or if a holiday lands on a Saturday or Sunday, the employee’s holiday bank shall be credited teneight (108) hours (i.e., Special Event requirements, parades, etc.). Refer to Article 9,
15 MO110\191\12093901.v2
Section C above for employees who are required to work Emergency Call Back.
Should a holiday fall on an employee’s regularly scheduled day off, that employee shall receive tennine (109) hours holiday time., or iIf a designated holiday lands on a Saturday, it shall be observed by the City on the preceding Friday or if Friday is an employee’s regularly scheduled day off or Sunday , the employee’s holiday bank shall be credited teneight ( 810) hours subject to the maximum accrual provisions of this Article. If a designated holiday lands on a Sunday, it shall be observed by the City on the Monday following the holiday or if Monday is an employee’s regularly scheduled day off, the employee’s holiday bank shall be credited ten (10) hours subject to the maximum accrual provisions of this Article.
ARTICLE 18: AUTHORIZATION TO UTILIZE PAID LEAVE TIME
Each unit member's Department Director or his/her designee shall have sole discretion to approve or deny an employee's request to take paid leave time off (i.e. vacations, etc.). The Department Director's determination shall be based upon the service needs of the City and the leave request may be denied by the Department Director if he/she determines that utilization of leave time off will or may have a negative effect on provision of services.
ARTICLE 19: ACTING ASSIGNMENTS
Acting assignments shall be filled in the following manner (to the extent that this Article is inconsistent with the City Personnel Rules, this Article shall prevail):
A. Need for Acting Assignments - To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on acting basis to positions of a higher classification. For the purposes of this Article, it is understood that acting assignments may be required in order to temporarily fill position classification vacancies, which may exist for any of the following reasons:
1. A position classification is permanently vacant and is scheduled to be filled by a regular full-time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.
2. A position classification is temporarily vacant although, permanently filled, because the regular employee is on an approved paid or unpaid leave of absence.
It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every possible and reasonable effort to fill vacancies in a most expeditious manner and to keep the need for such acting assignments to a minimum.
B. Selection for Acting Assignments - The selection of an employee for acting assignments shall be at the sole discretion of the Department Director or his/her designee, taking into consideration the requirements of the position to be filled and the qualifications, job
16 MO110\191\12093901.v2
performance, and seniority of those employees eligible for the acting assignment. No persons shall be appointed to an acting assignment either when on probation or into a position classification more than one class level above his or her regular class in those instances where such an assignment would result in the acting employee being in a supervisory position in relation to an employee who is regularly the acting employee's supervisor. If a person is appointed to an acting assignment in a position classification more than one class level above his or her regular class and if during the term of said acting assignment, the vacant class level immediately below the acting position is filled, then the acting assignment shall terminate with the employee being restored to his/her regular position.
C. Pay for Acting Assignments - Acting pay shall be authorized when an employee is acting in a higher level position commencing with the start of the thirtieth consecutive working day that the employee is acting in the higher level position and paid retroactively to the first day of the acting assignment. Acting pay shall be authorized at Step 1 of the position classification to which the acting assignment is made, provided that Step 1 is at least 5% higher than the base salary of the employee's regular assignment. If Step 1 is less than 5% greater, the acting appointment will be made at the first step which is greater than 5% but is less than 10% above the base salary. No changes in employee benefits shall be granted to employees in acting assignments.
D. Status of Employee in Acting Assignment - Time served in an acting assignment shall not be credited towards completion of a probationary test period in the acting position. Time served in an acting position shall not alter the employee's anniversary date. If the acting employee would have been eligible for a merit increase had the acting appointment not been made, the employee shall remain eligible for such merit increase with the employee's performance in both the regular and acting positions being considered.
E. Duration of Acting Assignment - Absent exigent circumstances, a position in the competitive service shall not be filled in an acting capacity for more than six (6) consecutive months. The City shall meet and consult with the Association prior to any extension of an acting appointment beyond six months and at mutually agreeable intervals thereafter, during continuation of the acting assignment.
ARTICLE 20: BILINGUAL PAY
A. Bilingual Pay (Interpretation)
1. Association members who are capable of speaking, interpreting and, on an occasional or sporadic basis, providing limited general translation for routine correspondence (i.e., constituent letters, resident suggestions/complaints, newspaper articles, etc.) in a foreign language, as deemed useful by the City, shall receive $50.00 per month bilingual skill pay in addition to his/her regular salary.
17 MO110\191\12093901.v2
2. The City shall establish qualifying tests to determine bilingual capability and certification. Employees who become eligible for bilingual pay may be required to recertify their eligibility every four years.
3. To be eligible for bilingual pay, the employee must routinely and regularly use his/her translation and interpretation skills in the performance of his/her regular duties that includes customer service and public contact. Should the employee’s duties change such that the use of bilingual skills is no longer required, the bilingual skill pay shall cease. Eligibility for bilingual skill pay is subject to the approval of the Department Director and Human Resources Director and their decision is not subject to appeal.
Further, the number of employees to be approved as qualified to translate in any language shall be at the sole discretion of the City and such determination is not subject to any appeal.
B. Bilingual Pay (Transcription)
1. All employees who are certified as bilingual pursuant to Section A above and are qualified to perform formal translation of City documents (i.e. forms, brochures, press releases, etc.) and are routinely requested to translate documents utilized in the conduct of City business for City departments, will receive fifty dollars ($50) per month bilingual translation skill pay. The number of employees so qualified to translate in any language shall be determined at the sole discretion of the City. Employees may make application for translation certification through the Human Resources Department. The certification process shall consist of such tests as determined by the Human Resources Department. Recertification may be required every four years.
C. Combined Bilingual Pay
1. Unit employees who are certified as bilingual pursuant to A.1 and are qualified to perform both verbal and formal translation of City documents (i.e. forms, brochures, press releases, etc.) and are routinely requested to translate documents utilized in the conduct of City business for City departments, will receive a combined $150 for bilingual verbal and written translation in lieu of Section A and Section B above. The number of employees so qualified to translate in any language shall be determined at the sole discretion of the City. Employees may make application for translation certification through the Human Resources Department. The certification process shall consist of such tests as determined by the Human Resources Department. Re- certification will be required on biennial basis.
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 21: UNIFORM ALLOWANCE
A. Regular Employees - Employees who are required to wear uniforms, and who receive a full clothing issue pursuant to section B of this Article, will be paid an annual uniform
18 MO110\191\12093901.v2
allowance of $300.00 per year. Effective the pay period following City Council approval of the MOU, the uniform allowance will be $450 per year. Uniform allowance is paid monthly.
The parties agree that this is special compensation and shall be reported as such to CalPERS for “classic members”, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5).
1. Personnel assigned to the Auto Shop, who are required to wear a uniform, shall not receive a uniform allowance but, in lieu, uniforms will be provided and maintained through a uniform service vendor. Selection of uniform service vendor and uniform articles shall be at the sole discretion of the City.
2. Employees receiving uniform allowance payments may elect to use either a Uniform Service Provider or receive store “credit”. Any change is to be coordinated with the Management Services Department and approved by the Department Director and the Director of Human Resources/Risk Management.
B. Probationary Employees - A probationary employee assigned to the Water, Parks or Maintenance Service Department and who is required to wear a uniform, will be provided with the full clothing issue (5 uniforms and 1 jacket) at the time of his/her appointment. A probationary employee assigned to the Police Department and who is provided a uniform will be provided with the full clothing issue as issued other police civilian personnel as per the Police Department’s uniform policy and as approved by the City Manager.
If the employee leaves, either voluntarily or involuntarily during the twelve-month probationary period, $175.00 will be deducted from his/her final paycheck to reimburse the City for the initial clothing issue or uniform allowance.
After the employee has completed twelve (12) months of service, the employee will then be entitled to receive the next quarterly clothing allowance.
C. Uniform Replacement - An employee who damages or destroys his/her uniform while performing City services shall be reimbursed for the replacement cost of the uniform. This provision shall not be applicable to normal wear and tear of the uniform, nor shall it be applicable to items of a personal nature (non-uniform clothing, jewelry, watches, wallets, eyeglasses, etc.). An employee shall give the damaged or destroyed uniform to a supervisor prior to being authorized replacement cost.
D. An employee terminating from City service will retain uniform items. However, the City identification patches shall be removed by the employee and turned in to the appropriate Department Director or Division Manager.
E. Hats are not a required item of the uniform except where the Division or Department requires safety hard hats. However, an employee who is not required to wear a safety helmet may purchase and wear a poplin brimmed hat of a color to blend with his/her uniform.
19 MO110\191\12093901.v2
F. Safety Boots - Employees whose position requires safety boots, per OSHA regulations, will be provided with one pair of safety boots per fiscal year. The City shall select the vendor and the quality of the boots to be provided. Safety boots will be available on August 1st of each fiscal year. The maximum annual allowance for purchase of appropriate safety boots is $225.00. Effective the pay period following City Council approval of the MOU, the maximum safety boot allowance is up to $350 per year.
In cases where the nature of the employee’s duty assignment causes exceptional wear, the Department Director may, in his/her sole discretion, authorize the replacement of one pair of safety boots or one pair of uniform issue shoes. In no case shall an employee receive more than three pairs of safety boots or one additional pair of uniform shoes in any 24- month period.
ARTICLE 22: 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 20232021 the MEC is $151143/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 20232021, this amount is $ 151143 per month. PEMHCA determines the amount annually and therefore, this is subject to change.
2. Retiree and Employees Hired Prior to January 1, 2016
Individuals who retired prior to January 1, 2016 and employees who were hired on or before December 31, 2015, and who retire from the City, will be eligible for medical insurance provided by PEMHCA and when enrolled in PEMHCA, receive a City contribution equal to the MEC under PEMHCA. The City shall also make a 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 $355/month (includes the MEC) toward the purchase of medical insurance
20 MO110\191\12093901.v2
under PEMHCA for retiree and all eligible dependents. If the amount of the premium for single party coverage (with Medicare part A and B if age 65 or older) for a retiree on the least expensive CalPERS offered plan exceeds $355/month, the City will pay the full cost of the eligible retiree’s single party premium.
In the event the amount of the monthly premium for the lowest cost single party HMO plan available in the Los Angeles Area Region for medical care in the United States (with Medicare Parts A and B if age 65 or older) exceeds $355/month, the City agrees to increase their total contribution to the amount of such single party premium.
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 $435/month toward the purchase of medical insurance under PEMHCA for retiree and all eligible dependents.
In the event the amount of the monthly premium for the lowest cost single party HMO plan available in the Los Angeles Area Region for medical care in the United States (with Medicare Parts A and B if age 65 or older) exceeds $435/month, the City agrees to increase their total contribution to the amount of such single party premium.
c. Medicare
Retirees must comply with the Medicare enrollment requirements set forth by PEMHCA and the City’s health plan program.
If a retiree does not qualify for Medicare and has submitted the requisite proof to CalPERS, the retiree may remain on a CalPERS basic plan until the retiree later qualifies for Medicare Part A at no cost.
d. Retirees must pay for any premium costs that exceed the City’s contribution (MEC and HRA contributions).
C. Dental Insurance
The City will contribute up to ninety ($90) dollars per month toward the premium for eligible employees and all eligible dependents. Beginning the first pay period in January 2021, the City will contribute up to one hundred ($100) 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 thirty ($30)
21 MO110\191\12093901.v2
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 12 months. Deductible shall be $10.00/exam; $20.00/frame and lenses.
E. Section 125 Cafeteria Plan
1. The City’s contribution under the Section 125 Cafeteria plan for active employees shall be up to one thousand two hundred fifty ($1,250) dollars per month for employees electing to enroll in a medical plan in PEMHCA. Beginning the first pay period in January 2021, the City will contribute up to one thousand three hundred fifty dollars ($1,350) per month for employees electing to enroll in a medical plan in PEMHCA. Beginning the first pay period in January 2022, the City will contribute up to one thousand four hundred dollars ($1,400) per month for employees electing to enroll in a medical plan in PEMHCA. Beginning the first pay period in January 2023, the City will contribute up to one thousand four hundred fifty dollars ($1,450) per month for employees electing to enroll in a medical plan in PEMHCA.
The City’s contribution will include the PEMHCA MEC ($ 143 151 per month for 202 31) 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).
2. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out incentive, the employee must annually certify that he/she has medical insurance coverage in a group plan (not including Covered California) that provides minimum essential coverage under the Affordable Care Act for the employee and all members of his/her tax family.
3. 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. Long Term Disability Plan
The City will pay the premiums for a long-term disability plan.
G. Life Insurance
The City shall provide a term life insurance policy for each employee in the amount of $100,000.
Additional life insurance may be purchased by each employee. Any premium cost for
22 MO110\191\12093901.v2
additional life insurance shall be paid solely by the employee. The City shall offer employees to purchase supplemental life insurance in $10,000 increments up to the lesser of $300,000 or 3 times the employees’ annual salary.
H. 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 23: PERS CONTRIBUTION
All association members who are “classic” members of the CalPERS retirement system will pay 100% of the full 8% employee’s share of the CalPERS retirement contribution.
ARTICLE 24: RETIREMENT BENEFITS
Association members shall be eligible for the following retirement benefits:
A. The city provides retirement benefits through the California Public Employees’ Retirement System (CALPERS) pursuant to a contract with CalPERS. Effective January 1, 2013, the City shall provide to newly hired employees, the PERS retirement formula known as 2% @ 62 with the average of the three (3) highest consecutive years of compensation.
Employees hired prior to December 30, 2013, as determined by PEPRA shall be considered classic PERS employees whose retirement formula is known as the "2.7% at Age 55 Plan.", one (1) year final compensation (12 highest paid consecutive highest months/Section 20042).
B. The 1959 Survivor's Benefit –The City shall provide Level 4 Survivor’s Benefit. Any resultant CalPERS cost increase designated as constituting “employee” costs for this benefit shall be borne by the employee.
C. Credit for Unused Sick Leave (Government Code Section 20965.)
D. One (1) year final compensation (Government Code Section 20042) for employees hired prior to January 1, 2013 and average of the three (3) consecutive highest years for employees hired after said date.
E. Military Service Credit as Public Service (Government Code Section 21024).
F. Pre-Retirement Option 2W Death Benefit.
23 MO110\191\12093901.v2
ARTICLE 25: EDUCATIONAL ENROLLMENT
COST REIMBURSEMENT
A. Educational costs shall be limited to four thousand dollars ($4,000) annually per unit member for eligible reimbursement expenses as defined within this Article. Effective January 2022, educational costs shall be limited to $4,500 annually per unit member for eligible reimbursement expenses as defined within this Article for coursework taken after January 2022. Enrollment cost reimbursement is subject to approval by both the Department Director and Director of Human Resources and Risk Management. In rendering a reimbursement determination, the Department Director and Director of Human Resources and Risk Management shall consider whether or not the course(s) for which reimbursement is sought is related to the employee's then existing principal duties and the availability of funds for reimbursement purposes. No employee shall be entitled to reimbursement unless pre-course enrollment written authorization for reimbursement is received from the Department Director and 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 Department Director and Director of Human Resources and Risk Management shall be final.
B. An employee must have completed their initial probationary period to be eligible for Educational Cost Reimbursement under this Article.
C. An employee who separates from City service within 12 months of receiving educational cost reimbursement shall reimburse the City the full amount of educational cost reimbursement that he/she received in the preceding 12-month period.
D. Educational cost reimbursement shall be provided for tuition fees for college-level courses in an accredited academic institution only, as determined by the Director of Human Resources and Risk Management.
E. An employee will be reimbursed up to seventy-five dollars ($75.00) for books required for six units or less, and two hundred dollars ($200.00) for seven units or more taken during a semester (or equivalent enrollment period). Effective January 2021, an employee will be reimbursed up to ninety dollars ($90.00) for books required for six units or less, and three hundred dollars ($300.00) for seven units or more taken during a semester (or equivalent enrollment period). Reimbursement shall only be for books required for the approved course(s). All requests for reimbursement shall be accompanied by valid receipts.
ARTICLE 26: SALARIES
A. With the Association’s ratification of this agreement and approval by the City Council, each active unit member, in the pay period following City Council approval of this MOU, will receive a lump-sum signing bonus of one thousand dollars ($1,000).
24 MO110\191\12093901.v2
B. Salaries of represented employees shall be adjusted in the following manner:
a. Current Ssalary ranges for represented employees are reflecting the equity adjustments and cost of living increases described below in subparagraph (b) are set out in ed in Attachment Addendum A and are incorporated herein by this reference.
b. Effective the beginning of the first full pay period following July 1, 2023 and City Council approval of the MOU, equity adjustments will be made to the salary ranges for the following classifications:
Assistant City Engineer 2.5%
Building Official 3.0%
Deputy City Clerk 12.3%
Deputy Fire Marshal 3.8%
Economic Development
Project Manager 5.0%
Fire Marshal 2.8%
Principal Management Analyst 4.0%
b. Effective July 8, 2023 and after City Council approval of MOU, In addition to the equity adjustments set out above, and effective at the same time, the salary ranges of all unit classifications will increase by fiveone and one-half percent ( 5.01.5%) in addition to the equity adjustments made for the classifications listed above.
c. Effective the beginning of the pay period following July 1, 20242021, salary ranges of unit classifications will increase by fiveone and one-half percent (5.01.5%)
d. Effective the beginning of the pay period following July 1, 2022, salary ranges of unit classifications will increase by two percent (2%).
e.d. Effective the beginning of the pay period following January 1, 2023, salary ranges of unit classifications will increase by one percent (1%).
C. 10 STEP SYSTEM
There shall be approximately 2.5% between each step of steps 1 through 9 and approximately 5% between steps 9 and 10. Advancement within the ten-step salary range shall be subject to the terms and conditions as set forth herein:
1. Except as modified herein, the Administrative Policy 30-41 – “Ten-Step Meritorious Program” provides rules related to the ten-step system.
2. Advancement between steps may occur at intervals of no less than one year.
Recommendations for step increases or denial of step increases must be accompanied
25 MO110\191\12093901.v2
by a performance evaluation to substantiate performance. No multiple step increases may be granted. Performance evaluations and consideration of merit adjustments shall be due annually on the employee's anniversary of the probationary appointment to his/her position classification. Nothing in this Article shall prevent a supervisor from exercising management rights to suspend, reduce, demote, layoff, or terminate for cause an employee in accordance with City Personnel Rule XIII - Changes in Employment Status, or Rule XIV - Separation from Service, or Rule XV - Disciplinary Proceedings.
3. Advancement from step 1 through step 9 shall be contingent upon receiving “meets job standards” performance evaluations or better.
4. Advancement to step 10 is both temporary and conditional upon achieving “meets job standards” performance as determined by rules set forth by the City Manager.
Sustained placement at step 10 of the range is not guaranteed but must be earned on an annual basis. Failure to achieve “meets job standards” performance ratings in a succeeding year shall result in the employee's salary being returned to step 9.
5. Step 10 Changes: If the step 10 policy is revised with any other general employee association, the MMA shall share the results of those revisions.
D. Longevity Pay
Each unit member with twenty (20) years of continuous City service shall receive longevity pay of one hundred ($100) per month, and each unit member with twenty-five (25) years of continuous City service shall receive longevity pay of three hundred fifty ($350) per month Longevity Pay shall be included in the biweekly paycheck.
The parties agree that that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1).
E. Educational/Certification Pay: The City shall make a payment to each unit member as Educational Incentive Pay in the following amounts:
a. $80.00 per month for associate degree from an accredited educational university.;
b. $110.00 per month for bachelor’s degree from an accredited educational university;
c. $175 per month for a master’s degree and/or juris doctor degree from an accredited educational university;
d. $50.00 per month for a Certified Municipal Clerk Certification;
e. $50.00 per month for a Public Works Certificate through Citrus College;
f. $120.00 per month for License for Qualified Applicator License or Agriculture Pest Control Advisor, pay is for one certificate or the other (not both);
26 MO110\191\12093901.v2
g. $60.00 per month for Water DHS Certification for each certificate below level 3 either in distribution and/or treatment, and $70.00 per month for each certification level 3 or higher in either distribution and/or treatment [up to four certifications total of any level of either distribution or treatment or any combination thereof];
h. $50.00 per month for an Arborist License/Certificate.
All degrees, licenses, certificates and/or certifications shall be reviewed and approved by the Department Director and Director of Human Resources and Risk Management before the Educational/Certification Pay will be issued.
Each unit member is only eligible for the highest compensable Educational/Certification Pay, unless clearly noted. The foregoing items, including the Auto Mechanic Certification Pay below, shall not be stacked or compiled such that the unit member is receiving multiple Educational/Certification pays. For example, if a unit member is receiving $120.00 per month for a License for Agriculture Pest Control Advisor, he/she is not also entitled to a $80.00 per month payment for an Associate Degree. His/her Educational/Certification Pay shall be capped at $120.00 per month which reflects one Educational/Certification Pay.
The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) – Educational Incentive Pay.
F. Auto Mechanic Certification Pay:
1. The Equipment Maintenance Supervisor will be eligible for certification premium in the amount of $40.00 per month for each ASE Automotive/Light Truck Certification up to a maximum of two (2) such certifications. The maximum certification pay under this subsection 1 is limited to $80.00 per month.
2. Upon receipt by the Equipment Maintenance Supervisor of certification as an ASE- Certified “Master Automotive Technician,” in lieu of the premium indicated in subsection 1 above, the individual so certified shall be eligible for certification premium in the amount of $120.00 per month.
The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) – Educational Incentive Pay.
G. First Responder Standby - Qualified non-exempt employees of the Public Works Department or Parks Division of the Recreation & Parks Department may be assigned, at the discretion of the City, as First Responder Standby for after-hours emergency response.
In addition to any additional reporting procedures established by the City, the following provisions shall apply to any individual assigned to First Responder Standby status:
27 MO110\191\12093901.v2
1. First Responder Standby duty shall be assigned to no more than three (3) individuals City-wide (one of which shall be fully qualified to respond to water distribution incidents and one to water production incidents) for a period of seven (7) calendar days. The First Responder Standby schedule shall be determined at the sole discretion of the City.
2. An individual so assigned shall be compensated at the rate of $25.00 per weekday (0001 hrs. Monday through 2400 hrs. Thursday) and $45.00 per weekend day (0001 hrs. Friday through 2400 Sunday).
3. Should an employee be assigned First Responder Standby status on a City designated holiday (defined as the actual date of holiday), compensation shall be at the rate of $50.00 per holiday.
4. While on First Responder Standby status, the assigned employee shall: carry a City provided cell phone and lap-top computer (if applicable); respond via telephone within five (5) minutes to any phone call; and report fit-for-duty to the incident site within 25 minutes (no later than 45 minutes) following receipt of call-out information (or, if applicable, correct problem via computer). Failure to abide by the provisions of this subsection 4 will result in forfeiture of stand-by compensation for that 24-hour period and may result in removal from standby assignment and/or disciplinary action.
5. To be eligible for First Responder Standby assignment, an individual must be certified by the Public Works Maintenance Manager, Water Utility Manager and Parks Superintendent as:
a. Having adequate knowledge of traffic control protocols; sewer, water and irrigation systems; and operation of designated equipment to effectively perform as a First Responder to after-hours emergency situations; and,
b. Residing in a geographic location that allows for a response time as designated in subsection 4 above.
6. The parties mutually agree that this program shall be formally evaluated annually.
Said evaluation will include evaluation of the effectiveness of the program and such measurements as: a review of number of call-outs, response time, type of calls, ability of first responder to clear call without additional support, time to clear call, number of calls for additional support, response time for support personnel and any other measurements determined appropriate by the City.
7. The Association specifically acknowledges that the City maintains the sole and exclusive right to assign personnel to First Responder Standby and to determine the need for such assignment. Nothing contained in this Article, shall create a duty upon the City to assign individuals to First Responder Standby nor shall any individual have a right to be so assigned. The City agrees to meet and consult with
28 MO110\191\12093901.v2
the Association prior to any modification or termination of the First Responder Standby program.
ARTICLE 27: PROBATIONARY PERIOD
Employees who are newly hired or promoted shall serve a probationary period of twelve (12) months.
ARTICLE 28: DEFERRED COMPENSATION PLAN
A deferred compensation plan will be made available to all members of the City of Monterey Park Mid-Management Association. The City will contribute a matching twenty-five ($25) dollars per pay period to the contributing employee’s deferred compensation plan. Effective with the first pay period in January 2021, the City will match an employee contribution up to fifty dollars ($50) per pay period. Effective with the first pay period in January 2022, the City will match an employee contribution up to seventy-five dollars ($75) per pay period. Effective with the pay period following July 1, 2023, the City will match an employee contribution up to one-hundred dollars ($100) per pay period.
ARTICLE 29: INDUSTRIAL INJURY
All full-time employees shall be allowed for each injury or illness, normal salary for the first day of absence to, and including, the last day of absence for a period not to exceed 120 calendar days that occur within a 36-month period.
If the employee is still receiving temporary disability payments after entitlement to industrial injury or illness leave is exhausted, the employee shall be placed on regular sick leave, vacation leave, or accumulated compensatory time off. While Temporarily Totally Disabled (TTD), the employee shall be entitled to use only so much of such other leave benefits (i.e. sick, vacation, comp, etc.), which, when added to temporary disability payments, provide for a normal full day’s wage or salary.
The City shall be authorized to make application for said employee’s disability retirement in those instances where the employee is either permanent, stationary and incapacitated for the performance of his or her duties, or in the alternative, where there is not a reasonable medical certainty that the employee, although not permanent and stationary, will recover to the extent necessary to perform the essential duties of his/her position regardless of whether or not any form of paid leave remains in the employee’s various paid leave accounts.
During the time frame that an employee is on full paid leave, the employee shall continue to accrue all fringe benefits.
Nothing herein shall prohibit an employee from requesting a leave of absence without pay from the City Council. Such leave is not guaranteed, nor may it exceed beyond a period of one (1) year from date of injury.
29 MO110\191\12093901.v2
The granting of industrial injury and illness leave may be withheld until the City has accepted the injury or illness as being an industrial accident or a compensable injury.
ARTICLE 30: UNIT DETERMINATION AND MODIFICATION
A. Policy and Standards for Determination of Appropriate Units
The policy objectives in determining the appropriateness of units shall include: (1) efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and on (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest.
Factors to be considered shall be:
1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
2. History of representation in the City and in similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
3. Consistency with the organizational patterns of the City.
4. Number of employees and classifications, and the effect on the administration of employer-employee relations because of the fragmentation of classifications and/or proliferation of units.
5. Effect on the classification structure and impact on the stability of the employer- employee relationship because of dividing a single or related classification among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in this Section, are determinative factors in establishing appropriate units hereunder. Therefore, such managerial, supervisory and confidential employees may not represent any employee organization that represents other employees and may not be represented by the same.
The Director of Human Resources and Risk Management shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or position, and retain, reallocate or delete modified classifications or positions, from units in accordance with the provisions of this Section.
The following definitions apply to this Section:
30 MO110\191\12093901.v2
1. “Appropriate Unit” means a unit of employee classes or positions, established pursuant to this Section.
2. “Management Employee” means any employee having responsibility for formulating, administering or managing the implementation of City policies and programs.
3. “Supervisory Employee” means any employee having authority, in the interest of the City, to hire, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the forgoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
4. “Confidential Employee” means any employee who assists and acts in a confidential capacity to person(s) who formulate, determine, and effectuate management policies in the field of employee relations and/or who has access in the course and scope of employment to any information that is or may be utilized in formulating such management policies.
B. Procedure for Modification of Established Appropriate Units
1. Requests by employee organizations for modification of established appropriate units shall be considered by the Director of Human Resources and Risk Management. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Municipal Code Section
2.32.050, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section A of this Article. Any Association request for modification to its unit shall be limited to a two (2) week window period annually to be determined by the Director of Human Resources and Risk Management with reasonable notice to the Association. The Director of Human Resources and Risk Management shall process such petition as recognition petitions are processed under this Chapter.
2. The Director of Human Resources and Risk Management may, on his/her own motion, propose that an established unit be modified. The Director of Human Resources and Risk Management shall give written notice of the proposed modification(s) to any affected employee organization. Any affected employee organization may, within seven (7) calendar days after service of notice, request a meeting with the Director of Human Resources and Risk Management by which to contest the proposal(s). Not later than seven (7) calendar days after receipt of such request, the Director of Human Resources and Risk Management shall conduct such meeting at which time all affected employee organizations shall be heard.
Thereafter, the Director of Human Resources and Risk Management shall determine the composition of the appropriate unit or units in accordance with Section A of this Article, and shall give written notice of such determination by
31 MO110\191\12093901.v2
depositing the same in the mail, addressed to the affected employee organizations.
The Director of Human Resources and Risk Management’s determination may be appealed as provided in paragraph 3 of this Section. However, if a unit is modified pursuant to the motion of the Director of Human Resources and Risk Management, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 2.32.050 of the Municipal Code.
The “meeting” described herein shall be informal and shall consist of the participating employee organization providing verbal and/or written input regarding its position.
3. Appeals
An employee organization aggrieved by an appropriate unit determination of the Director of Human Resources and Risk Management pursuant to this Section may, within ten (10) calendar days of mailing by the Director of Human Resources and Risk Management of notice thereof, appeal such determination to the City Manager for final decision.
Appeals to the City Manager shall be filed in writing with the City Manager's Secretary and a copy shall be provided to the Director of Human Resources and Risk Management by the appellant. The written appeal shall be received by the City Manager's Secretary no later than ten (10) calendar days after the Director of Human Resources and Risk Management’s decision was mailed.
A unit designated by the Director of Human Resources and Risk Management need not be “most appropriate,” or “more appropriate,” but need only be “appropriate.” If “appropriate,” then the City Manager shall affirm the decision of the Director of Human Resources and Risk Management. If not “appropriate,” then the City Manager shall determine which unit is “appropriate.”
An employee organization's appeal shall state the complete basis for the appeal and shall be confined to a determination of whether or not the unit resulting from the Director of Human Resources and Risk Management’s decision was “appropriate” pursuant to the guidelines of Paragraph 1, above. The City Manager shall conduct the appeal hearing within fifteen (15) calendar days of receipt of the appeal and shall issue his/her written decision within fifteen (15) calendar days after conclusion of the hearing. The City Manager's decision shall be served upon the appellant(s) by depositing the same in the U.S. mail, and shall be administratively final and binding.
4 To the extent that any element of this Section is inconsistent with any other provision of this Chapter, the provisions of this Section shall prevail to the extent necessary to cause the Section to be operative.
5 Subsequent to this agreement, should the City and another association adopt a
32 MO110\191\12093901.v2
version of this Article 33 of the MOU that is different than that adopted by the City and the Association, the Association has the right to negotiate and adopt any such changes limited to this Article 33 and include them in this MOU.
ARTICLE 31: GENERAL PROVISIONS
A. This MOU shall not in any way interfere with the obligations of the parties to comply with the State and Federal laws, or of any rule, regulation, or order issued by such government authority pertaining to matters covered herein. If any provision, or provisions, of the MOU should 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 otherwise be affected.
B. The parties acknowledge that during the meeting and conferring in good faith, which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of meeting and conferring, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity is set forth in this MOU.
However, upon the request of the City to re-open any subject in the MOU, the parties shall meet within ten (10) business days to commence the meet and confer process.
C. 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 MPMMA, or because of race, color, creed, national origin, age, gender, legal disability, marital status, sexual orientation, political/union activity, or for any other protected status as defined by law.
D. 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.
ARTICLE 32: TERM OF MEMORANDUM OF UNDERSTANDING
The Memorandum of Understanding shall be in effect for a basic term commencing July 1, 20232019 – June 30, 20252023 and shall continue in effect from year-to-year thereafter, unless or until terminated. This MOU may be terminated as of the end of the initial term or any subsequent contract period by either party giving written notice to the other not less than sixty (60) calendar days prior to the termination date. 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.
33 MO110\191\12093901.v2
ARTICLE 33: 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 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 19th16th day of JulyDecember 20232020.
MONTEREY PARK MID-MANAGEMENT CITY OF MONTEREY PARK
ASSOCIATION
By: _______________________________ By: ______________________________ Cindy TrangTim Shay, MMA President Inez AlvarezRon Bow Interim City Manager
By: _______________________________ By: ______________________________ Jessica Estrella, MMA Vice PresidentCesar Vega Christine TomikawaDanielle Tellez, Interim Director Negotiating Team Member
Human Resources & Risk Mgmt
APPROVED AS TO FORM:
_____________________________
Karl H. Berger
City Attorney
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
1 MO110\191\12093901.v2
Effective July 8, 2023
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Adult Literacy Coordinator 1 6,730 6,897 7,070 7,247 7,428 7,614 7,804 7,999 8,199 8,609 Communications Supervisor
Facilities Maintenance Supervisor
Financial Analyst
Fleet Maintenance Supervisor
Park Supervisor
Public Works Maintenance Supervisor
Recreation Supervisor
Senior Librarian
Special Events Manager 2 6,605 6,770 6,939 7,113 7,291 7,473 7,660 7,851 8,047 8,450 Jail Supervisor
Records Supervisor
Consumer Services Supervisor 2.5 7,177 7,355 7,539 7,727 7,921 8,118 8,322 8,530 8,744 9,180 Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Recreation Superintendent 3.5 7,308 7,491 7,679 7,871 8,067 8,269 8,476 8,687 8,905 9,349 Senior Accountant
Transportation Program Manager
Park Superintendent
Deputy City Clerk 3 8,207 8,412 8,624 8,839 9,059 9,286 9,519 9,755 10,001 10,499
Principal Management Analyst 4 7,946 8,145 8,348 8,557 8,770 8,989 9,215 9,445 9,681 10,164 Housing Program & Grant Admin Coordinator
Redevelopment Project Manager 5 8,009 8,210 8,416 8,624 8,841 9,062 9,289 9,521 9,759 10,247 Senior Planner
Police Records/Dispatch 6
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
2 MO110\191\12093901.v2
Effective July 8, 2023
Support Services Manager 6.5 8,956 9,182 9,410 9,645 9,886 10,134 10,387 10,647 10,913 11,459 Economic Development Project Manager
Recreation ManagerSenior Civil Engineer 7 8,960 9,184 9,413 9,649 9,890 10,137 10,391 10,650 10,917 11,463
Fire Marshal 7.5 9,468 9,705 9,947 10,196 10,450 10,712 10,980 11,254 11,536 12,112
Building Official 8 9,611 9,851 10,096 10,349 10,607 10,873 11,145 11,423 11,708 12,294
Water Utility Manager 8.5 10,029 10,280 10,536 10,800 11,069 11,347 11,630 11,921 12,219 12,830 Public Works Maint. Manager
Planning Manager 9
Assistant to City Manager 9.5 8,822 9,043 9,269 9,501 9,738 9,982 10,231 10,487 10,749 11,287
Civil Engineering Associate 11 7,641 7,833 8,028 8,229 8,434 8,646 8,862 9,084 9,310 9,777
Assistant City Engineer 12 10,850 11,121 11,399 11,684 11,974 12,275 12,582 12,896 13,218 13,881
Deputy Fire Marshal 13 7,111 7,289 7,470 7,658 7,849 8,045 8,246 8,452 8,663 9,096
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
3 MO110\191\12093901.v2
Effective the first full pay period after July 01, 2024
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Adult Literacy Coordinator 1 7,066 7,242 7,423 7,609 7,799 7,994 8,194 8,399 8,609 9,039 Communications Supervisor
Facilities Maintenance Supervisor
Financial Analyst
Fleet Maintenance Supervisor
Park Supervisor
Public Works Maintenance Supervisor
Recreation Supervisor
Senior Librarian
Jail Supervisor 2 6,935 7,108 7,286 7,468 7,655 7,846 8,043 8,2,44 8,450 8,872 Records Supervisor
Consumer Services Supervisor 2.5 7,536 7,723 7,916 8,114 8,317 8,524 8,738 8,956 9,181 9,639 Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Deputy City Clerk 3 8,618 8,833 9,055 9,281 9,512 9,750 9,995 10,243 10,501 11,024
Senior Accountant 3.5 7,674 7,866 8,063 8,265 8,471 8,682 8,900 9,121 9,350 9,816
Principal Management Analyst 4 8,343 8,553 8,766 8,985 9,209 9,439 9,676 9,917 10,165 10,672
Senior Planner 5 8,410 8,620 8,837 9,056 9,283 9,515 9,753 9,996 10,247 10,759
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
4 MO110\191\12093901.v2
Effective the first full pay period after July 01, 2024
Economic Development Project Manager 6.5 9,404 9,641 9,881 10,128 10,381 10,641 10,907 11,179 11,458 12,032
Senior Civil Engineer 7 9,408 9,643 9,884 10,131 10,384 10,644 10,910 11,183 11,463 12,036
Fire Marshal 7.5 9,941 10,190 10,445 10,706 10,973 11,248 11,529 11,817 12,112 12,718
Building Official 8 10,091 10,343 10,601 10,866 11,138 11,417 11,703 11,994 12,293 12,909
Public Works Maintenance Manager 8.5 10,530 10,794 11,062 11,340 11,623 11,914 12,211 12,517 12,830 13,472
Assistant to City Manager 9.5 9,263 9,495 9,732 9,976 10,225 10,481 10,743 11,011 11,287 11,851
Civil Engineering Associate 11 8,024 8,225 8,430 8,640 8,856 9,078 9,305 9,538 9,775 10,266
Assistant City Engineer 12 11,393 11,677 11,969 12,268 12,573 12,889 13,211 13,541 13,879 14,575
Deputy Fire Marshal 13 7,466 7,653 7,844 8,041 8,241 8,447 8,659 8,875 9,096 9,550
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
5 MO110\191\12093901.v2
Effective December 26, 2020
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Fleet Maintenance Supervisor 1
6,130
6,281.8
6,439
6,601
6,765
6,934
7,108
7,286
7,467
7,841
Facilities Maintenance Supervisor
Public Works Maint. Supv.
Senior Librarian
Adult Literacy Coordinator
Park Supervisor
Recreation Supervisor
Special Events Manager 2
6,016
6,166
6,320
6,478
6,640
6,806
6,976
7,151
7,330
7,696
Consumer Services Supervisor 2.5
6,537
6,699
6,866
7,038
7,215
7,394
7,580
7,769
7,964
8,362
Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Recreation Superintendent 3
6,656
6,823
6,994
7,169
7,348
7,531
7,720
7,912
8,111
8,515
Senior Accountant
Transportation Program Manager
Park Superintendent
Deputy City Clerk
Principal Management Analyst 4
6,959
7,133
7,311
7,494
7,681
7,872
8,070
8,271
8,478
8,902
Housing Program & Grant Admin Coordinator
Redevelopment Project Manager 5
7,295
7,478
7,665
7,855
8,052
8,254
8,460
8,672
8,888
9,333
Senior Planner
Police Records/Dispatch 6
7,647
7,839
8,035
8,235
8,441
8,652
8,869
9,090
9,318
9,784
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE DECEMBER 26, 2020
6 MO110\191\12093901.v2
Communication Manager
Support Services Manager 6.5
7,769
7,965
8,163
8,367
8,576
8,791
9,010
9,235
9,466
9,940
Economic Development Project Manager
Recreation Manager 7
8,161
8,365
8,574
8,788
9,008
9,233
9,464
9,700
9,943
10,440
Fire Marshall 7.5
8,388
8,598
8,813
9,033
9,259
9,491
9,728
9,971
10,221
10,732
Building Official 8
8,499
8,711
8,928
9,151
9,380
9,615
9,856
10,101
10,353
10,872
Water Utility Manager 8.5
9,134
9,363
9,596
9,836
10,082
10,335
10,593
10,857
11,129
11,686
Public Works Maint. Manager
Planning Manager 9
9,221
9,451
9,688
9,930
10,179
10,433
10,694
10,960
11,234
11,797
Assistant to City Manager 9.5
8,035
8,236
8,442
8,653
8,870
9,091
9,319
9,552
9,790
10,280
Civil Engineering Associate 11
6,960
7,134
7,312
7,495
7,682
7,874
8,071
8,273
8,479
8,905
Assistant City Engineer 12
9,641
9,882
10,129
10,382
10,640
10,907
11,180
11,459
11,746
12,334
Deputy Fire Marshal 13
6,239
6,396
6,555
6,719
6,887
7,059
7,236
7,417
7,601
7,981
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JULY 10, 2021
1 MO110\191\12093901.v2
Effective July 10, 2021
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Fleet Maintenance Supervisor 1
6,222
6,376.1
6,536
6,700
6,866
7,038
7,215
7,395
7,579
7,958
Facilities Maintenance Supervisor
Public Works Maint. Supv.
Senior Librarian
Adult Literacy Coordinator
Park Supervisor
Recreation Supervisor
Special Events Manager 2
6,106
6,259
6,415
6,575
6,740
6,908
7,081
7,258
7,439
7,811
Consumer Services Supervisor 2.5
6,635
6,799
6,969
7,144
7,323
7,505
7,694
7,885
8,083
8,487
Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Recreation Superintendent 3
6,756
6,925
7,099
7,276
7,458
7,644
7,836
8,031
8,233
8,643
Senior Accountant
Transportation Program Manager
Park Superintendent
Deputy City Clerk
Principal Management Analyst 4
7,063
7,240
7,421
7,606
7,796
7,990
8,191
8,395
8,605
9,035
Housing Program & Grant Admin Coordinator
Redevelopment Project Manager 5
7,404
7,590
7,780
7,973
8,173
8,378
8,587
8,802
9,022
9,473
Senior Planner
Police Records/Dispatch 6
7,762
7,956
8,156
8,359
8,568
8,782
9,002
9,227
9,458
9,931
Communication Manager
Support Services Manager 6.5
7,885
8,084
8,285
8,492
8,704
8,923
9,145
9,374
9,608
10,089
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JULY 10, 2021
2 MO110\191\12093901.v2
Economic Development Project Manager
Recreation Manager 7
8,283
8,490
8,702
8,920
9,143
9,371
9,606
9,846
10,092
10,597
Fire Marshall 7.5
8,514
8,727
8,945
9,169
9,398
9,633
9,874
10,121
10,374
10,893
Building Official 8
8,626
8,841
9,062
9,289
9,520
9,759
10,003
10,253
10,508
11,035
Water Utility Manager 8.5
9,271
9,504
9,740
9,984
10,233
10,490
10,751
11,020
11,296
11,861
Public Works Maint. Manager
Planning Manager 9
9,359
9,593
9,834
10,079
10,331
10,589
10,854
11,125
11,403
11,974
Assistant to City Manager 9.5
8,156
8,360
8,569
8,783
9,003
9,228
9,458
9,695
9,937
10,434
Civil Engineering Associate 11
7,064
7,241
7,422
7,607
7,797
7,992
8,192
8,397
8,606
9,038
Assistant City Engineer 12
9,786
10,030
10,281
10,538
10,800
11,071
11,348
11,631
11,922
12,519
Deputy Fire Marshal 13
6,333
6,491
6,653
6,820
6,990
7,165
7,344
7,528
7,715
8,101
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JULY 09, 2022
1 MO110\191\12093901.v2
Effective July 09, 2022
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Fleet Maintenance Supervisor 1
6,346
6,503.6
6,666
6,834
7,004
7,179
7,359
7,543
7,731
8,118
Facilities Maintenance Supervisor
Public Works Maint. Supv.
Senior Librarian
Adult Literacy Coordinator
Park Supervisor
Recreation Supervisor
Special Events Manager 2
6,228
6,384
6,543
6,707
6,875
7,046
7,223
7,403
7,588
7,968
Consumer Services Supervisor 2.5
6,767
6,935
7,109
7,286
7,469
7,655
7,848
8,043
8,245
8,657
Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Recreation Superintendent 3
6,891
7,064
7,241
7,422
7,607
7,797
7,993
8,191
8,397
8,815
Senior Accountant
Transportation Program Manager
Park Superintendent
Deputy City Clerk
Principal Management Analyst 4
7,204
7,385
7,569
7,758
7,952
8,150
8,355
8,563
8,778
9,216
Housing Program & Grant Admin Coordinator
Redevelopment Project Manager 5
7,552
7,741
7,936
8,132
8,336
8,545
8,759
8,978
9,202
9,662
Senior Planner
Police Records/Dispatch 6
7,917
8,115
8,319
8,526
8,739
8,958
9,182
9,411
9,647
10,130
Communication Manager
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JULY 09, 2022
2 MO110\191\12093901.v2
Support Services Manager 6.5
8,043
8,246
8,451
8,662
8,878
9,101
9,328
9,561
9,800
10,291
Economic Development Project Manager
Recreation Manager 7
8,449
8,660
8,876
9,098
9,326
9,559
9,798
10,043
10,294
10,809
Fire Marshall 7.5
8,685
8,902
9,124
9,352
9,586
9,826
10,071
10,323
10,581
11,110
Building Official 8
8,799
9,018
9,243
9,474
9,711
9,955
10,204
10,458
10,718
11,255
Water Utility Manager 8.5
9,456
9,694
9,935
10,184
10,438
10,700
10,966
11,241
11,522
12,098
Public Works Maint. Manager
Planning Manager 9
9,546
9,784
10,030
10,280
10,538
10,801
11,071
11,347
11,631
12,213
Assistant to City Manager 9.5
8,319
8,527
8,740
8,959
9,183
9,412
9,648
9,889
10,136
10,643
Civil Engineering Associate 11
7,206
7,386
7,570
7,759
7,953
8,152
8,356
8,565
8,779
9,219
Assistant City Engineer 12
9,982
10,231
10,486
10,749
11,016
11,292
11,575
11,864
12,160
12,770
Deputy Fire Marshal 13
6,459
6,621
6,786
6,956
7,130
7,309
7,491
7,678
7,870
8,263
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JANUARY 07, 2023
1 MO110\191\12093901.v2
Effective January 07, 2023
Job Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Fleet Maintenance Supervisor 1
6,409
6,568.6
6,733
6,902
7,074
7,251
7,433
7,618
7,808
8,199
Facilities Maintenance Supervisor
Public Works Maint. Supv.
Senior Librarian
Adult Literacy Coordinator
Park Supervisor
Recreation Supervisor
Special Events Manager 2
6,290
6,448
6,609
6,774
6,943
7,117
7,295
7,477
7,664
8,047
Consumer Services Supervisor 2.5
6,835
7,005
7,180
7,359
7,544
7,732
7,926
8,123
8,327
8,743
Water Distribution Supervisor
Water Production Supervisor
Water Operations Supervisor
Recreation Superintendent 3
6,960
7,134
7,314
7,496
7,683
7,875
8,073
8,273
8,481
8,904
Senior Accountant
Transportation Program Manager
Park Superintendent
Deputy City Clerk
Principal Management Analyst 4
7,277
7,459
7,645
7,836
8,031
8,232
8,439
8,649
8,865
9,308
Housing Program & Grant Admin Coordinator
Redevelopment Project Manager 5
7,628
7,819
8,015
8,214
8,420
8,631
8,846
9,068
9,294
9,759
Senior Planner
Police Records/Dispatch 6
7,997
8,197
8,402
8,611
8,826
9,047
9,273
9,505
9,743
10,231
Communication Manager
ADDENDUM A
MID-MANAGEMENT SALARY TABLE
EFFECTIVE JANUARY 07, 2023
2 MO110\191\12093901.v2
Support Services Manager 6.5 8,123 8,328 8,535 8,749 8,967 9,192 9,421 9,657 9,898 10,394 Economic Development Project Manager
Recreation Manager 7 8,533 8,746 8,965 9,189 9,419 9,654 9,896 10,143 10,397 10,917 Fire Marshall 7.5 8,771 8,991 9,215 9,446 9,682 9,924 10,172 10,426 10,687 11,221 Building Official 8 8,887 9,108 9,336 9,569 9,808 10,054 10,306 10,562 10,826 11,368 Water Utility Manager 8.5 9,551 9,791 10,034 10,285 10,542 10,807 11,076 11,353 11,638 12,219 Public Works Maint. Manager
Planning Manager 9 9,642 9,882 10,130 10,383 10,643 10,909 11,182 11,461 11,747 12,335 Assistant to City Manager 9.5 8,402 8,612 8,828 9,048 9,275 9,506 9,744 9,988 10,237 10,749 Civil Engineering Associate 11 7,278 7,460 7,646 7,837 8,032 8,234 8,440 8,651 8,866 9,311 Assistant City Engineer 12 10,082 10,333 10,591 10,856 11,126 11,405 11,691 11,983 12,282 12,897 Deputy Fire Marshal 13 6,524 6,687 6,854 7,026 7,201 7,382 7,566 7,755 7,948 8,345
City Council Staff Report
+
DATE: July 19, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management SUBJECT: Resolution approving the Memorandum of Understanding between the City and the Monterey Park Confidential Employee Association for the term of July 1, 2023 to June 30, 2025
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Con fidential Employee Association (“CEA”). The CEA represents various non-sworn confidential classifications in the City of Monterey Park;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Representatives of the City of Monterey Park (“City”) and CEA met and conferred to negotiate the terms and conditions of a new Memorandum of Understanding (“MOU”) regarding employment. The parties reached an agreement on an MOU effective July 1, 2023 to June 30, 2025.
BACKGROUND:
CEA’s current MOU term is valid from July 1, 2022 to June 30, 2023. On June 29, 2023, CEA’s representatives agreed to the following terms and conditions:
• Two year agreement – July 1, 2023 to June 30, 2025.
• Equity adjustment in base salary for the following classifications – Human Resources Technician 0.6%.
• Base salary increase – 5% cost of living adjustment to base salary effective the first full pay period after July 1, 2023 and 5% cost of living adjustment to base salary effective the first full pay period after July 1, 2024.
• Art
icle 12 Cash Out of Accrued Leave – increase cash out of vacation and holiday accrued leave up to an additional 40 hours and ability to designate cash out two times in a calendar year.
• Art
icle 17 Holidays – increase designated holiday hours to ten (10) hours in duration. • Article 26 Salaries – Longevity: add 15 years of continuous City service shall receive $75 per month and increase 20 years to $125 per month.
• MOU
language modification:
o Article 9 – Administrative Leave
Consent Calendar - 3D
Staff Report
July 19, 2023
o Article 13 – Bereavement Leave
o Article 25 – Educational Enrollment Cost Reimbursement FISCAL IMPACT:
The total cost of the MOU is estimated at $48,974 for Fiscal Year 2023-2024 and the estimated amount of $46,275 for Fiscal Year 2024-2025 will be budgeted appropriately. This amount will be paid by various funds.
Respectfully submitted by: Review by:
Christine Tomikawa
Director of Human Resources and
Risk Management
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT
S:
1. Proposed MOU Resolution with redline version of MOU
Staff Report
July 19, 2023
ATTACHMENT 1
Proposed Resolution with Redline Version of
Memorandum of Understanding July 1, 2023
to Jun
e 30, 2025
RESOLUTION NO. ____
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR CONTRACT YEAR 2023-2025 BETWEEN THE
CITY OF MONTEREY PARK AND THE MONTEREY PARK
CONFIDENTIAL EMPLOYEES ASSOCIATION.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Confidential Employees Association (“CEA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2023-2025.
SECTION 2: Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2023-25. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.
SECTION 3: Following a vote of its membership, the CEA informed the City that it accepted the MOU.
SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 2023. Accordingly, the Interim City Manager is authorized to execute the MOU in a form approved by the City Attorney.
SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this ____ day of _________, 20__.
____________________________
Jose Sanchez, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
MO110\189\12093894.v2
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK CONFIDENTIAL EMPLOYEES ASSOCIATION
July 1, 201923 — June 30, 202523XX
i
MO110\189\12093894.v2
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE MONTEREY PARK CONFIDENTIAL EMPLOYEES ASSOCIATION
July 1, 201923 — June 30, 202523
PREAMBLE ......................................................................................................................................... 1 ARTICLE 1: SCOPE OF MEMORANDUM OF UNDERSTANDING .......................................... 1 ARTICLE 2: RECOGNITION ............................................................................................................ 1 ARTICLE 3: CITY RESPONSIBILITIES AND RIGHTS ............................................................... 1 ARTICLE 4: EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES .................................. 2 ARTICLE 5: COMMUNICATIONS .................................................................................................. 3 ARTICLE 6: CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS .. 4 ARTICLE 7: GRIEVANCE PROCEDURE ...................................................................................... 4 ARTICLE 8: OVERTIME ................................................................................................................... 5 ARTICLE 9: ADMINISTRATIVE LEAVE ...................................................................................... 6 ARTICLE 10: VACATION ................................................................................................................... 7 ARTICLE 11: SICK LEAVE ............................................................................................................... 8 ARTICLE 12: CASH OUT OF ACCRUED LEAVE ..................................................................... 10 ARTICLE 13: BEREAVEMENT LEAVE ................................................................................... 1211 ARTICLE 14: FAMILY SICK LEAVE ............................................................................................. 12 ARTICLE 15: MILITARY LEAVE ................................................................................................ 1312 ARTICLE 16: JURY DUTY ............................................................................................................... 13 ARTICLE 17: LEAVE OF ABSENCE ......................................................................................... 1413 ARTICLE 18: HOLIDAYS ................................................................................................................. 14
ii
MO110\189\12093894.v2
ARTICLE 19: AUTHORIZATION TO UTILIZE PAID LEAVE TIME ................................... 1615 ARTICLE 20: ACTING ASSIGNMENTS ..................................................................................... 1615 ARTICLE 21: PREMIUM PAY ...................................................................................................... 1716 ARTICLE 22: HEALTH INSURANCE ...................................................................................... 1918 ARTICLE 23: PERS CONTRIBUTION .......................................................................................... 21 ARTICLE 24: RETIREMENT BENEFITS ................................................................................. 2221 ARTICLE 25: EDUCATIONAL ENROLLMENT COST REIMBURSEMENT ..................... 2221 ARTICLE 26: SALARIES .............................................................................................................. 2322 ARTICLE 27: PROBATIONARY PERIOD ................................................................................ 2524 ARTICLE 28: DUTY HOURS/ALTERNATIVE SCHEDULE ............................................... 2524 ARTICLE 29: DEFERRED COMPENSATION PLAN ............................................................. 2625 ARTICLE 30: INDUSTRIAL INJURY ........................................................................................ 2625 ARTICLE 31: UNIT DETERMINATION AND MODIFICATION ....................................... 2625 ARTICLE 32: GENERAL PROVISIONS ...................................................................................... 2928 ARTICLE 33: TERM OF MEMORANDUM OF UNDERSTANDING ..................................... 3029 ARTICLE 34: CITY COUNCIL APPROVAL .............................................................................. 3130 ADDENDUM A SALARY TABLES .................................................................................................. 3231
1 MO110\189\12093894.v2
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MONTEREY PARK, CALIFORNIA
and
THE CONFIDENTIAL EMPLOYEES ASSOCIATION
TERM: July 1, 201923 — June 30, 202523XX
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 Confidential Employees Association, hereinafter also referred to as the "Association" or "Confidential Employee Organization," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.
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.
Unless otherwise noted, all provisions of the MOU become effective the beginning of the pay period following City Council approval of the MOU.
ARTICLE 2: RECOGNITION
The City hereby acknowledges the Monterey Park Confidential Employees Association as the representative for the Confidential employees 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.
The City and the Association agree that either party may reopen this MOU during its term to discuss results of the classification study performed on behalf of the City and/or modifications to Confidential employee classifications subject to this MOU.
This MOU shall cover all Confidential employees as outlined in Addendum A.
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
2 MO110\189\12093894.v2
assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to hire, transfer, and to promote or to lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline, or discharge employees for just cause; to expand or diminish services; to subcontract for any work or operations; to determine and change methods of operations; to determine and change, at its sole discretion, the number of locations, relocations and types of operations and the processes and materials to be employed.
B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding, Personnel Rules and Regulations or Salary Resolutions.
ARTICLE 4: EMPLOYEE AND/OR EMPLOYEE REPRESENTATIVES
A. During the term of this MOU, all employees, as described above in Article 2, shall have the right to join the Monterey Park Confidential Employees Association, or to refuse or refrain from joining said organization.
B. Subject to Section F, below, members of the Association may, by any reasonable method, select four (4) employee members to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during the regular duty or work hours, without loss of time, provided:
1. That no employee representative shall leave duty, workstation or assignment without specific approval by an 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/or initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization cards.
D. Deductions, as authorized in writing by the employee, shall be deducted from earned wages on each payday of each month. The City shall forward to the Monterey Park Confidential Employees Association, at each pay period, all dues and/or initiation fees deducted from the employees.
E. Representatives of the Association, after permission by the Department Director or his/her designated representatives may enter City properties for the sole purpose of transacting business of the Recognized Employee Organization; provided, however, that such business does not interfere with the work or training of the employees or City operations. If, however,
3 MO110\189\12093894.v2
said parties are not available, then permission must be obtained from the City Manager or his/her designated representative.
F. Pursuant to Government Code Section 3505.3, the City shall allow a reasonable number of City employee representatives of the Association reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation. Therefore, the parties agree that no more than four (4) Association representatives shall be deemed a reasonable number of representatives that shall be provided reasonable time off to engage in the meet and confer process with representatives of the City. However, the Department Director(s) or his/her designee(s) has authorization to deny use of release time by any Association representative when, in the sole judgment of the Department Director(s), release of the representative(s) may reasonably be expected to cause or contribute to an unreasonable delay in the provision of services on behalf of the Department.
G. Release of representatives of the Association to participate in non-meet and confer activities of the Association, such as grievance representation and participation in Association meetings during scheduled work hours shall be governed by the release rules and regulations set forth in paragraph F, above. However, City representatives may confine non-meet and confer related release time to less than four (4) Association representatives.
The number of employees to be released in such circumstances shall be at the sole discretion of the City representative.
H. Any Association representative validly participating in Association activities during the employee's scheduled hours of work shall suffer no deduction in compensation as a result of participation in the Association activities. However, participation in Association activities shall not be considered as time worked and shall not entitle any Association representatives to overtime or other compensation in excess of that regularly paid to the employee.
I. A written list of the Officers of the Association and the Employee Representatives shall be furnished to the Director of Human Resources and Risk Management immediately after their designation and the Association shall notify the Director of Human Resources and Risk Management promptly in writing of any changes of such Officers or Representatives.
ARTICLE 5: COMMUNICATIONS
Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee organization members including, but not limited to, the following:
1. Association recreational and social activities.
2. Association election notices and results.
3. Association meetings and events.
4 MO110\189\12093894.v2
ARTICLE 6: CONTINUED PERFORMANCE OF
CITY SERVICES AND OPERATIONS
A. The Association hereby agrees that during the term of this MOU, the employees of the City, as set forth in Article 2, Addendum A, the officers and/or agents of the Association shall not engage in, encourage, sanction, support, authorize, or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignations, mass absenteeism, picketing, or any other intentional interference of work of the City.
B. In the event any employee or employees participate in any such activities as set forth above, the Association shall notify such employee, or employees so engaged, to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.
C. The employee, or employees, participating in such activities as set forth in Sections A and B above shall be subject to disciplinary action by the City, including suspension or discharge, in accordance with the City's Personnel Rules and Regulations.
ARTICLE 7: GRIEVANCE PROCEDURE
Except as modified herein, the Grievance Procedure shall be governed by Personnel Rule XV, Disciplinary Proceedings, Sec. 6, Grievances, of the Personnel Rules and Regulations of the City of Monterey Park which is outlined as follows:
The presentation and hearing of all employee grievances shall be governed by the following rules:
A. A grievance shall be defined as an alleged violation of a specific provision of this Memorandum of Understanding, the City Personnel Rules and Regulations, or of the Rules and Regulations validly propagated by any department within the City, or State Law governing conditions of employment. The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands or other documentation regarding the employee's work performance yet which is not defined as "disciplinary action" by Rule XV of the City Personnel Rules and Regulations.
Discipline shall be imposed in such a manner as to not violate the FLSA with regard to "exempt" employees.
B. All grievances shall be filed in writing with the immediate supervisor of the person aggrieved within fifteen (15) calendar days after the employee knows, or in the exercise of reasonable diligence, would have known, of the occurrence in question.
5 MO110\189\12093894.v2
C. Written notice of disposition of the grievance shall be filed with the next higher administrative authority by the supervisor with whom the grievance was originally filed.
Such notice shall be filed within fifteen (15) calendar days of the original filing of the grievance.
D. If satisfactory redress is not obtained by the employee from the immediate supervisor, the grievance may be appealed in writing through the normal administrative organization: that is, first to the Division Manager; second, the Department Director and third, the City Manager.
In each case a written notice of disposition must be forwarded to the grievant and to the next higher authority within fifteen (15) calendar days of receipt of the employee's written grievance.
E. The City Manager shall be the final authority in all cases except those in which a violation of the Personnel Ordinance or Rules is alleged. The City Manager shall forward notice of disposition of such grievance to the grievant within fifteen (15) calendar days of receipt of the employee's written grievance.
F. In the case of those grievances in which a violation of the Personnel Ordinance or Rules is alleged, an employee may appeal to the Personnel Board after the procedures set forth above have been exhausted.
Such appeals will be filed in writing with the Director of Human Resources and Risk Management who will cause them to be brought to the attention of the Board. The Board will review such appeals and determine whether an investigation and/or hearing should be held.
This preliminary consideration of an appeal will not constitute a hearing by the Board. Within ten (10) calendar days after concluding a hearing pursuant to this section, the Personnel Board shall certify its findings and decision in writing to the City Council, to the City Manager, and to any other official from whose action the appeal is taken, and to the affected employee.
Recommendations by the Board for redress of grievances will be addressed to the City Manager and shall be advisory in nature.
ARTICLE 8: OVERTIME
Except as modified herein, overtime for eligible non-exempt confidential employees shall be governed by Personnel Rule V. Compensation, Sec. 3 Overtime, Sec. 3a General Government Employees, of the Personnel Rules and Regulations of the City of Monterey Park which is outlined as follows:
A. Work Period Defined - Work performed in excess of forty (40) hours per work period shall be classified as overtime work. A work period is a regular recurring period of 168 hours in the form of seven consecutive 24-hour periods.
1. The work period for employees working a regular 5/40, Monday through Friday schedule begins on Saturday at 0001 hours and terminates at the end of the
6 MO110\189\12093894.v2
following Friday at midnight. Work performed during the work period includes vacation, sick leave, holiday, and compensatory time off, provided that they do not fall within a workday when work is actually performed. A workday is a regular recurring period of eight hours within a twenty-four-hour period. For shift workers, the work period shall be defined in such a manner as to comply with FLSA work period requirements. Management shall maintain the right to schedule employees’ workdays, start and end times, and establish FLSA work periods.
2. The work period for employees working a "9/80" work schedule shall be defined in such a manner as to comply with FLSA work period requirements. The "9/80" schedule provides 80 scheduled hours in a 14 day (two week) cycle where (1) one week the employee works four 9-hour work-days and one 8-hour work-day, and (2) the subsequent week consists of four 9-hour work-days with one day off. The work period for FLSA overtime purposes shall be established as four hours into the shift of the eight-hour day and in such a manner that no consecutive seven-day (168 hour) period shall exceed forty (40) hours. Management shall maintain the right to schedule employees' workdays, start and end times, and establish FLSA work periods.
2.3. The work period for employees working a 4/10 schedule begins on Saturday at 0001 hours and terminates at the end of the following Friday at midnight. Work performed during the work period includes vacation, sick leave, holiday, and compensatory time off, provided that they do not fall within a workday when work is actually performed. A workday is a regular recurring period of ten hours within a twenty-four-hour period. For shift workers, the work period shall be defined in such a manner as to comply with FLSA work period requirements. Management shall maintain the right to schedule employees’ workdays, start and end times, and establish FLSA work periods.
B. Overtime worked shall be compensated by either compensatory time off at a time requested by the employee, and agreed to by the Department Director, equal to one and one-half times the time worked or by cash payment of one and one-half times the employee's regular hourly rate.
C. Accumulated compensatory time off in excess of forty (40) hours will be paid off in cash on the first payroll date following December 1 of each year.
D. Non-Exempt employees who are regularly scheduled to work on a holiday or who are assigned to work on a holiday because of a foreseeable City need for their services, shall receive time and one-half payment for the holiday worked and accrue eight (8) hours holiday time (i.e., Special Event requirements, parades, etc.). Exempt employees who are assigned to work on a holiday shall receive straight time pay in addition to accruing 8 hours holiday time.
ARTICLE 9: ADMINISTRATIVE LEAVE
7 MO110\189\12093894.v2
A. Administrative leave shall only be given to positions that are FLSA exempt and are, therefore, not eligible for overtime. As of the effective date of this MOU, the only classification eligible for Administrative leave is Information Systems Specialist.
B. During the term of this agreement, FLSA exempt employees who are regularly required to attend evening meetings or work additional hours shall receive forty (40) hours of Administrative Leave each July 1 st in addition to flex time for extraordinary assignments. Administrative Leave shall have no monetary value, nor shall it be carried over from one fiscal year to the next.
1. FLSA exempt employees who have been designated by their Department Director, with the approval of the City Manager, may receive an additional 16 hours each fiscal year of Administrative Leave. This additional Administrative Leave shall be granted utilizing the following criteria: employee is regularly required or expected to attend City Council, City Commission or other City related functions that occur after normal business hours and/or the Department Director determines that the employee is consistently required to work hours beyond the normal business hours to the extent that the additional hours are justified.
C. The times during the fiscal year at which an employee may take his/her administrative leave shall be determined by the Department Director with due regard for the wishes of the employee and the needs of the service. Eligibility for this leave shall not be predicated upon first having all vacation and sick leave exhausted. Administrative leave may be utilized at any time during the fiscal year.
D. Employees requesting to utilize their administrative leave shall complete a Leave of Absence request form and forward the approved form to payroll. The Management Services Department shall maintain records of accrued administrative leave hours and the Human Resources Department shall maintain records of FLSA exempt employees eligible to earn or utilize administrative leave time in conformity with the guidelines set forth within this Article.
ARTICLE 10: VACATION
A. Accrual of, and eligibility to utilize, vacation shall commence upon date of employment.
B. Earned vacation shall not be accumulated in excess of 500 hours.
1. Effective September 30, 2012, any accumulated vacation in excess of 200 hours was placed into a second bank and no further accumulation shall accrue in that second bank.
C. It is the intent and purpose of this vacation policy that all unit members 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
8 MO110\189\12093894.v2
requirements of any given department may periodically impact the ability of a unit member to utilize any or all of his/her annual vacation accrual. Therefore, it is the policy of the city that no unit member may accrue greater than 500 vacation hours. Upon accrual of 500 vacation hours, no unit member shall accrue any additional vacation hours nor be compensated for any vacation hours in excess of 500 hours unless and until utilization of accrued vacation time results in the employee's vacation account totaling less than 500 hours in their current vacation accrual bank.
D. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.
E. The times during the calendar year at which an employee may take his/her vacation shall be determined by the Department Director with due regard for the wishes of the employee, the employee's accumulated vacation credits, and with particular regard for the needs of the service.
F. At the sole discretion of the City Manager, special consideration may be given to an employee's written request to accumulate vacation credits in excess of the maximum allowable vacation balance of 500 hours. Only in exceptional circumstances shall an employee be allowed to exceed the maximum vacation accrual. Any approval to accrue in excess of the accrual cap requires a written request from the Department Director 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.
G. Upon commencement of employment, vacation leave with pay shall be granted each regular employee at the rate of 80 hours each year.
Additional Vacation - Additional vacation leave with pay shall be granted each regular employee at the rate of 8 hours each year, beginning with the commencement of the employee's sixth (6th) anniversary until the maximum accrual of 200 hours per year is reached. Maximum vacation accrual per year is 200 hours.
ARTICLE 11: 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 appointing authority at any time after 30 days of employment at the rate of
7.33 hours for each full calendar month of continuous employment with the City, including time served in a 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
9 MO110\189\12093894.v2
partner; grandparent; grandchildren; or sibling; or
(b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above. However, the City permits that a total of forty-eight (48) hours of sick leave may be used per calendar year for family sick leave purposes.
C. Sick usage shall first be deducted from Bank No. 2.
D. In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate supervisor, or the Director of Human Resources and Risk Management, prior to the time set for the beginning of his/her daily duties or as specified by the Director of his/her department. A supervisor may require an employee to submit a physician's statement of illness or other satisfactory verification of illness after three days absence for illness. Following three (3) days of absence, a supervisor may require of the employee that they submit a health care provider's certificate indicating they are capable of returning to duty.
E. The City Manager may, at any time, in order to receive further information with respect to the competency of the employee to perform his/her job duties, require such employee to submit to a medical examination, either physical or mental, at the expense of the City.
Refusal of an employee to submit to such medical examination will constitute insubordination and grounds for disciplinary action.
F. Sick Leave Reimbursement Plan — The City shall continue the plan for reimbursement of the unused balance of accrued sick leave earned prior to October 1, 2011, in the following manner:
SICK LEAVE BANK NO. 1:
1. Upon service or disability retirement of an employee, the City will pay to the employee an amount equal to 50% of the individual employee's accumulated sick leave account in Bank No. 1. In addition, the City contracts with PERS for the Sick Leave Credit option.
a. Upon death of an employee prior to retirement, the City will pay to the employee's designated beneficiary, an amount equal to 50% of the employee's accumulated sick leave balance in Bank No. 1.
10 MO110\189\12093894.v2
For sick leave earned on or after October 1, 2011, the following applies:
SICK LEAVE BANK NO. 2:
1. Sick leave for all bargaining unit members shall be
"capped" at 800 hours in Sick Leave Bank No. 2. Employees who retire with more than 10 total years of city service shall be eligible to "cash out" accrued sick leave in sick leave Bank No. 2 at the rate of 12 hours for each one year (12 full months) of city service. City service, for the purposes of determining how many hours an employee would be eligible to cash out, shall be calculated beginning from the date of employment.
2. Upon voluntary resignation, the City will pay to the employee an amount equal to 25% of the employee's accumulated sick leave balance, provided that the employee's sick leave utilization rate has not exceeded 33% of the annual accrual rate in the preceding five years, excluding sick leave hours cashed out pursuant to the provisions of this MOU, utilized for donations or membership in the Catastrophic Leave Bank.
G. Catastrophic Leave Bank. All regular employees covered by this Agreement will be enrolled in the Catastrophic Leave Bank as described in Administrative Policy 30-10. The City will annually contribute eight (8) hours of sick leave on behalf of each eligible employee.
Probationary employees are not eligible for participation in the Catastrophic Leave Bank program but will be enrolled upon completion of probation.
ARTICLE 12: CASH OUT OF ACCRUED LEAVE
1. Optional Annual Cash-Out
A. Effective through December 31, 2021, employees may elect to cash-out up to a total of one hundred and twenty (120) hours of accumulated but unused vacation, sick, and/or holiday time.
There is no limit to the number of requests for cash-out that an employee may make during this time period, as long as the total number of time cashed-out does not exceed the one hundred and twenty (120) hours during that time period.
The payments are made via payroll upon receipt and processing of the request.
B.A. Effective January 1, 2022 and continuing thereafter, e Employees must submit an irrevocable election form, by no later than December 15 th of the preceding calendar year, to cash-out vacation, sick or holiday leave (or a combination thereof), up to 120 hours of leave that may accrue in the following calendar year. Employees may increase their irrevocable election by an additional 40 hours (for maximum of 160 hours).
However, the additional 40 hours can only be from vacation hours or holiday hours (but not sick leave hours) to be accrued in the following calendar year. The cash-out is
11 MO110\189\12093894.v2
for hours to be accrued in the calendar year following submission of the irrevocable election form. The employee shall indicate on the irrevocable election form the number of hours to be cashed out with the last paycheck in June and/or the last paycheck in December. Employees must maintain a minimum of 100 hours in sick bank 2 and cannot cash out sick hours that will bring them below the 100 hour minimum requirementNo cash out will occur unless, at the time the cash out payment is made, the employee maintains a balance of at least one-hundred (100) hours in sick leave bank
2. The payment shall be made via payroll with the last paycheck in inthe following June and/or December after receipt of the irrevocable election form . as designated by the employee.
Employees who do not submit an irrevocable election form by December 15 th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash-out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1 st of the calendar year the employee had elected to cash-out and/or in that same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
C.B. An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or Loss or extensive damage to the employee’s property due to casualty; or Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
12 MO110\189\12093894.v2
Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.
The payment shall be made with the last paycheck in December of that same calendar year.
DC. Any cash-out of sick leave shall not cause the employee’s total amount of accumulated sick leave in their sick leave bank 2 to fall below an eighty (80) hour minimum balance. Cash-out of accumulated time shall be at the employee’s option.
Requests for cash-out are to be submitted in a manner prescribed by the City.
ARTICLE 13: BEREAVEMENT LEAVE
A. Each employee covered by this agreement may be granted bereavement leave at the discretion of the employee's Department Director. Paid bBereavement leave may not exceed four three ( 43) working days . Should an employee require a fifth working day off, the employee shall be able to use sick or vacation leave, or take an unpaid day off. H, however, if travel outside the State of California, or within the State of California, but extending beyond a distance of 300 miles from Monterey Park is necessary, paid bereavement leave may be extended to a total of five (5) working days. Bereavement Leave shall be charged to a separate, paid leave account. Employees shall be allowed to take bereavement leave pursuant to this article within three (3) months of the death of the immediate family member.
B. Bereavement leave shall be defined as whenever any unit employee has experienced a death, or critical illness where death appears imminent in the immediate family, defined as the spouse, the employee’s or employee’s spouse’s mother or father, stepmother or stepfather, brother or sister, child, grandparents, grandchildren, son-in-law, daughter-in-law, brother-in-law, sister-in- law and the employee’s registered domestic partner.
ARTICLE 14: FAMILY SICK LEAVE
A. An employee with regular status may be granted emergency sick leave or family sick leave at the discretion of the employee's Department Director whenever serious illness or injury occurs to a member of the employee's immediate family.
B. Emergency and family sick leave will be charged to sick leave.
C. Immediate family, for the purpose of emergency or family sick leave, shall be defined as in Article 13 - Bereavement Leave.
D. Serious illness, for the purpose of emergency sick leave, shall be defined as an emergency situation, in that the family member - injured or ill - requires hospitalization and/or immediate medical attention and treatment by a physician. The employee is expected to make suitable arrangements for the care of the injured or ill family member as soon as practicable following the actual emergency.
13 MO110\189\12093894.v2
E. Family illness shall be defined as a situation which requires an employee to take care of a family member who is ill or has a scheduled appointment with a health care professional.
F. Should the need for family leave under the terms of this Article exceed six working days per occurrence, the employee shall make application for leave under authority of the Family and Medical Leave Act (FMLA) and any continued approval for leave shall be governed by provisions contained therein.
G. In order to receive compensation while absent on family or emergency sick leave, the employee shall receive verbal approval from their Department Director or her/his authorized representative.
H. In the event that an employee has less than six accumulated sick leave days, family sick leave can be granted only to the extent of the employee's accumulated sick leave account balance.
ARTICLE 15: 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 in Section 395 et. seq. of the Military and Veteran's Code of the State of California.
An employee who is granted either a temporary military leave or other military leave while serving a probationary period must complete the remainder of the probationary period upon his/her reinstatement. The leave period will not reduce the length of the probationary period or offset any portion of the probationary period.
ARTICLE 16: JURY DUTY
A. An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall be paid up to and including ten (10) days of salary and benefits during each fiscal year while engaged in such activities. Compensation shall extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or less days in duration.
B. Under such circumstances, the employee shall receive his/her regular salary while on such leave, provided that the employee remits to the City any payments or fees received as a witness. The employee shall be allowed leave with pay during the period of such service.
While the employee is receiving his/her salary, any court or State jury fees, exclusive of mileage reimbursement, shall be remitted to the City by the employee.
C. The employee shall advise the Director of Human Resources and Risk Management upon receiving a court order to appear for the initial examination as a prospective juror or
14 MO110\189\12093894.v2
subsequently to serve as a juror. The granting of such leave with pay shall be subject to the approval of the City Manager.
ARTICLE 17: LEAVE OF ABSENCE
Leave of Absence shall be governed by Personnel Rule XI, Attendance and Leaves, Sec. 4, Leave of Absence„ of the Personnel Rules and Regulations of the City of Monterey Park which is outlined as follows:
A. The City Manager may grant a regular employee leave of absence without pay for a period not to exceed ninety (90) days.
B. No such leave shall be granted except upon written request of the employee.
C. Approval shall be in writing and a copy filed with the Director of Human Resources and Risk Management.
D. The City Council may grant a regular employee leave of absence without pay for a period not to exceed one year.
E. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge.
ARTICLE 18: HOLIDAYS
A. Municipal offices, including the Library, and with the exception of the Police and Fire Department facilities, shall be closed on the following holidays:
New Year's Day Independence Day Day after Thanksgiving
Martin Luther King, Jr.
Third Monday in January Labor Day Christmas Eve Day
Washington's Birthday
Third Monday in February Veteran's Day Christmas Day
Memorial Day Last
Monday in May Thanksgiving Day New Year's Eve Day
Represented employees shall receive one floating holiday. Holiday hours shall be accrued during the pay period in which the holiday occurs.
15 MO110\189\12093894.v2
All designated holidays are up to ten nine (109) hours in duration and employees will receive nine up to ten hours credit in the employee's holiday bank (depending on the employees work schedule), or if a holiday lands on a Saturday or Sunday, the employee's holiday bank shall be credited eight (8) hours.
Effective April 1, 2014, m Members shall be afforded thirteen (13) holidays. One floating holiday of ten (10) hours will be credited to the employee’s holiday bank the first full pay period after July 1. One floating holiday will be eliminated in exchange for the City implementing holidays capped at nine hours credit. Any employees working a shift in excess of tennine hours will use their vacation or holiday leave balance to account for their full shift for a holiday.
B. The employee shall be subject to two (2) separate holiday accumulation banks, each of which shall consist only of floating holidays. The first holiday bank (Bank No. 1) shall consist of those floating and/or minimum staff day holidays not utilized during the fiscal year 1992/93, and the total number of holidays accrued on or before June 19, 1993. The number of holidays contained within this Bank No. 1 shall not increase.
C. The maximum "holiday" accrual shall be eighty (80) hours. Upon reaching the maximum, no additional hours will accrue to the employee.
D. Holiday usage may be deducted from either of the above two (2) banks.
E. Only those employees who hold probationary or regular appointments shall receive compensation for legal holidays. However, employees holding probationary or regular appointments must be on paid status on both the workday prior to, and the workday following the holiday, in order to receive compensation for the holiday. An employee on vacation, sick leave, or other paid leave of absence is considered to be in a paid status and, therefore, would receive compensation for the holiday.
Employees who are regularly scheduled to work on a holiday or who are assigned to work on a holiday because of a foreseeable City need for their services, shall receive time and one-half payment for the holiday worked and accrue tennine (109) hours holiday time, or if a holiday lands on a Saturday or Sunday, the employee's holiday bank shall be credited teneight (108) hours (i.e., Special Event requirements, parades, etc.). Refer to Article 8, Section D above for employees who are required to work Emergency Call Back.
Should a holiday fall on an employee's regularly scheduled day off, that employee shall receive tennine (109) hours holiday time., or iIf a designated holiday lands on a Saturday or Sunday , it shall be observed by the City on the preceding Friday or if Friday is an employee’s regularly scheduled day off, the employee's holiday bank shall be credited teneight ( 108) hours subject to the maximum accrual provisions of this Article. If a designated holiday lands on a Sunday, it shall be observed by the City on the Monday following the holiday or if Monday is an employee’s regularly scheduled day off, the employee’s holiday bank shall be credited ten (10) hours subject to the maximum accrual provisions of this Article.
16 MO110\189\12093894.v2
ARTICLE 19: AUTHORIZATION TO UTILIZE PAID LEAVE TIME
Each unit member's Department Director or his/her designee shall have sole discretion to approve or deny an employee's request to take paid leave time off (i.e. vacations, etc.). The Department Director's determination shall be based upon the service needs of the City and the leave request may be denied by the Department Director if he/she determines that utilization of leave time off will or may have a negative effect on provision of services.
ARTICLE 20: ACTING ASSIGNMENTS
Acting assignments shall be filled in the following manner (to the extent that this Article is inconsistent with the Personnel Rules and Regulations of the City of Monterey Park, this Article shall prevail):
A. Need for Acting Assignments - To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on an acting basis to positions of a higher classification. For the purposes of this Article, it is understood that acting assignments may be required in order to temporarily fill position classification vacancies, which may exist for any of the following reasons:
1. A position classification is permanently vacant and is scheduled to be filled by a regular full-time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.
2. A position classification is temporarily vacant although, permanently filled, because the regular employee is on an approved paid or unpaid leave of absence.
It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every possible and reasonable effort to fill vacancies in a most expeditious manner and to keep the need for such acting assignments to a minimum.
B. Selection for Acting Assignments - The selection of an employee for acting assignments shall be at the sole discretion of the Department Director or his/her designee, taking into consideration the requirements of the position to be filled and the qualifications, job performance, and seniority of those employees eligible for the acting assignment. No persons shall be appointed to an acting assignment either when on probation or into a position classification more than one class level above his or her regular class in those instances where such an assignment would result in the acting employee being in a supervisory position in relation to an employee who is regularly the acting employee's supervisor. If a person is appointed to an acting assignment in a position classification more than one class level above his or her regular class and if during the term of said acting assignment, the vacant class level immediately below the acting position is filled, then the acting assignment shall terminate with the employee being restored to his/her regular position.
17 MO110\189\12093894.v2
C. Pay for Acting Assignments - Acting pay shall be authorized when an employee is acting in a higher level position commencing with the start of the thirtieth consecutive working day that the employee is acting in the higher level position and paid retroactively to the first day of the acting assignment. Acting pay shall be authorized at Step 1 of the position classification to which the acting assignment is made, provided that Step 1 is at least 5% higher than the base salary of the employee's regular assignment. If Step 1 is less than 5% greater, the acting appointment will be made at the first step which is greater than 5% but is less than 10% above the base salary. No changes in employee benefits shall be granted to employees in acting assignments.
D. Status of Employee in Acting Assignment - Time served in an acting assignment shall not be credited towards completion of a probationary test period in the acting position.
Time served in an acting position shall not alter the employee's anniversary date. If the acting employee would have been eligible for a merit increase had the acting appointment not been made, the employee shall remain eligible for such merit increase with the employee's performance in both the regular and acting positions being considered.
E. Duration of Acting Assignment - Absent exigent circumstances, a position in the competitive service shall not be filled in an acting capacity for more than six (6) consecutive months. The City shall meet and consult with the Association prior to any extension of an acting appointment beyond six-months and at mutually agreeable intervals thereafter, during continuation of the acting assignment. The City shall give notice to the Association, as soon as reasonably practicable, when a personnel action form is processed to place a Confidential employee in an acting assignment.
ARTICLE 21: PREMIUM PAY
A. Bilingual Pay (Interpretation)
1. Association members who are capable of speaking, interpreting and, on an occasional or sporadic basis, providing limited general translation for routine correspondence (i.e., constituent letters, resident suggestions/complaints, newspaper articles, etc.) in a foreign language, as deemed useful by the City, shall receive $50.00 per month bilingual skill pay in addition to his/her regular salary.
2. The City shall establish qualifying tests to determine bilingual capability and certification. Employees who become eligible for bilingual pay may be required to recertify their eligibility every four years.
3. To be eligible for bilingual pay, the employee must routinely and regularly use his/her translation and interpretation skills in the performance of his/her regular duties that includes customer service and public contact. Should the employee's duties change such that the use of bilingual skills is no longer required, the bilingual skill pay shall cease. Eligibility for bilingual skill pay is subject to the approval of the Department Director and Human Resources Director and their decision is not subject to appeal. Further, the number of employees to be approved as qualified to translate
18 MO110\189\12093894.v2
in any language shall be at the sole discretion of the City and such determination is not subject to any appeal.
B. Bilingual Pay (Transcription)
All confidential employees who are certified as bilingual pursuant to Section A above and are qualified to perform formal translation of City documents (i.e. forms, brochures, press releases, etc.) and are routinely requested to translate documents utilized in the conduct of City business for City departments, will receive fifty dollars ($50) per month bilingual translation skill pay. The number of employees so qualified to translate in any language shall be determined at the sole discretion of the City. Employees may make application for translation certification through the Human Resources Department. The certification process shall consist of such tests as determined by the Human Resources Department.
Recertification may be required every four years.
C. Combined Bilingual Pay
Unit employees who are certified as bilingual pursuant to A.1. and are qualified to perform both verbal and formal translation of City documents (i.e. forms, brochures, press releases, etc.) and are routinely requested to translate documents utilized in the conduct of City business for City departments, will receive a combined $150 for bilingual verbal and written translation in lieu of Section A and B above. The number of employees so qualified to translate in any language shall be determined at the sole discretion of the City.
Employees may make application for translation certification through the Human Resources Department. The certification process shall consist of such tests as determined by the Human Resources Department. Re-certification will be required on a biennial basis.
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.
D. Public Notary Services
In recognition of the City's need and use of public notary services, those confidential unit employees who have such public notary certificates as approved by the Secretary of State for the State of California shall receive one hundred dollars ($100.00) per month pay in addition to his/her base salary. However, there shall be no more than three (3) authorized employees at any one time with determination of who and how many to be at the sole discretion of the City Manager.
The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a) (2) – Education Premium.
E. CMO Premium Pay
1. Employees who are assigned to the City Council/City Manager's office on a regular