HomeMy WebLinkAboutAugust 21, 2007�� of ARC
�..,...a NOTICE OF SPECIAL MEETING
c ° 'A�a� Y ate'P`• As authorized by California Government Code Section 54956 and Arcadia
City Charter Section 408, a Special Meeting of the Arcadia City Council is hereby
C i ty of called to be held at the City of Arcadia Council Chamber Conference Room, 240 W.
Huntington Drive, Arcadia, California at 5:00 p.m. on Tuesday, August 21, 2007.
A rcadia At this Special Meeting, the following matters will be discussed, considered
and acted upon:
Office of the 1. CLOSED SESSION
City Clerk a. Pursuant to Government Code Section 54957 to discuss the upcoming
City Manager vacancy.
b. Pursuant to Government Code Section 54957.6 to confer with labor
negotiators.
Jim Barrows City Negotiators William W. Floyd, Tracey Hause and Mike
Ci Clerk Casalou.
Employee Organizations Arcadia Public Employees Association,
Arcadia City Employees, Arcadia Police Officers' Association,
Arcadia Firefighters' Association and unrepresented employees:
Department Heads, Division Managers, Supervisors, and Part-time
employees.
STUDY SESSION
0
Report, discussion and direction regarding the establishment of a
Citywide Street Lighting Assessment District.
b. Report, discussion and direction regarding City Investment Policy.
Prior to going into closed session, there will be time reserved for those who
wish to address the City Council regarding the above items.
No further business other than the above will be considered at this meeting.
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574 -5455
(626) 447 -7524 Fax
Dated: August 15, 2007
Mayor of the City A Arcadia
Pursuant to the Americans with Disabilities Act, persons with a disability who
require a disability related modification or accommodation in order to participate in a
meeting, including auxiliary aids or services, may request such modification or
accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior
to the meeting with enable the City to make reasonable arrangements to assure
accessibility to the meeting.
F^ gp7 - CITY OF ARCADIA
G ,ytFO
CITY COUNCIL/REDEVELOPMENT AGENCY
—ter° REGULAR MEETING
°'r ^ {"' TUESDAY, AUGUST 21, 2007
AGENDA
7:00 p.m.
Location: City Council Chamber, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Mickey Segal, Mayor /Agency Chair
Robert Harbicht, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Roger Chandler, Council /Agency Member
John Wuo, Council /Agency Member
INVOCATION
Reverend Thomas Shriver, Emmanuel Assembly of God
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Amundson, Chandler, Harbicht, Wuo and Segal
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
1. PUBLIC HEARING
All interested persons are invited to appear at the Public Hearing and to provide evidence or
testimony concerning the proposed items of consideration. You are hereby advised that should
you desire to legally challenge any action taken by the City Council with respect to any Public
Hearing item on this agenda, you may be limited to raising only those issues and objections
which you or someone else raised at or prior to the time of the Public Hearing.
CITY COUNCIL ITEMS:
El
Recommended Action: Adopt
PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "'Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary
prior to the start of the 7:00 p.m. Open Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
2. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no separate discussion of these items unless
members of the City Council /Redevelopment Agency request specific items be removed from
the Consent Calendar for separate action.
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES OF AUGUST 7. 2007.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES OF AUGUST 7. 2007.
Recommended Action: Approve
C.
TIME EMPLOYEES.
Recommended Action: Adopt
G
EMPLOYEES ASSOCIATION (ACEA) FOR JULY 1, 2007 THROUGH JUNE 30,
2010.
Recommended Action: Adopt
e.
RESOLUTION NO. 6588 ESTABLISHING COMPENSATION AND RELATED
BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA
FIREFIGHTERS' ASSOCIATION (AFFA) FOR JULY 1. 2007 THROUGH JUNE
30. 2010.
Recommended Action: Adopt
JUNE 30, 2010.
Recommended Action: Adopt
u
h.
LOS ANGELES RIVER METALS TOTAL MAXIMUM DAILY LOADS IN THE
AMOUNT OF $7,090.
Recommended Action: Approve
l!4
3. CITY MANAGER
a.
Recommended Action: Provide
b. REPORT, DISCUSSION AND DIRECTION REGARDING THE
Recommended Action: Provide Direction
Recommended Action: Adopt
SANTA ANITA INTERSECTION IMPROVEMENTS PROJECT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THIS AGREEMENT.
Recommended Action: Adopt
Recommended Action: Approve
PREVENTATIVE MAINTENANCE AT ALL CITY FACILITIES IN THE AMOUNT
OF $109.900.
Recommended Action: Approve
Recommended Action: Approve
4. CLOSED SESSION
a. PURSUANT TO GOVERNMENT CODE SECTION 54957 TO DISCUSS THE
UPCOMING CITY MANAGER VACANCY.
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting in memory of Phyllis Tomkins
and Warren Stute to September 4, 2007, 6:00 p.m. in the City Council Chamber Conference
Room located at 240 W. Huntington Drive, Arcadia.
PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY
WHO REQUIRE A DISABILITY - RELATED MODIFICATION OR ACCOMODATION IN ORDER
TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY
REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626)
574 -5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY
TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE
MEETING.
CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING
ANNOTATED AGENDA
AUGUST 21, 2007
8
9
1
CLOSED SESSION
a. Pursuant to Government Code Section 54957 to discuss the upcoming
City Manager vacancy.
b. Pursuant to Government Code Section 54957.6 to confer with labor
negotiators.
City Negotiators William W. Floyd, Tracey Hause and Mike Casalou.
Employee Organizations Arcadia Public Employees Association,
Arcadia City Employees, Arcadia Police Officers' Association, Arcadia
Firefighters' Association and unrepresented employees: Department
Heads, Division Managers, Supervisors, and Part-time employees.
STUDY SESSION
a.
REPORT, DISCUSSION
ESTABLISHMENT OF
ASSESSMENT DISTRICT.
AND DIRECTION REGARDING THE
A CITYWIDE STREET LIGHTING
ITEM
CONTINUED TO
A CONTINUED
SPECIAL
MEETING
IMMEDIATELY
FOLLOWING
THIS REGULAR
MEETING
NO
REPORTABLE
ACTION TAKEN
A BRIEF REPORT
WAS
PRESENTED
AND
DISCUSSED;
ITEM WILL BE
FURTHER
DISCUSSED
UNDER 3.B ON
THE REGULAR
AGENDA
REPORT, DISCUSSION AND DIRECTION REGARDING CITY
INVESTMENT POLICY.
PUBLIC HEARING
CONTINUED TO
A FUTURE
STUDY SESSION
a_. RESOLUTION NO. 6579 EXPANDING THE BOUNDARIES OF ADOPTED 5 -0
UNDERGROUND UTILITY DISTRICT #15.
2. CONSENT CALENDAR:
REDEVELOPMENT AGENCY ITEMS
a. REGULAR MEETING MINUTES OF AUGUST 7, 2007. APPROVED 4 -0
(Amundson
Abstained)
CITY COUNCIL ITEMS
b. REGULAR MEETING MINUTES OF AUGUST 7, 2007. APPROVED 4 -0
(Amundson
Abstained)
C. RESOLUTION NO. 6584 ESTABLISHING COMPENSATION AND ADOPTED 5 -0
RELATED BENEFITS FOR EXECUTIVE MANAGEMENT,
MANAGEMENT AND PART- TIME EMPLOYEES.
d. RESOLUTION NO. 6586 ESTABLISHING COMPENSATION AND ADOPTED 5 -0
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA CITY EMPLOYEES ASSOCIATION (ACEA) FOR JULY 1,
2007 THROUGH JUNE 30, 2010.
e. RESOLUTION NO. 6587 ESTABLISHING COMPENSATION AND ADOPTED 5 -0
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION (APWEA)
FOR JULY 1, 2007 THROUGH JUNE 30, 2010.
f. RESOLUTION NO. 6588 ESTABLISHING COMPENSATION AND ADOPTED 5 -0
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA FIREFIGHTERS' ASSOCIATION (AFFA) FOR JULY 1, 2007
THROUGH JUNE 30, 2010.
9. RESOLUTION NO. 6590 ESTABLISHING THE 2007 -08 DEBT ADOPTED 5 -0
SERVICE ON THE GENERAL OBLIGATION BONDS AND
AUTHORIZED MAINTENANCE AND OPERATING COSTS OF THE
LIGHTING DISTRICT.
h. RESOLUTION NO. 6591 APPROVING PROGRAM SUPPLEMENT ADOPTED 5 -0
AGREEMENT NO. 008 -N TO ADMINISTRATING AGENCY — STATE
AGREEMENT NO. 07 -5131R TO ENCUMBER FEDERAL AID FUNDS
FOR THE SANTA ANITA INTERSECTION IMPROVEMENTS
PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THIS AGREEMENT.
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN ADOPTED 5 -0
IMPLEMENTATION AGREEMENT FOR OVERSIGHT OF SPECIAL
STUDIES RELATED TO THE LOS ANGELES RIVER METALS TOTAL
MAXIMUM DAILY LOADS IN THE AMOUNT OF $7,090.
AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR ADOPTED 5 -0
CONTRACT EXTENSION WITH CLS LANDSCAPE MANAGEMENT,
INC. FOR TREE TRIMMING MAINTENANCE SERVICES IN THE
AMOUNT OF $300,000.
k. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR ADOPTED 5 -0
CONTRACT EXTENSION WITH SHELDON MECHANICAL
CORPORATION FOR THE HEATING VENTILATION AND AIR
CONDITIONING (HVAC) PREVENTATIVE MAINTENANCE AT ALL
CITY FACILITIES IN THE AMOUNT OF $109,900.
AWARD A PURCHASE ORDER TO MOSS BROS. DODGE OF ADOPTED 5 -0
RIVERSIDE FOR THREE (3) DODGE CHARGER PATROL UNITS IN
THE AMOUNT OF $72,500.
3.
4.
CITY MANAGER
a. REPORT, DISCUSSION AND DIRECTION REGARDING PROPOSED
SECURITY MEASURES FOR BONITA PARK AND SKATE PARK.
b. REPORT, DISCUSSION
ESTABLISHMENT OF
ASSESSMENT DISTRICT.
AND DIRECTION REGARDING THE
A CITYWIDE STREET LIGHTING
CLOSED SESSION
a. PURSUANT TO GOVERNMENT CODE SECTION 54957 TO DISCUSS
THE UPCOMING CITY MANAGER VACANCY.
APPROVED 5 -0
TOINSTALL
WARNING
SIGNS;
MONITOR
SITUATION AND
CLOSE PARK
FOR 30 DAYS IF
FURTHER
INCIDENTS
OCCUR
APPROVED 5 -0
TO PROCEED
WITH
ASSESSING
AREA 8 AND
FORMATION OF
A CITYWIDE
STREET
LIGHTING
ASSESSMENT
DISTRICT
CONCURRENTLY
APPOINT DON
PENMAN AS
CITY MANAGER
EFFECTIVE
1/1/08; AND
PREPARE
EMPLOYMENT
AGREEMENTTO
BRING BACK AT
A FUTURE
MEETING
49:0103
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, AUGUST 21, 2007
CALL TO ORDER
Mayor Segal called the meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal
ABSENT: None
CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
None.
CLOSED SESSION
a. Pursuant to Government Code Section 54957 to discuss the upcoming City
Manager vacancy.
b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators.
City Negotiators William W. Floyd, Tracey Hause and Mike Casalou.
Employee Organizations Arcadia Public Employees Association, Arcadia City
Employees, Arcadia Police Officers' Association, Arcadia Firefighters'
Association and unrepresented employees: Department Heads, Division
Managers, Supervisors, and Part-time employees.
STUDY SESSION
a. Report, discussion and direction regarding the establishment of a Citywide Street
Lighting Assessment District.
Mr. Malloy provided an overview regarding the establishment of a citywide street lighting
assessment district. He discussed the estimated cost to the residents associated with the
assessment for those residents who benefit from the street lighting in specific areas and the
cost per household and parcel per year, the regional and local cost including ancillary costs in
each zone and the balloting process. He explained which districts require lights and which
districts would require upgrades only.
b. Report, discussion and direction regarding City Investment Policy.
Mr. Kelly announced that due to time constraints, this item will be placed on a future study
session agenda.
08 -21 -2007
49:0104
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Segal convened the Open Session meeting at 7:07 p.m. in the Council Chamber,
INVOCATION
Reverend Thomas Shriver, Emmanuel Assembly of God
PLEDGE OF ALLEGIANCE
Bob Sanderson, Chief of Police
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal
ABSENT: None
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEM
City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in
a special meeting to consider two closed session items (1.a and 1.b) and one study session
item (2.a) listed on the posted special meeting notice. Mr. Deitsch also reported that item 2.b
was not considered and will be continued to a future study session meeting.
Mr. Deitsch reported that closed session item 1.a was continued to a continued closed session
special meeting immediately following the regular meeting of the City Council; he also noted that
that no reportable action was taken regarding item 1.b.
Mr. Deitsch reported that regarding study session item 2.a there was a brief report and
discussion concerning the possible establishment of a city wide street lighting assessment
district and that the item will further be discussed under regular agenda item 3.b.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER /EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council /Agency Member Amundson, seconded by Council /Agency
Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
PUBLIC HEARING
a. RESOLUTION NO. 6579 EXPANDING THE BOUNDARIES OF
UNDERGROUND UTILITY DISTRICT #15.
Recommended Action: Adopt
08 -21 -2007
49:0105
Mr. Wray provided an overview on the formation and purpose of underground utility districts and
explained the purpose of expanding Underground Utility District (UUD) No. 15. He noted that
the Los Angeles County Department of Public Works is currently working on an underground
utility district from the Arcadia westerly city limits to Rosemead Boulevard and further noted that
Southern California Edison Company has requested the City expand its district boundary to the
westerly city limits so that the underground work can be continuous between the two
jurisdictions. Mr. Wray noted that the underground conduit work in UUD No. 15 is complete and
the actual construction work in the expanded area will occur with the County's project and that
all costs for construction will be paid for by the utility companies.
A motion to close the public hearing was made by Council /Agency Member Chandler, seconded
by Council /Agency Member Wuo and seeing no further objection, the Mayor closed the public
hearing.
A motion was made by Council /Agency Member Wuo, seconded by Council /Agency Member
Chandler and carried on roll call vote to Adopt Resolution No. 6579 expanding the boundaries of
Underground Utility District #15.
AYES: Council Member Wuo, Chandler, Amundson, Harbicht and Segal
NOES: None
PUBLIC COMMENTS
Troy Hernandez, President of the Arcadia Police Officers' Association appeared and spoke on
behalf of the police officers' association regarding current negotiations and benefits and urges
the City Council to accept their current proposal.
William R. Foulk appeared and spoke regarding a vehicle on Third Avenue that has been
blocking the public sidewalk area. Mr. Kelly advised Mr. Foulk that Police Chief Sanderson will
contact him.
Bill Mack appeared and spoke regarding a new L.A. Fitness near Duarte Road and expressed
traffic concerns, the 24 hours of operation and a parking modification submitted by L.A. Fitness.
He advised that the appeal date for this project is tomorrow and requested that the City Council
place this item on a future City Council agenda to consider additional information.
In response to an inquiry by Council Member Harbicht regarding the new L.A. Fitness, Mr.
Penman provided the City Council with a brief history of the Planning Commission's decision.
In response to a statement provided by Mr. Kelly regarding the appeal process by any member
of the City Council, Council Member Wuo announced that he would appeal the Planning
Commission's decision regarding the new L.A. Fitness project so additional information can be
provided to the City Council for consideration.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Amundson commented that last month he attended the Independent Cities
Association conference and received information regarding transportation gridlock; he
commented on an article in the Pasadena Star Newspaper regarding State transportation
issues; he commented that he attended another workshop regarding fiscal management and
read a book by Len Wood regarding local government and the importance of guarding the
general fund balance; he noted that other cities offer low interest home loans for police officers
08 -21 -2007
49:0106
so they can afford to live in the community they work in and asked Mr. Kelly to explore; and he
commented on a letter that he received from Highland Homeowners Association regarding strip
clubs.
In response to a question by Mr. Amundson regarding strip clubs, City Attorney Steve Deitsch
responded that the League of California Cities can provide information on what other cities have
done regarding adult businesses; Mr. Deitsch noted that strip clubs are a very difficult area of
the law since first amendment rights are involved.
Mr. Amundson further noted that Thursday is the last to day to donate items for the troops and
record a video message to the troops; he commented that Arcadia has been very generous with
employee contracts and shared his concerns regarding the long term expenses of the contracts.
Council Member Chandler had nothing to report.
Council Member Wuo commented on the complaint received during public comment regarding
the vehicle blocking the public sidewalk; and noted that he was not aware of the deadline date
for filing applications regarding the Alta Street project.
Council Member Harbicht commented that the City Council appreciates the efforts of the police
officers and noted that the matter should be resolved quickly. Council Member Harbicht
inquired about the vehicle blocking the public sidewalk and Chief Sanderson responded that
yes, if the vehicle is blocking the public sidewalk, it is a violation. He commented on a flyer he
received in the mail which states that peacock's have the right of way to cross any street and
driveway in Arcadia.
City Clerk James Barrows commented that school will begin shortly and that everyone should
drive safely; he thanked the City for sponsoring the concerts and thanked the Recreation
Department for all their hard work in setting up; he announced that in July, the Arcadia High
School baseball program hosted 3 Babe Ruth Baseball tournaments and the San Gabriel Valley
team which consisted of kids who live in Arcadia or attended Arcadia High School won the
series; he noted that the San Gabriel Valley team has won 3 of the last 4 years and thanked
them for a great job representing the City.
Mayor Segal reminded everyone that Thursday night is the last concert and encouraged
residents to attend.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES OF AUGUST 7. 2007.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES OF AUGUST 7. 2007.
Recommended Action: Approve
08 -21 -2007
td
49:0107
C. RESOLUTION NO. 6584 ESTABLISHING COMPENSATION AND RELATED
BENEFITS FOR EXECUTIVE MANAGEMENT, MANAGEMENT AND PART -
TIME EMPLOYEES.
Recommended Action: Adopt
d. RESOLUTION NO. 6586 ESTABLISHING COMPENSATION AND RELATED
2010.
Recommended Action: Adopt
e.
WORKS EMPLOYEES ASSOCIATION (APWEA) FOR JULY 1, 2007 THROUGH
JUNE 30, 2010.
Recommended Action: Adopt
FIREFIGHTERS' ASSOCIATION (AFFA) FOR JULY 1. 2007 THROUGH JUNE
30. 2010.
Recommended Action: Adopt
RESOLUTION NO. 6590 ESTABLISHING THE 2007 -08 DEBT SERVICE ON
THE GENERAL OBLIGATION BONDS AND AUTHORIZED MAINTENANCE
AND OPERATING COSTS OF THE LIGHTING DISTRICT.
Recommended Action: Adopt
RESOLUTION NO. 6591 APPROVING PROGRAM SUPPLEMENT
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN IMPLEMENTATION
AGREEMENT FOR OVERSIGHT OF SPECIAL STUDIES RELATED TO THE
LOS ANGELES RIVER METALS TOTAL MAXIMUM DAILY LOADS IN THE
AMOUNT OF $7,090.
Recommended Action: Approve
j. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR
Recommended Action: Approve
k.
08 -21 -2007
AUTHORIZE THE CITY MANAGER TO EXECUTE THIS AGREEMENT.
Recommended Action: Adopt
Recommended Action: Approve
49:0108
$ 72,500.
Recommended Action: Approve
Council Member Harbicht asked that City Council Consent Item 2.i be pulled for discussion.
Council Member Amundson noted that he would abstain from Redevelopment Agency /City
Council Items 2.a and 2.b since he was absent for that meeting.
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Chandler and carried on roll call vote to approve items 2.a through 2.h and 2.j through I
on the City Council /Agency Consent Calendars.
AYES: Council /Agency Members Harbicht, Chandler, Amundson, Wuo and Segal
NOES: None
ABSENT: None
ABSTAIN: Council /Agency Member Amundson (abstained 2.a and2.b)
Council Member Harbicht asked various questions regarding the special scientific study related
to the Los Angeles River Metal TMDL and the shared cost with other cities and entities in the
watershed area.
Deputy Public Works Services Director Tom Tait provided a brief overview of each phase of the
program and discussed the funding formula.
A motion was made by Council /Agency Member Chandler, seconded by Council /Agency
Member Harbicht and carried on roll call vote to approve item 2.i on the City Council /Agency
Consent Calendar.
AYES: Council /Agency Members Chandler, Harbicht, Amundson, Wuo, and Segal
NOES: None
ABSENT: None
3. CITY MANAGER
a.
Recommended Action: Provide Direction
Mr. Kelly provided background information to the City Council regarding graffiti issues at Bonita
Park and the Skate Park area. He provided an overview of alternatives taken at the park to
reduce graffiti and also discussed alternatives to reduce the graffiti problem as directed at the
June 5, 2007 City Council meeting. Mr. Kelly discussed four longer -term solutions including
estimated costs and the possibility of installing security cameras. He noted that graffiti has
decreased in the last couple of months. He advised that the City Council can choose one of the
four proposed security measures or choose to take no action at this time and monitor the
situation and bring the item back to the City Council if problems increase.
08 -21 -2007
49:0109
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Wuo
and carried on roll call to monitor the graffiti situation at Bonita Park and the Skate Park area
and authorize staff to close the park for thirty (30) days if further incidents occur.
AYES: Council /Agency Members Harbicht, Wuo, Amundson, Chandler and Segal
NOES: None
ABSENT: None
b. REPORT, DISCUSSION AND DIRECTION REGARDING THE
ESTABLISHMENT OF A CITYWIDE STREET LIGHTING ASSESSMENT
DISTRICT.
Recommended Action: Provide Direction
Mr. Malloy provided an overview of the establishment of a citywide street lighting assessment
district, current issues relating to street lighting assessments and system reliability. He
discussed in the maintenance and replacement of the City's aging street lighting system, Santa
Anita Oaks Home Owner's Association's request to upgrade its poles, inequity of assessments
within the City and the approaching termination date of existing assessment districts. He
explained and showed maps of the three zones in the City that would be converted with lights,
sporadic lights and areas with no lights including the estimated regional costs, local costs,
incidental costs and construction costs that would be assessed to each property owner annually
in those areas. He also explained the proposed time lines for assessing the different districts
beginning in October 2007.
Mr. Kelly reminded the City Council that in 2010 the existing lighting districts will terminate and
without a new assessment district, the cost to support the streetlights throughout the City would
be paid by the City.
A motion was made by Council /Agency Member Chandler, seconded by Council /Agency Wuo
and carried on roll call to proceed with the establishment of a citywide street lighting
assessment district and Area 8 concurrently.
AYES: Council /Agency Members Chandler, Wuo, Amundson, Harbicht and Segal
NOES: None
ABSENT: None
4. CLOSED SESSION
a. Pursuant to Government Code Section 54957 to discuss the upcoming City
Manager vacancy.
08 -21 -2007
7
C.%
49:0110
ADJOURNMENT
The City Council Redevelopment Agency adjourned this meeting in memory of Phyllis Tomkins,
Warren Stute and Nick Pokrajac at 10:45 p.m. to an adjourned regular meeting on August 30,
2007 at 7:30 a.m. in the City Council Chamber Conference Room.
James H. Barrows, City Clerk
i
120
By:
Lisa Mussenden, Chief Deputy City Clerk
08 -21 -2007
City of Arcadia DRAFT
Statement of Investment Policy
Fiscal Year 2007 -2008
The City of Arcadia (the °City"), incorporated in1903 is located approximately 20 miles
northeast of downtown Los Angeles in the San Gabriel Valley, at the base of the San
Gabriel Mountains. It is the site of the Santa Anita Park racetrack and home to the Los
Angeles County Arboretum and Botanic Garden. The City is a charter city and is
councillmanager form of government (Charter Section 300). The City is governed by a city
council (the "Council") of five members elected at -large (Charter Section 400), whom selects
the City Manager (Charter Section 600). The Arcadia Redevelopment Agency is a
component unit of the City, which is established in 1968 and governed by the same Council
and City Manager. Hereinafter the City and Agency is referenced as the "the City".
The Council has adopted this Investment Policy in order to establish the investment scope,
objectives, delegation of authority, standards of prudence, reporting requirements, internal
controls, eligible investments and transactions, diversification requirements, risk tolerance,
and safekeeping and custodial procedures for the investment of the funds of the City. All
City funds will be invested in accordance with this Investment Policy and with applicable
sections of the California Government Code.
This Investment Policy was endorsed and adopted by the City Council of the City of Arcadia
on It replaces any previous investment policy or investment procedures of
the City, unless otherwise directed by the City Council.
SCOPE
The provisions of this Investment Policy shall apply to all financial assets of the City as
accounted for in the City's Comprehensive Annual Financial Report.
All cash shall be pooled for investment purposes. The investment income derived from the
pooled investment account shall be allocated to the contributing funds based upon the
proportion of the respective balances relative to the total pooled balance In the investment
portfolio. Investment income shall be distributed to the individual funds on a monthly basis.
OBJECTIVES
The principal investment objectives of the City are:
1. Preservation of capital and protection of investment principal.
2. Maintenance of sufficient liquidity to meet anticipated cash flows.
3. Attainment of a market rate of return.
4. Diversification to avoid incurring unreasonable market risks.
5. Compliance with the City's Municipal Code and with all applicable City resolutions,
California statutes and Federal regulations.
City of Arcadia Investment Policy 1
DELEGATION OF AUTHORITY
The management responsibility for the City's investment program is delegated annually by
the City Council to -the City Treasurer pursuant to California Government Code Section
53607. The City's Financial Services Manager serves as the City Treasurer, who is
appointed and supervised by the Administrative Services Director. The Administrative
Services Director is delegated by the City Manager to oversee the City's Investment and
finance operation and has ultimate responsibility of the investment operation. The
Administrative Services Director and City Treasurer may delegate the authority to conduct
investment transactions and to manage the operation of the investment portfolio to other
specifically authorized staff members. No person may engage in an investment transaction
except as expressly provided under the terms of this Investment Policy.
The City Treasurer shall maintain a system of internal controls, consistent with this
Investment Policy, for the operation of the City's investment program. Such system shall be
designed to prevent losses of public funds arising from fraud, employee error,
misrepresentation by third parties, or imprudent actions by employees of the City.
The City may engage the support services of outside investment advisors in regard to its
investment program, so long as it can be clearly demonstrated that these services produce
a net financial advantage or necessary financial protection of the City's financial resources.
PRUDENCE
The standard of prudence to be used for managing the City's investments shall be California
Government Code Section 53600.3, the prudent investor standard which states, 'When
investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds,
a trustee shall act with care, skill, prudence, and diligence under the circumstances then
prevailing, including, but not limited to, the general economic conditions and the anticipated
needs of the agency, that a prudent person acting in a like capacity and familiarity with those
matters would use in the conduct of funds of a like character and with like aims, to
safeguard the principal and maintain the liquidity needs of the agency."
The Citys overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The City recognizes that no investment is
totally riskless and that the investment activities of the City are a matter of public record.
Accordingly, the City recognizes that occasional measured losses may be desirable in a
diversified portfolio and shall be considered within the context of the overall portfolio's
return, provided that adequate diversification has been Implemented and that the sale of a
security is in the best long -term interest of the City.
The City Treasurer and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes.
City of Arcadia Investment Policy 2
I ,
ETHICS AND CONFLICTS OF INTEREST
Elected officials and employees involved in the investment process shall refrain from
personal business activity that could conflict with proper execution of the City's investment
program or could impair or create the appearance of an impairment of their ability to make
impartial investment decisions. Also, elected officials and employees involved in the
investment process shall not participate in any decision on behalf of the City in which they
have a financial interest as set forth in the Political Reform Act of the State of California and
related regulations. The City Manager, the Administrative Services Director, City Treasurer
and any other staff authorized to engage in investment operation shall file a Statement of
Economic Interests each year pursuant to California Government Code Section 87203 and
regulations of the Fair Political Practices Commission.
AUTHORIZED SECURITIES AND TRANSACTIONS
All investments and deposits of the City shall be made in accordance with Califomia
Government Code Sections 16429.1, 53600 -53609 and 53630 - 53686, except that pursuant
to California Government Code Section 5903(e), proceeds of bonds and any moneys set
aside or pledged to secure payment of the bonds may be invested in securities or
obligations described in the ordinance, resolution, Indenture, agreement, or other instrument
providing for the issuance of the bonds. Any revisions or extensions of these code sections
will be assumed to be part of this Investment Policy immediately upon being enacted.
The City has further restricted the eligible types of securities and transactions as follows:
United States Treasury bills, notes or bonds with a final maturity not exceeding five
years from the date of purchase.
2. Federal Instrumentality (government sponsored enterprise) debentures, discount notes,
callable and step -up securities, with a final maturity not exceeding five years from the
date of purchase, issued by the following only: Federal Home Loan Banks (FHLB),
Federal National Mortgage Association (FNMA), Federal Farm Credit Banks (FFCB) and
Federal Home Loan Mortgage Corporation (FHLMC).
3. Repurchase Agreements with a final termination date not exceeding 30 days
collateralized by U.S. Treasury obligations or Federal Instrumentality securities listed in
items 1 and 2 above with the maturity of the collateral not exceeding five years. For the
purpose of this section, the term collateral shall mean purchased securities under the
terms of the City's approved Master Repurchase Agreement. The purchased securities
shall have a minimum market value including accrued Interest of 102% of the dollar
value of the funds borrowed. Collateral shall be held in the City's custodian bank, as
safekeeping agent, and the market value of the collateral securities shall be marked -to-
the- market daily.
Repurchase Agreements shall be entered into only with broker /dealers and who are
recognized as Primary Dealers with the Federal Reserve Bank of New York, or with
firms that have a Primary Dealer within their holding company structure. Primary
Dealers approved as Repurchase Agreement counterparties shall have a short-term
credit rating of at least A -1 or the equivalent and a long -term credit rating of at least A or
the equivalent. Repurchase agreement counterparttes shall execute a City approved
City of Arcadia Investment Policy 3
Master Repurchase Agreement with the City. The City Treasurer shall maintain a copy
of the City's approved Master Repurchase Agreement and a list of the broker /dealers
who have executed same.
4. Prime Commercial Paper with a maturity not exceeding 270 days from the date of
purchase with the highest ranking or of the highest letter and number rating as provided
for by'a Nationally Recognized Statistical Rating Organization ( NRSRO). The entity that
issues the commercial paper shall meet all of the following conditions in either sub-
paragraph A. or sub-paragraph B. below:
A. The entity shall (1) be organized and operating in the United States as a
general corporation, (2) have total assets in excess of five hundred million
dollars ($500,000,000) and (3) Have debt other than commercial paper, if
any, that is rated "A" or higher by a NRSRO.
B. The entity shall (1) be organized within the United States as a special
purpose corporation, trust, or limited liability company, (2) have program wide
credit enhancements, including, but not limited to, over collateralization,
letters of credit or surety bond and (3) have commercial paper that is rated
"A -1" or higher, or the equivalent, by a NRSRO.
Purchases of eligible commercial paper may not represent more than 10% of the
outstanding commercial paper of any single corporate issuer. No more than 5% of the
City's total portfolio shall be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 25% of the City's total
portfolio.
Eligible Bankers Acceptances with a maturity not exceeding 180 days from the date of
purchase, issued by a national bank with combined capital and surplus of at least $250
million, whose deposits are insured by the FDIC, and whose senior long -term debt is
rated at least A or the equivalent by a NRSRO at the time of purchase. The aggregate
investment in banker's acceptances shall not exceed 15% of the City's total portfolio,
and no more than the lesser of 10% of the City's total portfolio or $3 million shall be
invested in banker's acceptances of any one bank.
6. Medium Term Notes issued by corporations organized and operating within the United
States or by depository institutions licensed by the United States or any state and
operating within the United States, with a final maturity not exceeding three years from
the date of purchase, and rated at least AA +, Aa1 or the equivalent by a NRSRO at the
time of purchase. The aggregate investment in medium term notes shall not exceed
20% of the City's total portfolio, and no more than 5% of the City's total portfolio shall be
Invested in the medium tens notes of any one cooperation.
7. Non - negotiable Certificates of Deposit and savings deposits with a maturity not
exceeding five years, in FDIC insured state or nationally chartered banks or savings
banks headquartered or with a branch office within the City's boundaries. Time
Certificates of Deposit exceeding the FDIC insured amount shall be secured pursuant to
California Government Code Section 53652.
S. State of California's Local Agency Investment Fund (LAIF) , pursuant to California
Government Code Section 16429.1.
City of Arcadia Investment Policy 4
9. Money Market Funds registered under the Investment Company Act of 1940 that (1) are
'no -load' (meaning no commission or fee shall be charged on purchases or sales of
shares); (2) have a constant net asset value per share of $1.00; (3) invest only in the
securities and obligations authorized by state statute and (4) have a rating of at least
AAA or the equivalent by at least two NRSROs. The aggregate investment In money
market funds shall not exceed 20% of the City's total portfolio.
The foregoing list of authorized securities and transactions shall be strictly interpreted. Any
deviation from this.11st must be preapproved by resolution of the City Council.
SELECTION OF BROKERIDEALERS
The City Treasurer, after review and approval by the Administrative Services Director and
City Manager, shall maintain a list of broker /dealers approved for investment purposes, and
it shall be the policy of the City to purchase securities only from those authorized firms. To
be eligible, a firm must be licensed by the State of California as a broker /dealer as defined in
Section 25004 of the California Corporations Code.
Broker /dealers will be selected on the basis of their expertise in public cash management
and their ability to provide service to the City's account. Broker /dealers shall attest In writing
that they have received and reviewed a copy of this Investment Policy.
The City may purchase commercial paper from direct issuers even though they are not on
the approved broker /dealer list as long as they meet the criteria outlined in Item 4 of the
Authorized Securities and Transactions section of this Investment Policy.
PORTFOLIO MATURITIES AND LIQUIDITY
To the extent possible, investments shall be matched with anticipated cash flow
requirements and known future liabilities. The City will not invest in securities maturing more
than five years from the date of purchase.
COMPETITIVE TRANSACTIONS
All investment transactions shall be conducted competitively with authorized broker/dealers.
At least three broker /dealers shall be contacted for each transaction and their bid or offering
prices shall be recorded.
If the City is offered a security for which there is no other readily available competitive
offering, then City Treasurer will document quotations for comparable or alternative
securities.
SAFEKEEPING AND CUSTODY
The City Treasurer, after review and approval by the Administrative Services Director and
City Manager, shall select one or more banks to provide safekeeping and custodial services
City of Arcadia Investment Policy 5
for the City, in accordance with the provisions of Section 53608 of the California
Government Code. A Safekeeping Agreement approved by the City shall be executed with
each custodian bank prior to utilizing that bank's safekeeping services.
Custodian banks will be selected on the basis of their ability to provide services for the City's
account and the competitive pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be settled
on a delivery versus payment basis. All securities shall be perfected in the name of the City.
Sufficient evidence to title shall be consistent with modern investment, banking and
commercial practices.
All investment securities, except non - negotiable Certificates of Deposit, Money Market
Funds and I-AIF, purchased by the City will be delivered by either book entry or physical
delivery and will be held in third -party safekeeping by a City approved custodian bank, its
correspondent bank or its Depository Trust Company (DTC) participant account.
All Fed wireable book entry securities owned by the City shall be held in the Federal
Reserve system in a customer account for the custodian bank which will name the City as
°customer."
All DTC eligible securities shall be held in the custodian bank's DTC participant account and
the custodian bank shall provide evidence that the securities are held for the City as
"customer."
All non -book entry (physical delivery) securities shall be held by the custodian bank or its
correspondent bank and the custodian bank shall provide evidence that the securities are
held by the bank for the City as 'customer.'
PORTFOLIO PERFORMANCE
The investment portfolio shall be designed to attain a market rate of return throughout
budgetary and economic cycles, taking Into account prevailing market conditions, risk
constraints for eligible securities, and cash flow requirements. The performance of the City's
investments shall be compared to the average yield on the U.S. Treasury security that most
closely corresponds to the portfolio's weighted average effective maturity.
REPORTING
Monthly, the City Treasurer shall submit to the Administrative Services Director, the City
Manager and the City Council a report of the investment earnings and performance results
of the City's investment portfolio. The report shall include the following information:
1. Investment type, issuer, date of maturity, par value and dollar amount invested in all
securities, and investments and monies held by the City;
2. A description of the funds, investments and programs;
3. A market value as of the date of the report (or the most recent valuation as to assets not
valued monthly) and the source of the valuation;
City of Arcadia Investment Policy
4. A statement of compliance with the investment policy or an explanation for not -
compliance; and
5. A statement of the ability to meet expenditure requirements for six months, and an
explanation of why money will not be available if that is the case.
POLICY REVIEW
This Investment Policy shall be adopted annually of the Council. It shall be reviewed at least
annually to ensure its consistency with the overall objectives of preservation of principal,
liquidity, yield and diversification and its relevance to current law and economic trends.
Amendments to this Investment Policy shall be approved by the Council.
City of Arcadia Investment Policy 7
7
STAFF REPORT
Development Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Don Penman, Assistant City nager /Development Services Director
Philip A. Wray, City Engineer � �f
Prepared by: Tim O. Kelleher, �enior Engineering Assistant
SUBJECT: Public Hearing and Adopt Resolution No. 6579 Expanding Underground
Utility District #15
Recommendation: Adopt
SUMMARY
On January 20, 2004, the City Council held a public hearing and adopted Resolution
No. 6413 forming Underground Utility District (UUD) No. 15. The purpose of the UUD is
to designate specific boundaries for the placement of all overhead utilities in
underground conduit per the California Public Utilities Commission ruling. UUD No. 15
encompasses Duarte Road from El Monte Avenue to within 300 feet of the westerly City
Limits.
The Los Angeles County Department of Public Works is currently working on a UUD on
Duarte Road from the westerly City Limits to Rosemead Boulevard. Southern California
Edison Company has requested that the City expand its district boundary to the
westerly City Limits so that the undergrounding work can be continuous between the
two jurisdictions. Pursuant to the Arcadia Municipal Code, prior to the adoption of this
resolution, the City Council must conduct a public hearing to hear protests. Staff has
notified affected property owners of tonight's public hearing.
BACKGROUND
In 1968 the California Public Utilities Commission adopted a ruling requiring overhead
utility companies to set aside funding for underground utility projects. Since the
program's inception, the City of Arcadia has administered 14 underground utility district
projects. On January 20, 2004, the City Council held a public hearing and adopted
Resolution No. 6413 forming Underground Utility District (UUD) No. 15 on Duarte Road
from El Monte Avenue to within 300 feet of the Westerly City Limits. The district was
stopped short of the west City limits to allow the transition back to existing facilities
without disturbing the adjacent jurisdiction.
Staff Report
Expand Underground Utility District #15
August 21, 2007
Page 2
The purpose of forming a district is to designate specific boundaries for the placement
of all overhead utilities in underground conduit and to identify affected property owners.
Although the district boundaries extend into the properties adjacent to Duarte Road, the
only potential impact to the property owners is the conversion of the utility connections
to the buildings from overhead to underground. There is no financial impact to the
property owners.
The construction work started in October of 2006. The underground conduit work is
complete and the utility companies are now installing new cables. All work is scheduled
to be complete by early spring of 2008.
DISCUSSION
The Los Angeles County Department of Public Works is currently working on a UUD on
Duarte Road from the westerly City Limits to Rosemead Boulevard. This leaves a 300 -
foot gap between the two districts. The Southern California Edison Company has
requested that the City expand its district boundaries to the westerly City Limits so that
the two districts can be joined and the undergrounding work can be continuous between
the two jurisdictions. Since the underground conduit work in UUD No. 15 is complete,
the actual construction work in the expanded area will occur with the County's project.
The County anticipates starting work in September of 2008. Pursuant to the Arcadia
Municipal Code, prior to the adoption of this resolution, the City Council must conduct a
public hearing to hear protests. Staff has notified affected property owners of the
upcoming work and tonight's public hearing.
FISCAL IMPACT
There is no fiscal impact to the City. All costs for the construction are borne by the
utility companies.
RECOMMENDATION
That the City Council conduct a public hearing and adopt Resolution No. 6579
expanding the Underground Utility District No. 15.
Approved By: q - ._." a-=,►
William R. Kelly, City Manager
DP:PAW:TOK:pa
Attachment: Resolution No. 6579
�EVELOPMENY SERVICES
OEPY.
ENt31N£ERIN6 OIYISION
BOUNDARY EXTENTION FOR
UNDERGROUND UTILITY DISTRICT
No. 15
LOCATION MAP
RESOLUTION NO. 6579
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, EXPANDING UNDERGROUND
UTILITY DISTRICT NO. 15
WHEREAS, on January 20, 2004, the City Council of the City of Arcadia held a
public hearing and adopted Resolution Number 6413 forming Underground Utility District
Number 15 for the installation of underground wires and facilities for supplying electric,
communication, or similar or associated services within the District boundaries; and
WHEREAS, the City Council, at its regular meeting of June 19, 2007, held a public
hearing at the hour of 7:00 o'clock p.m., in the City Council Chambers at the City Hall,
Arcadia, California, to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead structures, and the
underground installation of wires and facilities for supplying electric, communication or
similar or associated service within that certain expansion area of Underground Utility
District Number 15, shown on the map attached hereto as Exhibit A and described as
follows:
That portion of Duarte Road bounded as follows:
On the east by the existing westerly boundary of Underground Utility District Number
15 described in Resolution Number 6413 as follows, by the northerly prolongation of a line
parallel with and 10 feet east of the easterly line of Tract 30933 as recorded in Map Book
833 in the office of the County Recorder for Los Angeles County, California; on the west by
the prolongation of the westerly right -of -way of Oak Avenue; on the north by a line parallel
with and 50 feet north of the centerline of Duarte Road, excepting all portions outside the
legal boundary of the City of Arcadia; and on the south by a line parallel with and 50 feet
-1=
south of the centerline of Duarte Road, excepting all portions outside the legal boundary of
the City of Arcadia.
WHEREAS, notice of such hearing has been given to all affected property owners
as such are shown on the last equalized assessment roll and to all utilities concerned, in
the manner and within the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Ordinance No. 1375 of the City of Arcadia, Underground
Utility District Number 15 of the City of Arcadia is hereby expanded to include the above
described area.
SECTION 2. The City Council hereby finds and determines that the public
necessity, health, safety, and welfare require the removal of poles, overhead wires and
associated overhead structures, and the underground installation of wires, associated
structures and facilities for supplying electric, communication or similar or associated
services in said expanded area.
SECTION 3. The City Council does hereby fix March 31, 2010 as the date on which
affected property owners must be ready to receive underground service and does hereby
order the removal of all poles, overhead wires, and associated overhead structures and the
underground installation of wires, associated structures, and facilities for supplying electric,
communication or similar or associated services with the expanded area of Underground
Utility District Number 15 on or before March 31, 2010.
_2-.
SECTION 4. The City Council finds and determines:
a. That the undergrounding to be accomplished pursuant to this Resolution will
avoid or eliminate an unusually heavy concentration of overhead distribution facilities.
b. That the streets, roads or rights -of -way in the area added to Utility District No.
15 are extensively used by the general public and carry a heavy volume of pedestrian and
vehicular traffic.
SECTION 5. The following exceptions in said expanded Underground Utility District
No. 15 are permissible and are hereby authorized:
a. Equipment appurtenant to underground facilities, such as surface mounted
transformers, pedestals, mounted terminal boxes and meter cabinets, and
concealed ducts.
b. Temporary poles, overhead wires and associated overhead structures used
or to be used in conjunction with construction projects.
C. Poles and cables designated by the City of Arcadia for the purpose of
hanging banners.
SECTION 6. The Southern California Edison Company has agreed to charge
against the City of Arcadia Rule 20A allocations all costs of converting to underground
each customer's service lateral, and of converting and relocating, as necessary, the
overhead service entrance to accept the underground service lateral.
SECTION 7. The City Clerk, within ten (10) days after the adoption of this
Resolution, shall mail a copy hereof and a copy of Ordinance No. 1375 to affected property
owners as such are shown on the last equalized assessment role and to the affected
utilities. The City Clerk shall further notify such affected property owners of the necessity
that the serving utility companies provide all necessary facility changes on their premises
-3-
so as to receive such service from the lines of the supplying utility or utilities at a new
location.
SECTION 8. That the City clerk shall certify the adoption of this Resolution.,
Passed, approved, and adopted this day of 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM.
Stephen Deitsch, City Attorney
„1.
in
RESOLUTION NO. 6579
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, EXPANDING UNDERGROUND
UTILITY DISTRICT NO. 15
WHEREAS, on January 20, 2004, the City Council of the City of Arcadia held a
public hearing and adopted Resolution Number 6413 forming Underground Utility District
Number 15 for the installation of underground wires and facilities for supplying electric,
communication, or similar or associated services within the District boundaries; and
WHEREAS, the City Council, at its regular meeting of June 19, 2007, held a public
hearing at the hour of 7:00 o'clock p.m., in the City Council Chambers at the City Hall,
Arcadia, California, to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead structures, and the
underground installation of wires and facilities for supplying electric, communication or
similar or associated service, within that certain expansion area of Underground Utility
District Number 15, shown on the map attached hereto as Exhibit A and described as
follows:
That Portion of Duarte Road bounded as follows:
On the east by the existing westerly boundary of Underground Utility District Number
15 described in Resolution Number 6413 as follows, by the northerly prolongation of a line
parallel with and 10 feet east of the easterly line of Tract 30933 as recorded in Map Book
833 in the office of the County Recorder for Los Angeles County, California; on the west by
the prolongation of the westerly right -of -way of Oak Avenue; on the north by a line parallel
with and 50 feet north of the centerline of Duarte Road, excepting all portions outside the
legal boundary of the City of Arcadia; and on the south by a line parallel with and 50 feet
-1-
south of the centerline of Duarte Road, excepting all portions outside the legal boundary of
the City of Arcadia.
WHEREAS, notice of such hearing has been given to all affected property owners
as such are shown on the last equalized assessment roll and to all utilities concerned, in
the manner and within the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Ordinance No. 1375 of the City of Arcadia, Underground
Utility District Number 15 of the City of Arcadia is hereby expanded to include the above
described area.
SECTION 2. The City Council hereby finds and determines that the public
necessity, health, safety, and welfare require the removal of poles, overhead wires and
associated overhead structures, and the underground installation of wires, associated
structures and facilities for supplying electric, communication or similar or associated
services in said expanded area.
SECTION 3. The City Council does hereby fix March 31, 2010 as the date on which
affected property owners must be ready to receive underground service and does hereby
order the removal of all poles, overhead wires, and associated overhead structures and the
underground installation of wires, associated structures, and facilities for supplying electric,
communication or similar or associated services with the expanded area of Underground
Utility District Number 15 on or before March 31, 2010.
-2- 6579
SECTION 4. The City Council finds and determines:
a. That the undergrounding to be accomplished pursuant to this Resolution will
avoid or eliminate an unusually heavy concentration of overhead distribution facilities.
b. That the streets, roads or rights -of -way in the area added to Utility District No.
15 are extensively used by the general public and carry a heavy volume of pedestrian and
vehicular traffic.
SECTION 5. The following exceptions in said expanded Underground Utility District
No. 15 are permissible and are hereby authorized:
a. Equipment appurtenant to underground facilities, such as surface mounted
transformers, pedestals, mounted terminal boxes and meter cabinets, and
concealed ducts.
b. Temporary poles, overhead wires and associated overhead structures used
or to be used in conjunction with construction projects.
C. Poles and cables designated by the City of Arcadia for the purpose of
hanging banners.
SECTION 6. The Southern California Edison Company has agreed to charge
against the City of Arcadia Rule 20A allocations all costs of converting to underground
each customer's service lateral, and of converting and relocating, as necessary, the
overhead service entrance to accept the underground service lateral.
SECTION 7. The City Clerk, within ten (10) days after the adoption of this
Resolution, shall mail a copy hereof and a copy of Ordinance No. 1375 to affected property
owners as such are shown on the last equalized assessment role and to the affected
utilities. The City Clerk shall further notify such affected property owners of the necessity
that the serving utility companies provide all necessary facility changes on their premises
-3- 6579
so as to receive such service from the lines of the supplying utility or utilities at a new
location.
SECTION 8. That the City clerk shall certify the adoption of this Resolution.
Passed, approved, and adopted this 21st day of August 2007.
y
Mayor of the City of Arcadia
ATTEST:
JAMES H. BARROWS
City Clerk of the City of Arcadia
APPROVED AS TO FORM
Stephen Deitsch, City Attorney
-4- 6579
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6579 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
. �. .
City Clerk of the City of Arcadia
5
6579
BOUNDARY EXTENTION FOR rHK'DSY:
UNDERGROUND UTILITY DISTRICT No. 15
ARCADIA
oE,f EIR F 1. LOCATION MAP
01GlITERRIG UlWtA
c�
ARCAD
+�OOR1'OAAT &9 �10OA STAFF REPORT
Administrative Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Tracey L. Hause, Administrative Services Director
Prepared by: Michael A. Casalou, Human Resources Administrator
SUBJECT: Resolution No. 6584 establishing compensation and related benefits for
Executive Management, Management and Part-Time Temporary
employees
Recommendation: Adopt
SUMMARY
It is recommended that the City Council adopt Resolution No. 6584 establishing terms
of employment and compensation for Executive Management, Management and Part-
Time Temporary employees.
DISCUSSION
The issues for compensation and benefits are outlined in Resolution No. 6584 with an
effective date of the first pay period in July 2007. Changes to the terms and conditions
of employment include:
1. Implementation of Compensation Plan effective June 24, 2007.
2. Increase Part-Time Temporary salary ranges by 3% effective September
2, 2007.
3. Increase salary schedules for Non -Sworn Executive Management and
Non -Sworn Management employees by 1.93% and 2.06% effective
October 1, 2008 and the first pay period in July 2009 respectively.
4. Increase salary schedules for Sworn Executive Management and Sworn
Management employees by 3% and 2.06% effective the first pay period in
July 2008 and July 2009 respectively.
5. Amend the City's retirement contract with PERS for miscellaneous
employees to provide the 2.5% @ 55 formula effective October 1, 2008
(subject to an affirmative vote of affected City employees).
Mayor and City Council
August 21, 2007
Page 2 of 2
6. Increase the City's medical contribution for Executive Management and
Management employees $150 per month effective June 24, 2007 and $150
per month effective the first pay period in July 2009.
7. Increase the maximum vacation sell back limit for Executive Management
employees to 120 hours effective June 24, 2007.
8. Set the maximum vacation accrual for Executive Management employees
from 400 hours to 500 hours effective June 24, 2007.
9. Effective July 1, 2007, the City agrees to pay employee and spouse health
insurance premium at an amount not to exceed the PERS Choice premium
and limit buy back to 350 hours unless a serious illness or injury contributed
to sick leave usage.
10. Effective July 1, 2007, the maximum tuition loan or reimbursement,
including on campus parking fees and textbooks, shall be paid at the
California State University rates or $3,000.00 whichever is greater, plus an
additional $100 per year for qualified expenses including on campus
parking fees and textbooks.
11. Effective July 1, 2007, the City shall increase the group term life insurance
benefit from $7,500.00 to $25,000.00.
FISCAL IMPACT
Sufficient funds are available in the fiscal year 2007 -08 budget to implement the salary
and benefit changes detailed in the resolution.
RECOMMENDATION
Adopt Resolution No. 6584 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for executive management,
management and part-time temporary employees.
APPROVED:
"
William R. Kelly, City Manager
RESOLUTION NO. 6584
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ESTABLISHING
COMPENSATION AND RELATED BENEFITS FOR
EXECUTIVE MANAGEMENT, MANAGEMENT AND
PART -TIME TEMPORARY EMPLOYEES
WHEREAS, City Council Resolution No. 5608 sets forth various fringe
benefits and related compensation for officials, officers and management of the
City; and
WHEREAS, Section 36 of that Resolution provides for amendment and
modification of Resolution No. 5608 (the Fringe Benefits Resolution) by City
Council approved resolutions that direct inclusion of any changes as part of said
Resolution; and
WHEREAS, salaries for Executive Management, Management and Part-.
Time employees are adjusted by resolution, which adjustments are then reflected in
the City's salary schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Effective June 24, 2007, the salary schedules for
Executive Management and Management employees shall be revised as specified
in the attached Exhibit "A" to this Resolution. The revised scheduled reflects the
results of the City's Compensation Study completed in April 2007 and revised in
1
June 2007. Executive Management and Management employees with
recommended range adjustments of 2.5% or 5% shall advance an additional step if
the range was increased 2.5 % and two additional steps if the range was increased
5 %. If the recommended salary schedule of an Executive Management or
Management classification is more than 5 %, those individuals will advance two
steps (a 5% increase) effective June 24, 2007, and will receive the remaining
amount (if not already at the top step of the salary range) over 5% in the first pay
period of July 2008. Effective October 1, 2008 and July 1, 2009, the salary
schedule for Non -Sworn Executive Management and Non -Sworn Management
employees will be increased by 1.93% and 2.06 % respectively. Effective July 1,
2008 and July 1, 2009, the salary schedule for Sworn Executive Management and
Sworn Management employees will be increased by 3% and 2.06% respectively.
The salary schedule for Part-Time Temporary employees shall be increased by 3 %
effective September 2, 2007.
SECTION 2. Effective June 24, 2007, the City shall provide an
additional $150.00 per month for a total of $943.00 per month towards the cost of
healthcare benefits for City Council, Executive Management and Management
employees. Effective the first pay period in July 2009, the City shall provide an
additional $150.00 per month for a total of $1,093.00 per month towards the cost
of healthcare benefits for City Council, Executive Management and Management
employees.
2
SECTION 3. Effective October 1, 2008, the City agrees to amend its
contract with PERS to provide the 2.5% @ 55 retirement formula for
miscellaneous employees (subject to an affirmative vote of affected City employees)
with the employees paying the additional employee cost of 1 %.
SECTION 4. Effective June 24, 2007, the City shall increase the
maximum vacation sell back limit for Executive Management employees from 80
hours to 120 hours per calendar year.
SECTION 5. Effective June 24, 2007, the City shall increase the
maximum vacation accrual limit for Executive Management employees, by 100 _
hours to 500 hours.
SECTION 6. Effective July 1, 2007, the City agrees to pay the
employee and spouse health insurance premium at an amount not to exceed the:
PERS Choice premium, and limit sick leave buy back to meet qualifications for
retiree health to 350 hours, provided, however, upon verification of information
from a qualified medical provider that an employee has substantially depleted the
employee's sick leave accrual due to an absence or absences caused by a serious
illness or injury suffered by the employee or a family dependent living in the
employee's household, this purchase limitation of 350 hours will be excused. All
other provisions of the existing retiree health benefit remain unchanged.
SECTION 7. Effective July 1, 2007, the Tuition Loan/Reimbursement
Program will operate on a fiscal year basis (July 1 through June 30). Maximum
tuition loan or reimbursement shall be paid at the California State University rates
3
or $3,000.00 whichever is greater, plus $100 per year for qualified expenses,
including on campus parking fees and textbooks. School supplies do not qualify.
The tuition loan or reimbursement shall only be for courses that are directly related
to the employee's position as determined by the City Manager. Only courses,
specialized training, or degree programs "job- related" to permanent part-time and
permanent full -.time positions will be considered for tuition loan or reimbursement.
All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass /fail grade is
given. In addition, the Tuition Loan/Reimbursement form must have all
appropriate approvals prior to start of class as indicated on the City form.
Any employee who shall terminate employment within one year from the
completion of a class or classes shall refund all tuition paid under this provision
unless he was required to attend by the appointing power.
SECTION 8. Effective July 1, 2007, the City shall increase the group
term life insurance benefit from $7,500.00 to $25,000.00.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
M
Passed, approved and adopted this day of , 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
City Attomey
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� z
RESOLUTION NO. 6584
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ESTABLISHING
COMPENSATION AND RELATED BENEFITS FOR
EXECUTIVE MANAGEMENT, MANAGEMENT AND
PART -TIME TEMPORARY EMPLOYEES
WHEREAS, City Council Resolution No. 5608 sets forth various fringe
benefits and related compensation for officials, officers and management of the
City; and
WHEREAS, Section 36 of that Resolution provides for amendment and
modification of Resolution No. 5608 (the Fringe Benefits Resolution) by City
Council approved resolutions that direct inclusion of any changes as part of said
Resolution; and
WHEREAS, salaries for Executive Management, Management and Part-
Time employees are adjusted by resolution, which adjustments are then reflected in
the City's salary schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION L Effective June 24, 2007, the salary schedules for
Executive Management and Management employees shall be revised as specified
in the attached Exhibit "A" to this Resolution. The revised scheduled reflects the
results of the City's Compensation Study completed in April 2007 and revised in
June 2007, Executive Management and Management employees with
recommended range adjustments of 2.5% or 5% shall advance an additional step if
the range was increased 2.5% and two additional steps if the range was increased
5 %. If the recommended salary schedule of an Executive Management or
Management classification is more than 5 %, those individuals will advance two
steps (a 5% increase) effective June 24, 2007, and will receive the remaining
amount (if not already at the top step of the salary range) over 5% in the first pay
period of July 2008. Effective October 1, 2008 and July 1, 2009, the salary
schedule for Non -Sworn Executive Management and Non -Sworn Management
employees will be increased by 1.93% and 2.06 % respectively. Effective July 1,
2008 and July 1, 2009, the salary schedule for Sworn Executive Management and
Sworn Management employees will be increased by 3% and 2.06% respectively.
The salary schedule for Part-Time Temporary employees shall be increased by 3%
effective September 2, 2007.
SECTION 2. Effective June 24, 2007, the City shall provide an
additional $150.00 per month for a total of $943.00 per month towards the cost of
healthcare benefits for City Council, Executive Management and Management
employees. Effective the first pay period in July 2009, the City shall provide an
additional $150.00 per month for a total of $1,093.00 per month towards the cost
of healthcare benefits for City Council, Executive Management and Management
employees.
K
6584
SECTION 3. Effective October 1, 2008, the City agrees to amend its
contract with PERS to provide the 2.5% @ 55 retirement formula for
miscellaneous employees (subject to an affirmative vote of affected City employees)
with the employees paying the additional employee cost of I%.
SECTION 4. Effective June 24, 2007, the City shall increase the
maximum vacation sell back limit for Executive Management employees from 80
hours to 120 hours per calendar year.
SECTION 5. Effective June 24, 2007, the City shall increase the
maximum vacation accrual limit for Executive Management employees by 100
hours to 500 hours.
SECTION 6. Effective July 1, 2007, the City agrees to pay the
employee and spouse health insurance premium at an amount not to exceed the
PERS Choice premium, and limit sick leave buy back to meet qualifications for
retiree health to 350 hours, provided, however, upon verification of information
from a qualified medical provider that an employee has substantially depleted the
employee's sick leave accrual due to an absence or absences caused by a serious
illness or injury suffered by the employee or a family dependent living in the
employee's household, this purchase limitation of 350 hours will be excused. All
other provisions of the existing retiree health benefit remain unchanged.
SECTION 7. Effective July 1, 2007, the Tuition Loan/Reimbursement
Program will operate on a fiscal year basis (July 1 through June 30). Maximum
tuition loan or reimbursement, including on campus parking fees and textbooks,
3
R :-
shall be paid at the California State University rates or up to $3,000.00, whichever
is greater, plus $100 per year for qualified expenses. School supplies do not
qualify. The tuition loan or reimbursement shall only be for courses that are
directly related to the employee's position as determined by the City Manager.
Only courses, specialized training, or degree programs "job- related" to permanent
part-time and permanent full -time positions will be considered for tuition loan or
reimbursement.
All course work must be completed while employed by the City of Arcadia
with a passing grade of "C" or equivalent when numerical score or pass /fail grade
is given. In addition, the Tuition Loan/Reimbursement form must have all
appropriate approvals prior to start of class as indicated on the City form.
Any employee who shall terminate employment within one year from the
completion of a class or classes shall refund all tuition paid under this provision
unless he was required to attend by the appointing power.
SECTION 8. Effective July 1, 2007, the City shall increase the group
term life insurance benefit from $7,500.00 to $25,000.00.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
4 6584
Passed, approved and adopted this 21st day of August , 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
(� 0 . r�
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6584 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
1� t! ; � g I, • a p t, a �
City Clerk of the City of Arcadia
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� "
STAFF REPORT
Administrative Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Tracey L. Hause, Administrative Services Director
Prepared by: Michael A. Casalou, Human Resources Administrator
SUBJECT: Resolution No. 6586 establishing compensation and related benefits for
employees represented by the Arcadia City Employees Association
(ACEA) for July 1, 2007 through June 30 2010
Recommendation: Adopt
SUMMARY
Resolution No. 6586 establishes terms of employment and compensation for City
employees represented by the Arcadia City Employees Association (ACEA). Pursuant
to the Meyers- Milias -Brown Act, the City has met and conferred in good faith concerning
wages, benefits and working conditions with the ACEA. Staff is recommending the City
Council adopt Resolution No. 6586 establishing compensation and benefits as outlined
in the Memorandum of Understanding (MOU) effective July 1, 2007 through June 30,
2010.
DISCUSSION
City staff and the labor negotiator representing the City have completed discussions
with the negotiating committee of the ACEA. The resolution presented for adoption
reflects a continuation of past compensation and benefits, as well as new items where
agreements have been reached. Other issues not addressed below shall remain in full
force and effect as set forth in the existing Memorandum of Understanding. The
proposed term of the agreement is July 1, 2007 through June 30, 2010. The conditions
of the agreement were approved by the ACEA on July 16, 2007
In April 2007, the City conducted a total compensation study that was completed by
Johnson & Associates, LLC. The survey was subsequently revised in June 2007 to
include known increases in salary by labor market cities. As a result of the study, 48
classifications within this bargaining unit received salary schedule increases from 2.5 % to
10 %.
Mayor and City Council
August 21, 2007
Page 2 of 2
Effective October 1, 2008 and July 1, 2009, the salary schedule of all employees in this
bargaining group shall be improved by 1 % and 1.38% respectively. The City has also
agreed to implement the 2.5% @ 55 PERS retirement plan effective October 1, 2008
with the employee paying the additional employee portion of the increase costs of 1%.
Other changes in the current MOU include increases in medical contributions over the
next three years, an increase in the amount for tuition reimbursement and life insurance.
Changes to the retiree health program including a premium cap and a limit on the buy
back of hours have also been agreed upon. Training pay for Records Technicians and
Community Services Officers will be provided and there will be an increased number of
employees eligible for Bilingual Pay. A one -time payment of $750.00 will be paid to
approximately 19 members of this unit who did not get an adjustment from the
Compensation Study.
As represented in the MOU, the City and ACEA agree to re -open the contract and mee
and confer prior to initiating the next compensation study6n or aabout ec-e a 1,
2009.
FISCAL IMPACT
The total cost of this agreement is estimated at $823,129 over the next three years.
Sufficient funds are available in the fiscal year 2007 -08 budget to implement the first
year salary and benefit changes detailed in the resolution.
RECOMMENDATION
Adopt Resolution No. 6586 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for employees represented by the
Arcadia City Employees Association for July 1, 2007 through June 30, 2010.
APPROVED
William R. Kelly, City Manager
RESOLUTION NO. 6586
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR
EMPLOYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES
ASSOCIATION ( "ACEA ") FOR JULY 1, 2007 THROUGH JUNE 30, 2010
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ( "MOU') by and between the City of Arcadia and the Arcadia City Employees
Association ( "ACEA ") dated effective as of July 1, 2007, a copy of which is attached hereto.
The City Manager is hereby authorized and directed to execute this Memorandum of
Understanding on behalf of the City. The salary and benefits for employees represented by
ACEA shall be those set forth in the Memorandum of Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of August 2007.
Mayor of the City of Arcadia
ATTEST:
ON JAMFS Ho BARR
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6586 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21 st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
2
CITY OF ARCADIA
AND
ARCADIA CITY EMPLOYEES ASSOCIATION
(CON FIDENTIAUSUPERVISORY /PROFESSIONAL UNIT
AND GENERAL EMPLOYEE UNIT)
MEMORANDUM OF UNDERSTANDING
JULY 1, 2007 THROUGH JUNE 30, 2010
TABLE OF CONTENTS
ACEA 2007 -2D10
Page
Preamble
1
Article I
Parties and Recognition
2
Appropriate Unit
2
Mutual Recommendation and Implementation
3
Authorized Agents
3
Article II
Term
4
Savings Clause
4
No Strike Clause
4
Article III
Association Rights
A. Agency Shop Agreement
6
B. Right To Join
8
C. Use of Bulletin Boards
g
D. Payroll Deduction
g
E. Access to Facilities
10
F. Association Stewards
10
G. Reasonable Notice
11
H. List of Names
12
Article IV
Management Rights
13
Article V
Compensation
14
Promotion or Advancement
14
Article VI
Hours
A. Overtime (FLSA)
16
B. Rest Periods
16
C. Work Schedules
17
Article VII
Stability Pay
A. Stability Pay
18
B. Longevity Pay
18
Article VIII
Tuition /Loan Reimbursement
20
Article IX
Mileage Reimbursement
21
Article X
Health, Dental and Life Insurance
22
Retiree Health Insurance
24
Article XI
Disability Income Insurance
26
Article XII
Medical Examinations
27
ACEA 2007 -2D10
TABLE OF CONTENTS
Article XIII Uniforms
Article XIV Leaves of Absence
A. Non - Medical Leaves Without Pay
B. Family Care and Medical Leaves
C. Temporary Military Leave
D. Vacation Leave
E. Sick Leave
F. Bereavement Leave
G. Holidays
H. Jury Leave
I. Court Witness Leave
J. Industrial Accident Leave
Article XV Probationary Period
Article XVI Special Pay
A. Acting Pay
B. Call -Back Pay
C. Bilingual Pay
D. Dispatch /Records /CSO Training Pay
Article XVI I
Article XVI II
Article XIX
Article XX
Layoffs
A.
Layoff Procedure
B.
Re- employment List
C.
Definitions
Personnel Files
Employee Grievances
A.
Definitions
B.
Timeliness
C.
Employee Representation
D.
Informal Grievance Procedure
E.
Formal Grievance Procedure
F.
Appeal to Human Resources Commission
Disciplinary
Action
A. Suspension, Salary Reduction, Demotion and Dismissal
B. Notification and Appeal Procedure
C. Salary reduction
D. Unauthorized Absence
Article XXI
Full Understanding
m
30
31
34
35
36
37
38
39
39
40
41
42
42
42
42
43
43
44
45
46
47
47
47
47
49
55
55
56
56
57
ACEA 2007 -2010
PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation and communication between City Management and the City employees
covered by this Memorandum. As a result of good faith negotiations between City Management
representatives and Association representatives this Memorandum sets forth the Agreement
regarding wages, hours and other terms and conditions of employment for the employees covered
by this Memorandum. This Memorandum provides for an orderly means of resolving differences
which may arise from time to time during its term.
ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the
management representatives of the City of Arcadia, hereinafter referred to as the
"City" and representatives of the Arcadia City Employees Association, a formally
recognized exclusive employee organization, hereinafter referred to as the
"Association ", pursuant to the provisions of the Meyers - Mil ias -Brown Act
(Government Code Sections 3500 et.seg.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Confidential /Supervisory /Professional Unit
Accounting Specialist
Librarian
Administrative Assistant — H.R.
Principal Librarian
Assistant Engineer
Records Coordinator
Assistant Planner
Redevelopment Project Analyst .
Associate Civil Engineer
Revenue Collection Specialist
Associate Planner
Senior Library Technician
Deputy City Clerk
Senior Police Records Technician
Executive Assistant
Senior Combination Inspector
Human Resources Technician
Senior Planner
Legal Assistant
Video Technician /Office Assistant
General Employee Unit
Accounting Technician I & II
Historical Museum Curator
Administrative Assistant
Info and Referral Coordinator
Building Technician I & II
Information Systems Specialist
Business License Officer
Library Technician I & II
Circulation Services Supervisor
Logistical Services Officer
Code Services Officer
Office Assistant
Combination Inspector
Police Communications Coordinator
Community Services Officer
Police Records Technician I & II
Communications & Marketing Specialist I & II
Public Works Inspector .
Computer Support Specialist
Public Works Technician
Custodian
Recreation Coordinator
Dispatcher I & II
Senior Accounting Technician
Dispatch Services Supervisor
Senior Administrative Assistant
Engineering Aide
Senior Citizens Program Specialist
Engineering Assistant
Senior Citizens Project Specialist
Evidence Technician
Senior Code Services Officer
Fire Administrative Specialist
. Senior Engineering Assistant
Fire Inspector
Historical Museum Education Coordinator
2
ARTICLE I (continued)
Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation to be
presented to the City Council, subsequent to the ratification meeting by the
membership of the Confidential /Supervisory/Professional Unit and the General
Employees Unit. It is agreed that this memorandum shall not be binding upon the
parties either in whole or in part unless and until the City Council formally acts, by
majority vote, to approve and adopt said Memorandum.
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W. Huntington
Drive, Arcadia, California, 91066 -6021, except where a particular City representative
is specifically designated in connection with the performance of a specific function or
obligation set forth herein.
The Confidential /Supervisory/Professional and General Employee's authorized
representative is Cara Wilhelm, President of the Arcadia City Employees
Association, 240 W. Huntington Drive, Arcadia, California, 91066 -6021. The duly
authorized staff representative is Robin Nahin, Executive Director of City Employees
Associates, 254 B Lindero Avenue, Long Beach, California, 90803.
Section E. The City agrees to give the the Association notice of any changes, additions, or
deletions of bargaining unit by classifications via an emailed copy of the Human
Resources Commission Agenda. The agenda will be emailed to the Association's
authorized agent at the same time the agenda is sent to Commission members.
The Association shall be responsible for providing the City with the authorized
agent's email address.
3
ARTICLE 11
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective upon ratification of the City
Council effective July 1, 2007 and ending June 30, 2010.
Section B. SAVINGS CLAUSE
If any provision or the application of any provision of this agreement as implemented
should be rendered or declared invalid by any final court action or decree or by
reasons of any preemptive legislation, the remaining Sections of this agreement
shall remain in full force and effect for the duration of said agreement. In the event
any section of this Memorandum is declared invalid, the City agrees to meet and
confer with the Association, upon request, regarding the impact or implementation
of the court order or decree or legislation.
Section C. NO STRIKE CLAUSE
1. It is agreed and understood that there will be no concerted strike, sympathy
strike, work stoppage, slow -down, obstructive picketing, or concerted refusal
or failure to fully and faithfully perform job functions and responsibilities, or
other concerted interference with the operations of the City by the
Association or by its officers, agents, or members during the term of this
Agreement. Compliance with the request of other labor organizations to
engage in such activity is included in this prohibition.
2. The Association recognizes the duty and obligation of its representatives to
comply with the provisions of this Agreement and to make every effort toward
inducing its members not to strike, stop work, slow -down, or picket
obstructively, and the Association agrees in good faith to actively take
affirmative action to cause those employees to cease such action.
It is agreed and understood that any employee concertedly violating this
article may be subject to disciplinary action up to and including discharge,
and /or, may be considered to have automatically resigned from the City
service. For purposes of this article, any employee deemed to have
automatically resigned shall be eligible to utilize the Grievance. Procedure as
provided in this Agreement.
3. It is understood that in the event this article is violated, the City shall be
entitled to withdraw any rights, privileges, or services provided for in this
Agreement or in any other City rules, regulations, resolutions and /or
ordinances, from any employee and /or the Association. No such actions
Iv
ARTICLE H (continued)
shall be taken by the City in the event that the Association acts in good faith
in accordance with paragraph 2 above.
4. The expiration or violation of this Agreement shall not prejudice the City's
right to assert to the illegality of any such activities mentioned above if
engaged in by the Association or employees. Upon the expiration of this
agreement, this language shall not prevent the Association from engaging in
such activities mentioned above, to the extent such activity is otherwise legal
for public employees to participate in.
R
ARTICLE 111 ASSOCIATION RIGHTS
Section A. AGENCY SHOP AGREEMENT
Legislative Authority
The City of Arcadia (City) and the Arcadia City Employees Association,
Confidential, Supervisory, Professional, and General Employee Bargaining Unit
(Association) mutually understand and agree that in accordance with State of
California law, per adoption of SB 739, and the Agency Shop election held on
September 15, 2005, a simple majority of ballots cast by regular employees in
classifications represented by the Association voted to be covered by an Agency
Shop agreement. As a result of the Agency Shop election, as a condition of
continued employment, this Agency Shop agreement hereby requires that all
bargaining unit employees:
1. Elect to join the Association and pay Association dues;
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be
donated to selected charities.
The following agency shop provision will be implemented, in conformity with
California Government Code Section 3502.5 and applicable law.
Association Dues /Agency Fee Collection
Effective with the pay period beginning September 4, 2005, the Administrative
Services Department shall deduct Association dues, agency fee and religious
exemption fees from all employees who have signed a written authorization and a
copy of that authorization has been provided to the Administrative Services
Department. Employees on leave without pay or employees who earn a salary
less than the Association deduction shall not have an Association dues or agency
fee deduction for that pay period.
The Association shall notify the City of any agency fee payer who elects to only
pay fair share fees, the fee equal to direct representation costs as determined by
the Association's certified financial report. The Association shall notify the City of
the amount of the fair share fee to be deducted from the fair share fee payer's
paycheck.
New Hire Notification
Effective September 15, 2005, all new hires in the Confidential, Supervisory,
Professional and General Employee Bargaining Unit shall be informed by the
Human Resources Division of the Administrative Services Department, at the time
of hire, that an Agency Shop agreement is in effect for their classification. The
t:�
ARTICLE 111 (continued)
employee shall be provided a copy of this agreement, the Memorandum of
Understanding and a form, mutually developed between the City and the
Association that outlines the employee's choices under the Agency Shop
Agreement.
The employee shall be provided thirty (30) calendar days from the date of hire to
elect their choice and provide a signed copy of that choice to the Administrative
Services Department. The Association may request to meet with new hires at a
time and place mutually agreed upon between the Department Head and the
Association.
Failure to Pay Dues /Fees
All unit employees who choose not to become members of the Arcadia City
Employees Association shall be required to pay to Arcadia City Employees
Association a representation service fee that represents such employee's
proportionate share of Arcadia City Employees Association cost of legally
authorized representation services on behalf of unit employees in their relations with
the City of Arcadia. Such representation service fee shall in no event exceed the
regular, periodic membership dues paid by unit employees who are members of
Arcadia City Employees Association. Unit employees who attain such status after
the effective date of this Agreement shall be subject to its terms thirty (30) days after
attaining unit status.
Leave Without Pav/Temoorary Assignment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of the unit
as a Supervisor shall be excused from paying dues, agency shop fees, or
charitable contributions.
Religious Exemption
Any employee who is a member of a religious body whose traditional tenets or
teachings include objections to joining or financially supporting employee
organizations shall not be required to pay an agency fee, but shall pay by means
of mandatory payroll deduction an amount equal to the agency fee to a non-
religious, non -labor charitable organization exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City,
at the choice of the employee, to one of the following non - labor, non - religious
charitable organizations: United Way or American Red Cross.
To qualify for the religious exemption the employee must provide to Arcadia City
Employees Association, with a copy to the City, a written statement of objection,
along with verifiable evidence of membership in a religious body as described
above. The City will implement the change in status within thirty (30) days unless
7
ARTICLE l// (continued)
notified by Arcadia City Employees Association that the requested exemption is
not valid. The City shall not be made a party to any dispute arising relative to the
determination of religious exemptions.
Any of the above - described payment obligations shall be processed by the City in
the usual and customary manner and time frames.
Records
The Association shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the City and to Agency Fee payers, within 60
days after the end of its fiscal year, a written financial report thereof in the form of a
balance sheet certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
The City shall provide the Association a list of all unit members and dues paying
status with each Association dues check remitted to the Association.
Rescission of Agreement
The Agency Shop agreement may be rescinded at any time during the term of the
Memorandum of Understanding by a majority vote of all the employees in the
bargaining unit. A request for such vote must be supported by a petition containing
the signatures of at least thirty percent (30 %)of the employees in the unit. The
election shall be by secret ballot and conducted by California State Mediation and
Conciliation and in accordance with state law.
Indemnification
The Association shall indemnify, defend and hold the City harmless from and
against all claims and liabilities as a result of implementing and maintaining this
agreement.
Section B. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form, join and
participate in lawful activities of employee organizations and the equal alternative
right of employees to refuse to join or participate in employee organization activities.
During the life of this contract, all unit members who choose to become members of
the Association shall be required to maintain their membership in the Association in
good standing, subject however, to the right to resign from membership no sooner
than April 15, or later than May 15, of the year this MOU expires. Any unit member
may exercise the right to resign by submitting a written notice to the Association and
to the City during the resignation period.
ARTICLE Ill (continued)
The City and the Association agree that neither shall discriminate or retaliate against
any employee for the employee's participation or non - participation in any
Association activity.
Section C. USE OF BULLETIN BOARDS
The City shall provide for the Association's use, designated bulletin boards where
employees in the bargaining unit have access during regular business hours subject
to the following conditions:
1. All postings for bulletin boards must contain the date of posting and the
identification of the organization; and
2. The Association will not post information which is defamatory, derogatory or
obscene, subject to the immediate removal of the right to post for a period not to
exceed 90 days.
Locking bulletin boards will be made available in the Library, City Hall, Fire Station
#105, Police Department and Recreation Center, and regular bulletin boards will be
made available in Fire Station #106, and the City Service Center at a location
approved by the Department Administrator or City Manager.
Section D. PAYROLL DEDUCTION
The City will deduct from the second paycheck of each month and remit to the
.Association, pay of Association members the normal and regular monthly
Association membership dues as voluntarily authorized in writing by the employee
subject to the following conditions:
1. Such deduction shall be made only upon submission of deduction form to
the designated City representative. Said form shall be duly completed
and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed or
discontinued deduction until the pay period commencing fifteen (15) days
or longer after such submission.
Every effort will be made to remit dues to the Association within two weeks of
receipt. The Association agrees to indemnify and hold the City harmless against any
and all suits, claims, demands and liabilities that may arise out of, or by reason of,
any action that shall be taken by the City for the purpose of complying with this
Section.
IN
ARTICLE 111 (continued)
Section E. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours.
Nothing herein shall be construed to prevent an Association representative or an
employee from contacting the Human Resources Administrator or other
management representatives regarding personnel related matters during work
hours.,
The authorized Association Business Agent shall be given access to work locations
during working hours provided that prior to visiting any work location the Association
representative shall:
1. Contact the Human Resources Administrator or designee, to state the
purpose of his /her visit and which location he will be visiting; and
2. The Human Resources Administrator or designee determines that such visit
shall not interfere with the operations of the department.
In the event the requested time and /or location of such visit by the Association
Business Agent is denied because it would interfere with the operations of the
department, the Human Resources Administrator or designee shall set an
alternative time and /or location for such visit within 72 hours: — - --
The Association may schedule after work hours meetings, in the City Conference
rooms or the City Council Chambers at such times these facilities are not in use, by
submitting a written request to the appropriate City administrator which shall include
the date, time, number of people expected, general reason for the meeting, and an
acknowledgment that no food or beverages will be consumed in City facilities.
Approval will be granted in the same manner as it is granted to other organizations.
Section F. ASSOCIATION STEWARDS
1. Three (3) Stewards who are authorized to represent the
Confidential /Supervisory/Professional employees and the four (4) Stewards
who are authorized to represent the General employee bargaining unit shall
be selected in such manner as the Association may determine.
The Association shall notify the employer in writing of the names of the seven
(7) Stewards.
2. The three (3) Stewards who are authorized to represent the
Confidential /Supervisory/Professional employees and the four (4) Stewards
who are authorized to represent the General employee bargaining unit shall
10
ARTICLE III (continued)
be permitted one day off without pay each calendar year to attend a training
session. Advance written notice of no less than fourteen (14) calendar days
shall be given to each steward's supervisor.
3. Association Stewards are allowed reasonable release time to participate in
meetings related to negotiations. In addition, a steward shall be provided
release time during his /her regular work hours for the purposes of:
• Representation at a meeting that is reasonably expected to result
in discipline when the Association Business Agent is not available
to be present.
• Representation at a grievance hearing.
• Special meeting with Human Resources Administrator, or
designee, and Association Business Agent to resolve problems
within the scope of bargaining.
• A fifteen (15) minute orientation period with new hires at the
beginning of a new employee orientation conducted by the Human
Resources Division.
No release time is provided for the preparation, investigation, or processing
of disciplinary issues, grievances, or other Association business.
To facilitate the process, the Steward shall contact the Human Resources
Administrator or designee to arrange the time to conduct Association
business as described above. Not more than one (1) of the designated
steward representatives may participate in any special meeting to resolve a
problem within the scope of bargaining or grievance hearing at one time
unless agreed to by the Human Resources Administrator.
Time spent on steward activities outside of normal working hours is not
compensable.
Section G. REASONABLE NOTICE
The City will provide fifteen (15) business days notice prior to final implementation of
changes to wages, hours of work, or other terms and conditions of employment
within the scope of negotiations. Upon written notice from the Association outlining
the area(s) of concern, together with the Association's proposal, the City will meet
and confer on those matters that are within the scope of negotiations.
In addition, the City shall mail to the Association and the chief shop steward a copy
of the agendas for each City Council and/or Human Resources Commission
meeting.
11
ARTICLE III (continued)
Section H. LIST OF NAMES
The Association shall provide and maintain, with the City, a current list of the names
of all authorized representatives of the Confidential /Supervisory/Professional Unit
and the General Employee Unit.
12
ARTICLE IV MANAGEMENT RIGHTS
Section A. Except as limited by the specific and express terms of this Agreement, the City
hereby retains and reserves unto itself all rights, powers, authority, duty and
responsibilities confirmed on and vested in it by the laws and the Constitution of the
State of California, the Charter of the City of Arcadia and /or the laws and
Constitution of the United States of America.
The management and the direction of the work force of the City is vested exclusively
in the City, and nothing in this Agreement is intended to circumscribe or modify the
existing rights of the City to direct the work of its employees; hire, promote, demote,
transfer, assign and retain employees in positions within the City, subject to the
Personnel Rules and Regulations of the City; suspend or discharge employees for
proper cause; maintain the efficiency of governmental operations; relieve
employees from duties for lack of work or other good reason; take action as may be
necessary to carry out the City's mission and services in emergencies; and to
determine the methods, means and personnel by which the operations are to be
carried out, including the right to subcontract unit work.
13
ARTICLE V COMPENSATION
Section A. The City shall continue to pay 7% of the employee's contribution to the Public
Employee's Retirement System. Effective October 1, 2008, the City shall amend
the existing contract with CalPERS to provide the 2.5% @ 55 retirement formula,
subject to an affirmative vote of affected City employees. The City shall pay 7% of
the employee's contribution with the employees contributing 1 % on a pre -tax basis.
The City shall pay seven percent (7 %) of the employees' compensation earnable as
Employer Paid Member Contributions and report the same percent of compensation
eamable as special compensation.
The City agrees to contract with PIERS to provide Association with a Military Service
Credit option. It is agreed and understood that the employee is responsible for
paying for this benefit.
The City of Arcadia conducted a Labor Market Salary Survey completed in April
2007 and revised in June 2007. The Survey utilized a labor market for the City,
which included salary data for the cities of: Alhambra, Burbank, Covina, Downey, El
Monte, Gardena, Glendora, Monrovia, Monterey Park, Norwalk, Pasadena, West
Covina and Whittier. The recommended 60 percentile salary range adjustments,
rounded to the nearest 2.5% increment, shall be effective June 24, 2007, as
identified in the compensation study. In the event a classification is placed at a
higher range, employees in these classifications will be placed a maximum of 5%
above their July 1, 20b7 salary. If the recommended salary schedule as identified
in the compensation study is greater than 5 %, those employees will receive the
balance effective July 1, 2008; provided an employee's salary shall not exceed the
top step of their salary range. The new salary schedule is attached as Appendix
A.
Upon adoption of this Agreement, a one -time payment of $750.00 less applicable
deductions, if any, shall be made to represented employees not receiving an
adjustment from the compensation study completed in April 2007 and revised in
June 2007.
Effective October 1, 2008 and July 1, 2009 the City will increase salaries for all
members 11% and 1.38% respectively.
The City and Association agree to re -open the MOU on or about December 1,
2009, for the sole purpose of meeting and conferring, with respect to the next
compensation study, if the City chooses to conduct another study.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the lowest step in
such higher range that will provide not less than an approximate 5% increase
in compensation unless the top step in such range provides less than that
14
ARTICLE V (continued)
amount. Such one step of approximately 5.0% shall be measured by the
range from which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step increases.
Section C. The parties acknowledge that the percentages between steps within a range are
approximately 2.5 %.
Section D. The advancement through the salary steps is discretionary based upon satisfactory
performance and continuous service in the same classification. The following
schedule is the continuous service time required for a qualified employee to receive
each step increase:
A Step to C Step: 6 months
All other Steps: 12 months
Salary step advancements may be withheld or delayed by the appointing authority if
an employee's performance does not merit such an advancement.
During the term of this agreement, individuals will advance in their rates of
compensation two steps (approximately 5.0 %) on their anniversary date upon
receiving a satisfactory performance evaluation.
15
ARTICLE VI HOURS
Section A. OVERTIME
With the approval of the City Manager, and when necessary to perform essential
work, a Department Administrator may require an employee(s) to work at any time
other than during regular working hours until such work is completed. Represented
employees required to be in a work status beyond forty (40) hours in a designated
work week, or to work in excess of the regularly scheduled shift, shall be paid at the
rate of one and one -half times the employee's regular hourly rate. For purposes of
overtime calculation, paid sick leave when accompanied by a doctor's slip verifying
illness and all other paid leave time shall be regarded as hours worked. No
overtime credit shall be allowed for any period less than one - quarter hour. Overtime
shall be rounded to the nearest one - quarter hour.
When a represented employee is directed by his /her Department Administrator or
the City Manager to attend classes or City functions at times other than regularly
scheduled work hours which cause the employee to be in a work status in excess of
40 hours in a designated work week, the employee shall be paid at the rate of time
and one -half the employee's regular rate of pay. This does not apply to classes or
other functions which the employee voluntarily attends.
The Department Administrator or City Manager may permit an employee to take
compensatory time in lieu of paid overtime. With Department Administrator
approval, represented employees shall be permitted to accumulate compensatory
time only to a maximum of one hundred (100) hours. When the maximum level of
compensatory time is reached, overtime shall be paid. The scheduling of
compensatory time off shall not result in the pyramiding of overtime.
An employee who has accrued compensatory time and requested use of accrued
compensatory time, shall be permitted to use such time off within a reasonable
period after making the request, if such use does not unduly disrupt the operation of
the City. An employee's request to use compensatory time shall not be denied on
the basis that it would require the payment of overtime to the replacement
employee. The City will assist employees by posting the opportunity, however, it is
the responsibility of the employee to find coverage.
Section B. REST PERIODS
Represented employees, except Dispatcher I's and Dispatcher II's, shall receive for
each eight (8) or nine (9) hour shift worked, at the discretion of the respective
department, two (2) fifteen (15) minute rest periods, one each approximately at the
mid -point of each one -half shift. Office personnel shall not leave City property
during break periods, and field personnel shall take breaks at the work site.
Employees in transit between work sites may take their rest period at a location
between the normal route of work locations. Rest periods are for the good of the
employee, but periods cannot be used to make up for other lost time. Rest periods
16
ARTICLE V1 (continued)
are not cumulative and may not be taken concurrently with lunch periods.
Section C. WORK SCHEDULES
The City may establish and change work schedules, work times and work hours,
and assign employees thereto, in its sole discretion; provided, however, if the City
decides to eliminate a current alternate work schedule (5140, 9/80, 4/10, 3/12 or
3/13.20), the City agrees it will meet and confer with the Association prior to
eliminating the alternate work schedule. If, after meeting and conferring with the
Association, the City decides to proceed with its decision to eliminate an alternate
work schedule, affected employees shall receive a minimum of two (2) weeks notice
of the change.
Except for emergencies and temporary changes in work schedules, work times and
work hours, which shall be defined for six months or less, affected employees shall
be given a minimum of two (2) weeks notice of change in work hours, work times
and work schedules. In the case of an emergency or temporary change in work
schedules, work times or work hours, reasonable notice shall be given to affected
employees.
Employees assigned to rotating schedules shall be allowed to conduct mutually
agreed upon shift trades for each rotation, subject to management's right to deny or
limit such trades due to operational reasons which include, but are not limited to, an
employee's probationary status, an employee's performance issues, or employee
training.
17
ARTICLE V// STABILITY PA MONGEV/TY PA Y
Section A. STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of employment by
recognizing years of service with compensation. The plan pays $25 per year for
each year of consecutive service up to a maximum of twenty (20) years of service.
An employee is not eligible to receive stability pay until they have completed five (5)
years of consecutive service. The following is the schedule of how stability pay is
calculated.
Completed Years
Completed Years
of Service
Amount
of Service
Amount
11
$275
16
$400
12
$300
17
$425
13
$325
18
$450
14
$350
19
$475
15
$375
20
$500
Cash stability payments are made once a year between December 1 and December
10 only to employees on the payroll as of December 1.
Stability payments will be paid on a pro -rata basis to employees that retire or are
laid off prior to December 1, provided they meet all eligibility requirements.
Stability pay will only be applicable to employees who were hired prior to January 1,
1984.
Section B. LONGEVITY PAY
Effective December 1, 2006, a Longevity Pay benefit will be implemented based on
the following formula:
Completed Years of Service Amount Per Year
5 — 9 Years $1,000
10 — 14 Years $1,500
15 Years and beyond $2,000
ARTICLE VII (continued)
Cash longevity payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1. There is no
pro- ration of this benefit. The foregoing amounts shall be subject to applicable
payroll deductions.
19
ARTICLE Vlll TUITION LOAN /REIMBURSEMENT
Section A. The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1
through June 30). Maximum tuition reimbursement, including on campus parking
fees and textbooks shall be paid at the California State University rates plus $100
per year for qualified expenses. School supplies are not reimbursable.
The tuition loan or reimbursement shall only be for courses that are directly related
to the employee's position as determined by the City Manager. Only courses,
specialized training, or degree programs "job- related" to permanent full -time
positions will be considered for tuition loan or reimbursement.
All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass /fail grade is given.
Any employee who shall terminate employment within one (1) year from the
completion of a class or classes shall refund all tuition paid under this provision
unless he was required to attend by the appointing power.
20
ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed at a rate established by the City for travel in an employee's
personal vehicle in connection with City business. Prior approval must be obtained
from the immediate supervisor or Department Head. If travel is required frequently
during a month, reimbursement will be made once a month. Completed mileage
forms shall be submitted to the Department Head consistent with the administrative
policy.
Any employee authorized to use a personal vehicle must maintain an insurance
policy meeting the standards established by the City Manager.
21
ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE
Section A. The City will continue to provide Health, Dental and Life Insurance benefits to each
full -time employee in a classification represented by this Agreement. The City shall
pay up to a maximum of $595.00 per month per employee for coverage. Effective
January 1, 2008, the City shall pay up to a maximum of $688.00 per month per
employee for coverage. Effective July 1, 2009, the City shall pay up to a maximum
of $795.00 per month per employee for coverage. For full -time employees, if the
City's contribution exceeds the cost of employee only coverage, the difference shall
be contributed toward the cost of dependent coverage or to the employee in cash or
a combination of both. The employee has the option of having any amount in
excess of the premium contributed to the employee's account in the City's deferred
compensation plan instead of receiving cash.
The City shall pay up to a maximum of $297.50 per month per permanent part -time
employee for coverage. Effective January 1, 2008, the City shall pay up to a
maximum of $344.00 per month per permanent part -time employee for coverage.
Effective July 1, 2009, the City shall pay up to a maximum of $397.50 per month per
permanent part-time employee. For permanent part -time employees, if the City's
contribution exceeds the cost of employee only coverage, the difference may be
contributed toward the cost of dependent coverage only.
If the premium cost of the health plan exceeds the City's contribution, the employee
shall pay through payroll deduction the difference between the monthly premium
and the amount contributed by the City.
The employee's exercise of the option to use the difference toward dependent
health coverage or the deferred compensation plan is subject to the conditions
controlling enrollment periods and eligibility established by the respective plans or
carriers.
Section B. Effective July 1, 2007 the City shall provide regular full -time employees in a
classification represented by this Agreement with the option to elect the following
contributions in lieu of the contributions provided in Section A of this Article:
1. CaIPERS Health Program
The City will contribute $16 per month per employee for health insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only enrollment in one
of the two dental plans. Additional coverage may be purchased through the
Optional Benefits allocation.
22
ARTICLE (continued)
3. Optional Benefits
The City shall contribute $565.80 per month per eligible employee toward an
optional benefits plan. Effective January 1, 2008, the City shall contribute
$658.80 per month per eligible employee toward an optional benefits plan.
Effective July 1, 2009, the City shall contribute $765.80 per month per eligible
employee toward an optional benefits plan. The employee may receive this
amount in cash or may elect to use coverage for him /herself or his /her
dependents for City- approved benefits options, including but not limited to,
dental insurance, supplemental life insurance, optional long term disability
insurance or deferred compensation plan. Any monies received in cash will
be considered as taxable income.
The employee need not enroll in a medical plan to be eligible for optional
benefits allowance provided that the employee annually sign a waiver and
refusal of coverage during open enrollment.
Dependent enrollment will require proof of eligibility for dependent status such
as a marriage, birth and adoption certificate.
4. Life Insurance
The City shall provide a $25,000 life insurance benefit for eligible employees.
5. The City shall provide each employee with a vision plan, with the City paying
the premium in fiscal years 2007/08, 2008/09 and 2009/10. This vision plan
will be Vision Service Plan, Option B. The City will pay the premium up to the
cost of the family plan.
Section C. Effective July 1, 2007, the City shall provide permanent part-time employees in a
classification represented by this Agreement with the option to elect the following
contributions in lieu of the contributions provided in Section A of this Article:
1. CalPERS Health Program
The City will contribute $16 per month per employee for health
insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage may be
purchased through the Optional Benefits allocation.
3. Optional Benefits
The City shall contribute $268.30 per month per eligible employee
toward an optional benefits plan. Effective January 1, 2008, the City
shall contribute $329.40 per month per eligible employee toward an
23
ARTICLEX (continued)
optional benefits plan. Effective July 1, 2009, the City shall contribute
$382.90 per month per eligible employee toward an optional benefits
plan. The employee may receive this amount in cash or may elect to
use coverage for him /herself or his /her dependents for City -
approved benefits options, including but not limited to, dental
insurance, supplemental life insurance, optional long term disability
insurance or deferred compensation plan. Any monies received in
cash will be considered as taxable income but not considered base
salary for purposes of overtime calculation.
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually sign
a waiver and refusal of coverage during open enrollment.
Dependent enrollment will require proof of eligibility for dependent
status such as a marriage, birth and adoption certificate.
4. Life Insurance
The City shall continue to provide a $25,000.00 life insurance benefit for
eligible employees.
5. The City shall provide each employee with a vision plan, with the City paying
the premium in fiscal years 2007/08, 2008/09 and 2009/10. This vision plan
will be Vision Service Plan, Option B. The City will pay the premium up to the
cost of the family plan.
Section D. RETIREE HEALTH INSURANCE
For employees retiring from the City on or after July 1, 2007, the City agrees to pay
the employee and spouse health insurance monthly premium at an amount not to
exceed the PERS Choice premium for eligible City retirees from the classifications
represented by this Agreement. An eligible retiree is an employee who retires from
City service on a service, disability, or industrial disability retirement and has one
thousand (1000) hours of accumulated sick leave at the date of retirement.
Payment shall cease for the retiree upon eligibility for Medicare coverage, and
payment shall cease for the spouse upon eligibility for Medicare coverage or after
15 years, whichever occurs first. If the retired employee and /or spouse have other
group medical coverage available, then this other group insurance shall be primary
and the City's health insurance plan shall function as a secondary co- insurance.
In order to be eligible for retiree health coverage, the employee, and if applicable,
the employee's spouse, must be enrolled in a City- sponsored health plan as of the
retiree's last day of work and maintain eligibility to continue in the CalPERS Health
Program as stipulated by the Health Program.
24
ARTICLE X (continued)
An employee who has fewer than one thousand (1000) hours of accumulated sick
leave at the date of retirement may purchase up to a maximum of three hundred
fifty (350) hours worth of sick leave in an amount equal to the employee's daily pay
rate at the time of retirement to meet the one thousand (1000) hour requirement,
with the following restrictions; provided, however, upon verification of information
from a qualified medical provider that an employee has substantially depleted the
employee's sick leave accrual due to an absence or absences caused by a serious
illness or injury suffered by the employee or a family dependent living in the
employee's household, this purchase limitation of 350 hours will be excused.
1. The employee must have reached the age of 55; and
2. The employee must be employed by the City of Arcadia and must
have worked full -time for the City of Arcadia for a minimum of 15
years. An employee may convert the dollar value of accumulated
vacation hours to reach the dollar value of up to 350 hours to meet
the thousand (1000) hours accumulated sick leave requirement;
provided, however, upon verification of information from a qualified
medical provider that an employee has substantially depleted the
employee's sick leave accrual due to a an absence or absences
caused by a catastrophic, life threatening illness or injury suffered by
the employee or a family dependent living in the employee's
household, this conversion limitation of 350 hours will be excused.
Effective February 1, 1999 retirees will be subject to the terms of the CalPERS
Health Program. In this program the City will pay to CalPERS $1.00 per month for
the retiree's health insurance. This amount increases annually by 5% until it is
equal to the City contribution for active employees of $16.00 per month. The
difference between this contribution and the employee only cost of the insurance
selected by the retiree will be refunded to the retiree by the City on a monthly
basis based on a report by CalPERS of the retiree's continued enrollment.
W
ARTICLE XI DISABILITY INCOME INSURANCE
Section A. The City shall provide disability income insurance up to a maximum total monthly
payment of $12.81 per eligible employee, as currently defined by the insurer to be
an employee who works at least 30 hours per week, during the life of the
Agreement.
99
ARTICLEXII MEDICAL EXAMINATIONS
Section A. All medical examinations required by the City shall be paid for by the City in
accordance with the City of Arcadia Personnel Rules and Regulations.
Section B. An employee, at any time, may be required by the appointing power to take a
medical examination, paid for by the City, to determine fitness for duty.
27
ARTICLEXIII UNIFORMS
Section A. Upon hire, the City shall provide the following employees with seven (7) sets of
uniforms consisting of shirts and trousers.
• Communication Specialist
• Custodian
Upon hire, the City shall provide the following employees with five (5) shirts:
• Public Works Inspector
• Code Services Officer
• Combination Inspector
• Senior Code Services Officer
Upon hire, the City shall provide the following employees with four (4) sets of
uniforms consisting of long sleeve shirt, short sleeve shirt, pants /skirt, cross - tie /tie,
and one sweater or one medium weight uniform jacket.
• Community Services Officer
• Dispatcher 1 /11
• Dispatcher Services Supervisor
• Evidence Technician
• Logistical Services Officer
• Fire Inspector
• Fire Administration Specialist
• Police Records Technician 1 /11
• Senior Police Records Technician
• Office Assistant (assigned to the Fire & Police Department)
Uniforms shall be replaced on an as needed basis, pursuant to department
procedures.
In addition to the above uniforms, the City shall provide polo shirts for the following
employees:
• Communications Specialist (4)
• Police Records Technician 1 /II (2)
• Dispatcher 1 /II (2)
• Dispatch Services Supervisor (2)
• All other employees represented by this MOU shall receive one (1)
Polo shirt yearly.
Section B. Upon termination of employment the employee shall turn in all uniforms issued or
shall have a dollar amount equal to the lost uniform cost deducted from the
employee's final check.
I
ARTICLE XIII (continued)
Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal
year for each employee in the following classifications: Combination Inspector,
Senior Code Services Officer, Code Services Officer,. Community Services Officer,
Custodian, Fire Inspector, and Public Works Inspector.
The City shall designate safety shoe standards for the above classifications. A
purchase order, not to exceed the maximum fiscal year amount referred to above,
shall be provided upon the employee's request. Once the employee has purchased
safety shoes in this manner, the safety shoe shall be required footwear. Wearing of
safety shoes is limited to City work hours.
29
ARTICLE XIV LEAVES OF ABSENCE
Section A. NON - MEDICAL LEAVES WITHOUT PAY
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power to grant
leaves of absence without pay subject to the following restrictions:
1. Length - leave of absence without pay may be granted for a period not to
exceed one year with the exception that military leaves may be granted for
the duration of a war or national emergency or as required by the Military and
Veterans' code.
2. Reason - a leave of absence may be granted an employee, provided he /she
meets all other requirements set forth in this rule, who desires to attend
school or college or to enter training to improve the quality of his /her service,
who enters military service of the United States, who is temporarily
incapacitated by illness, or who presents some other reasons equally
satisfactory.
3. Right to Return - the granting of a leave of absence without pay confers
upon the employee the right to return to his/her classification before or at the
expiration of his /her leave of absence. Therefore, a leave of absence shall
be granted only to an employee who intends to return to his /her classification
with the City.
4. Service Record - no request for leave of absence will be considered unless
the employee presenting the request has a satisfactory service record.
5. An employee granted a leave of absence may be required by the appointing
power or the City Manager to successfully pass a medical examination prior
to being allowed to return to work.
6. The granting of a leave of absence of thirty (30) days or less, with or without
pay, shall not constitute an interruption of service within the meaning of this
subsection. The granting of a leave of absence with or without pay of more
than thirty (30) days shall constitute an interruption of service unless, in the
action granting such leave of absence, it is provided that such leave of
absence shall not constitute an interruption of service.
7. The City shall continue to provide health, dental, life, and disability insurance
for an employee granted a leave of absence for up to 30 calendar days. It
shall be the responsibility of the employee who wishes to continue any
insurance coverage beyond the 30 calendar days, to notify the Human
Resources Division of his /her intent to continue coverage and to remit the full
monthly premium for any coverage to the Administrative Services
Department.
30
ARTICLE XIV (continued)
Section B. FAMILY CARE AND MEDICAL LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power to grant
Family Care and Medical Leaves. In accordance with the Federal Family and
Medical Leave Act ( "FMLA ") and the California Family Rights Act ( "CFRA "), the City
of Arcadia will provide family and medical leave for eligible employees, as defined.
a. Definitions
"12- Month Period" - means 12 -month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
"Child" - means a child under the age of 18 years of age, or 18 years of age
or older who is incapable of self -care because of a mental or physical
disability. An employee's child is one for whom the employee has actual day -
to -day responsibility for care and includes, a biological, adopted, foster child,
step - child, or child of whom the employee is the legal guardian
"Serious health condition" - means an illness, injury impairment, or physical
or mental condition that involves:
1) Any period of incapacity or treatment in connection with or
inconsequent to a hospital, hospice or residential medical care
facility;
2) Any period of incapacity requiring absence from work of more
than three calendar days, that also involves continuing
treatment by (or under the supervision of) a health care
provider;
3) Continuing treatment by a health care provider for a chronic or
long -term health condition that is incurable or so serious that, if
not treated, would likely result in a period of incapacity of more
than three calendar days; or
4) Prenatal care by a health provider.
"Continuing treatments" means:
1) Two or more visits to a health care provider;
2) Two or more treatments by a health care practitioner (e.g.
physical therapist) on referral from, or under the direction of a
health care provider; or
31
ARTICLE XIV (continued)
3) A single visit to a health care provider that results in a regimen
of continuing treatment under the supervision of the health care
provider (e.g. medication therapy).
b. Leave is only permitted for the following reasons:
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with the
adoption or foster care of a child;
3. Leave to care for a child, parent or a spouse who has a serious health
condition; or
4. Leave because of a serious health condition that makes the employee
unable to perform the functions of his /her position.
C. An employee is eligible for leave if the employee:
Has been employed for at least 12 months; and
2. Has been employed for at least 1,250 hours during the 12 -month
period immediately preceding the commencement of the leave.
d. Eligible employees are entitled to a total of 12 workweeks of leave during any
12 -month period. The 12 workweek period does not include leave taken for
an employee's pregnancy disability pursuant to Government Code Section
12945.2. An employee's entitlement to leave for the birth or placement of a
child for adoption or foster care expires 12 months after the birth or
placement.
e. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will continue to
be covered by the City of Arcadia's group health insurance to the same
extent that coverage is provided while the employee is on the job.
Employees may make the appropriate contributions for continued coverage
under the proceeding benefit plans by payroll deductions or direct payments
made to these plans. Employee contribution rates are subject to any change
32
ARTICLE XIV (continued)
in rates that occurs while the employee is on leave. If an employee fails to
return to work after his /her leave entitlement has been exhausted or expires,
the City of Arcadia shall have the right to recover its share of health plan
premiums for the entire leave period, unless the employee does not return
because of the continuation, recurrence, or onset of a serious health
condition which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The City of Arcadia shall
have the right to recover premiums through deduction from any sums due the
City of Arcadia (e.g. unpaid wages, vacation pay, etc.)
f. If an employee requests leave for any reason permitted under this policy,
he /she must exhaust all accrued leaves (except sick leave) in connection
with the leave. An employee may elect to exhaust part or all of the
employee's sick leave while on an approved Family Medical Leave to care for
a child, parent or spouse. The exhaustion of accrued leave, and sick leave if
any is used, will run concurrently with the leave under this policy.
If an employee requests leave for his /her own serious health condition, in
addition to exhausting accrued leave, the employee must also exhaust
accrued sick leave.
g. Employees who request leave for their own serious health condition or to
care for a child, parent or a spouse who has a serious health condition must
provide written certification from the health care provider of the individual
requiring care.
If the leave is requested because of the employee's own serious health
condition, the certification must include a statement that the employee is
unable to perform the essential functions of his /her position.
If the City of Arcadia has reason to doubt the validity of a certification, the
City may require another medical opinion at the City's expense. When the
second opinion differs from the first, the City may require the opinion of a
third provider jointly approved by the City and the employee, at the City's
expense. The opinion of the third provider will be binding.
If an employee requests leave intermittently (a few days or hours at a time) or
on a reduced leave schedule to care for an immediate family member with a
serious health condition, the employee must provide medical certification that
such leave is medically necessary. "Medically necessary" means there must
be a medical need for the leave and that the leave can best be accomplished
through an intermittent or reduced leave schedule.
33
ARTICLE XIV (continued)
h. Although the City of Arcadia recognizes that emergencies arise which may
require employees to request immediate leave, employees are required to
give as much notice as possible of their need for leave. If leave is
foreseeable, at least 30 days notice is required. In addition, if an employee
knows that he /she will need leave in the future, but does not know the exact
date(s) (e.g. for the birth of a child or to take care of a newborn), the
employee shall inform his /her supervisor as soon as possible that such leave
will be needed. If the City of Arcadia determines that an employee's notice is
inadequate or the employee knew about the requested leave in advance of
the request, the City of Arcadia may delay the granting of the leave until it
can, in its discretion, adequately cover the position with a substitute.
i. Upon expiration of leave, an employee is entitled to be restored to the
position of employment held when the leave commenced, or to an equivalent
position. As a condition of restoration of an employee whose leave was due
to the employee's own serious health condition, which made the employee
unable to perform his /her job, the employee must obtain and present a
fitness- for -duty certification from the health care provider that the employee is
able to resume work. Failure to provide such certification will result in denial
of restoration.
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reserve corps of the armed forces of the
United States or of the National Guard or the Navy Militia shall be entitled to a
temporary military leave of absence as provided by applicable Federal law and
applicable California State law.
To be eligible for paid leave for 30 calendar days of active military training, an
employee must have been employed by the City for a period of not less than one
year immediately prior to the day on which the leave of absence begins. If the
employee has not been employed for a period of one year, the leave shall be
granted without pay. Pay shall not exceed 30 calendar days in any one (1) fiscal
year.
An employee on paid military leave shall continue to accrue vacation, sick leave,
seniority and /or holiday in the same manner as the employee would have, had the
employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in writing
with a copy of his /her military orders to his /her immediate supervisor for processing.
34
ARTICLE XIV (continued)
This leave provision does not apply to employees who are drafted or receive orders
to military duty for periods longer than 180 calendar days. Employee's rights to
return to vacant positions after an absence that exceeds 180 calendar days shall be
governed by the applicable Federal and State law.
Section D. VACATION LEAVE
Accumulated vacation leave shall be granted at the discretion of the
appointing power.
2. Vacation may not be accumulated beyond the amount accumulable for a
sixty -five (65) pay period basis. Once an employee has accumulated this
amount, no more vacation will be accrued by the employee until the
employee's accrual has been reduced below this maximum amount.
When through work circumstances and needs of the job, an employee has
been unable to utilize vacation time and this has not been a pattern or
practice for that employee, the City Manager for good cause may approve
excess accumulated vacation, provided the employee reduces this total
below the allowable maximum within six (6) months.
3. An employee who has previously requested and was granted approval of
vacation leave for use during the last three (3) months of the calendar year
and is unable to utilize such leave because of the City's cancellation of leave
shall be allowed to carry over the excess leave time into the next three (3)
months of the new calendar year, if rescheduling of the vacation leave is not
possible.
4. Upon termination, vacation used shall be pro -rated against vacation earned.
Every City employee who leaves the City employ for any reason shall be
granted all accumulated vacation or shall be paid therefore at his /her rate of
compensation applicable at the time he /she leaves the City employ. If an
employee works more than 50% of the pay period, the employee shall
receive credit for 50% of that pay period's vacation.
5. Full -time employees represented by this Agreement, with the exception of
temporary appointments shall accumulate vacation with pay beginning with
the first full pay period of employment at the rate of 3.07 hours per pay period
during the first five years of continuous full -time employment with the City; at
the rate of 4:61 hours per pay period between the employee's fifth and tenth
anniversary date of continuous full -time employment; at the rate of 5.23
hours per pay period between the employee's tenth and fifteenth anniversary
date of continuous full -time employment, and at the rate of 6.15 hours per
pay period after fifteen years of continuous full -time employment with the
City.
35
ARTICLE XIV (continued)
Every full -time employee represented by this Agreement, with the exception
of temporary appointments shall accumulate vacation with pay beginning with
the first full pay period of employment. Vacation shall be accrued based on
years of service as follows:
1 -5 years
80 hours
6 -10 years
120 hours
11 -15 years
136 hours
16+ years
160 hours
Part -time employees represented by this Agreement, with the exception of
temporary appointments shall accumulate vacation with pay beginning with
the first full pay period of employment at the rate of 1.54 hours per pay period
during the first five years of continuous employment with the City; at the rate
of 2.31 hours per pay period between the employee's fifth and tenth
anniversary date of continuous employment; at the rate of 2.62 hours per pay
period between the employee's tenth and fifteenth anniversary date of
continuous employment, and at the rate of 3.07 hours per pay period after
fifteen years of continuous employment with the City.
Section E
6. Vacation scheduling for the dispatch, records, and community services officer
work sections, excluding supervisory and management employees, shall be
determined by seniority within each work section, provided that the employee's
vacation request is made within one month prior to the applicable master
vacation schedule. Requests made during the applicable period of the master
vacation schedule will be considered on a first come, first served basis.
7. Employees may elect to sell back vacation during a calendar year equal to the
amount of vacation taken during the year, by the date of the request, not to
exceed a maximum of 80 hours in the calendar year.
SICK LEAVE
1. Every full -time employee represented by this Agreement shall accrue sick
leave beginning with the first full pay period of employment on the basis of
3.693 hours for each pay period of service completed with the City.
Employees may accumulate up to a maximum of 1,500 hours of sick leave
with pay.
2. The City Manager or designee may require a medical examination by a
physician or evidence of the reason for an absence of any employee during
absence on account of illness of such employee.
3. Except as provided hereinafter, sick leave means authorized absence from
duty of an employee who is temporarily disabled and unable to work due to a
medical condition or due to a scheduled medical or dental appointment
cZ:
ARTICLE XIV (continued)
during regular working hours. Every effort shall be made to schedule
appointments during non - working hours.
Employees that are injured on duty, and the injury is recognized as such by
the City or the WCAB, and not eligible to receive salary to supplement
workers' compensation temporary disability benefits under Section J of this
Article, may request that accrued sick leave be paid to supplement workers'
compensation disability payments.
d. Sick leave may be used by an employee when his/her care and attendance
is required by a family dependent who requires the employee's presence at
the dependent's medical or dental appointment during regular working hours.
Every effort shall be made to schedule appointments during non - working
hours. Family dependents shall include only dependents currently residing in
the employee's household, or the employee's minor children.
e. The appointing power and City Manager may require evidence of the reason
for any employee's absence caused by illness or death in the immediate
family of the employee during the time for which sick leave is requested.
In case of absence due to illness, the employee shall notify his /her
department in accordance with departmental rules and explain the nature of
the illness. If an employee is requested to provide a doctor's certification for
their illness or the illness of their dependent(s), the request for the
certification shall be made prior to their return to work. The appointing power
and City Manager may deny or revoke sick leave if the illness or injury for
which it is taken is caused or substantially aggravated by compensated
outside employment.
g. Part-time employees who work more than forty (40) hours in a pay period
shall receive sick leave in the same manner and under the same conditions
as full -time employees at one -half the level of full -time employees.
Section F. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent, in the immediate family, an
employee, may be granted a leave of absence with pay, upon approval of the
appointing power and the City Manager. Immediate family is defined as the spouse,
the employee or employee's spouse's mother or stepmother, father or stepfather,
brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or
any relative of the employee or employee's spouse residing in the same household.
Such leave, shall be granted based on employee's current work shift up to a
maximum of three (3) shifts.
[cIl
ARTICLE XIV (continued)
Section G. HOLIDAYS
1. Each employee in a classification represented by this MOU shall be allowed the
following holidays with pay:
New Year's Day - January 1
President's Day - The third Monday in February
Memorial Day - The last Monday in May
Independence Day - July 4
Labor Day - The first Monday in September
Veteran's Day - November 11
Thanksgiving Day - The fourth Thursday in November
The Friday following the fourth Thursday in November
Christmas Eve — December 24 - 4 hours
Christmas Day - December 25
New Year's Eve — December 31 - 4 hours
Every day appointed by the City Council for a public fast, thanksgiving
or holiday.
2. Whenever New Year's Day - January 1; Independence Day - July 4; Veteran's
Day - November 11; or Christmas Day - December 25, falls on a Saturday or
Sunday, the Friday preceding or the Monday following, respectively, shall be a
holiday.
3. In lieu of a city -wide holiday to celebrate Dr. Martin Luther King's birthday, full -
time empfoyees shall receive one floating holiday to be scheduled by the
employee in the same manner as vacation leave.
In lieu of a city -wide holiday to celebrate Admissions Day, full -time employees
shall receive one floating holiday to be scheduled by the employee in the same
manner as vacation leave. Floating holidays do not carry over into subsequent
fiscal years. Failure to timely schedule the days off shall result in their loss. If
the City adopts Dr. Martin Luther King's birthday or re- adopts Admissions Day as
a city -wide holiday, the floating holiday(s) shall cease and eligible employees
shall receive the city -wide holiday.
4. Each employee in a classification represented by this MOU shall be allowed
eight (8) hours floating holiday for his /her birthday to be scheduled by the
employee in the same manner as vacation days are scheduled. Floating
holidays do not carry over from calendar year to calendar year. Failure to
schedule the day off within the calendar year shall result in its loss.
5. An employee required to work or attend a class or function on any holiday
allowed to him by this Section shall be paid for the holiday, and in addition, he
shall be compensated in accordance with the applicable overtime rules. A
holiday allowed by this Section occurring during any leave of absence with pay
Ml
ARTICLE XIV (continued)
shall be added to the number of working days' leave of absence to which such
employee is entitled.
6. For full -time employees assigned to an alternate work week, and scheduled to
work 9 or more hours, but for the holiday would have been scheduled to work 9
or more hours, the employee may use accrued vacation time, accrued comp
time, floating holiday time or unpaid leave to make up any difference between
the provided nine hours of holiday pay and the actual number of regularly
scheduled working hours for a designated holiday. For example, if a holiday falls
on a day an employee is scheduled to work ten (10) hours, the employee shall
receive nine (9) hours of holiday pay and be permitted to use other accrued
leaves to make up the extra hour for that day.
7. For full -time employees assigned to an alternate work week, if a holiday falls on
a Friday that City Hall is closed under the 9/80 plan, each employee shall receive
an eight (8) hour floating holiday. Floating holiday time is not accruable and not
payable if unused. The floating holiday must be used by the end of the fiscal
year in which it is granted or it shall be forfeited.
Salary for the holiday shall be paid during the pay period in which the holiday
occurs.
Section H.
Section I
8. Represented part-time employees who work more than forty (40) hours in a pay
period shall receive holidays in the same manner and under the same conditions
as full -time employees at one -half the level of full -time employees.
JURY LEAVE
When an employee is called or required to serve as a juror, attendance shall be
deemed a leave of absence with full pay. The City will compensate jury service up
to eighty (80) hours per year. All hours in excess of eighty (80) shall not be
compensated. The employee shall remit to the City all fees received except
mileage. For employees assigned to an alternate work week, pay for jury duty shall
not be provided on regularly scheduled days off. When released from any day of
service more than two (2) hours prior to the end of the normal work schedule, an
employee shall report as soon as practical to full duty.
COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in court as a witness shall
be deemed to be on leave of absence. With approval of the appointing power and
City Manager, an employee may be granted leave with pay during his /her required
absence. The employee shall remit to the City fees received except mileage. A
paid leave of absence shall not be granted for time spent in Court on personal
cases.
39
ARTICLE XIV (continued)
Section J. INDUSTRIAL ACCIDENT LEAVE
Industrial accident leave shall be granted only to employees with three (3) or
more full years of continuous service with the City.
2. Industrial accident leave shall be allowed for a maximum of ten (10) months
from and after the date of injury. Industrial accident leave shall be equivalent
to the employee's regular base salary and any temporary disability
compensation payment required by law shall be deducted from the industrial
accident leave payment. Lost time due to an injury on duty shall not be
charged against an employee's accumulated sick leave after all industrial
accident leave is expended.
3. Compensation shall continue until the employee returns to work, industrial
accident leave is exhausted, or it is medically determined that there is a
permanent disability which precludes return to regular duties, whichever
occurs first.
4. The City reserves the right to require an employee to furnish proof from a
physician of the cause and necessity of absence during an industrial accident
leave.
5. "Industrial accident' as used in this Article, is defined as any illness or injury
arising directly out of the employment of the employee which forces the
employee to absent himself /herself from work upon the advice of a physician.
The determination of whether an illness or injury results from an industrial
accident shall be made by the City in consultation with its Workers'
Compensation administrators.
.S
ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -test period
during which the employee's performance and conduct on the job are evaluated to
determine whether or not the employee is fully qualified for permanent appointment.
During the probationary period, a probationer may be released, or demoted if
permanent status is held in a lower classification, without the right of appeal, if the
appointing power deems the probationer unfit or unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date first
appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive examination
and who are not currently employed in a permanent position shall be on probation
for twelve (12) months before attaining permanent status.
For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and
Police Records Technician 1 /11 and Senior Police Records Technician the
probationary period for all eligible candidates appointed from an open competitive
examination and who are not currently employed in a permanent position, shall be
eighteen (18) months. Eligible candidates appointed from a promotional list to these
classifications, (except Dispatcher I promoting to a Dispatcher 11) shall be on
probation twelve (12) months before attaining permanent status. A Dispatcher I
who has successfully completed probation and is appointed from a promotional list
to Dispatcher II shall be on probation for six (6) months before attaining permanent
status.
Section C. Eligible candidates appointed from a promotional list shall be on probation for six
months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period with the
approval of the Human Resources Administrator.
Section E. A probationary employee who is holding a promotional position shall have the right
to demotion to the classification in which he/she holds a permanent appointment,
unless he /she was discharged for cause from City employment.
!ail
ARTICLEXVI SPECIAL PAY
Section A. ACTING PAY
Any employee in the unit who is required, in writing, to work five (5) consecutive
working days or longer in a higher classification which is vacant due to sick leave,
injury leave, vacation, termination or move up due to acting pay shall receive the
following acting pay retroactive to the first day of the assignment:
1. Five percent (5 %) above their current rate of pay or A step of the higher
classification, whichever is higher; or
2. Should such percentage exceed the top step of the range for the higher
classification, the employee shall receive compensation at the top step of the
higher classification.
Nothing contained herein shall apply to an employee who is being trained by the
City to qualify for a higher classification.
Section B. CALL -BACK PAY
If a unit member is required while off duty to report back to work on a call -out,
he /she shall receive a minimum of two (2) hours pay at straight time or the hours
actually worked at the appropriate rate of compensation, whichever is greater. Call
back pay shall commence upon the arrival of the employee at the work site.
Section C. BILINGUAL PAY
A maximum of fifteen (15) employees may be certified as bilingual by the City.
Once certified, the employee shall receive a bilingual pay stipend of $75 per month.
Any employee who is not certified as bilingual by the City shall not be required to
use a language other than English. However, when a member of the public, who
does not speak English asks an employee for assistance in a language other than
English that the employee understands, the employee shall make a reasonable
effort to communicate with the member of the public in a polite and professional
manner.
Section D. DISPATCH /RECORDS /CSO TRAINING PAY
During the term of this Agreement, a Dispatcher, Records Technician or CSO
assigned by the Police Chief or his /her designee to perform the extra duty and
responsibility of training new employees shall receive $50.00 per pay period, in
addition to their base salary, only while in the capacity of training new employees.
EPA
ARTICLE XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may layoff an employee because of change
in duties or organization, deletion of service, adverse working conditions, shortage
of work or funds or return of employees from authorized leave of absence.
The order of layoff shall be based on performance (outlined in Section C below),
and in the reverse of total cumulative time served in the same classification upon
the date established for the layoff to become effective. The order of employee
layoff in a department shall be as follows: temporary, provisional, probationary,
permanent. The employee in the class with the least seniority in the department will
be laid off and may exercise bumping rights, if any, to the least senior incumbent in
the class in the City. However, if a vacancy exists in the class, there will be no
bumping and the employee who is to be laid off will be reassigned to the vacant
position.
Classified employees may only bump or voluntarily demote to a classified position
and unclassified employees may only bump or demote to an unclassified position.
Permanent full -time employees who receive notice of layoff may, in lieu of layoff,
voluntarily demote to the next lower classification that the employee previously held
within the unit, provided such employee's seniority in the department is greater than
the most junior employee holding the lower position. Permanent part-time
employees may in lieu of layoff voluntarily demote to the next lower part-time
classification that the employee previously held within the unit, provided such
employee's seniority in the department is greater than the most junior employee
holding the lower position.
Employees in classifications which are found in more than one Department may in
lieu of layoff voluntarily transfer to another City department in the same
classification, or lower classification, provided there is a funded vacant position or
provided the employee's seniority is greater than the most junior employee holding
the position.
An employee who transfers across departmental lines shall serve a six month
probationary period. If the employee fails the probationary period the employee
shall then be placed on the re- employment list, and the employee who was laid off
shall be reinstated.
Section B. RE- EMPLOYMENT LIST
The names of employees shall be placed upon re- employment lists in the reverse
order of the layoff. Re- employment lists shall remain effective for eighteen (18)
months from the effective date of separation from service. Failure of the employee
on the re- employment list to provide the City their current address shall result in the
employee's name being removed from the eligibility list.
43
ARTICLE XVII (continued)
Section C. DEFINITIONS
Emoloyee - Permanent full -time and permanent part-time worker of the City of
Arcadia who has been employed by the City for twelve (12) consecutive months.
Lavoff - Permanent separation from employment with the City as a result of a work
reduction.
Performance - The rating received by the employee from the City of Arcadia's
evaluation process. For the purposes of layoffs, seniority will only be disregarded if
an employee's overall performance evaluation rating in any one of the last three (3)
years is below proficient. In such case, the layoff shall be based upon performance.
Work Reduction - A decrease in the level of service or amount of product output by
the City.
M,
ARTICLEXV111 PERSONNEL FILES
Section A. The City shall maintain a central personnel file for each employee in the Human
Resources Division. Supervisors may maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written material which is
to be used as a basis for employee discipline shall be sent to the central personnel
file and given to the employee.
Copies of performance evaluations and /or disciplinary actions shall not be entered
in the file, until the employee is given a copy and an opportunity to review and
comment thereon. The employee shall be given an opportunity during working
hours to initial, date, and file a written response to the material. The written
response shall be attached to the material.
Copies of letters of commendation and /or certificate of commendation from the City
Council or City Manager shall be placed in the employee's personnel file.
An employee or their designated representative (in writing) shall have the right to
examine and /or obtain copies at the employee's expense, of any material from the
employee's personnel file with the exception of material that includes ratings, reports
and records which were obtained prior to the employment of the involved employee.
Section B. Discipline older than three (3) years will not be considered in promotional
recruitments.
45
ARTICLEXIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a misinterpretation or
misapplication of any express provision of the applicable Memorandum of
Understanding or City and/or Department Personnel Rules and Regulations
where there is no other specific method of review provided by City law.
2. Grievant
An employee or group of employees in the classified service adversely
affected by an act or omission by the City allegedly in violation of an express
provision of the Memorandum of Understanding or City and /or Department
Personnel Rules and Regulations.
3. Department Head
The Department Head or Designee.
4. Work day
A work day is any day the City offices are regularly open for business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing wages, hours
and working conditions. Allegations involving wages, hours and working
conditions may thus be grieved only if the grievance involves a
misapplication or misinterpretation of an express provision of the MOU or a
City /Department Personnel Rules and Regulations.
b. The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews. Allegations that the City has
failed to comply with an evaluation procedure set forth in a specific provision
of the MOU and /or City /Department Personnel Rules and Regulations are
grievable.
C. The procedure is not intended to be used to challenge a reclassification,
layoff, transfer, denial of reinstatement, or denial of a step or merit increase.
Notwithstanding the above, if the process used to reach the foregoing
decisions is not in compliance with an express provision of the MOU and/or
City/Department Personnel Rules and Regulations, a grievance may be filed.
ARTICLEXIX (continued)
Section B
Section C.
Section D.
Section E.
d. The procedure is not intended to be used in cases of oral or written
reprimand, demotion, suspension, removal or other disciplinary action.
Appeals of disciplinary actions are covered by the City's Personnel Rules
and Regulations.
e. The procedure is not to be used to challenge examinations or appointment
to positions. Notwithstanding the above, if the process used to reach the
foregoing decisions is not in compliance with an express provision of the
MOU and /or City /Department Personnel Rules and Regulations, a
grievance may be filed.
TIMELINESS
The grievance must be filed by the employee within the timelines set forth herein.
Failure of the employee to file the initial grievance or process the grievance from
one level to another in a timely manner is a forfeiture of the grievance and the
grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed to the
next level.
EMPLOYEE REPRESENTATION
The employee may be represented by a person of his /her choice to prepare and
present the grievance. The employee may use a reasonable amount of released
time to process the grievance. The release time must be approved by the
Department Head.
INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15) working
days after the employee should reasonably have . known of the event, the
employee should attempt to resolve the grievance on an informal basis by
discussion with his/her immediate supervisor.
FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion with
his /her immediate supervisor, within ten (10) working days after the
informal discussion with the immediate supervisor, the employee shall
present the grievance in writing to the next level supervisor on the official
City grievance form setting forth the following information:
a. The specific section of the rules or MOU allegedly violated.
:VA
ARTICLE XIX (continued)
b,
C.
d.
e.
f.
The specific act or omission which gave rise to the alleged violation.
The date or dates on which the violation occurred.
Documents, witnesses or evidence in support of the grievance.
The resolution of the grievance at the informal stage.
The remedy requested.
A copy of the grievance shall be provided to the Human Resources Division
of the Administrative Services Department concurrently with presentation to
the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form, to
the Department Head.
The Department Head may require the employee and the immediate
supervisor to attend a grievance meeting. The Department Head shall
communicate a decision in writing within ten (10) working days of receiving
the grievance or within ten (10) working days of holding a grievance
meeting whichever is longer.
3. Human Resources Administrator
If the employee is not in agreement with the decision reached by the
department head, within ten (10) working days after receiving the
Department Head's decision or twenty (20) days from the date the
Department Administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the Human
Resources Administrator on the official City grievance form.
The Human Resources Administrator may require the employee and the
immediate supervisor to attend a grievance meeting. The Human
Resources Administrator shall communicate a decision in writing within ten
(10) working days of receiving the grievance or the holding of a grievance
meeting whichever is longer.
a
ARTICLE XIX (continued)
Section F
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Administrator or if the Human Resources Administrator has
failed to respond, the employee shall present the grievance to the Human
Resources Commission within ten (10) working days from the date of
receipt of the Human Resources Administrator's decision or twenty (20)
days from the date the Human Resources Administrator received the
grievance but failed to issue a decision.
APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within thirty (30)
days, transmit the appeal to the Human Resources Commission. The
Commission shall schedule a hearing. The appeal hearing shall be set not
less than twenty (20) working days nor more than sixty (60) working days
from the date of the filing of the appeal. All interested parties shall be
notified in writing of the date, time, and place of the hearing at least ten (10)
working days prior to the hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the commencement
of the hearing. After the commencement of the hearing, subpoenas
shall be issued by the Commission only for good cause. Each party
will prepare their own subpoenas and present them to the Human
Resources Division of the Administrative Services Department and
the other party. The Human Resources Division of the
Administrative Services Department will issue the subpoenas. The
Human Resources Division of the Administrative Services
Department will serve subpoenas for current City employees. It will
be the responsibility of the employee or the City to serve subpoenas
on individuals who are not currently employed by the City. It will be
the responsibility of the employee and the City to submit the written
request for subpoenas at least ten (10) working days before the date
of the hearing.
M
ARTICLE XIX (continued)
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each party
shall serve upon the other party and submit to the Human
Resources Division of the Administrative Services Department a list
of all witnesses and a list and copy of all exhibits. An original and
nine (9) copies of the exhibits shall be presented to the Human
Resources Division of the Administrative Services Department in 3
hole notebooks which are tabbed down the side with the exhibit
numbers. The employer's exhibits shall be designated by number.
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
C. Statement of Issues
Five (5) working days prior to the date set for the hearing, each party
shall submit to the Human Resources Division of the Administrative
Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall present
each member of the Human Resources Commission with a copy of the
jurisdictional documents. Those documents include the grievance
documents at each level and the responses to the grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working hours
will be released with pay to appear at the hearing. The Commission may
direct that these employees remain on call until called to testify.
Employees who are subpoenaed to testify during non - working hours will be
compensated for the time they actually testify, unless the City agrees to a
different arrangement.
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the truth.
50
ARTICLE XIX (continued)
b. Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such
evidence over objection in civil actions.
C. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence that shall not be sufficient in itself to
support a finding unless it would be admissible over objection in civil
actions.
d. The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made by
the Commission shall not be invalidated by any informality in the
proceedings.
a
During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. The Human Resources Commission may conduct the hearing or
delegate evidentiary and /or procedural rulings to its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not
ready and wishes a continuance, good cause must be stated. Any request
for a continuance must be made in writing and submitted prior to the
hearing to all parties. Before requesting a continuance, the moving party
shall contact all parties to determine if there is any opposition to the
continuance and shall state in its request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony at
the hearing. The chairperson will request the witnesses to raise their right
hand and respond to the following:
51
ARTICLE XIX (continued)
"Do you swear that the testimony you are about to give at this hearing is the
truth, the whole truth and nothing but the truth ?"
10. Presentation of the Case
.The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues after a
review of the statement of issues presented by each party.
b. The grievant (employee) shall be permitted to make an opening
statement.
G. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
d. The grievant shall produce his /her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
g. Closing arguments shall be permitted at the discretion of the Human
Resources Commission. The party with the burden of proof, shall
have the right to go first and to close the hearing by making the last
argument. The Commission may place a time limit on closing
arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of written
briefs, the Commission will determine whether to allow the parties to
submit written briefs and determine the number of pages of said
briefs.
11. Procedure for the Parties
The party representing the department and the party representing the
employee will address their remarks, including objections, to the Chair of
the Human Resources Commission. Objections may be ruled upon
summarily or argument may be permitted. The Chair reserves the right to
terminate argument at any time and issue a ruling regarding an objection or
any other matter, and thereafter the representatives shall continue with the
presentation of their case.
6%
ARTICLE XIX (continued)
12. Right to Control Proceedings
While the parties are generally free to present their case in the order that
they prefer, the Chair reserves the right to control the proceedings,
including, but not limited to, altering the order of witnesses, limiting,
redundant or irrelevant testimony, or by the direct questioning of witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written
submission or oral presentation, disparage the intelligence, ethics, morals,
integrity or personal behavior of their adversaries or members of the
Commission.
14. Deliberation Upon the Case
The Commission will consider all oral and documentary evidence, the
credibility of witnesses, and o the r appropria factors in reaching th eir
decision. The Commission may deliberate at the close of the hearing in
closed session or at a later fixed date and time not to exceed ten (10)
working days.
15. Recommended Decision
The Human Resources Commission shall render it's recommendations as
soon after the conclusion of the hearing as possible, and no event, later
than ten (10) working days after concluding the hearing, unless otherwise
stipulated to by the parties. The recommended decision shall include an
explanation of the basis for the decision.
The Human Resources Commission shall not be polled as to their decision
by the grievant or the grievants counsel.
16. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to the City
Manager. The proposed decision shall be provided to the grievant and the
City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human Resources
Administrator within ten (10) days of receipt of the Commission's
recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City Manager
within ten (10) working days of the Commission's decision. If the appealing
party requests a transcript, that party shall pay the cost of the transcript.
53
ARTICLE XIX (continued)
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten (10) days of
receipt of the transcript, the City Manager shall review the decision of the
Commission, any exceptions filed, and a record, if one is requested. The
decision of the City Manager shall be final. The decision shall be transmitted to
the employee and to the Department Head.
54
ARTICLEXX DISCIPLINARY ACTIONS
Section A. SUSPENSION, SALARY REDUCTION, DEMOTION AND DISMISSAL
The appointing powers are vested with the right to discipline or to dismiss permanent
employees as provided by this Section.
A permanent employee holding a position in the classified service shall be subject to
suspension without pay, salary reduction, demotion or dismissed for cause. A permanent
employee in the classified service shall have the right--to- appeal- the - suspension without
pay, demotion, or dismissal to the Human Resources Commission. If the appeal is
timely, filed, a hearing will be scheduled by the Human Resources Commission.
Probationary employees are subject to demotion or dismissal without cause or right to a
hearing.
Section B. NOTIFICATION AND APPEAL PROCEDURE
A permanent employee who is being suspended, reduced in pay, demoted or dismissed
shall receive from the appointing power a written statement of the charge(s) upon which
the discipline is based, the City rule(s), policy or regulation violated, together with any
written evidence and /or witness statements the City is relying upon to support the
statement of charges.
The discipline letter shall be hand delivered, either by personal service or by the City
sending the notice by Registered Mail as provided herein above, the employee shall have
30 calendar days within which to file with the Human Resources Administrator a written
request for an appeal hearing before the Human Resources Commission. The employee
may also elect to file a written answer to the statement of charges at this time. A copy of
the disciplinary letter together with any attachments and the employee's answer shall be
given to the Human Resources Commission.
An evidentiary hearing shall be scheduled by the Human Resources Commission. In any
hearing regarding suspension, demotion or discharge of a permanent employee, the
appointing power has the burden of proof. The strict rules of evidence shall not apply to
disciplinary hearing conducted by the Human Resources Commission. Evidence both oral
and in writing may be submitted by each party. Witnesses shall be sworn and subject to
cross examination.
The employee who is being disciplined shall testify if called as a witness. Upon request,
the employee is entitled to an open or closed hearing.
55
ARTICLEXX (continued)
Section C. SALARY REDUCTION
An employee may be disciplined by
scale applicable to the employee's
the employee is demoted.
reduction in compensation to any step in the salary
current classification or to the classification to which
Section D. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
56
ARTICLEXXI FULL UNDERSTANDING
Section A. This Memorandum of Understanding and attached side - letters contains all the covenants,
stipulations and provisions agreed upon by the parties and any other prior existing
understanding or Agreements by the parties, whether formal or informal, regarding any
such matters are hereby superseded or terminated in their entirety.
It is the intent of the parties that this Agreement be administered in its entirety in good
faith during its full term. The Association recognizes that during such term it may be
necessary for Management to make changes in rules or procedures affecting the
employees in the unit and that the City will meet and confer as required by law, before
implementing changes.
For the life of this Agreement it is agreed and understood that the Association hereto
voluntarily and unqualifiedly waives its rights and agrees that the City shall not be required
to meet and confer with respect to any subject or matter whether referred to or covered in
this agreement or not during the term of this Agreement. The parties may mutually agree
in writing to meet and confer on any subject contained in this Agreement during the life of
this Agreement.
Section B. The parties hereto have caused this Memorandum of Understanding to be executed this
16' day of August. 2007
Arcadia City Employees Association City of Arcadia
Cara Wilhelm
President
William R. Kelly
City Manager
57
2007 NEGOTIATION TEAMS
ACEA Negotiating Team _City of Arcadia Representatives
Shelly Polifka, Steward Michael A. Casalou, Human Resources Administrator
Judy Cook, Steward Maria Aquino, Management Analyst
Mark Rynkiewicz, Steward William W. Floyd, Jr., Attorney
Pam McGinnis, Steward
Janet Mallen, Steward
Toni McKiernan, Steward
Cara Wilhelm, Steward
Dave Twedell, CEA Rep
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DATE: August 21, 2007
TO: Mayor and City Council
STAFF REPORT
Administrative Services Department
FROM: Tracey L. Hause, Administrative Services Director
Prepared by: Michael A. Casalou, Human Resources Administrator
SUBJECT: Resolution No. 6587 establishing compensation and related benefits for
employees represented by the Arcadia Public Works Employees
Association (APWEA) for July 1, 2007 through June 30, 2010
Recommendation: Adopt
SUMMARY
Resolution No. 6587 establishes terms of employment and compensation for City
employees represented by the Arcadia Public Works Employees Association (APWEA).
Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith
concerning wages, benefits and working conditions with the APWEA. Staff is
recommending the City Council adopt Resolution No. 6587, establishing compensation
and benefits as outlined in the Memorandum of Understanding (MOU) effective July 1,
2007 through June 30, 2010.
DISCUSSION
City staff and the labor negotiator representing the City have completed discussions
with the negotiating committee of the APWEA. The resolution presented for adoption
reflects a continuation of past compensation and benefits, as well as new items where
agreements have been reached. Other issues not addressed below shall remain in full
force and effect as set forth in the existing Memorandum of Understanding. The
proposed term of the agreement is July 1, 2007 through June 30, 2010. The conditions
of the agreement were approved by the APWEA on August 15, 2007.
In April 2007, the City conducted a total compensation study that was completed by
Johnson & Associates, LLC. The survey was subsequently revised in June 2007 to
include known increases in salary by labor market cities. As a result of the study, 13
classifications within this bargaining unit received salary schedule increases from 2.5 % to
5 %.
Mayor and City Council
August 21, 2007
Page 2 of 2
i
Effective October 1, 2008 and July 1, 2009, the salary schedule of all employees in this
bargaining group shall be improved by 1% and .75% respectively. The City has also
agreed to implement the 2.5% @ 55 PERS retirement plan effective October 1, 2008
with the employee paying the additional employee portion of the increase costs of 11%.
Other changes in the current MOU include increases in medical contributions over the
next three years, an increase in the amount for tuition reimbursement and life insurance.
Changes to the retiree health program including a premium cap and a limit on the buy
back of hours have also been agreed upon.
As represented in the MOU, the City and APWEA agree to re -open the contract and
meet and confer prior to initiating the next compensation study on or about December 1,
2009.
FISCAL IMPACT
The total cost of this agreement is estimated at $306,245 over the next three years.
Sufficient funds are available in the fiscal year 2007 -08 budget to implement the first
year salary and benefit changes detailed in the resolution.
RECOMMENDATION
Adopt Resolution No. 6587 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for employees represented by the
Arcadia Public Works Employees Association for July 1, 2007 through June 30,
2010.
APPROVED:
William R. Kelly, City Manager
RESOLUTION NO. 6587
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR
EMPLOYEES REPRESENTED BY THE ARCADIA PUBLIC WORKS
EMPLOYEES ASSOCIATION ( "APWEA ") FOR JULY 1, 2007 THROUGH
JUNE 30, 2010
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ( "MOU") by and between the City of Arcadia and the Arcadia Public Works
Employees Association ( "APWEA ") dated effective as of July 1, 2007, a copy of which is
attached hereto. The City Manager is hereby authorized and directed to execute this
Memorandum of Understanding on behalf of the City. The salary and benefits for employees
represented by APWEA shall be those set forth in the Memorandum of Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of August , 2007.
IS/ M ICKEY S C L
Mayor of the City of Arcadia
ATTEST:
�• J
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
_ P. 66;t�
City A
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6587 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21 st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
r
: T
City Clerk of the City of Arcadia
2 6587
CITY OF ARCADIA
AND
ARCADIA PUBLIC WORKS EMPLOYEES
ASSOCIATION
(PUBLIC WORKS EMPLOYEE UNIT)
MEMORANDUM OF UNDERSTANDING
JULY 1 2007 THROUGH JUNE 30 2010
TABLE OF CONTENTS
APwEA 2007 -2010
Page
Preamble
1
Article I
A. Parties and Recognition
2
B. Appropriate Unit
2
C. Mutual Recommendation
2
D. Authorized Agents
3
Article II
A. Term
4
B. Savings Clause
4
Article III
Association Rights
A. Agency Shop Legislative Authority
5
B. Right To Join
7
C. Use of Bulletin Boards
7
D. Payroll Deduction
8
E. Access to Facilities
8
F. Association Stewards
g
G. Reasonable Notice
g
Article IV
Management Rights
10
Article V
Compensation
A. Compensation
11
B. Promotion or Advancement
11
Article VI
Overtime (FSLA) and Workschedules
13
Article VII
Stability Pay /Longevity Pay
A. Stability Pay
14
B. Longevity Pay
14
Article VIII
Tuition /Loan Reimbursement
15
Article IX
Mileage Reimbursement
16
Article X
Health, Dental and Life Insurance
17
Retiree Health Insurance
18
Article XI
Disability Income Insurance
20
Article Xll
Medical Examinations
21
APwEA 2007 -2010
PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for
harmonious relations, cooperation and communication between City Management and
the City employees covered by this Memorandum. As a result of good faith negotiations
between City Management representatives and Association representatives this
Memorandum sets forth the Agreement regarding wages, hours and other terms and
conditions of employment for the employees covered by this Memorandum. This
Memorandum provides for an orderly means of resolving differences which may arise
from time to time during its term.
1
ARTICLE I (continued)
Section D. AUTHORIZED AGENTS
The City's principal authorized agent shall be the City Manager, 240 W.
Huntington Drive, Arcadia, California, 91066 -6021, except where a
particular City representative is specifically designated in connection with
the performance of a specific function or obligation set forth herei n.
The Public Works bargaining unit's authorized representative is Craig
Clark, President of the Arcadia Public Works Employees Association,
11800 Goldring Road, Arcadia, California, 91066 -6021. The duly
authorized staff representative is Robin Nahin, Executive Director of City
Employees Associates, 254 B Lindero Avenue, Long Beach, California,
90803.
3
ARTICLE III (continued)
request to meet with new hires at a time and place mutually agreed upon
between the Department Head and the Association.
Failure to Pav Dues /Fees
All unit employees who choose not to become members of Arcadia Public
Works Employees Association shall be required to pay to Arcadia Public
Works Employees Association a representation service fee that
represents such employee's proportionate share of Arcadia Public Works
Employees Association's cost of legally authorized representation services
on behalf of unit employees in their relations with the City of Arcadia.
Such representation service fee shall in no event exceed the regular,
periodic membership dues paid by unit employees who are members of
Arcadia Public Works Employees Association. Unit employees who attain
such status after the effective date of this Agreement shall be subject to its
terms thirty (30) days after attaining unit status.
Leave Without Pay/Temporary Assignment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out of
the unit shall be excused from paying agency shop fees or charitable
contributions.
Religious Exemption
Any employee who is a member of a religious body whose traditional
tenets or teachings include objections to joining or financially supporting
employee organizations shall not be required to pay an agency fee, but
shall pay by means of mandatory payroll deduction an amount equal to
the agency fee to a non - religious, non -labor charitable organization
exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code. Those fees shall be remitted by the City, at the choice of the
employee, to one of the following non - labor, non- religious charitable
organizations: United. Way or American Red Cross.
To qualify for the religious exemption the employee must provide to
Arcadia Public Works Employees Association, with a copy to the City, a
written statement of objection, along with verifiable evidence of
membership in a religious body as described above. The City will
implement the change in status within thirty (30) days unless notified by
Arcadia Public Works Employees Association that the requested
exemption is not valid. The City shall not be made a party to any dispute
arising relative to the determination of religious exemptions.
Any of the above - described payment obligations shall be processed by the
City in the usual and customary manner and time - frames.
M
ARTICLE III (continued)
b. The Association will not post information which is
defamatory, derogatory or obscene subject to the immediate
removal of the right to post for a period not to exceed 90
days.
Section D. PAYROLL DEDUCTION
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as authorized in writing by
the employee on the City form subject to the following conditions:
1. Such deduction shall be made only upon submission of the City
form to the designated City representative. Said form shall be duly
completed and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed
or discontinued deduction until the pay period commencing fifteen
days or longer after such submission.
Section E. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours.
Nothing herein shall be construed to prevent a Association representative
or an employee from contacting the Human Resources Administrator or
other management representatives regarding personnel related matters
during work hours.
The authorized Association Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Association representative shall:
1. Contact the Human Resources Administrator or his /her designee,
to state the purpose of his /her visit and which location he /she will
be visiting; and
2. The Human Resources Administrator or designee determines that
such visit shall not interfere with the operations of the department.
In the event the requested time and /or location of such visit by the
Association Business Agent is denied because it would interfere with the
operations of the department, the Human Resources Administrator or
his /her designee shall set an alternative time and/or location for such visit
within 72 hours.
M
ARTICLE IV MANAGEMENT RIGHTS
Section A. Except as limited by the specific and express terms of this Agreement, the
City hereby retains and reserves unto itself all rights, powers, authority,
duty and responsibilities confirmed on and vested in it by the laws and the
Constitution of the State of California, the Charter of the City of Arcadia
and /or the laws and Constitution of the United States of America.
The management and the direction of the work force of the City is vested
exclusively in the City, and nothing in this Agreement is intended to
circumscribe or modify the existing rights of the City to direct the work of
its employees; hire, promote, demote, transfer, assign and retain
employees in positions within the City, subject to the Personnel Rules and
Regulations of the City; suspend or discharge employees for proper
cause; maintain the efficiency of governmental operations; relieve
employees from duties for lack of work or other good reason; take action
as may be necessary to carry out the City's mission and services in
emergencies; and to determine the methods, means and personnel by
which the operations are to be carried out.
10
ARTICLE V (continued)
Section D. During the term of this Agreement, individuals will advance in their rates of
compensation two steps (approximately 5.0 %) on their anniversary dates
upon receiving satisfactory evaluations until the top step in the range is
reached.
12
ARTICLE VII STABILITY PAY /LONGEVITY PAY
Section A. STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of
employment by recognizing years of service with compensation. The plan
pays $25 per year for each year of consecutive service up to a maximum
of twenty (20) years of service. An employee is not eligible to receive
stability pay until they have completed five (5) years of consecutive
service. The following is the schedule of how stability pay is calculated:
Completed Years
Completed Years
of Service
Amount
of Service
Amount
11
$275
16
$400
12
$300
17
$425
13
$325
18
$450
14
$350
19
$475
15
$375
20
$500
Cash stability payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1.
Stability payments will be paid on a pro -rata basis to employees that retire
or are laid off prior to December 1, provided they meet all eligibility
requirements.
Stability pay will only be applicable to employees who were hired prior to
January 1, 1984.
Section B. LONGEVITY PAY
Effective December 1, 2006, a Longevity Pay benefit will be implemented
based on the following formula:
Completed Years of Service Amount Per Year
5 — 9 Years $1,000
10 — 14 Years $1,500
15 Years and beyond $2,000
Cash longevity payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1. There
is no pro- ration of this benefit. The foregoing amounts shall be subject to
applicable payroll deductions.
14
ARTICLE IX MILEAGE REIMBURSEMENT
Section A. Mileage is reimbursed for travel in an employee's personal vehicle in
connection with City business. Prior approval must be obtained from the
immediate supervisor or Department Head. If travel is required frequently
during a month, reimbursement will be made once a month. Completed
mileage forms shall be submitted to the Department Head consistent with
the administrative policy.
Any employee authorized to use a personal vehicle must maintain an
insurance policy meeting the standards established by the City Manager.
16
ARTICLE X (continued)
$822.80 per month per eligible employee. The employee may
receive this amount in cash or may elect to use coverage for
him /herself or his /her dependents for City- approved benefits
options, including but not limited to, dental insurance, supplemental
life insurance, optional long term disability insurance or deferred
compensation plan. Any monies received in cash will be considered
as taxable income but are not considered base salary for purposes
of overtime calculation.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective
plans or carriers.
Dependent enrollment will require proof of eligibility for dependent
status such as a marriage, birth and adoption certificate.
The employee need not enroll in a medical plan to be eligible for
optional benefits allowance provided that the employee annually
sign a waiver and refusal of coverage during open enrollment.
4. The City shall provide each employee with life insurance in the
amount of $25,000.00.
5. The City shall provide each employee with a vision plan, with the
City paying the premium in fiscal years 2007/08, 2008/09 and
2009/10. This vision plan will be Vision Service Plan, Option B.
The City will pay the premium up to the cost of the family plan.
Section C. RETIREE HEALTH INSURANCE
For employees retiring from the City on or after July 1, 2007, the City
agrees to pay the employee and spouse health insurance monthly
premium at an amount not to exceed the PERS Choice premium for
eligible City retirees from the classifications represented by this
Agreement. Payment shall cease for the retiree upon eligibility for
Medicare coverage, and payment shall cease for the spouse upon
eligibility for Medicare coverage, or after 15 years, whichever occurs first.
If the retired employee and /or spouse have other group medical coverage
available to him /her, then this other group insurance shall be primary and
the City's health insurance plan shall function as secondary co- insurance.
An eligible retiree is an employee who retires on a service, disability, or
industrial disability retirement and has 1000 hours of accumulated sick
leave at the date of retirement. An employee who has fewer than one
thousand (1000) hours of accumulated sick leave at the date of retirement
W.,
ARTICLE XI DISABILITY INCOME INSURANCE
Section A. The City shall provide disability income insurance up to a maximum total
monthly payment of $12.81 per full -time employee, covered by this
agreement during the life of the Agreement.
20
ARTICLE Xlll UNIFORMS
Section A. The City shall provide each employee with seven (7) sets of uniforms
consisting of shirts and trousers.
Section B. The City shall provide one medium weight uniform jacket for each
uniformed employee.
Section C. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost
deducted form the employee's final check.
22
ARTICLE XIV (continued)
Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid)
Any employee who is a member of the reserve corps of the armed forces
of the United States or of the National Guard or the Navy Militia shall be
entitled to a temporary military leave of absence as provided by applicable
California State Law.
To be eligible for paid leave for 30 calendar days of active military training,
an employee must have been employed by the City for a period of not less
than one year immediately prior to the day on which the leave of absence
begins. If the employee has not been employed for a period of one (1)
year, the leave shall be granted without pay. Pay shall not exceed 30
calendar days in any one (1) fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick
leave, seniority and /or holiday in the same manner as the employee would
have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in
writing with a copy of his /her military orders to his/her immediate
supervisor for processing.
This leave does not apply to employees who are drafted or receive orders
to military duty for periods longer than 180 calendar days. Employee's
right to return to vacant positions after an absence that exceed 180 days
shall be governed by the applicable federal and state law.
Section D. VACATION LEAVE
1. Every full -time employee represented by this agreement, with the
exception of temporary appointments shall accumulate vacation
with pay beginning with the first full pay period of employment at
the rate of 3.07 hours per pay period during the first five years of
continuous full -time employment with the City; at the rate of 4.61
hours per pay period between the employee's fifth and tenth
anniversary date of continuous full -time employment; at the rate of
5.22 hours per pay period between the .employee's tenth and
fifteenth anniversary date of continuous full -time employment, and
at the rate of 6.15 hours per pay period after fifteen years of
continuous full -time employment with the City. Accumulated
vacation shall be granted at the discretion of the appointing power.
2. Vacation may not be accumulated beyond the amount
accumulable for a sixty -five (65) pay period basis. Once an
employee has accumulated this amount, no more vacation will be
accrued by the
24
ARTICLE X/V (continued)
3. Except as provided hereinafter, sick leave means authorized
absence from duty of an employee who is temporarily disabled and
unable to work due to a non -work related medical condition or due
to a scheduled medical or dental appointment during regular
working hours for a non -work related medical condition. Every
effort shall be made to schedule appointments during non - working
hours.
Employees that are injured on duty, and the injury is recognized as
such by the City or the WCAB, and not eligible to receive salary to
supplement workers' compensation temporary disability benefits
under Section F of this Article, may request that accrued sick leave
be paid to supplement workers' compensation disability payments.
4. Sick leave may be used by an employee when their attendance
upon a member of the employee's family dependent who is
seriously ill and requiring the attendance of such employee. Sick
leave may also be used when the employee's family dependent
requires the employee's presence at the dependent's medical or
dental appointment during regular working hours. Every effort shall
be made to schedule appointments during non - working hours.
Family dependents shall include only dependents currently residing
in the employee's household, or the employee's minor children.
5. The appointing power and City Manager may require evidence of
the reason for any employee's absence caused by illness or death
in the immediate family of the employee during the time for which
sick leave is requested.
6. In order to be eligible for sick leave, an employee must provide at
least fifteen (15) minutes advance notice of an absence. Failure to
do so without good cause may result in denial of sick leave and
disciplinary action.
7. In case of absence due to illness, the employee shall notify his /her
department in accordance with departmental rules and explain the
nature of the illness. The appointing power and City Manager may
deny or revoke sick leave if the illness or injury for which it is taken
is caused or substantially aggravated by compensated outside
employment.
Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury is so recognized by the Workers' Compensation Act by
the City of Arcadia or the Workers' Compensation Appeals Board, such
26
ARTICLE XIV (continued)
holiday to be scheduled by the employee in the same manner as
vacation days are scheduled. Floating holidays do not carry over
from calendar year to calendar year. Failure to timely schedule the
day off shall result in its loss.
If the City adopts Dr. Martin Luther King's birthday as a city -wide
holiday, this floating holiday shall cease and the unit members shall
receive the city -wide holiday.
If a holiday falls on a Friday that City operations are closed, under
the 9/80 work schedule, each employee will receive eight (8) hours
of floating holiday time. Floating holiday time is not accruable and
not payable if unused. The floating holiday must be used by the
end of the fiscal year in which it is granted or it shall be forfeited.
Each employee in a classification represented by this MOU shall be
allowed eight (8) hours floating holiday for his /her birthday to be
scheduled by the employee in the same manner as vacation days
are scheduled. Floating holidays do not carry over from calendar
year to calendar year. Failure to schedule the day off within the
calendar year shall result in its loss.
Section H. COURT WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of
the appointing power and City Manager, the employee may be granted
leave with pay during the required absence. The employee shall remit to
the City fees received except mileage.
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
Section I. BEREAVEMENT LEAVE
At the time of death, or where death appears imminent in the immediate
family, an employee may be granted a leave of absence with pay, upon
approval of the appointing power and the City Manager. Immediate family
is defined as the spouse, the employee or employee's spouse's mother or
stepmother, father or stepfather, brother or sister or step sibling, child or
stepchild, grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave shall be
granted based on employee's current work shift up to a maximum of three
(3) shifts.
C
ARTICLE XV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -
test period during which the employee's performance and conduct on the
job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position
shall be on probation for twelve (12) months before attaining permanent
status.
Section C. Eligible candidates appointed from a promotional list shall be on probation
for six (6) months before attaining permanent status.
30
ARTICLE XVII LAYOFFS
Section A. LAYOFF PROCEDURE
The City Manager or appointing power may lay off an employee in the
Classified Service because of a material change in duties or organization,
inclement weather, adverse working conditions, shortage of work or funds
or return of employees from authorized leave of absence.
The order of layoff shall be temporary, probationary, and then regular
employees and shall be: 1) based on performance and 2) in the reverse of
total cumulative time served in the same class or promotional field upon
the date established for the layoff to become effective.
Regular full -time employees who receive notice of layoff may, in lieu of
layoff, voluntarily demote to the next lower classification that the employee
previously held within the unit, provided such employee's seniority in the
department is greater than an employee holding the lower position.
Section B. RE- EMPLOYMENT LIST
The names of employees shall be placed upon re- employment lists in the
reverse order of the layoff. Re- employment lists shall remain effective for
two (2) years from the effective date of separation from service.
Section C. SEVERANCE PAY
A full -time employee whose position is abolished or vacated by a
reduction in work load or lack of funds, and has at least one (1) year of
consecutive full time service with the City shall receive, upon termination,
severance pay. Severance pay shall be a lump sum payment equal to
1 /5 of their previous months' salary times the number of years of
consecutive service, not exceeding five (5) years of service.
32
ARTICLE XIX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or City and/or
Department Personnel Rules and Regulations where there is no
other specific method of review provided by City law.
2. Grievant
An employee or group of employees in the classified service
adversely affected by an act or omission by the City allegedly in
violation of an express provision of the Memorandum of
Understanding or City and/or Department Personnel Rules and
Regulations.
3. Department Head
The Department Head or designee.
4. Work day
A work day is any day the City offices are regularly open for
business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions. Allegations involving
wages, hours and working conditions may thus be grieved
only if the grievance involves a misapplication or
misinterpretation of an express provision of the MOU or a
City /Department Personnel Rules and Regulations.
b. The procedure is not intended to be used to challenge the
content of employee evaluations or performance reviews.
Allegations that the City has failed to comply with an
evaluation procedure set forth in a specific provision of the
MOU and/or City /Department Personnel Rules and
Regulations are grievable.
C. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or
denial of a step or merit increase. Notwithstanding the
34
ARTICLEX/X (continued)
Section E. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion
with his /her immediate supervisor, within ten (10) working days
after the informal discussion with the immediate supervisor, the
employee shall present the grievance in writing to the next level
supervisor on the official City grievance form setting forth the
following information:
a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged
violation.
C. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the
grievance.
e. The resolution of the grievance at the informal stage.
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently
with presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the
grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next
level supervisor's decision or twenty (20) days from the date the
next level supervisor received the grievance but failed to issue a
decision, the employee shall present the grievance in writing, on
the grievance form, to the Department Head.
The Department Head may require the employee and the
immediate supervisor to attend a grievance meeting. The
Department Head shall communicate a decision in writing within ten
(10) working days of receiving the grievance or within ten (10)
working days of holding a grievance meeting whichever is longer.
SR:
ARTICLE XIX (continued)
3. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current City employees. It will be the responsibility
of the employee or the City to serve subpoenas on individuals who
are not currently employed by the City. It will be the responsibility
of the employee and the City to submit the written request for
subpoenas at least ten (10) working days before the date of the
hearing.
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each
party shall serve upon the other party and submit to the Human
Resources Division of the Administrative Services Department a list
of all witnesses and a list and copy of all exhibits. An original and
nine (9) copies of the exhibits shall be presented to the Human
Resources Division of the Administrative Services Department in 3
hole notebooks which are tabbed down the side with the exhibit
numbers. The employer's exhibits shall be designated by number.
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
C. Statement of Issues
Five (5) working days prior to the date set for the hearing, each
party shall submit to the Human Resources Division of the
Administrative Services Department a Statement of Issues.
Mj
ARTICLE XIX (continued)
Decisions made by the Commission shall not be invalidated
by any informality in the proceedings.
g. During examination of a witness, all other witnesses, except
the parties, shall be excluded from the hearing upon motion
of either party.
h. The Human Resources Commission may conduct the
hearing or delegate evidentiary and/or procedural rulings to
its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is
not ready and wishes a continuance, good cause must be stated.
Any request for a continuance must be made in writing and
submitted prior to the hearing to all parties. Before requesting a
continuance, the moving party shall contact all parties to determine
if there is any opposition to the continuance and shall state in its
request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering
testimony at the hearing. The chairperson will request the
witnesses to raise their right hand and respond to the following:
"Do you swear that the testimony you are about to give at this
hearing is the truth, the whole truth and nothing but the truth ?"
10. Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues
after a review of the statement of issues presented by each
party.
b. The grievant (employee) shall be permitted to make an
opening statement.
M
ARTICLE XIX (continued)
14. Deliberation Upon the Case
The Commission will consider all oral and documentary evidence,
the credibility of witnesses, and other appropriate factors in
reaching their decision. The Commission may deliberate at the
close of the hearing in closed session or at a later fixed date and
time not to exceed ten (10) working days.
15. Recommended Decision
The Human Resources Commission shall render it's
recommendations as soon after the conclusion of the hearing as
possible, and no event, later than ten (10) working days after
concluding the hearing, unless otherwise stipulated to by the
parties. The recommended decision shall include an explanation of
the basis for the decision.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievants counsel.
16. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to
the City Manager. The proposed decision shall be provided to the
grievant and the City Manager.
Either the employee or the department may file a written appeal to
the proposed decision, by filing exceptions thereto with the Human
Resources Administrator within ten (10) days of receipt of the
Commission's recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City
Manager within ten (10) working days of the Commission's
decision. If the appealing party requests a transcript, that party
shall pay the cost of the transcript.
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten
(10) days of receipt of the transcript, the City Manager shall review
the decision of the Commission, any exceptions filed, and a record,
if one is requested. The decision of the City Manager shall be final.
The decision shall be transmitted to the employee and to the
Department Head.
42
ARTICLE XXI FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants,
stipulations and provisions agreed upon by the parties and any other prior
existing understanding or agreements by the parties, whether formal or
informal, regarding any such matters are hereby superseded or terminated
in their entirety.
It is the intent of the parties that this Agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit and that the City
will meet and confer as required by law, before implementing changes.
For the life of this Agreement it is agreed and understood that the
Association hereto voluntarily and unqualifiedly waives its rights and
agrees that the City shall not be required to meet and confer with respect
to any subject or matter whether referred to or covered in this Agreement
or not during the term of this Agreement. However, the specific provisions
of this contract may not be reopened during the term of this contract
without the consent of the City and the Association.
Section K. The parties hereto have caused this Memorandum of Understanding to be
executed this 16th day of August, 2007
ARCADIA PUBLIC WORKS CITY OF ARCADIA
EMPLOYEES ASSOCIATION
Craig CI
President
William R. Kelly
City Manager
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STAFF REPORT
Administrative Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Tracey L. Hause, Administrative Services Director
Prepared by: Michael A. Casalou, Human Resources Administrator
SUBJECT: Resolution No. 6588 establishing compensation and related benefits for
employees represented by the Arcadia Firefighters' Association (AFFA) for
July 1, 2005 through June 30, 2007
Recommendation: Adopt
SUMMARY
Resolution No. 6588 establishes terms of employment and compensation for City
employees represented by the Arcadia Firefighters' Association (AFFA). Pursuant to
the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning
wages, benefits and working conditions with the AFFA. Staff is recommending the City
Council adopt Resolution No. 6588, establishing compensation and benefits as outlined
in the Memorandum of Understanding (MOU) effective July 1, 2005 through June 30,
2007.
DISCUSSION
City staff and the labor negotiator representing the City have completed discussions
with the negotiating committee of the AFFA. The resolution presented for adoption
reflects a continuation of past compensation and benefits, as well as new items where
agreements have been reached. Other issues not addressed below shall remain in full
force and effect as set forth in the existing Memorandum of Understanding. The
proposed term of the agreement is July 1, 2007 through June 30, 2010. The conditions
of the agreement were approved by the AFFA on August 16, 2007.
In April 2007, the City conducted a total compensation study that was completed by
Johnson & Associates, LLC. The survey was subsequently revised in June 2007 to
include known increases in salary by labor market cities. As a result of the study, all four
classifications within this bargaining unit received salary schedule increases of 10 %.
Mayor and City Council
August 21, 2007
Page 2 of 2
Effective July 1, 2008 and July 1, 2009, the salary schedule of all employees in this
bargaining group shall be improved by 2% and 2.5% respectively. Other changes in
the current MOU include increases in medical contributions over the next three years,
an increase in the amount for tuition reimbursement and life insurance. Changes to the
retiree health program including a premium cap and a limit on the buy back of hours
have also been agreed upon. Special assignment pays have been instituted and an
increase in uniform allowance has been agreed upon.
As represented in the MOU, the City and AFFA agree to re -open the contract on the
48/96 work schedule if 50% of the Area C cities adopt this schedule. In addition, the
City has agreed to implement a wellness program and several operational issues were
agreed upon as well.
FISCAL IMPACT
The total cost of this agreement is estimated at $909,808 over the next three years.
Sufficient funds are available in the fiscal year 2007 -08 budget to implement the first
year salary and benefit changes detailed in the resolution.
RECOMMENDATION
Adopt Resolution No. 6588 of the City Council of the City of Arcadia, California
establishing compensation and related benefits for employees represented by the
Arcadia Firefighters' Association for July 1, 2007 through June 30, 2010.
APPROVED
William R. Kelly, City Manager
RESOLUTION NO. 6588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR
EMPLOYEES REPRESENTED BY THE ARCADIA FIREFIGHTERS'
ASSOCIATION ( "AFFA ") FOR JULY 1, 2007 THROUGH JUNE 30, 2010
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ( "MOU ") by and between the City of Arcadia and the Arcadia Firefighters'
Association ( "AFFA ") dated effective as of July 1, 2007, a copy of which is attached hereto.
The City Manager is hereby authorized and directed to execute this Memorandum of
Understanding on behalf of the City. The salary and benefits for employees represented by
AFFA shall be those set forth in the Memorandum of Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of August 2007.
Mayor of the City of Arcadia
ATTEST:
rf �
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
LJ- IGiti -ti�
City Attomcy
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6588 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21 st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
2 6588
CITY OF ARCADIA
.ml
ARCADIA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 2007 - JUNE 30, 2010
TABLE OF CONTENTS
Preamble
Article I
Page
A. Parties and Recognition 1
B. Appropriate Unit 1
C. Mutual Recommendation 1
Article II A. Term 2
B. Maintenance of Benefits 2
C. Savings Clause 2
D. State and Federal Laws 2
Article III Association Rights 3
A. Right To Join 3
B. Use of Bulletin Boards 3
C. Payroll Deduction 3
D. Access to Facilities 3
E. Reasonable Notice 4
Article IV Management Rights 5
Article V Compensation
A. Compensation 6
B. Promotion or Advancement 6
C. Educational Incentives Compensation 7
D. Step Increase Percentages 7
E. Fire Prevention Bureau Assignment 8
F. Captain II Compensation 8
G. Administrative Captain Compensation 8
H. Urban Search and Rescue Compensation 9
I. Out of Rank Paramedic Compensation 9
J. Special Assignment Compensation 9
K. Movie Detail 9
Article VI Overtime
A. Requirement 10
B. Fair Labor Standards Act 10
C. Minimum Credit and Emergency Recall 10
D. Shift Exchanges 10
E. Shift Schedule 11
Article VII Stability Pay /Longevity Pay
A. Stability Pay 12
B. Longevity Pay 12
Article VIII Retirement 13
AFFA 2007 -2010
TABLE OF CONTENTS
Article IX
Health, Dental and Life Insurance
A. Health, Dental and Life Insurance
14
B. Retiree Health Insurance
15
Article X
Disability Income Insurance
18
Article XI
Uniforms
19
Article XII
Tuition Loan /Reimbursement
20
Article XIII
Leaves
21
A. Provide For
21
B. Power to Grant
21
C. Military Leave
22
D. Vacation Leave
23
E. Sick Leave
24
F. Bereavement Leave
25
G. Workers' Compensation
26
H. Holidays
26
I. Jury Leave
26
J. Witness Leave
27
K. Unauthorized Absence
27
L. Union Leave
27
Article XIV
Probationary Period
28
Article XV
EMT -1 Certification
29
Article XVI
No Smoking Policy
30
Article XVII
Response Time
31
Article XVIII
Staffing
32
Article XIX
Wellness Program
33
Article XX
Employee Grievances
34
A. Definitions
34
B. Timeliness
35
C. Employee Representation
35
D. Informal Grievance Procedure
35
E. Formal Grievance Procedure
35
F. Appeal to Human Resources Commission
37
Article XXI
Full Understanding
43
AFFA 2007 -2010
ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City" and representatives of the Arcadia Firefighters'
Association, a formally recognized employee organization, hereinafter
referred to as the "Association ", pursuant to the provisions of the Meyers -
Miiias -Brown Act (Government Code Sections 3500 et.seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Firefighter
Firefighter Paramedic
Fire Engineer
Fire Captain
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the Association members for
ratification, and to the City Council for adoption.
ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be effective for the period
beginning July 1, 2007 and ending June 30, 2010.
Section B. MAINTENANCE OF BENEFITS
For the term of this MOU, all currently effective provisions of the City
Council, including ordinances, resolutions, mini - resolutions and budgets
relating to any mandatory item of the meet and confer process shall
remain in effect as currently administered except as modified by this
Agreement.
Section C. SAVINGS CLAUSE
If any provision or the application of any provision of this Agreement as
implemented should be rendered or declared invalid by any final court
action or decree or by reasons of any preemptive legislation, such
provision shall be deemed stricken from the Agreement, and any right,
benefit or obligation conferred by that provision shall be discontinued. The
remaining Sections of this Agreement shall remain in full force and effect
for the duration of said Agreement.
Section D. STATE AND FEDERAL LAWS
The City and Association agree to abide by all State and Federal laws
relating to employer - employee relations and employee benefits, and
perceived infractions shall not be a grievous offense, but must be pursued
through proper legal channels.
E
ARTICLE 111 ASSOCIATION RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin boards
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and
the identification of the organization; and
2. The Association will not post information which is defamatory,
derogatory or obscene subject to the immediate removal of the right
to post for a period not to exceed 90 days.
Section C. PAYROLL DEDUCTION
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as voluntarily authorized in
writing by the employee on the City form subject to the following
conditions:
1. Such deduction shall be made only upon submission of the City
form to the designated City representative. Said form shall be duly
completed and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed
or discontinued deduction until the pay period commencing fifteen
(15) days or longer after such submission.
Section D. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours whenever possible.
Nothing herein shall be construed to prevent an Association
representative or an employee from contacting the Human Resources
Administrator or other management representatives regarding personnel
related matters during work hours.
3
ARTICLE III (continued)
The authorized representative shall be given access to work locations
during working hours provided that prior to visiting any work location the
Association representative shall:
3. Contact the Human Resources Administrator, the Fire Chief or
his /her designee, to state the purpose of his /her visiting; and
4. The Human Resources Administrator, the Fire Chief or his
designee determines that such visit shall not interfere with the
operations of the department.
Section E. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States
Postal Service) of the City Council and /or Human Resources Commission
agenda for each meeting mailed to three authorized representatives of the
Association shall constitute reasonable written notice of any opportunity to
meet with such agencies, on all matters within the scope of representation
upon which the City Council or Human Resources Commission may act.
The Association shall provide the Human Resources Administrator with
the names and addresses of the three (3) authorized representatives
within five (5) days of the effective date of this agreement. Changes of
authorized representatives shall be in writing and may be submitted on an
as needed basis.
0
ARTICLE /V MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Agreement, the
City hereby retains and reserves unto itself all rights, powers, authority,
duty and responsibilities confirmed on and vested in it by the laws and the
constitution of the State of California, the Charter of the City of Arcadia
and /or the laws and Constitution of the United States of America.
The management and the direction of the work force of the City is vested
exclusively in the City, and nothing in this Agreement is intended to
circumscribe or modify the existing rights of the City to direct the work of
its employees; hire, promote, demote, transfer, assign, staff and retain
employees in positions within the City, subject to the Personnel Rules and
Regulations of the City; suspend or discharge employees for proper
cause; maintain the efficiency of governmental operations; relieve
employees from duties for lack of work or other good reason; take action
as may be necessary to carry out the City's mission and services in
emergencies; and to determine the methods, means and personnel by
which the operations are to be carried out.
5
ARTICLE V COMPENSATION
Section A. The City's Labor Market Salary Survey was completed April 2007and
revised June 2007. The Survey utilized a labor market for the City, which
included fire service salary data for the County of Los Angeles, and the
cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park,
Pasadena, Redondo Beach & West Covina. As a result of the Survey,
effective June 24, 2007, the salary schedule for the classifications of
Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be
improved by 10 %. The salary schedule (Appendix A) would be amended
to reflect these changes. Employees shall be placed a maximum of 5%
higher on their new range effective July 1, 2007 and will be receive an
additional 5% July 1, 2008, provided, however, an employee's salary shall
not exceed the top step of their salary range.
Effective July 1, 2008 and July 1, 2009 the City will increase salaries for all
members 2% and 2.5% respectively.
In the event one or more of the above listed cities discontinues operating a
City fire department, the following cities, in this order, shall be used to
replace any such city: 1) Culver City and 2) Manhattan Beach.
The classifications Firefighter and Fire Captain are benchmark classes
within the survey.
In the event the City conducts another compensation study in the future,
the City agrees to include EMT Bonus Pay of the surveyed cities as a
component of base pay.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
When an employee is promoted, the pay shall advance to the
lowest step in such higher range that will provide not less than
approximately a 5.0% increase in compensation unless the top step
in such range provides less than that amount. The 5.0% shall be
measured by the salary from which the employee is promoted.
2. When an employee is promoted to a higher classification, the date
of promotion shall be used in determining the date of future step
increases.
3. Any salary increases members are due from promotions or new
hires shall continue to be received in accordance with the AFFA
Memorandum of Understanding and City Rules and Regulations.
These increases shall take place on their hire date or their
appointment/promotion date.
ARTICLE V (continued)
Section C. EDUCATIONAL INCENTIVE COMPENSATION
1. Qualified employees who possess an Associate of Arts degree,
shall receive an additional 2.5% as their regular salary. Employees
who possess a Bachelor of Arts or Science degree shall receive an
additional 5% as their regular salary.
2. Employees shall qualify for the Education Incentive Compensation
increases when they have been awarded a degree in a field closely
related to their job duties. Typical fields of specialization include
Fire Science, Fire Administration, Management, Business
Administration, Psychology, Sociology, Nursing, Allied Health,
Emergency Medical Services, and Public Administration. Other
areas of specialization will be considered when they are of direct
benefit to the City with the approval of the Fire Chief and Human
Resources Administrator.
3. An employee who does not possess a degree, but has 60 or more
college units acceptable to a college or university which is
accredited by the California Department of Education towards a
Baccalaureate degree and has completed a minimum of 20 units in
fire related courses acceptable to an accredited California Junior
College towards an Associate of Arts Degree in Fire Science, Fire
Administration, Emergency Medical Services or related degree
shall receive an additional 2.5% as their regular salary.
4. Degrees shall be granted by colleges and universities which are
fully accredited in the state of California.
5. Members who qualify for any step advancement based on
education shall provide to the Fire Chief a copy of their transcript
which demonstrates that qualified units were achieved or the
notation of the degree received. The copy of the transcript will
become part of the individual's personnel file.
Section D. STEP INCREASE PERCENTAGES
The parties acknowledge that the percentages between steps shall be as
close to 2.5% as the payroll computer's capability allows.
7
ARTICLE V (continued)
Section E. FIRE PREVENTION BUREAU ASSIGNMENT
6. Fire suppression personnel assigned to the Fire Prevention Bureau
shall receive $69.23 per pay period in addition to their base salary.
Thereafter, the Fire Chief shall set the stipends for this assignment
on an annual basis no less than the current MOU provision.
7. During the term of this Agreement, non -shift (40 hour work week)
Firefighter personnel assigned to the Fire Prevention Bureau as a
Deputy Fire Marshal shall be paid at the same salary range as Fire
Captain.
8. In accordance with the provisions of the Fair Labor Standards Act,
this additional compensation shall be added to base pay for the
computation of overtime for the positions mentioned above.
9. Employees assigned to the Fire Prevention Bureau on a modified
work basis (temporary or permanent assignment) due to either an
on- the -job or off- the -job illness or injury shall not receive the
additional assignment pay. Employees regularly assigned to the
Fire Prevention Bureau, who are injured (illness) and thereafter
return to the assignment on a modified work basis, shall not lose
their assignment pay.
Section F. CAPTAIN II COMPENSATION
Except as provided hereinafter, during the term of this Agreement a Fire
Captain assigned by the Fire Chief to be in command of a Truck Company
shall be appointed to Fire Captain II. A Fire Captain assigned by the Fire
Chief to serve as Fire Captain II shall receive 5% in addition to his /her
base salary during the period of the assignment as Captain Il.
Section G. ADMINISTRATIVE CAPTAIN COMPENSATION
During the term of this Agreement a Fire Captain with a Bachelors
Degree, assigned by the Fire Chief to be an Administrative Captain shall
receive $260 per pay period in addition to his/her base salary during the
period of the assignment as the Administrative Captain.
During the term of this Agreement a Fire Captain with an Associate
Degree or equivalent, assigned by the Fire Chief to be an Administrative
Captain shall receive $255 per pay period in addition to his /her base
salary during the period of the assignment as the Administrative Captain.
M
ARTICLE V (continued)
Section H. URBAN SEARCH AND RESCUE COMPENSATION
During the term of this Agreement, any represented employee who meets
the State Office of Emergency Services minimum training standards for
Type I Urban Search and Rescue shall receive $50 per pay period in
addition to their base salary.
Section I. OUT OF RANK PARAMEDIC COMPENSATION
During the term of this Agreement, a represented employee who is not
assigned as a Firefighter /Paramedic and maintains their Paramedic
Certification shall receive $50 per pay period in addition to their base
salary.
Section J. SPECIAL ASSIGNMENT COMPENSATION
Effective July 1, 2008, a maximum of 10 members represented by this
Agreement who perform special assignments as identified by the Fire
Chief shall receive $25 per pay period.
These positions shall include the following: Maintenance Coordinator,
Communications Coordinator, Paramedic Coordinator, SCBA Coordinator,
(3) Shift Arson Investigator, (3) Background Investigator. No employee
shall be compensated for performing more than one of these positions.
Section K. MOVIE DETAIL
Effective July 1, 2007, employees represented by this Agreement shall
receive $43.34 per hour, with a six (6) hour minimum at time and one half
for all movie detail worked. In the event of a Movie Detail Cancellation,
Arcadia Fire Departmental Policy number 110.1, "Movie Detail
Cancellations" will be followed.
ARTICLE VI OVERTIME
Section A. The Fire Chief may require employees in the Fire Department to work at
any time other than during regular working hours until such work is
accomplished.
Section B. FAIR LABOR STANDARDS ACT
For periods of time that the Fair Labor Standards Act applies to
employees in classifications covered by this Agreement, any such
employee who is required to work in excess of the standard hours
established by the Act (currently 204 hours in a 27 day period) shall be
compensated at the rate of time and one -half the employee's regular rate
of pay, provided the employee is not otherwise exempt. Computation of
overtime and payment for overtime shall comply with the Department of
Labor regulations.
Except as provided hereinafter, for purposes of overtime calculation, all
paid leaves of absence shall be regarded as hours worked, except sick
leave. Sick leave will be regarded as hours worked for any member of this
unit with 25 years of service or more with the City of Arcadia. No overtime
credit shall be allowed for any period less than one - quarter hour.
Section C. MINIMUM CREDIT AND EMERGENCY RECALL
No overtime credit shall be allowed for any period less than one - quarter
hour, provided that an employee who is recalled to work after completing a
day's work, including any overtime, shall receive a minimum credit of one
hour at time and one -half at his hourly rate. Emergency Recall for sworn
classifications shall receive a minimum credit of two (2) hours overtime at
the employee's hourly rate. This also includes members who have
reported for duty under normal hiring procedures.
Section D. SHIFT EXCHANGES
Unit members may voluntarily trade shifts among themselves. While the
employees' supervisors must approve the shift trade in writing, no
supervisor will require, reward or otherwise compel employees to trade
shifts. An employee may refuse to participate in any shift trade without
explanation. Supervisors establish the employees' schedules to meet the
needs of the Department and therefore, shift trading is exclusively for the
employees' convenience.
A shift trade under this article results in one (1) employee working the shift
of another employee or a portion thereof. Both employees will be paid
their regular wages for the work -week in which the shift occurred. The
employee working the extra shift will receive no overtime compensation for
10
ARTICLE VI (continued)
doing so. The employee whose shift was worked by another employee
will not forfeit any compensation as a result of the trade.
Section E. SHIFT SCHEDULE
The City agrees to re -open this Agreement to discuss the potential
implementation of the 48/96 work schedule if 50% of professional Area C
Fire Departments move to the 48/96 schedule. This provision should not
be construed in any way, whatsoever, to require the City to implement the
48/96 work schedule.
11
ARTICLE VII STABILITY PAY /LONGEVITY PAY
Section A. STABILITY PAY
The plan pays $25 per year for each year of consecutive service up to a
maximum of twenty (20) years of service. An employee is not eligible to
receive stability pay until they have completed five (5) years of
consecutive service. The following is the schedule of how stability pay is
calculated:
Completed Years
Completed Years
of Service
Amount
of Service
Amount
11
$275
16
$400
12
$300
17
$425
13
$325
18
$450
14
$350
19
$475
15
$375
20
$500
Cash stability payments are made once a year between December 1, and
December 10, only to employees on the payroll as of December 1.
Stability payments will be paid on a pro -rata basis to employees that retire
or are laid off prior to December 1, provided they meet all eligibility
requirements.
Stability pay is applicable only to employees who were hired prior to July
1, 1983.
Section B. LONGEVITY PAY
Effective December 1, 2006, a Longevity Pay benefit will be implemented
based on the following formula:
Completed Years of Service Amount Per Year
5 — 9 Years $1,000
10 — 14 Years $1,500
15 Years and beyond $2,000
Cash longevity payments are made once a year between December 1 and
December 10 only to employees on the payroll as of December 1. There
is no pro- ration of this benefit. The foregoing amounts shall be subject to
applicable payroll deductions.
12
ARTICLE Vlll RETIREMENT
Section A. The City contracts with the State of California Public Employees
Retirement System (PERS) for the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer, and Fire Captain. The plan shall include the
following options:
1. 3% at age 50 retirement formula.
2. Single highest year final compensation.
3. Post Retirement Survivor Continuance,
4. Credit for Unused Sick Leave (Sec.20862.8).
5. 1959 Survivors Benefit for which each employee contributes ninety -
three cents ($.93) per pay period.
6. Fourth level 1959 Survivors Benefit increased allowance, Sec.
21382.4.
7. The City agrees to contract with PERS to provide a Military Service
Credit as Public Service option, Section 21024. It is agreed and
understood that the employee is responsible for paying for this
benefit.
8. The City of Arcadia elects to pay 9% of EE compensation earnable
as Employer Paid Member Contributions (EPMC) and report the
same percent (value) of compensation earnable as special
compensation.
9. The City agrees to allow members to participate in a Pre -Tax
Payroll Deduction Plan for Service Credit Purchases.
10. Provided the employee signs a waiver releasing and holding the
City harmless, from any liability, whatsoever, the City agrees to
allow members to use funds from their Deferred Compensation
(457 Plan) towards the Pre -Tax Payroll Deduction Plan for Service
Credit Purchases.
13
ARTICLE IX HEALTH, DENTAL AND LIFE INSURANCE
Section A. Effective the first pay period in July 2007, the City shall provide regular
full -time employees in a classification represented by this Agreement with
the following contributions:
1. CaIPERS Health Program
The City will contribute $16 per month per employee for health
insurance.
2. Dental Insurance — mandatory enrollment
The City will contribute $13.20 per month for employee only
enrollment in one of the two dental plans. Additional coverage may
be purchased through the Optional Benefits allocation.
3. Optional Benefits
The City shall contribute toward an optional benefits plan to meet
the employee's needs for health and dental insurance.
Single employees without dependents, hereinafter referred to as
"Employee Only," shall receive a contribution from the City towards
the cost of premiums not to exceed $408.80 /month. Employees
with one qualified dependent, hereinafter referred to as "Employee
+ 1," shall receive a contribution from the City towards the cost of
premiums not to exceed $668.80 /month. Employees with two or
more qualified dependents, hereinafter referred to as "Family," shall
receive a contribution from the City towards the cost of premiums
not to exceed $824.80 /month.
Effective July 1, 2008, the "Employee Only" contribution from the
City towards the cost of premiums shall not exceed $433.80 /month.
The "Employee + 1 contribution shall not exceed $718.80 /month.
The "Family" contribution shall not exceed $899.80 /month.
Effective July 1, 2009, the "Employee Only" contribution from the
City towards the cost of premiums shall not exceed $458.80 /month.
The "Employee + 1 contribution shall not exceed $768.80 /month.
The "Family" contribution shall not exceed $974.80 /month.
If the premium cost of the health plan exceeds the City's
contribution, the employee shall pay through payroll deduction the
14
ARTICLE IX (continued)
difference between the monthly premium and the amount
contributed by the City. The employee shall forfeit any balance
should the City's contribution exceed the cost of the premium.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective
plans or carriers.
Dependent enrollment will require proof of eligibility for dependent
status such as a marriage, birth and adoption certificate.
4. Life Insurance
a. The City shall provide a $25,000 life insurance /$50,000
accidental death and dismemberment benefit for eligible
employees.
b. The City agrees to pay up to $10,000 for funeral expenses
for members killed in the line of duty or work related death
within five (5) years after retirement.
5. The City shall provide each employee with a vision plan, with the
City paying the premium in the fiscal year 2007 -2010. This vision
plan will be Vision Service Plan, Option B. The City will pay the
premium up to the cost of the family plan.
Section B. RETIREE HEALTH INSURANCE
For employees retiring from the City on or after July 1, 2007, the City
agrees to pay the employee and spouse health insurance premium at an
amount not to exceed the PERS Choice premium for eligible retirees from
the classifications of sworn personnel represented by this Agreement.
Payment shall cease for the retiree upon eligibility for Medicare coverage,
and payment shall cease for the spouse upon eligibility for Medicare
coverage, or after 15 years, whichever occurs first. If the retired employee
and /or spouse have other group medical coverage available, then this
other group insurance shall be primary and the City's health insurance
plan shall function as secondary co- insurance.
An eligible retiree is a sworn unit member who retires on a service,
disability, or industrial disability retirement and has 1500 hours of
accumulated sick leave at the date of retirement. An employee who has
fewer than 1500 hours of accumulated sick leave at the date of retirement
15
ARTICLE /X (continued)
may become eligible for coverage for the employee and spouse health
insurance premium by paying the City an amount equal to his daily pay
rate at the time of retirement times the number of days needed to meet the
1500 hours of accumulated sick leave requirement. There are three (3)
conditions for employees to be eligible to exercise this buyback provision.
The employee must be at least 50 years old;
The employee must have worked full -time continuously for the City
of Arcadia for a minimum of 15 years; and
The employee is limited to purchasing a maximum of 500 hours of
sick leave; provided, however, upon verification of information from
a qualified medical provider that an employee has substantially
depleted the employee's sick leave accrual due to a an absence or
absences caused by a serious illness or injury suffered by the
employee or a family dependent living in the employee's
household, this purchase limitation of 500 hours will be excused.
40 -Hour Week Schedule
A unit member assigned to a 40 -hour week schedule who retires on a
service, disability, or industrial disability retirement and has 1000 hours of
accumulated sick leave at the date of retirement, is also an eligible retiree.
An employee in the 40- hour week assignment who has fewer than 1000
hours of accumulated sick leave at the date of retirement may become
eligible for coverage for employee only health insurance premium by
paying the City an amount equal to his/her hourly pay rate at the time of
retirement times the number of hours needed to meet the 1000 hours of
accumulated sick leave requirement. There are three (3) conditions for an
employee assigned to a 40 -hour workweek to be eligible to exercise this
buyback provision.
The employee must be at least 50 years old;
2. The employee must have worked full -time continuously for the City
of Arcadia for a minimum of 15 years; and
3. The employee is limited to purchasing a maximum of 350 hours of
sick leave; provided, however, upon verification of information from
a qualified medical provider that an employee has substantially
depleted the employee's sick leave accrual due to a an absence or
absences caused by a catastrophic, life threatening illness or injury
16
ARTICLE IX (continued)
suffered by the employee or a family dependent living in the employee's
household, this purchase limitation of 350 hours will be excused.
In addition, the eligible employee must apply prior to retirement for such
coverage through the City's Human Resources Division. The Association
shall notify the City's Human Resources Division in the event of the death
of a retired member.
Effective February 1, 1999 retirees will be subject to the terms of the
CaIPERS Health Program. In this program the City will pay to CalPERS
$1.00 per month for the retiree's health insurance. This amount increases
annually by 5 % until it is equal to the City contribution for active
employees of $16.00 per month. The difference between this contribution
and the employee only cost of the insurance selected by the retiree will be
refunded to the retiree by the City on a monthly basis based on a report by
CalPERS of the retiree's continued enrollment.
In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee's spouse, must be enrolled in a City- sponsored
health plan as of the retiree's last day of work and maintain eligibility to
continue in the CalPERS Health Program as stipulated by the Health
Program.
itl
ARTICLE X DISABILITY INCOME INSURANCE
Section A. Effective July 1, 2001, the City will no longer pay for disability income
insurance for represented employees. The Association agrees to
purchase its own disability insurance through payroll deductions.
Section B. The Association agrees to coordinate the change in carriers.
M
ARTICLE XI UNIFORMS
Section A. The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt,
1 belt buckle, 2 pair of work boots, badge, and a work jacket.
The Captain class "A" uniform includes: 1 pair of dress pants, a Double
Breasted jacket, white long sleeve shirt, tie, billed hat and dress badge
The Firefighter, Firefighter /Paramedic and Fire Engineer class "A" uniform
includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat and dress
badge.
The above items are supplied upon employment to all personnel and
Captain class "A" uniform immediately following promotion.
Section B. There shall be a Uniform Replacement Program for the following items:
1. Shirts
2. Trousers
3. Work Jacket
The program shall be administered by, and at the discretion of the City, for
the purpose of providing replacement of worn items only.
Section C. The City of Arcadia shall set standards for footwear in the Arcadia Fire
Department. The City shall provide a safety boot for each member of the
Fire Department who is involved in the suppression of fires. This boot will
be required footwear for the department. The total cost of the safety boot
shall be borne by the City. Increases in cost for the safety boot shall also
be absorbed by the City. The only footwear cost the City will pay is for the
safety boot. Responsibility for standards of footwear is the City's alone.
Section D. Upon termination of employment the employee shall turn in all current
uniforms issued in his /her possession, or shall have a dollar amount equal
to the lost uniforms' cost deducted from the employee's final check.
Section E. The City shall report $150 per quarter to PERS as special compensation
for department issued uniforms.
19
ARTICLE XII TUITION LOAN /REIMBURSEMENT
The Tuition Loan /Reimbursement Program will operate on a fiscal year
basis (July 1 through June 30). Maximum tuition loan or reimbursement,
including on campus parking fees and textbooks, shall be paid at the
California State University rates plus $100 per year for qualified expenses.
School supplies do not qualify.
The tuition loan or reimbursement shall only be for courses that are
directly related to the employee's position as determined by the City
Manager. Only courses, specialized training, or degree programs "job -
related" to permanent part-time and permanent full -time positions will be
considered for tuition loan or reimbursement.
All course work must be completed while employed by the City of Arcadia
with a passing grade of "C" or equivalent when numerical score or
pass /fail grade is given. In addition, the Tuition Loan /Reimbursement form
must have all appropriate approvals prior to start of class as indicated on
the City form.
Any employee who shall terminate employment within one (1) year from
the completion of a class or classes shall refund all tuition paid under this
provision unless he was required to attend by the appointing power.
20
ARTICLE Xlll LEAVES
Section A. In accordance with the current Personnel Rules and Regulations of the
City of Arcadia, all leaves for classifications represented by this
Agreement shall be provided for as follows:
Section B. POWER TO GRANT LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence with or without pay subject to the following
restrictions:
1. Length - leave of absence without pay may be granted for a period
not to exceed one (1) year with the exception that military leaves
may be granted for the duration of a war or national emergency or
as required by the Military and Veterans' code.
2. Reason - a leave of absence may be granted an employee,
provided he/she meets all other requirements set forth in this rule,
who desires to attend school or college or to enter training to
improve the quality of his/her service, who enters military service of
the United States, who is temporarily incapacitated by illness, or
who presents some other reasons equally satisfactory.
3. Right to Return - the granting of a leave of absence without pay
confers upon the employee the right to return to his /her
classification before or at the expiration of his /her leave of absence.
Therefore, a leave of absence shall be granted only to an employee
who intends to return to his classification with the City.
4. Service Record - no request for leave of absence will be
considered unless the employee presenting the request has a
satisfactory service record.
5. An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a
medical examination prior to being allowed to return to work.
6. The granting of a leave of absence of thirty (30) days or less, with
or without pay, shall not constitute an interruption of service within
the meaning of this subsection. The granting of a leave of absence
with or without pay of more than thirty (30) days shall constitute an
interruption of service unless, in the action granting such leave of
absence, it is provided that such leave of absence shall not
constitute an interruption of service.
21
ARTICLE XIU (continued)
Section C. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of the
applicable California State Law. All employees entitled to and taking
military leave shall give the Department Head the right within the limits of
military necessity and regulations to determine when such leave shall be
taken.
If the officer or employee taking such leave for military service has been in
the employ of the City for one year or more, next immediately preceding
the date from which leave begins, he shall be allowed his /her regular
salary or compensation for a period of not more than thirty (30) days in
any calendar year or during any continuous leave of absence. If such
employee has been in the employ of the City for less than one (1) year
immediately preceding the date upon which such leave of absence begins,
such leave granted under this section shall be without pay.
Upon requesting military leave, the employee must complete the required
forms and submit to the City Manager through his /her appointing power a
copy of his /her military orders.
The foregoing limitations on leave of absence do not apply to employees
who are drafted or receive order to military duty for extended periods of
time during war or national emergencies.
Every employee who has been on extended military duty shall report back
for the performance of the duties of his/her employment within ninety (90)
days after his/her discharge or release from military duty. Failure to do so
shall be reason for termination of his /her employment. Acceptance of
extended military duty on a voluntary basis shall be reason for termination
of his /her City employment.
Employees prior to being returned to employment from military leave shall
submit other than a dishonorable discharge, and take and pass a medical
examination by a physician designated by the City Manager.
Upon failure of a returning employee to submit other than a dishonorable
discharge or pass the required medical examination, he /she shall not be
entitled to return to his /her employment with the City.
Employees on extended military leave shall not lose or accumulate sick
leave, vacation, seniority or other privileges because of such leave.
22
ARTICLE Xlll (continued)
Section D. VACATION LEAVE
1. Employees assigned to a 24 hour shift schedule in the classification
of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain
with the exception of temporary appointments, shall accumulate
vacation leave beginning with the first full pay period of
employment, at the rate of 7.384 hours per pay period during the
first five years of continuous full time employment with the City (8.0
shifts per year); at the rate of 8.307 hours per pay period between
the employee's fifth and tenth anniversary date of continuous full -
time employment; at the rate of 10.153 hours per pay period
between the employee's tenth and fifteenth anniversary date of
continuous full time employment; and at the rate of 11.076 hours
per pay period after the completion of fifteen years of continuous
full time employment with the City (12 shifts per year). For
employees assigned to 24 hour shifts, a "day" means 12 hours or
one -half (1/2) shift.
a. Sworn employees assigned to a 40 hour week schedule,
with the exception of temporary appointments, shall
accumulate vacation with pay beginning with the first full pay
period of employment at the rate of 4.61 hours per pay
period during the first ten years of continuous full time
employment with the City and at the rate 6.77 hours per pay
period after the completion of ten years of continuous full
time employment with the City.
2. Accumulated vacation leave shall be granted at the discretion of the
appointing power.
3. Vacation may not be accumulated beyond the amount accumulable
for a sixty -five (65) periods. Once an employee has accumulated
this amount, no more vacation will be accrued by the employee
until the employees' accrual has been reduced below this maximum
amount.
When through work circumstances and needs of the job, an
employee has been unable to utilize vacation time and this has not
been a pattern or practice for that employee, the City Manager for
good cause may approve excess accumulated vacation, provided
the employee reduces this total below the allowable maximum
within six (6) months.
4. An employee who has previously requested and was granted
approval of vacation leave for use during the last three (3) months
P91
ARTICLE X111 (continued)
of the calendar year and is unable to utilize such leave because of
the City's cancellation of leave shall be allowed to carry over the
excess leave time into the next three (3) months of the new
calendar year, if rescheduling of the vacation leave is not possible.
5. Upon termination, vacation used shall be pro -rated against vacation
earned. Every City employee who leaves the City employ for any
reason shall be granted all accumulated vacation or shall be paid
therefore at his /her rate of compensation applicable at the time
he /she leaves the City employ. If an employee works more than
50% of the pay period, the employee shall receive credit for 50% of
that pay period's vacation.
Every City employee who leaves the City employ for any reason shall be
granted all accumulated vacation or shall be paid therefore at his/her rate
of compensation applicable at the time he /she leaves the City employ. If
an employee works more than 50% of the pay period, the employee shall
receive credit for that pay period's vacation accrual.
Section E. SICK LEAVE
1. All employees in classifications represented by this Agreement with
the exception of temporary appointments, shall accrue sick leave
beginning with the first full pay period of employment on the basis
of 5.54 hours for each pay period of service completed with the City
(6 shifts per year).
Sworn employees may accumulate up to a maximum of 2,100
hours of sick leave. For employees assigned to 24 hours shifts, a
"day" means 12 hours or one half (1/2) shift.
2. Sick leave means authorized absence from duty of an employee
who is temporarily disabled and unable to work due to a medical
condition or due to a scheduled medical or dental appointment
during regular working hours. Every effort shall be made to
schedule appointments during non - working hours.
3. Sick leave may be used by an employee when their attendance
upon a member of the employee's family dependent who is
seriously ill and requiring the care and attendance of such
employee. Sick leave may also be used when the employee's
family dependent requires the employee's presence at the
dependents medical or dental appointment during regular working
hours. Every effort shall be made to schedule appointments during
non - working hours.
24
ARTICLE XIII (continued)
Family dependents shall include only dependents currently residing
in the employee's household, or the employee's minor children.
4. Sick leave may be used by an employee in accordance with
paragraph 2 and 3 above. Any employee when off -duty as a result
of personal or family illness shall report the fact immediately to
his/her supervisor, or to the officer then in charge at the
department, giving the nature of the illness or circumstances
relative to his /her absence.
a. While absent from duty because of sickness or disability,
he/she shall remain at his /her residence or place of
confinement unless otherwise authorized by a physician or
his /her supervisor.
b. The term "immediately" means that the employee or
someone acting for the employee, shall notify the
department as soon as it becomes apparent that the
employee will not be able to report for duty.
5. PROOF OF ILLNESS
The Fire Chief and the City Manager may require evidence of the
reason for any employee's absence during the time for which sick
leave is requested. If the employee fails to provide such evidence
as required by the Fire Chief and within the time limit specified by
the department, the absence will be charged to leave without pay.
6. DENIAL
The Fire Chief and City Manager may deny or revoke sick leave if
the illness or injury for which it is taken is caused or substantially
aggravated by compensated outside employment.
Section F. BEREAVEMENT LEAVE
An employee represented by this Agreement, with the exception of
temporary appointments, may be granted a leave of absence with pay
upon approval of the Fire Chief and the City Manager at the time of death,
or where death appears imminent, in the immediate family, defined as the
spouse, the employee's or employee's spouse's mother, stepmother or
father, stepfather, brother or sister or step sibling, child or stepchild,
grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave, up to a
25
ARTICLE XIII (CONTINUED)
Section G
Section H
Section I
maximum of four (4) working days at one time (or six (6) working days if
travel outside of the following Counties is required: Imperial, Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara,
San Luis Obispo and Ventura), shall not be charged against sick or other
leave. If over four (4) working days of such leave is granted at one time,
or over six (6), if applicable, that amount over four (4) or six (6) days shall
be charged against sick or other leave. For employees assigned to 24
hours shifts, a "day" means 12 hours or 1/2 shift.
WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury or illness is so recognized by the Workers'
Compensation Act of California, by the City of Arcadia or the Workers'
Compensation Appeals Board, such employee shall be paid a combination
of salary and Worker Compensation equal to his /her regular salary rate
for such time as he /she is absent from duty because of such injury or
illness up to a maximum of one (1) year from and after date of such injury
or illness. Lost time due to an injury or illness on duty shall not be
charged against an employee's accumulated sick leave. Pursuant to the
Internal Revenue Code, Section 104 (a) (1), Workers' Compensation
benefits are not taxable income.
HOLIDAYS
Employees in the classifications of Firefighter, Firefighter Paramedic, Fire
Engineer and Fire Captain shall be allowed the following holidays with full
pay:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
JURY LEAVE
Labor Day
Admission Day
Columbus Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
When a City employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay not to exceed 10 days
per year. For each day the employee receives jury leave pay, the
employee shall remit to the City all fees received except mileage.
ARTICLE XIII (continued)
Section J. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of
the appointing power and City Manager, the employee may be granted
leave with pay during the required absence. The employee shall remit to
the City all fees received except mileage.
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
Section K. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal,
Section L. UNION LEAVE
Upon approval of the Fire Chief, AFFA board members or their designees
may be granted time off with pay to attend conferences, meetings, or other
union business.
27
ARTICLE XIV PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -
test period during which the employee's performance and conduct on the
job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When an acting assignment is made, it must be given to a member who
meets the current minimum qualifications for the position and has been
placed on a current eligibility list. In the absence of a current eligibility list,
the acting assignment shall be given to a member who meets the current
minimum qualifications and has been placed on an eligibility list for the
assigned position in the past. Before an eligible candidate is to be placed
in an acting position, the current vacancy shall remain open for a period of
no less than six (6) shifts.
Time worked in an acting position will not count as time worked on
probation if a probationary appointment is made. All probationary periods
will be twelve (12) months.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position
shall be on probation for twelve (12) months before attaining permanent
status.
Section C. Eligible candidates appointed from a promotional list shall be on probation
for twelve (12) months before attaining permanent status.
Section D. Probationary period may be extended for a one six (6) month period with
the approval of the Human Resources Administrator.
M
ARTICLE XV EMT -1 CERTIFICATION
All members of the unit shall, at a minimum, maintain an EMT -1
Certification, or equivalent, with appropriate accreditations through the
County and State and recertify every two (2) years. Training and
recertification classes shall be conducted on City time. Failure to obtain
the certification or to recertify is cause for progressive disciplinary action.
29
ARTICLE XVl NO SMOKING POLICY
In recognition of the health hazards arising form the use of tobacco
products, the parties agree that as a condition of employment, all unit
members hired after July 1, 1991 shall sign individual agreements that the
employee shall refrain from smoking, chewing or otherwise using tobacco
products such as, but not limited to, cigarettes, cigars, pipe tobacco,
chewing tobacco or snuff.
An employee who fails to comply with the Agreement shall receive a
written warning for the first offense, two (2) shifts off without pay for the
second offense and shall be discharged for the third offense.
30
ARTICLE XVII RESPONSE TIME
Due to the emergency requirements of prompt response time, all
members of the unit are expected to return to work as soon as possible
when required to respond to local emergencies. Employees shall be
required to make themselves available to emergency recall response
within twelve (12) hours of notification.
31
ARTICLEXVIl1 STAFFING
Section A. Daily Staffing Levels
During the course of this contract, the minimum daily staffing of fire
suppression personnel shall be seventeen (17) and shall consist of:
• Battalion 105 — Fire Battalion Chief
Engine 105 — Fire Captain, Fire Engineer, and Firefighter.
• Engine 106 - Fire Captain, Fire Engineer, and Firefighter.
• Engine 107 - Fire Captain, Fire Engineer, and Firefighter/
Paramedic
• Truck 105 - Fire Captain, Fire Engineer, and Firefighter
• Rescue Ambulance 105 — (2) Firefighters /Paramedics
• Rescue Ambulance 106 — (2) Firefighters /Paramedics
Notes:
1. At the discretion of the Fire Chief or designee, El 07 may be staffed
with a Firefighter in lieu of a Firefighter /Paramedic on a temporary
basis to meet the needs of the department.
2. Management reserves the right, in the event of a disaster or
operational crisis, to staff the above positions in acting capacities
on a temporary basis.
Section B. Strike Team Rest Period
Upon returning from a strike team deployment it will, when deemed
necessary, be mutually agreed upon by both the company officer and the
duty chief to grant a period of rest. During this period members will be
excluded from training, daily duties, and other activities in order to be
mentally and physically ready to complete their shift.
32
ARTICLE X/X WELLNESS PROGRAM
During the term of this Agreement, the City agrees to implement a
Wellness Program that includes a comprehensive fitness evaluation and
lecture series provided by Santa Ana College Fire Technology Department
at a cost not to exceed $14.20 per employee /year.
33
ARTICLEXX EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. Grievance
A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or Personnel Rules and
Regulations where there is no other specific method of review
provided by City law.
2. Grievant
An employee or group of employees in the classified service
adversely affected by an act or omission by the City allegedly in
violation of an express provision of the Memorandum of
Understanding or Personnel Rules and Regulations.
3. Department Administrator
The Department Head or designee.
4. Work Day
A work day is any day the City offices are regularly open for
business.
5. Exclusions from the Grievance Procedure
a. The procedure is not to be used for the purpose of changing
wages, hours and working conditions.
b. The procedure is not intended to be used to challenge the
content of employee evaluations or performance reviews.
C. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or
denial of a step or merit increase.
d. The procedure is not intended to be used in cases of oral or
written reprimand, demotion, suspension or removal.
e. The procedure is not to be used to challenge violation of law
or past practice unless the rules or MOU expressly refer to
same.
f. The procedure is not to be used to challenge examinations
or appointment to positions.
34
ARTICLE XX (continued)
Section B. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
Section C. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his/her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15)
working days after the employee should reasonably have known of the
event, the employee should attempt to resolve the grievance on an
informal basis by discussion with his or her immediate supervisor.
Section E. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion
with his /her immediate supervisor, within ten (10) working days
after the informal discussion with the immediate supervisor, the
employee shall present the grievance in writing to the next level
supervisor on the official City grievance form setting forth the
following information:
a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged
violation.
C. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the
grievance.
e. The resolution of the grievance at the informal stage.
35
ARTICLE XX (continued)
f. The remedy requested.
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently
with presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the
grievance.
2. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next
level supervisor's decision or twenty (20) days from the date the
next level supervisor received the grievance but failed to issue a
decision, the employee shall present the grievance in writing, on
the grievance form, to the Department Head.
The Department Head may require the employee and the
immediate supervisor to attend a grievance meeting. The
Department Head shall communicate a decision in writing within ten
(10) working days of receiving the grievance or within ten (10)
working days of holding a grievance meeting whichever is longer.
3. Human Resources Administrator
If the employee is not in agreement with the decision reached by
the Department Head, within ten (10) working days after receiving
the Department Head's decision or twenty (20) days from the date
the Department Administrator received the grievance but failed to
issue a decision, the employee shall present the grievance in
writing to the Human Resources Administrator on the official City
grievance form.
The Human Resources Administrator may require the employee
and the immediate supervisor to attend a grievance meeting. The
Human Resources Administrator shall communicate a decision in
writing within ten (10) working days of receiving the grievance or
the holding of a grievance meeting whichever is longer.
4. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Administrator or if the Human Resources Administrator
has failed to respond, the employee shall present the grievance to
36
ARTICLE XX (continued)
the Human Resources Commission within ten (10) working days from the
date of receipt of the Human Resources Administrator's decision or twenty
(20) days from the date the Human Resources Administrator received the
grievance but failed to issue a decision.
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within
thirty (30) days, transmit the appeal to the Human Resources
Commission. The Commission shall schedule a hearing. The
appeal hearing shall be set not less than twenty (20) working days
nor more than sixty (60) working days from the date of the filing of
the appeal. All interested parties shall be notified in writing of the
date, time, and place of the hearing at least ten (10) working days
prior to the hearing.
2. Public Hearings
All hearings shall be open to the public.
3. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current City employees. It will be the responsibility
of the employee or the City to serve subpoenas on individuals who
are not currently employed by the City. It will be the responsibility
of the employee and the City to submit the written request for
subpoenas at least ten (10) working days before the date of the
hearing.
37
ARTICLE XX (continued)
b. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each
party shall serve upon the other party and submit, to the Human
Resources Division of the Administrative Services Department, a
list of all witnesses and a list and copy of all exhibits. An original
and nine (9) copies of the exhibits shall be presented to the Human
Resources Division of the Administrative Services Department in 3
hole notebooks which are tabbed down the side with the exhibit
numbers. The employer's exhibits shall be designated by number.
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
C. Statement of Issues
Five (5) working days prior to the date set for the hearing, each
party shall submit to the Human Resources Division of the
Administrative Services Department a Statement of Issues.
4. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the
Human Resources Division of the Administrative Services
Department shall present each member of the Human Resources
Commission with a copy of the jurisdictional documents. Those
documents include the grievance documents at each level and the
responses to the grievance.
5. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during
working hours will be released with pay to appear at the hearing.
The Commission may direct that these employees remain on call
until called to testify. Employees who are subpoenaed to testify
during non - working hours will be compensated for the time they
actually testify, unless the City agrees to a different arrangement.
m
ARTICLE XX (continued)
6. Conduct of the Hearing
a. The hearing need not be conducted in accordance with
technical rules relating to evidence and witnesses but
hearings shall be conducted in a manner most conducive to
determination of the truth.
b. Any relevant evidence may be admitted if it is the type of
evidence on which responsible persons are accustomed to
rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules which might
make improper the admission of such evidence over
objection in civil actions.
C. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence that shall
not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions.
d. The rules dealing with privileges shall be effective to the
same extent that they are now or hereafter may be
recognized in civil actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
f. The Human Resources Commission shall determine
relevancy, weight and credibility of testimony and evidence.
Decisions made by the Commission shall not be invalidated
by any informality in the proceedings.
g. During examination of a witness, all other witnesses, except
the parties, shall be excluded from the hearing upon motion
of either party.
h. The Human Resources Commission may conduct the
hearing or delegate evidentiary and /or procedural rulings to
its legal counsel.
7. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
39
ARTICLE XX (continued)
8. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is
not ready and wishes a continuance, good cause must be stated.
Any request for a continuance must be made in writing and
submitted prior to the hearing to all parties. Before requesting a
continuance, the moving party shall contact all parties to determine
if there is any opposition to the continuance and shall state in its
request if there is opposition.
9. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering
testimony at the hearing. The chairperson will request the
witnesses to raise their right hand and respond to the following:
"Do you swear that the testimony you are about to give at this
hearing is the truth, the whole truth and nothing but the truth?"
10. Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Human Resources Chair shall announce the issues
after a review of the statement of issues presented by each
party.
b. The grievant (employee) shall be permitted to make an
opening statement.
C. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until
presentation of its case.
d. The grievant shall produce his /her evidence.
e. The respondent may then offer its evidence.
f. The grievant followed by the respondent may offer rebutting
evidence.
g. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden
We
ARTICLE XX (continued)
of proof, shall have the right to go first and to close the
hearing by making the last argument. The Commission may
place a time limit on closing arguments. The Commission or
the parties may request the submission of written briefs.
After the request for submittal of written briefs, the
Commission will determine whether to allow the parties to
submit written briefs and determine the number of pages of
said briefs.
11. Procedure for the Parties
The party representing the department and the party representing
the employee will address their remarks, including objections, to the
Chair of the Human Resources Commission. Objections may be
ruled upon summarily or argument may be permitted. The Chair
reserves the right to terminate argument at any time and issue a
ruling regarding an objection or any other matter, and thereafter the
representatives shall continue with the presentation of their case.
12. Right to Control Proceedings
While the parties are generally free to present their case in the
order that they prefer, the Chair reserves the right to control the
proceedings, including, but not limited to, altering the order of
witnesses, limiting redundant or irrelevant testimony, or by the
direct questioning of witnesses.
13. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by
written submission or oral presentation, disparage the intelligence,
ethics, morals, integrity or personal behavior of their adversaries or
members of the Commission.
14. Deliberation Upon the Case
The Commission will consider all oral and documentary evidence,
the credibility of witnesses, and other appropriate factors in
reaching their decision. The Commission may deliberate at the
close of the hearing in closed session or at a later fixed date and
time not to exceed ten (10) working days.
15. Recommended Decision
The Human Resources Commission shall render its
recommendations as soon after the conclusion of the hearing as
Clil
ARTICLE XX (continued)
possible, and no event, later than ten (10) working days after
concluding the hearing, unless otherwise stipulated to by the
parties. The recommended decision shall include an explanation of
the basis for the decision.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievants counsel.
16. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to
the City Manager. The proposed decision shall be provided to the
grievant and the City Manager.
Either the employee or the department may file a written appeal to
the proposed decision, by filing exceptions thereto with the Human
Resources Administrator within ten (10) days of receipt of the
Commission's recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City
Manager within ten (10) working days of the Commission's
decision. If the appealing party requests a transcript, that party
shall pay the cost of the transcript.
17. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, or within ten
(10) days of receipt of the transcript, the City Manager shall review
the decision of the Commission, any exceptions filed, and a record,
if one is requested. The decision of the City Manager shall be final.
The decision shall be transmitted to the employee and to the
Department Head.
42
ARTICLE XXl FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants,
stipulations and provisions agreed upon by the parties and any other prior
existing understanding or Agreements by the parties, whether formal or
informal, regarding any such matters are hereby superseded or terminated
in their entirety.
It is the intent of the parties that this Agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit, and the City,
upon request, agrees to meet and confer with the Association over
matters within the scope of representation.
For the life of this Agreement it is agreed and understood that the
Association hereto voluntarily agrees that the City shall not be required to
meet and confer with respect to any subject or matter whether referred to
or covered in this agreement or not during the term of this Agreement.
The parties agree and understand that any Section of this MOU may be
reopened by mutual consent.
Section B. The parties have caused this Memorandum of Understanding to be
executed this 16th day of Auoust, 2007
ARCADIA FIREFIGHTERS CITY OF ARCADIA
ASSOCIATION
John Twitchell
President
William R. Kelly
City Manager
43
2007 NEGOTIATION TEAMS
AFFA WAGE NEGOTIATING TEAM CITY REPRESENTATIVES
Mike Lang, Fire Captain Tony Trabbie, Deputy Fire Chief
Kevin Valentine, Fire Captain Michael A. Casalou, Human Resources
Jeff Bird, Firefighter /Paramedic Administrator
James Miller, Fire Engineer Yvonne Yeung, Management Analyst
William W. Floyd, Jr., Attorney
44
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p0 �. =$ e STAFF REPORT
Administrative Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Tracey L. Hause, Administrative Services Direct
Prepared by Shannon Huang,, Financial Services anager /City Treasurer
SUBJECT:
Property taxes for fiscal year 2007 -2008 to pay the debt service on the
general obligation bonds and the authorized maintenance and operation
costs of the lighting districts
Recommendation: Adopt
The City of Arcadia has utilized the Street Lighting Act of 1919 [Division 14 of the
California Streets and Highways Code Section 18,000 et seq.] to establish lighting
maintenance districts within the City. The current lighting districts consist of five (5)
districts (Exhibit "A "). These districts were formed to provide a source of revenue for the
cost of power, maintenance, and other capital improvements within the respective
districts. The City contributes up to 50% of the power and maintenance costs, with the
remaining costs collected from a tax applied to land values.
Additionally, in June of 2001, the City issued General Obligation Bonds for the
construction of a Police facility. The debt service on the bonds is payable from a voter
approved levy.
DISCUSSION
Each year a Resolution is adopted fixing the amount of revenue required to be raised
from property taxes to pay the debt service on the General Obligation Bonds and the
authorized maintenance and operating costs of the City's lighting districts. This
information is the basis for establishing tax rates, which are forwarded to Los Angeles
County and applied to properties in specific districts. A separate schedule (Exhibit "B ")
is attached to provide expanded detail of assessed valuations, beginning balances,
estimated expenditures, and the proposed tax rate for fiscal year 2007 -2008.
A special election was held on November 2, 1999, to consider a proposition to incur
bonded indebtedness in the principal amount of $8,000,000 for the construction of a
Police facility. More than two- thirds of the votes cast were in favor of the agreed
indebtedness with the principal and interest payable from taxes levied upon taxable
property within the City. This annual levy will provide for interest payments in the
amount of $192,033 and $185,833 due on August 1, 2007 and February 1, 2008 and a
principal payment of $155,000 due on August 1, 2007.
Due to the most recent increase in total assessed valuations of 6.5% within the City of
Arcadia, the annual tax rate levied for the general obligation bonds has decreased from
last year.
FISCAL IMPACT
The rates established for fiscal year 2007 -2008 will recover the debt service payments
on the general obligation bonds and the costs eligible for reimbursement within the
established districts.
RECOMMENDATION
Adopt Resolution No. 6590, a Resolution of the City Council of the City of
Arcadia, California fixing the amount of revenue to be raised from property taxes
for fiscal year 2007 -2008 to pay the debt service on the general obligation bonds
and the authorized maintenance and operating costs of the lighting districts
Approved: JUA �°
William R. Kelly, City Manager
Attachments
TLH:sh
Exhibit "B"
LIGHTING DISTRICTS
(1) An allowance for delinquent taxes is included, where appropriate, in tax rates to
help ensure districts maintain a positive balance.
(2) Where major capital costs are planned or have been completed, the proposed
tax capitalizes such costs over a fixed period of years.
(3) For comparison, last year's rate were as follows:
Zone A - .016924 B-.006296 C - .024913 D - .021294 E-.013597
GENERAL OBLIGATION BONDS
Balance
Balance
2007 -08
Estimated Tax
Estimated
%
Assessed
Available
Assessed
Revenues (1)
Operating /Capital
Tax Rates 2007-
7-1-07
Valuations
$76,866
Expenditures 2
08 (3
Zone A
9,200
263,429,538
24,800
34,000
0.009414%
Zone B
26,000
1,654,998,850
54,000
80,000
0.003263%
Zone C
- 13,400
350,391,771
90,400
77,000
0.025800%
Zone D
34,000
375,602,669
10,000
44,000
0.002662%
Zone E
- 12,000
405,126,716
67,000
55,000
0.016538%
(1) An allowance for delinquent taxes is included, where appropriate, in tax rates to
help ensure districts maintain a positive balance.
(2) Where major capital costs are planned or have been completed, the proposed
tax capitalizes such costs over a fixed period of years.
(3) For comparison, last year's rate were as follows:
Zone A - .016924 B-.006296 C - .024913 D - .021294 E-.013597
GENERAL OBLIGATION BONDS
Balance
2007 -08
Estimated Tax
Debt Service ---6
Tax Rates
Available
Assessed
Revenue (4)
(5)
2007 -08
7 -01 -07
valuations
$76,866
8,928,185,181
456,000
$532,866
0.005107%
(4) An allowance for delinquent taxes is included, where appropriate, in tax rates to
help ensure districts maintain a positive balance.
(5) Per debt service schedule.
(6) For comparison, last year's rate was as follows: 0.005274 %
CITY OF ARCADIA
STREET LIGHTING MAP
n 1 .d
I
t
M-
-F, k
11 1E
i
t
II n
t l i t I r
II �
;p IF
J ^ � . �
Ir aliT..� q
(GTY/ONMER)
ZONE A < (40160)-.' EDISON OWNED
ZONE B ( + I-S -1
ZONE C
ZONE D i d CITY O WNED „
ZONE E Bi'd�d1g0?3Ei -
UNZONED ® '
FEED GOINT
aWG WSTREETOGM /
NON - G4
LIGHTED STREETS EETLId1T EXHIBIT "
�� NON - LITED STRE �
f'FR
RESOLUTION NO. 6590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADI& CALIFORNIA, FIXING THE AMOUNT OF
REVENUE REQUIRED TO BE RAISED FROM PROPERTY
TAXES NECESSARY FOR FISCAL YEAR 2007 -2008 TO
PAY THE DEBT SERVICE ON THE GENERAL
OBLIGATION BONDS AND THE AUTHORIZED
MAINTENANCE AND OPERATING COSTS OF THE CITY
LIGHTING DISTRICTS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the following is the amount of revenue necessary during the
fiscal year 2007 -2008 to pay the authorized maintenance, operating, and capital
improvement costs of the specified Arcadia Consolidated Lighting Districts:
District A $24,800
District B $54,000
District C $90,400
District D $10,000
District E $67,000
SECTION 2. That the above lighting maintenance districts illuminate rights of
way and therefore benefit streets.
SECTION 3. That the following is the amount of revenue necessary during fiscal
year 2007 -2008 to pay the authorized debt service on the Series A, 2001 Annual
Obligation Bonds: $456,000.
� Y .
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21 st day of August, 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
RESOLUTION NO. 6590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF
REVENUE REQUIRED TO BE RAISED FROM PROPERTY
TAXES NECESSARY FOR FISCAL YEAR 2007 -2008 TO
PAY THE DEBT SERVICE ON THE GENERAL
OBLIGATION BONDS AND THE AUTHORIZED
MAINTENANCE AND OPERATING COSTS OF THE CITY
LIGHTING DISTRICTS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the following is the amount of revenue necessary during the
fiscal_ year 2007 -2008 to pay the authorized maintenance, operating, and capital
improvement costs of the specified Arcadia Consolidated Lighting Districts:
District A $24,800
District B $54,000
District C $90,400
District D $10,000
District E $67,000
SECTION 2. That the above lighting maintenance districts illuminate rights of
way and therefore benefit streets.
SECTION 3. That the following is the amount of revenue necessary during fiscal
year 2007 -2008 to pay the authorized debt service on the Series A, 2001 Annual
Obligation Bonds: $456,000.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of August, 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2 6590
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6590 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 21 st day of August, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
.,.,'
City Clerk of the City of Arcadia
3 6590
z
STAFF REPORT
Development Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
Philip A. Wray, City Engineer �K-�
Prepared by: Rafael Fajardo, Assistant Engineer
SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6591 APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. 008 -N TO ADMINISTRATING
AGENCY — STATE AGREEMENT NO. 07 -5131R TO ENCUMBER
FEDERAL AID FUNDS FOR THE SANTA ANITA INTERSECTION
IMPROVEMENTS PROJECT AND AUTHORIZE THE CITY MANAGER AND
CITY CLERK TO EXECUTE THIS AGREEMENT
SUMMARY
In December 1997, the City Council of the City of Arcadia by adoption of Resolution No.
6014 entered into Master Agreement No. 07-5131R entitled "Master Agreement
Administrating Agency -State Agreement for Federal Aid Projects" with the State of
California. The Master Agreement requires that for every Federal funded project a
Supplemental Agreement to the Master Agreement be executed by the City and approved
by the State.
In 2004, the City's lobbyist was successful in securing $2,400,000 for the Santa Anita
Avenue Corridor Improvements as part of the Federal Transportation Bill. The Santa Anita
Avenue Corridor Improvements include widening the intersections of Foothill Boulevard,
Duarte Road and Live Oak Avenue. In order for the City to proceed with the preliminary
engineering, the City Council must adopt a resolution approving the supplemental
agreement.
Staff recommends that the City Council adopt Resolution No. 6591 approving Program
Supplement Agreement No. 008 -N to encumber Federal Funds for the Santa Anita Avenue
Intersection Improvements Project and authorize the City Manager and City Clerk to
execute this agreement.
Staff Report
Adopt Resolution No. 6591
August 21, 2007
Page 2
BACKGROUND
In December 1997, the City Council of the City of Arcadia by adoption of Resolution No.
6014 entered into Master Agreement No. 07 -5131 R entitled "Master Agreement
Administrating Agency -State Agreement for Federal Aid Projects" with the State of
California. The Master Agreement requires that for every Federal funded project a
Supplemental Agreement to the Master Agreement be executed by the City and approved
by the State.
In April of 2004, the Federal Government approved the new seven -year Transportation Bill
entitled the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users, (SAFETEA -LU). The City's lobbyist was successful in securing $2,400,000 for the
Santa Anita Avenue Corridor Improvements as part of the bill. After the bill was approved,
City staff prepared a scope of work and the necessary project application documents and
submitted them to Caltrans in order to get State and Federal approval and authorization to
proceed with the preliminary engineering. On June 28, 2007, Caltrans informed the City
that the authorization had been granted. Before the City can proceed, the City Council must
adopt a resolution to enter into the Supplemental Agreement for this project.
The project is intended to widen three intersections on Santa Anita Avenue at Foothill
Boulevard, Duarte Road and Live Oak Avenue. At the Santa Anita Avenue and Foothill
Boulevard intersection, the project proposes additional left turn lanes to all four legs of the
intersection and the removal of the center median. At the Santa Anita Avenue and Duarte
Road intersection, the project proposes an additional left turn lane at the southbound
approach on Santa Anita Avenue, removal of existing median and an additional right turn
lane in the eastbound approach on Duarte Road. At the Santa Anita Avenue and Live Oak
Avenue intersection, the project proposes additional left turn lanes to both northbound and
southbound approaches and an additional through lane for eastbound Live Oak Avenue.
Adoption of Resolution No. 6591 is requested to approve Program Supplemental
Agreement No.008 -N to Master Agreement No. 07 -5131R with the State. This program
Supplemental Agreement will encumber the Federal- funding share of 88.53% of the total
project costs from the Federal SAFETEA -LU Funds. The balance of the funding share of
11.47% is the local match.
FISCAL IMPACT
The total estimated cost of the project is $3,000,000 and the estimated cost for design is
$300,000. State approval of the Program Supplemental Agreement No. 008 -N allows
reimbursement to the City of up to $240,000 or 88.53% of the design costs. The balance of
Staff Report
Adopt Resolution No. 6591
August 21, 2007
Page 3
the design costs, $60,000 or 11.47% will be financed with Developer Impact Funds that
have been approved in the 2007 -08 Capital Improvement Program.
RECOMMENDATION
That the City Council adopts Resolution 6591 approving Program Supplemental
Agreement No. 008 -N to administer Agency -State Agreement No. 07 -5131R to
encumber Federal Aid Funds for the Santa Anita Intersection Improvements Project
and Authorize the City Manager and the City Clerk to execute this agreement.
Approved By: P-Ah
William R. Kelly
City Manager
DP:PAW:RF:pa
Attachments: Resolution No. 6591
RESOLUTION NO. 6591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT No. 008 -N TO ENCUMBER
FEDERAL AID FUNDS FOR THE SANTA ANITA
INTERSECTION IMPROVEMENTS PROJECT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Supplement No. 008 -N Program of Local Agency Federal Aid
System Projects, to encumber Federal Aid funds for the Santa Anita Intersection
Improvements Project is hereby approved and the Mayor and City Clerk are authorized
to sign such Supplement Agreement.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of 2007.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen Deitsch, City Attorney
RESOLUTION NO. 6591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT No. 008 -N TO ENCUMBER
FEDERAL AID FUNDS FOR THE SANTA ANITA
INTERSECTION IMPROVEMENTS PROJECT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Supplement No. 008 -N Program of Local Agency Federal Aid
System Projects, to encumber Federal Aid funds for the Santa Anita Intersection
Improvements Project is hereby approved and the Mayor and City Clerk are authorized
to sign such Supplement Agreement.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st day of August 2007.
/S/ M ICKEY S GAL
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:: Q
Stephen Deitsch, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6591 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 19th day of June, 2007 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal
NOES: None
ABSENT: None
JAMES H. BROVAR
City Clerk of the City of Arcadia
2 6591
1 "M I
14 i
STAFF REPORT
Public Works Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Pat Malloy, Public Work
Prepared by: Tom Tait,
Susannah
s Services Director -
Deputy Public Works Service Department
Turney, Environmental Services Officer
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN IMPLEMENTATION
AMOUNT OF $7,090
Recommendation: Approve
SUMMARY:
On January 11, 2006, the Regional Water Quality Control Board (RWQCB) approved the Los
Angeles River Metals, Total Maximum Daily Load (TMDL), which includes an implementation
schedule. This schedule allows for the RWQCB to reconsider the Metals TMDL in the five years
after the effective date of the TMDL to re- evaluate the assigned waste load allocations based on
results obtained from special studies.
Staff is recommending that the City Council authorize the City Manager to enter into an
Implementation Agreement for Project Management and Administrative Oversight of Special
Studies related to the Los Angeles River Metals TMDL. This Implementation Agreement obligates
the City to share in the costs with at least thirty -six (36) other cities and regulated entities in the
watershed for Project Management and Administrative Oversight for Special Scientific Studies
related to the Los Angeles River Metals TMDL in the amount of $7,090. It is anticipated that the
Special Studies will take approximately three (3) years to complete.
BACKGROUND
A Consent Decree between local environmental organizations and the United States
Environmental Protection Agency (EPA) identified over 700 local water body - pollutant
impairments in Los Angeles County, including the Los Angeles River and its tributaries. The
Consent Decree, which was adopted in 1999, mandated a schedule for addressing these water
bodies, including the adoption of Total Daily Maximum Loads (TMDLs). The Los Angeles River
Metals TMDL was adopted by the Los Angeles Regional Water Quality Control Board (RWQCB)
in January of 2006, pursuant to the Consent Decree.
EPA scientists, whose tests relied on ultra pure water and laboratory test species, producing
overly conservative results, determined the toxicity standards. These standards are not fitting to
Page 1 of 5
Mayor and City Council
August 21, 2007
the current conditions of the Los Angeles River in Southern California. It is suggested that the
Los Angeles River is capable of tolerating higher concentrations of metals without exhibiting
toxicity. Only the Special Studies recommended can verify this premise.
In July 2006, 36 of the 40 cities in Los Angeles River watershed (including the City of Arcadia),
the County of Los Angeles, Caltrans and the Los Angeles County Sanitation Districts
recommended formation of a committee to assess the feasibility of undertaking Special
Scientific Studies related to the Los Angeles River Metals TMDL. As a result, a Steering
Committee was formed in August of 2006 to discuss the studies, their management needs and
to develop a cost sharing formula to fund the studies.
DISCUSSION:
The TMDL allows for reconsideration of the standards that are in the Metals TMDL when the
Permit is renewed in July of 2010 if the regulated local agencies complete the Special Scientific
Studies Identified by the Steering Committee.
After careful review of all of this information, the Steering Committee is recommending a three
(3) phase approach to meeting future Stormwater standards:
1. Project Management and Oversight
2. Coordinated Monitoring Plan and Program
3. Scientific Special Studies
The total cost for the City of Arcadia's share of the overall program are estimated to be
approximately $96,000 over the next 5 years. The following is a brief description of each phase
of the program plus a short overview of the funding formula for the region:
Project Management and Oversight - Phase 1
The scientific studies will be contracted out to independent scientific organizations that will
require oversight and direction. Since the studies are scientifically complex and local agencies
do not have qualified staff or resources to manage them, the Steering Committee recommended
retaining a specialized consultant as Project Manager to assist the Steering Committee in
completing the studies. The three (3) year budget for Project Management and Administrative
Oversight of the Special Scientific Studies is $368,000.
The Implementation Agreement is for the Project Management of the Special Scientific Studies
and Administrative Oversight to be accomplished by the Gateway Cities Council of
Governments (GCCOG) related to the Los Angeles River Metals TMDL (See Attachment A). It
is estimated that the City of Arcadia's share for the Project Management and Administrative
Oversight of the Special Scientific Studies will be $7,090 over a three (3) year period.
Staff asked the City Attorney to review the Implementation Agreement to make sure that it was
acceptable and that it addressed any concerns that the City of Arcadia may have. After
reviewing the agreement and the cost sharing funding formula, the City Attorney approved the
Implementation Agreement and funding formula.
Page 2 of 5
Mayor and City Council
August 21, 2007
Coordinated Monitorina Plan - Phase 2
The Los Angeles River Watershed Management Committee (LARWMC) recommended
formation of a Los Angeles River Metals TMDL Technical Committee (TC) and tasked the group
with preparation of a mandatory Coordinated Monitoring Plan (CMP). The monitoring program,
which includes both ambient and effectiveness monitoring requirements, will begin as soon as it
is practicable after the CMP is approved by the LARWQCB. The CMP was completed and
submitted to the Regional Water Quality Control Board on April 11, 2007. Consistent with the
TMDL, the CMP includes the purchase and installation of approximately nine (9) auto - sampling
devices in the Los Angeles River to assess the watershed's ability to comply with the Metals
TMDL as it relates to concentrations of metals in wet and dry weather water flows. The goal is
to monitor water quality at key locations along the river.
The estimated cost for the first year of the CMP is estimated at $665,000, which includes annual
monitoring costs. These costs may change based on comments received by the Regional
Board. As a result, the first year estimated costs to the City of Arcadia would be $12,816 based
on the Metal TMDLs allocation formula. At a later date, staff will return to the City Council for
approval of the City's participation in this phase of the program.
Scientific Studies — Phase 3
It has been found that significant amounts of the metals found in urban runoff originate from air
pollution, including copper (brake pads), zinc (tire dust) and lead (aviation fuels). These metals
also occur naturally in soils and can be carried downwind from brush fires or washed into the
rivers as burned areas erode during the rainy season. Although these sources are beyond our
regulatory control, the Metals TMDL makes no load adjustments for them, and cities are
consequently responsible for them.
After careful review of all of this information, the Steering Committee is recommending two
Scientific Studies. These studies will be expensive — estimated at $3.97 million over the next
three - years. However, the Steering Committee strongly believes that these studies should be
completed in order to provide the science necessary to properly support the Metals TMDL, and
if necessary, to modify the existing TMDL waste load allocations based on the results of these
studies. The recommended Studies are:
• A Site Specific Objectives/Water Effects Ratio (SSO/WER) Study
• An Atmospheric Deposition/Watershed Runoff (AD/NR) Study on the Los Angeles River
and its major tributaries i.e. Rio Hondo.
Recognizing that the cost of the Special Studies is beyond individual local agency staffing and
budget limitations, the Steering Committee has recommended that the watershed agencies
collectively fund the studies relying on the cost allocation formula. As a result, the total overall
cost of the Special Studies to the City of Arcadia would be $76,502 over a three (3) year period.
At a later date, staff will return to the City Council for approval of the City's participation in this
phase of the program.
Page 3 of 5
Mayor and City Council
August 21, 2007
Funding Formula
The Steering Committee agreed on a cost sharing funding formula that would be fair and
equitable for all of the cities and regulated entities in the watershed. The cost sharing formula is
based on square mileage of each community or entity in the watershed. The formula
establishes a base amount of $500 per City plus each agencies allocation for every $100,000
spent to complete each of the three (3) phases described in this report. For example, based on
the Cost Allocation formula, the City of Arcadia's share of the $5 million project is estimated to
be approximately $97,000.
m9a
$5,003,000 / $100,000 = 50.03 units x $1,927 = $96,408 + $500 = 96,908
CONCLUSION
Based on GCCOG's experience in administering multi- agency agreements with Los Angeles
County, Caltrans and other local agencies, staff is recommending that the City Council authorize
the City Manager to enter into an agreement with them for Project Management and
Administrative Oversight of the CMP and Special Scientific Studies for the Los Angeles River
Metals TMDLs in the amount of $7,090 for the City of Arcadia's cost share. This amount
assumes all 40 agencies in the LA Basin participate.
If this proposed plan and study are not completed and the City is required to meet the existing
mandates of the Metals TMDL for storm water, the net impact on the City of Arcadia over a 20
year compliance period could be approximately $285 million. This figure includes capital costs
for construction of treatment plants and annual maintenance and operation costs. These figures
were taken from a 2002 USC analysis of what the costs would be to comply with all of the
proposed TMDL's.
As the second and third phases of the program develop, staff will bring back individual
proposals for the City Council's consideration and action.
FISCAL IMPACT
There are sufficient funds in the 2007 -08 and 2008 -09 Capital Improvement Plan budget to support
the City of Arcadia's projected shared costs of this Agreement.
Page 4 of 5
Regional Distribution
Cost Units
Cost
Allocation
Arcadia's Cost
Base Cost
$
500
Project M mt
$ 368,000/$100,000
= 3.68 *
$1,927 =
$
7
Coordinated Monitoring Plan
$ 665,000/$100,000
= 3.68 *
$1,927 =
$
12,816
Scientific Study
3,970,000/$100,000
= 3.68 *
$1,927 =
L
_ Z6 02
Totals
$ 5,003,000
$
96,908
m9a
$5,003,000 / $100,000 = 50.03 units x $1,927 = $96,408 + $500 = 96,908
CONCLUSION
Based on GCCOG's experience in administering multi- agency agreements with Los Angeles
County, Caltrans and other local agencies, staff is recommending that the City Council authorize
the City Manager to enter into an agreement with them for Project Management and
Administrative Oversight of the CMP and Special Scientific Studies for the Los Angeles River
Metals TMDLs in the amount of $7,090 for the City of Arcadia's cost share. This amount
assumes all 40 agencies in the LA Basin participate.
If this proposed plan and study are not completed and the City is required to meet the existing
mandates of the Metals TMDL for storm water, the net impact on the City of Arcadia over a 20
year compliance period could be approximately $285 million. This figure includes capital costs
for construction of treatment plants and annual maintenance and operation costs. These figures
were taken from a 2002 USC analysis of what the costs would be to comply with all of the
proposed TMDL's.
As the second and third phases of the program develop, staff will bring back individual
proposals for the City Council's consideration and action.
FISCAL IMPACT
There are sufficient funds in the 2007 -08 and 2008 -09 Capital Improvement Plan budget to support
the City of Arcadia's projected shared costs of this Agreement.
Page 4 of 5
'Mayor and City Council
August 21, 2007
RECOMMENDATIONS
Authorize the City Manager to enter into an agreement with the Gateway Cities Council of
Governments (GCCOG) for procuring Project Management and oversight of Special
Scientific Studies for the Los Angeles River Metals TMDLs in the amount of $7,090.
Approved: - F- '
William R. Kelly, City Manager
PM:TT:ST:df
Page 5 of 5
f....
A �.
o STAFF REPORT
0m unity ai Hs�b
Public Works Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Directo
Prepared by: Marie Nguyen, Management Aid
SUBJECT:
SUMMARY
On September 7, 2004, the City Council awarded a one (1) year contract to CLS Landscape
Management Inc. (CLS) with optional contract extensions to perform tree - trimming
maintenance services for the City. CLS is reaching the end of their second contract
extension and has submitted a written offer to extend the existing contract for an additional
one (1) year. The contractor's offer of extension reflects a 4% Cost of Living Adjustment
(COLA) to help offset the increasing costs of fuel and operations. All other conditions of the
Agreement will remain in effect. The total amount of the contract also includes $25,000 for
the Crown Restoration Capital Improvement Project.
Based on the excellent level of tree trimming services provided by CLS, staff recommends
that the City Council award a one (1) year contract extension to CLS Landscape
Management Inc. for tree trimming maintenance services in the amount of $300,000.
DISCUSSION
The Public Works Services Department is responsible for the care and maintenance of
approximately 17,000 trees located in City parks, right -of -ways, medians, and public facilities
throughout the City. Currently, CLS is the contractor responsible for following the Grid Tree -
Trimming Program. This program is intended to provide a four (4) year tree trimming cycle
where all trees in the City are trimmed at least once every four (4) years. City crews mainly
respond to the vast amounts of service requests from the residents as well as aid in the daily
care and maintenance of trees in the City. City crews in conjunction with CLS work to
Page 1 of 2
$ 300,000
Recommendation: Approve
Mayor and City Council
August 21, 2007
provide the general upkeep of the existing tree stock, mitigate immediate public safety
hazards, and allow for minimal tree replacement.
Many of the existing large Stone Pine and Ash trees are losing limbs due to the age of the
trees. As a result, the City Council approved a $25,000 Capital Improvement Project (CIP)
for Crown Restoration. This is a pruning method that would help alleviate the loss of large
limbs and preserve the health of the large aging trees. Crown restoration would also reduce
the potential for legal claims due to large tree limbs falling. Additionally, this pro- active
approach would cut down on potential legal claims, and give residents comfort that these
trees are being trimmed in this manner. CLS has agreed to perform the Crown Restoration
CIP as part of this year's contract extension in the amount of $25,000, which is included in
the contract amount. CLS has the expertise and experience.of performing crown restorations
properly for the City.
CLS has submitted a written offer to extend the existing contract with a 4% COLA for 2007-
08. The requested COLA increase is due to the fact that all of the tree trimming and disposal
equipment are completely dependent on gasoline powered engines; staff is recommending
the contract extension with the suggested 4% adjustment in rates. The. contract amount also
includes additional funds for emergency assistance to remove trees or tree limbs in the event
of a windstorm or other natural disaster.
Staff recommends that the City Council award a one (1) year contract extension to California
Landscape Service Inc. (CLS) for tree trimming maintenance services in the amount of
$300,000.
FISCAL IMPACT
Sufficient funds are available in the Operating Budget for annual tree trimming maintenance
services in the amount of $275,000. Additionally, $25,000 is budgeted in the Capital
Improvement Project budget for tree crown restoration.
RECOMMENDATION
1. Award a one (1) year contract extension in the amount of $300,000 to California
Landscape Services Inc. (CLS) for tree trimming maintenance services.
2. Authorize the City Manager and City Clerk to execute a contract extension in a
form approved by the City Attorney.
APPROVED:
William R. Kelly, City Manager
PM:TT:DT:df
Page 2 of 2
STAFF REPORT
Public Works Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire r
Prepared by: Tom Tait, Deputy Public Work ervi es Director
Dave McVey, General Services Superintendent
SUBJECT:
SUMMARY
On August 19, 2003, the City Council approved a one (1) year Agreement with optional
extensions to Sheldon Mechanical Corporation for the Heating Ventilation and Air
Conditioning (HVAC) preventative maintenance and service contract for all City
facilities. Sheldon Mechanical is reaching the end of their third (3) contract extension
and has submitted a written offer to extend the existing contract for an additional one (1)
year. The contractor's offer of extension reflects a 2.0% Cost Of Living Adjustment
(COLA) for increasing labor costs, increasing the contract amount by $2,200 annually.
All other conditions of the Agreement will remain in effect.
Based on the excellent service provided by Sheldon Mechanical during the previous
years, staff recommends that the City Council award a contract extension in the amount
of $109,900.00 to Sheldon Mechanical Corporation for the HVAC preventative
maintenance and service at various City facilities.
DISCUSSION
The Public Works Services Department (PWSD) is responsible for the maintenance of
all City facilities. PWSD contracts with Sheldon Mechanical Corporation for the
preventative maintenance and major servicing of HVAC equipment for all City facilities.
The contract includes monthly routine preventative maintenance as well as any
extraordinary repairs that may arise at City and/or park facilities.
Page 1 of 2
Mayor and City Council
August 21, 2007
Additionally, this contract includes work to be done on Capital Improvement Projects
(CIP) for 2007 -08. Examples of the projects to be completed are: Annual Replacement
of HVAC Rooftop units, Replacement of HVAC Unit for Council Chambers Video Room,
and Relocation of HVAC Equipment at Fire Station 106.
On August 19, 2003,. the City Council awarded the HVAC preventative maintenance
service contract for the various City facilities with optional annual extensions to Sheldon
Mechanical Corporation. Sheldon Mechanical is reaching the end of their third (3)
contact extension and has submitted a written offer to extend the agreement an
additional one (1) year with a 2.0% (COLA) for labor rates. Based on their excellent
service in the past four (4) years, staff is recommending that the City Council approve a
third (3) contract extension in the amount of $109,900.00 to Sheldon Mechanical
Corporation for HVAC preventative maintenance and service for all City facilities.
FISCAL IMPACT
Sufficient funds have been budgeted in the 2007 -08 Operating Budget and Capital
Improvement Budget for this contract.
RECOMMENDATIONS
1. Award a one (1) year contract extension to Sheldon Mechanical
Corporation for the HVAC Preventative Maintenance and Service
Contract for various City Facilities in the amount of $109,900.00.
2. Authorize the City Manager and City Clerk to execute a contract
extension in a form approved by the City Attorney.
Approved: !E
William R. Kelly, City Manager
PM:TT:DM:df
Page 2 of 2
Y
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w�we s. ssrs
CaO �aalty oS �a�`• STAFF REPORT
Public Works Services Department
DATE: August 21, 2007
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direct
Prepared by: Tom Tait, Deputy Public Works'Se ices Director
Dave McVey, General Services Superintendent
SUBJECT:
THE AMOUNT OF $72,500
Recommendation: Approve
SUMMARY
Staff is recommending that the City Council award a purchase order contract to Moss
Bros. Dodge Riverside for the purchase of three (3) 2008 Dodge Charger police patrol
units in the amount of $72,500. Funds in the amount of $117,000 have been budgeted
for vehicle acquisition, emergency lighting, and telecommunication equipment in this
fiscal year's Equipment Replacement Budget.
DISCUSSION
Three (3) 2008 Dodge Chargers will be purchased to replace three (3) current 2002,
2003 and 2004 Ford Crown Victorias that have high mileage and meet the City Vehicle
Replacement Criteria schedule for police patrol units. The total amount to purchase
three (3) new Dodge Chargers is $72,500. The remaining funds in the Equipment
Replacement Budget will be used to equip the new vehicles with tire safety bands, push
bar, cage, fueling transmitter packages and the contracted installation of all emergency
and telecommunication equipment.
Staff investigated cooperative purchase agreements (also known as "piggy- backing ")
with other larger municipalities for vehicles with specifications that are equal to or
greater than the City of Arcadia's. The City of Los Angeles Police Department, in
cooperation with Moss Bros. Dodge Riverside, has authorized the City of Arcadia to
receive the same price as their purchase order for the 2008 Dodge Chargers. This
benefits the City by allowing the purchase of these vehicles at a low competitive price
per unit.
Page 1 of 2
Mayor and City Council
August 21, 2007
Staff has determined that this vendor is a qualified company providing vehicles that
meet City specifications and therefore, recommends that the City Council award a
purchase contract to Moss Bros. Dodge Riverside for the purchase of three (3) 2008
Dodge Charger Patrol Units in the amount of $72,500.
FISCAL IMPACT
Funds in the amount of $117,000.00 have been budgeted in the 2007 -08 Equipment
Replacement Fund to purchase and equip these vehicles.
RECOMMENDATION:
1. Approve the purchase of three (3) 2008 Dodge Charger patrol units in
the amount of $72,500 from Moss Bros. Dodge of Riverside.
2. Waive the formal bidding process and authorize a cooperative purchase
agreement with Moss Bros. Dodge of Riverside using the City of Los
Angeles Police Department 2007 purchase order unit prices.
Approved: ! �dU
William R. Kelly, City Manager
PM:TT:DM
Page 2 of 2
,M.-
STAFF REPORT
Recreation and Community Services Department
Date: August 21, 2007
To: Mayor and City Council
From: Roberta M. White, Director of Recreation and Community Services
Pat Malloy, Public Works Services Director
Robert P. Sanderson, Chief of Police
Don Penman, Asst. City Manager/Director of Development Services
Subject: REPORT DISCUSSION AND DIRECTION REGARDING SECURITY
MEASURES FOR BONITA PARK AND SKATE PARK
Recommendation: Provide Direction
SUMMARY
At the June 5, 2007 City Council Meeting concern was expressed regarding the excessive
amount of graffiti in the city, especially at Bonita Park and the Skate Park. The Police,
Recreation and Community Services and Public Works Services Departments have worked
together the past three months to identify the problems, review alternatives and offer
recommendations to reduce graffiti and deal with facility security.
BACKGROUND
Bonita Park and the Skate Park are well -used city recreational facilities, located in a densely
populated area of Arcadia. Graffiti at Bonita Park and the Skate Park increased dramatically this
spring. The following actions have been taken since that time:
1) A wrought iron fence has been installed around the Skate Park (see attached photos.)
2) The Public Works Services Department maintenance contractor opens the gates at the
Skate Park when they unlock the bathrooms at 8:00 am every morning. A Police Officer
locks the Skate Park gates at 10:00 pm every evening.
3) The chain link fence and gates from Second Avenue to the outfield of the baseball field
are kept locked unless an event is occurring. In addition, the 15 feet tall fence between
the baseball field and the Skate Park is also kept locked except during events.
4) Recreation and Community Services staff members have made visits to the park and have
informed those using the Skate Park, that the Skate Park can be closed if graffiti isn't
brought under control. (We considered having signs made that state this, but we haven't
done that yet and it may not be necessary.)
DISCUSSION
The Directors of Public Works Services, Recreation and Community Services and the Police
Chief met several times to consider possible solutions to the Skate Park graffiti problem as well
as overall Bonita Park security. It should be noted that just these four measures mentioned above
have reduced Skate Park graffiti to two small incidents in June and none in July. However
tagging of the inside and outside of the rest rooms has continued but at a lesser amount.
In addition to the above noted actions that have already occurred, the following longer -term
solutions were received, with estimated costs noted.
1) Install signs that state " Entering the Skate Park when it is closed is considered
trespassing and violations will be enforced according to the Penal Code, including
possible arrest of suspects" - $200.
2) Install lights that come on when motion is detected after hours - $6,450.
3) Install water sprinklers that come on when motion is detected after, hours - $7,500.
4) Install a video surveillance camera system with a direct live feed to a monitor at the
Police Department Dispatch Center - $15,000 to $20,000.
It has been proven that security cameras can serve as an effective deterrent to crime. The
proposal is to have three cameras that film the Skate Park and Bonita Park after hours. These
cameras would record during all designated hours, as well as being a direct feed to the Police
Department Dispatch Center. There would be a monitor at the Center, which would show four
views at once, the three from the cameras and one sensor that would be activated if the cameras
were disturbed. The monitor would flash to alert the Dispatcher if motion is detected. This is a
preventative measure so an officer could be dispatched while a crime is occurring. The video
recording can be reviewed if necessary and used as evidence in an investigation or prosecution.
FISCAL IMPACT
The estimated costs of the four new security measures are noted above. Although no money has
been appropriated in the 2007 -08 General Fund Budget, there is a good possibility that the
Redevelopment Agency Budget could be used for all or a portion of these improvements. Bonita
Park is immediately adjacent to the City of Arcadia Redevelopment area, so removal of park
vandalism and blight could benefit the project area, since it would present a more positive image
of the City and help ensure community well being and quality of life.
CONCLUSION
The referenced security measures will act as a deterrent to the graffiti and vandalism problems
that are occurring. However, these improvements will not always guarantee that we can catch
the violators.
RECOMMENDATION
Provide direction regarding the proposed security measures for Bonita Park and the Skate Park.
1) Install no trespassing violation signs at a cost of $200.
2) Install motion detector lights at a cost of $6,450.
3) Install a motion detected sprinkler system at a cost of $7,500.
4) Install a video surveillance camera system at a cost of $15,000 to $20,000.
5) Make no changes and monitor issues.
APPROVED: ==_="1
William R. Kelly, City Manager
0
feve .1.
•upn 5. Lf09
Q'ItY°fN STAFF REPORT
Public Works Services Department
Date: August 21, 2007
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire c or
Prepared by: Maria P. Aquino, Management Anal st
SUBJECT: Establishment of a Citywide Street Li-ghting Assessment District
Recommendation: Provide direction
SUMMARY
Provide direction on the proposed citywide street lighting assessment district to address
current issues relating to street lighting assessments and system reliability. Key issues
for the City Councils consideration include:
1. Maintenance and replacement of the City's aging street lighting system,
2. Santa Anita Oaks Home Owner's Association's request to upgrade its poles,
3. Inequity of assessments within the City,
4. Approaching termination date of existing assessment districts.
BACKGROUND
During the early 1970s, under the Street Lighting Act of 1919, the City's existing lighting
districts were consolidated into a single district. Since then, various significant areas of
concern have developed: aging street lighting systems, Santa Anita Home Owner
Association's request for upgrading their street lights, inequity of assessments within the
City; and the approaching termination date of existing assessment districts to June 30,
2010.
On August 15, 2006, the Council directed staff to proceed with an analysis of a potential
citywide street lighting assessment district via the Landscaping Lighting Act of 1972
(LLD 1972) to address the current street lighting issues.
Due to the complexity of this analysis, which involves varying conversion improvements
throughout the proposed district boundary and inequity of assessments, the City Council
awarded a Professional Services Agreement to MuniFinancial for the assessment and
potential formation of a citywide street lighting assessment district. Since that time, staff
has worked closely with MuniFinancial in analyzing the formation of a potential citywide
street lighting assessment district.
Page 1 of 4
Mayor and City Council
August 21, 2007
On June 5, 2007, staff and MuniFinancial presented a brief overview of the results of
our analysis. A total of 16,480 parcels were reviewed and analyzed. This project was
far more extensive than what was anticipated because of the substantial data that
needed to be evaluated, which compounded the intricacy of the process.
DISCUSSION
Citywide Street Lighting Assessment District — Existing Street Lighting
The proposed citywide street lighting assessment district would replace the existing six -
zones: Zones A — E and Un- zoned. The entire City would be converted to three zones
(see attached maps).
• Zone 1 — area with Lights
• Zone 2 — area with sporadic lights
• Zone 3 — area with no lights
Reducing the zones from six to three would easily identify the areas to be assessed
based on the level of benefit from street lighting and consequently, provide an equitable
cost distribution for the entire City.
The proposed assessment fee would be based on the annual street lighting cost benefit
for each parcel (local) plus 50% of the shared portion for all regional (primary and
arterial) street lighting maintenance costs. The estimated assessment that the property
owners would pay annually is as follows:
Zone
Regional
Cost
Local
Cost
Incidental
Cost
TOTAL
1
$5.00
$28.00
$3.00
$36.00 per parcel per year
2
$5.00
$ 6.00
$3.00
$14.00 per parcel per year
3
$5.00
$ 0.00
$3.00
$ 8.00 per parcel per year
Area 8: Santa Anita Oaks Home Owner's Association - Upgrade of Street Lighting Poles
The Santa Anita Home Owner's Association has requested an upgrade of their street
light poles in Area 8 (see Attachment B). To accommodate their request the costs for
new street light poles, material and construction would need to be included in their
annual street lighting assessment. The cost to complete this work is estimated to be
approximately $482,000. Based on this cost estimate, an additional cost of $175.00 per
year would be added to each parcel in Area 8, bringing their annual cost per parcel to
$211.00 per year. (Construction cost includes a 5% annual interest over the principal for
20 years).
Zone
Regional
Cost
Local
Cost
Incidental
Cost
Construction
Cost
TOTAL
1
$5.00
$28.00
I $3.00
$175.00
$211.00 per parcel per year
Page 2 of 4
Mayor and City Council
August 21, 2007
6.6v Street Lighting Conversion
Approximately 330 streetlights in the City located in four (4) areas (attachment B —
street lighting areas 4, 5, 6, and 9) are energized with 6.6 amps, 2300 -volt circuits and
are on the verge of failure due to age and lack of available replacement parts. Parts are
becoming less available making system repairs difficult and neighborhoods may lose
their streetlights indefinitely. The cost for calculating the estimated annual street lighting
assessment per parcel would be similar to the calculation for Santa Anita Home
Owner's Association based on an estimated cost of $3.9 million: annual zone
assessment fees plus the construction costs apportioned annually over a specified
period of time, 15 to 20 years (including the interest rate).
Termination of Existing Assessment Districts
On June 19, 1990, Resolution 5536 set a Lighting Maintenance District expiration date
of June 30, 2010, which obligates the City to discontinue collection fees for these
lighting Districts. At that time, without a new Assessment District, the burden to support
streetlights throughout the City of Arcadia would fall on the General Fund. This Fiscal
Year's budget includes $752,342 to maintain and energize all streetlights in the City.
Street Lighting Assessment District Formation via Landscaping and Lighting Act of 1972
(LLD 1972)
The Landscaping and Lighting Act of 1972 requires the formation of a maintenance
assessment lighting district in order to fund the operation, maintenance, and
construction cost of public street lights. Proposition 218 also requires voter approval of
the assessments, with a 45 -day notice to the property owners prior to the vote. An
Engineer's Report would set the maximum annual assessment rates for the new
assessment districts being proposed. The votes are weighted based on the Engineers
Report's assessed value of their property and ballots are tabulated at the Public
Hearing. Only those ballots received are counted and the proposed assessment would
pass if the weighted "Yes" equals or outnumbers the weighted "No" votes, or if no
ballots are returned. A brief outline of the formation process is attached for your
information (Attachment C).
Time Line for Assessing Districts: Area 8, Areas 4 — 6 and 9, and Citywide
Per Council's direction and approval, the following proposed schedule outlines when the
street lighting assessment process would occur:
October 2007 — Area 8 (Santa Anita Home Owner's Association)
January 2008 — Areas 4, 5, 6 and 9 (6.6volt Street Light Conversion)
June 2008 — Citywide Street Lighting Assessment District
Based on the information provided, staff is seeking direction from the City Council on
how to proceed with the proposed citywide street lighting assessment district including
street lighting conversion and upgrades in various areas.
Page 3 of 4
Mayor and City Council
August 21, 2007
Public Outreach
Before balloting occurs, public outreach is essential to the street lighting assessment
process. With over 16,000 parcels, it is important to provide substantial citywide public
outreach efforts explaining the property owners the need for street lighting
assessments. The public outreach could take many forms: mailing informational
materials, conducting multiple community meetings to discuss the proposed district and
assessments. Currently, the contract with MuniFinancial does not cover this scope of
service and an amendment to our Professional Services Agreement with them would
need to be negotiated.
FISCAL IMPACT
The approximate cost to upgrade the City's existing street lighting system from 6.6v
amps to 110 -volt system is $3,900,000 and to upgrade the Santa Anita Home Owner's
Association (HOA) street light poles is $482,000. Currently, the City's portion of
streetlight operation and maintenance costs is approximately $339,000 per year; and
the district's portion is approximately $413,000 per year totaling $752,000 in annual
street lighting costs.
Upon the establishment of a citywide street lighting assessment district, the LLD 1972
would allow the City to collect a special benefit assessment through the property
owners' annual property tax bill to fund the lighting district improvements /upgrades, as
well as paying for their portion of ongoing maintenance and operational costs.
Additionally, a citywide assessment district would provide an equitable cost distribution
for assessing street lighting improvements and maintenance costs.
RECOMMENDATION
Provide direction on the establishment of a Citywide Street Lighting
Assessment District.
Approved:
William R. Kelly, City Manager
PM:MA:df
Attachments
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LANDSCAPING AND LIGHTING ACT OF 1972
(Formation of a Maintenance Assessment District)
Property Owner Petition and
Funding
Initiates request to form district
Assessment Engineer's Report
City hires an Assessment Engineer to
prepare report and create the
assessment methodology.
Resolution of Intention
Proposes Formation, Describes Improvements,
Specifies Boundaries, Sets Hearing Date and
Time, Determines Location
Changes in Intention Public Hearing Written Protest
During or Following Filed Prior to
Hearing End of Hearing
Determination of Majority Vote
Abandoning Proceedings Resolution Ordering Formation of
Abandon = Protest of Owners of Maintenance Assessment District
50% Weighted Assessments Adoption of Resolution Shall
Received Constitute Levy of an Assessment