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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 Co W� 'O N Z o M W m WW L v/ r Q w U) QO N Q O O LL O N J V �F+ d 0 tm m m 7 V W O rr o N � M W Z !C O> L) O V O x N W T ,' V! a B85! r t0 O M r-- r-. V' co m I— M O h m co co V O I Uf M N N M It to I� O N LQ W O M cc (3 N LQ W CL W O) m O O O O r r N N N M +. 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V) 6% Vi (a 6 Vi V3 69 V) V) Ca y M V N N Vl O M M N (O M M M r• Lo I- N m O 00 O m O O O O N CO V N (1') V (O V) ( M m m , N VJ N M M (O U) (O m n V' m Q- M co -I V d' V IQ -cr V V V'I LO (O m Lo (ri V) m r 6%W 6964696i N Vi V) V9 Vi 69 Vi 6% w6%Vi 64 Vi N M M V' N N l0 O M M N i- M N M M r m r O O O O O N VOA m N LO MO m ¢ 1� M m O, N M V' M Mrl- co m '- N co V] (D r aco oi co IT cvvvv vvvv((i (nui(riui vi „d„ » V> 69 Vi V) Vi 69 Vi 69 69 Vi N Vi 69 Vf 69 69 69 m N � R d a) V V = a a+ N O O Q N- R 0 0 N •(2 CR7 = N N 0ZZ d ° c= Z Z rn i! d��c V ymRa)m M R N N `= O d' cc m R C N N V N C al V 0 C E d C 7 i+ U O) (� C Q = 0' O O t R R a o= = R R R r d ++ O o o a n E = E c w A d d O = = 'v 0 O C t ( (0 a j. 3: 21 1 K (0 2 n O. 2 U co (A O. W H M (o M m 0 N M v7 u] V)MMMMM MMMM07 y QV7 C R 7 K Z W Z o Q N H. 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N m d m c A ° a awyn c!3 a o V z r= d d C 7 c d 7 C =E 4V m �Ey( =a iEr o p) N L N c d m y L L a d d d O w A A L .. d p p v c d 3 A an d 0 y 0 7 A 'r d 0 o c 3 I I I I X I (D >M x a 0 1 1 I V) U) 0m w L 22 2 � � d)O(D d� -. NM V In CID Co 0)O N M d )O 0 M 0 0 f0 0 0 fD CD CD CD CD (D 0 n 1 n n c E d z d' 2 W 0 z O N � M J LV Z N Q � 1 C) Q ° � N Q T U. U E d co m co co O m m M co O)Ln co co O r M V'Nr0 r co uO IO (D c0 co O N IO 0) m co R O (D V N O O iD r 0) co U r ON V (D M.- V r mN yM — IT r r r00 OD 6 C 0)0)00 O OOI I NN EA fA E9 EA 69 EA EA CO EA EA 60 EA E9 E9 y in (n in i9 in in <A En i» m co m co O 00 m m co 01 y 0 (D O r co V N r 0o r co In cD O O co O N (D m m co V O (O It N O a m IO r W Mm r O N7O Q) I— ',t r- O)NNO� yr r rr co 00 oDm m o)O)O) O 000 —N �+ 69 69 69 EA fA 6969 (n 60 (n 69 69 fA U) (n 59 69 v) (nn 69 i» in OD m co m co (D O 0) m m N m (O m M O r M V N = O co r co (D (D (D (D w O N (D 0) co O 7 O CD V N N M - In r D) - M N r ONIt (D 0) -v r 0 (DOD r r rr r N oD 6q O7 O1 0101 O) O) 0000 FA EA EA EA E9 EA E9 fA EA N EA fA FA EA y i9 i9 (»i»iA (n (» co co 0) co m co (D O O m m co W In of O O r M V ur M O co r O m M O O co O N IO m m N V 0 O V N C N m In r 0) -I M If) r O N V (D 0) V r 0) N In CL r N r r co coy yO)mm m MOOOO d fA (A 69 69 V9 69 69 EA 69 1+9 69 fn 69 (A W (A W 69 to W69 co co W m m co O O 1 O m m co 0 (D co O O r M LL O m O co r (D LO m (D CD co O N m m co co It O (D V O7 O NM M r Q) — M (D r ON � (D M ar W N w r r r r r r m co co co m m 0) 0) 01 0 0 0 0 En (A 69 69 (n (n W EA V) 6q 69 (n v) 69 69 v) y 69 u9 69 (» (A It M 00 W m m co O O 01 m m co m N CO CO O r W M (O m 0 00 r c0 M M O (D N O N N M m N V 0 (D O OD ON m IOr O� Myr 0 N 7 CO COM 11 r (� to r r r r r r co w m oo D) 6 O) 0) Oi 0 0 0 0 d » En EA V> Ge 69 fA 69 E9 EA W » » 69 09 69 (A N wce 6969 V' -m W 0) M My Co m m m co W In OOO� p co 0) (D m O 00 r O y y O (D co O N (D Q) m 0 V 0 In O OO O N m n r 0) I M In r C N V (O 0) • '7 r CL Uo (O co r r N N r r O OD co co m m m m 0) 0 0 0 2 (n (A (A fn CO 69 69 A (A 69 49 E9 69 69 (9 (A EA W y in iA i» M 00 m m m 00 (D O 0) CO m co 0) In co co O V r co 0) co m O co r O In In co co co O N (D 01 m 00 V co y w co O N M In r 0 .- M (D r O N V (D m — V CL (6 (D O(O r r r N r co co co c0 mO) 010)0)00 ad+ 69 69 (A 69 69 69 69 69 fn En V) 69 GS (A FA (A EA ea (A y (9 EA m 7 m co mm co co OO M m mm m0 m(D m r m m (D co O co r O (O N CO (D W O N (O O m o0 N M In O W O N CO. IQ r O � CO (D r O N V (D 0) O• w co (D (o (D r r r r r N N N D) a) Oi a) m O 264 69 (A (9 (A 69 EA (A 69 En 69 69 EA fn 69 69 69 fA (A W .- y � v 00 c m 00rn Mm0o(O O mmm00rnln00 QcD r- M 0) (OM Oy r Ot U (D to w ONNmm O C Cl N cO o0 O N M 10 r m - M (O r O N 7 (O 0) CL co O O O co co r r r r 69 r co co N 0) 0) W O 01 +; 69 fA fn EA 69 EA (» Ffl E9 fA 69. FA fn EA (n (n En (» fn fn 69 EA y y t O) 0 V C 0 d R N C N 0 5 N ^p c d E Q Q' a. Co O1 y 9 C N c. cn co d O G N R C C 10 d C 0) c E V d CL d 7 d d R c d 0I t Q Y y E En o a 2 0 g' E cl c 2 C+ R a `o m E .- a5 -° c o ( d m a 0 r j o R y u> c O (� d O) 7 •- d C C d a) d d W O W t y d d a L d V O 0 (? N u d- 7 C p E c E R U R E c d m o c E y y d yRE� w yEcooccad)o�R•� d CM y .0 O V d l) i d — •�, V 7 d d C 7 0 d L) L) W U) E fA71iJa W m l iz C7 tL =Up U d V N r w rr r W O O N M V in w r 00 0) O m N m� 0)ar r r00 0000 00 000000 00 0000 O1 O)0 c E 7 w R 2 W 0 Q N Z I.V Q J a N Q a V� Li Q LL O U O r O N O M W Z D 1 ) O / V/ O O N r J d E d m a S m w m co N m O m N n 0 0 V n m m n 0 K 0 m N O m n O N MO n 0 N C n O M m m C '0000 0000 V) V) V) V) y V) to to 6» (n co (» N co O m N n 0 0 v n Mon q0 V 0 MON ON cc O N m n 0 N V n O M 0 m 0 0 0 0 0 0 0 O y V) 69 V) V) V) V) (A V) V) V) Vi 69 V) N N m O 00 N n 0 c0 -It _ M m n V 0 V 0 MO N O MO n ON V n 0M G co N Oi 0 0 0 0 O_ O_ O_ ,_ M V) V) V) V) V) W fA co V) A V) w m m N 000 m N n 0 0 �C N V rO MOB 0 N W M M M M 0 M 000 2 V) fA V) 69 V) 6s V) 6s V) V) 6A V) m m N m O m N n 0 LL N N V m O N m 0 0) n CL C6 m m m 0 0 0 0 0 0 0 0 w 69 V) V) V) (A) (A V) V) V) N V) V) V) 0 MO NMO mN n W 0 0 0 M M O n 7 0 V 0 0 N R m m O N m n 0 N V' Qr-mmmo mmo 0)0)00 2 (A) fA V) V) V) V) V) V) V) (a co 60 m 0) m m N m O m N 00 0 0 0 M m n V 0 R R 0 N '7 m m O N m n 0 N CL n n m m m m 0 0 0 0 0 0 V V) V) V) W V) V) V) W V) V) V) 69 7 00 0 MO (O N m O m N U 0 0 0 0 Cl) M O n V 0) m m 0 N v m m O N m n 0 n n r� 00 00 00 00 0 0 0 0 0 64 V) » » U9.60 V) V) 69 V) (A V) CO co 7 m 0 m m N m O m m N O N 0 M LO N m m 0 m O N m CL r-: r rl: ao ro 06C of of of 0i 4; (0) V) V) (.) V) (i) V) 64 V) 69 V) 69 y n 00 N 0 0 m N m 0 0 a N' m N O N m O It m Oct MO n n r r m m m 00 0 0 0 2 V) V) V) V) V) (") V) V) V) V) in 69 N d y t `m C L V L U c c U m c o m y o n d y co LL >_ m U N Q CO 0 3 H d LL LL d 00000000 O O O O y N M 7 0 m n m 0 O N CO 41 m m m m m m m m m 0) m 0 01 c E � 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 0 . :, -S ,W CD V 0 N Z o M .y W LL ♦ a ♦te� W U) aw ❑ co aO ti ao L O O H � U � d ca V d x W c o = o N M � w Z� O > H 0 x N LV T '' v/ q � V Rml r '00"o h t` v W m r co co n m co co V O� n M N N M K W S O N (0 W O M W m N n W y m 0 66 O r r N Cq N M 64 r r y 6%Gs 66% ea es en 6% r Va Uafi fa N — 'o W M r` r V co m h co W (0 m co W '1" O h (0 M N N M V (0 r` O N n W O M 0 m N U7 W w m m C5 0 O_ O r r N_ N 6T 63r _N V7 b3 Vs fA 64 69 64 ffl fa 63 69 69 CD N r W (D c7 �- h V co m r M _ r 0 m co W It O ti 0 M N N M M in h O N LO W O M w m N 0 am m m0 O C5 CT - �_NC4 w 6 69 69 _ r r r y fA 64 69 fa fa (a 69 63 64 ca N m N (D W M h V W m h m U 0) M W - It O X10 M NN O M (0 f - O N O W O M O M N m m m m O O b O r r r 63 fa V) fA r f- y 63 64 69 Ea Ea 63 69 f!3 V7 (L r m- h m m m 7 O h- to M N W O M U7 S O N U') co O Cl) W m wCm m OOOOr` - r r w 69 69 63 69 63 r r y 64 64 FA 6Y 63 fa Eil 64 'IT N m N W W co t- P�- V W w M h m r Lo m M co 7 n O h U7 Cl) (D 00 O M U7 I� O N co O M (O W co m m m m C 0 CT C r r w fR V3 69 613 69 fa r r U3 6 6 (fl 66 6 W CO CO h n "t 0 V U7 I-- m M m M W qT 0 1- U) 7 W co 0 M m Il- O N 0 W O M W W W m m 0 m 0 0 0 0 r r i fa 6% fa f4 64 6% 69 r r y 6ae96963 ee ea M N m N W (O M n V m M 7 u7 U N m (0 m M co 7 o 0 h N V W W O M W O N U7 W O am co coon ma d(3i 000r Y fA V) fa fa fa 64 6% 6s r y 6s 6 eaEl� co M d' r N m N (D W M lh m co M V in r, m t 0 m M W V 0 O N W W O M U7 h O N U7 W co c 0 co co m m m m m O o 0 o 69 64 6% 63 64 fa 69 69 fa U) 69� O W h M V' r N m N r CO W M ¢ V co co O M N tF :s l0 (O W O M (0 1.- M O W N n a1- W 06 to W W m a ; d Gm CT 69 69 6% 64 fa W 69 69 64 6% y s9 Ea V� N l p L O L O v u u t0 ` FD mco D p U) E u 0 w E 2 U v 0 D Z m m r U y 7 a p 0 O O co 0 m c U m L v 10 m a ¢ a ¢ wwww wwwwwwwww co r. 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C d mml N w O wN m mv (D Mn h V m V' m Mn N O N O N Mn h- O N V t` O M Mn w w ' m m m m 0, 0 0 0 CO 69 69 Eo EH » n o N w0wN t` m mv � M d t m v m Mn N O co R O N Mn � d Cl 7 Q O M Mn r w m m m m m 0 0 O r fA V3 E9 69 69 V3 N va %9 (n e9 e9 in Lo v r O co co _ (D m w O N Mn Ili m C '7 0) Mmn O d m w m m m m m N 0 V' O r O O M N 69 69 69 69 69 fA VH (n 69 69 69 69 69 Mn Mn N w O CO N d m O V M Ind (D w O N Mn v m vm Mn N d CJ 06 CJ m m m m d d N 0 V 0 O O d 69 69 69 (9 69 EIS 69 en N e9 (9 (» e9 Mn Mn N w O w N � m LL O N O M M V O W O n N n "I' m V m Mn CL w m w m m m n m m m N V 0 2 60 (9 69 (9 69 69 V3 69 fA 0 0 W in e !9 M (n O CO W d O O M MM r- m V N m N d' (D w O N Mn r m N 'V N Ih w w w w d d m d d 0 0 69 69 (9 603 69 69 69 69 EA EA N n (n (n m N LD N w O w N D O m cc M N n w m N V w w O N 0 n m N ti w co N w d d m m d 0 V>69 69 69 69 69 G9 69 V) 6969 , N by d' Mn m Mn LO w O CO N �OWO NMnNCl 0 0 t h N a CD "»- � �� :; 6 (n� w Mn 0 In Mn N w O w m N omoo i+) Mn� IT IT O w m N 7 m w O N d CL Gs69(969 X69 �(9 �fn0 w V Mn d to 0 0 a V N O m 0 0 c7 u N7 wmN'7 w wON 0 CD t- w w w w d m d 69 69 fn 69 f9 69 Ji (n 69 69 69 69 N d L y C L V L c U c c U c O N d o d L Ln r m LL >_ w U N CO N N N U d 0 d U- LL d O 0 0 0 0 0 0 0 0 0 0 0 0 w m W m t 0 d a m m m rn rn rn rn c E (v � �z mml � " 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 A:.' 00 / w c V O Z N O N M 6l. 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Cl F-� W SJaU ❑S cJJ(n N o L.7❑ > W x W V) QUp. 0 7 a) (n C UILJd d 0 N N i o m a] co m Q) LO L^ N M V In Q (0 Qfn °. f� co m Q O ❑ d to (o CO (o O to O c° cc r- C E m � � Z CD V z O Q r a7 O N � M J W Z f/) a� O a� U ° N a� 0 J U Q U LU a N M o:) W , O a cri < rl: 64 bl�6q M (D co O C6 �6 ~ 9 Vl M (n N _ m (n ( CL (D (D (D Q V3 ff) f9 U) M LO M n D cl D D D A Vd fA CD M M LL M n r CO Ln 6 ea w N t� W M w v 0) uo o M a y m ro p o 00 a d es6s� U) U � co o M (A EH 65 Ln LO rn m CR�� co LO a Lo �toN. a Lo vi vi N R � L L C � J a m .. a o •� � C = H N d r r m r m � at c E m m d Z oe 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 m Z Q N I.I. 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N M ' O O O C N M U) fD +; fA GA (A (A (A fA 64 63 EA 69 fA 64 EA 69 (A 64 ER EA f9 EA p O U7 7 W N O N co co O (o O "t O co O co O N� 7 � W Ln co V U (D f� O C O N M (M 0 0 T N co N CL d M V3 M fA M (A m (A M 6) M (A M 69 d' fA V 64 V' (A V f9 d' 7 V' 7 V' O m to m to fn fA 69 (A V3 (A fl; 64 fA (A 63 () co co O V' U) d' D) N O N M O O O O d' O O O O N CO O m N N ( m Q- N M M M v M LO M O M ti M M fA M O V' d' N 'V [t U) (D t- O O .- N CO y EtT V3 64 fA fA fA fA 6% EA f9 69> 6% ct 69 7 69 V 69 V f9 U) l(7 U) N ICR fA f9 (A (9 ff? m CO 0 0 0 0 � U) V M N O N M O 0 U) 0 7 0 f+) O N M V O D) N O f� N O (n N N M U) (D 47 O M �' U) O r 0 0 '- N d (h 64 M 64 M 69 M fA M b4 (h (A M f9 m fA M 69 V' V V (A fA V 69 It fA 7 69 V' W V (A V' (A (o 69 (n 6964 (n a O M co 0 co 0 O r- V' LO -0,0 �t N N M O O (n O V 0 O C) M N Co 'V O t` O N INN M•V_ W mO c N co BOO f`00 r- CL a; M 69 M 69 M (A M f3 M EA co V3 M fA M M M 4 Q t)- [P V (o (o fA fA fA 69 69 69 64 E9 fA (A 6 V3 fA 69 L 0 L (/f U) L d 7 M C L — N V V N 3 N 3 d 3 d a ( 3 m Z d ° N Y aF- ,0 �F d L 3 d V W - ry E O y O C o CL C C A o ; U 7. w • o d L 0 m U d L r 2 t(i d @ O L C d V L (D Q U p C IC (M d d L CL to L a Cf F� M W tL LL 3m U) LL aaaaaaaaa aan.aaa aaaa d co d' W 7 O U)(n N mm M qV' 0 (O U)N O f O W N M V (n CD (o (o U) co O (D OO OO c E I t6 n a' Z ;: = 1� 19 w t l, 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 LU 0 c o Q o LL O N � M aW J Z fang Q O LL Qua V Q � N Q r U. 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LLIiLL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL to co ° CO N da (o c ( coo co ( t r n r m co 00 00 c E (a � z 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 ,vvversevW 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 Page 4 of 4 y W $ w O r w U o W � Q m U O W 2 WWWWWO U z z z O NOOOj 101&m 0 0 0 C N N NN w` "C" 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