Loading...
HomeMy WebLinkAboutJuly 15, 200345:0130 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING July 15, 2003 Pursuant to the foregoing adjournment of the July 1, 2003 Regular Meeting of the City Council and Arcadia Redevelopment Agency, the City Clerk appeared at the time and place of adjournment at 6:00 p.m. and announced that no quorum would be present until 7:00 p.m., at which time the Regular Meeting will convene in the Council Chambers. INVOCATION Reverend Brenda Simonds, Chaplain, Arcadia Methodist Hospital PLEDGE OF Mark Harmsen ALLEGIANCE ROLL CALL PRESENT: Councilmembers Kovacic, Marshall, Segal, Wuo and Chang ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. ORD. & RES. It was MOVED by Councilmember Segal, seconded by Councilmember Marshall and READ BY CARRIED that ordinances and resolutions be read by title only and that the reading In full be TITLE ONLY WAIVED. 2. PUBLIC HEARING 2a. WEED Consideration of 2002 -2003 Weed Abatement Charge List. On July 3, 2003 the Los Angeles ABATEMENT County Agricultural Commissioner's Office delivered the list of private properties within the 2002 -2003 City on which the County has abated weeds, rubbish and refuse. Thirty -two (32) of the forty CHARGES (40) properties listed incurred a minimal charge for inspection only of the property by County (CONFIRMED) personnel. The properties listed on the charge list were posted and noticed of the public hearing this date, as required. Mayor Chang OPENED the public hearing. No one came forward to address the City Council either in favor or in opposition to this item. Mayor Chang CLOSED the Public Hearing. It was MOVED by Councilmember Marshall, seconded by Councilmember Segal and CARRIED on roll call vote as follows to CONFIRM the charge list as submitted and DIRECT that the County Auditor be instructed to enter the amounts of the assessments against the respective parcels of land as they appear on the current property assessment roll. LA�ERIMAGED 7/15/03 I� 45:0131 AYES: Councilmembers Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None AUDIENCE PARTICIPATION None. MATTERS FROM ELECTED OFFICIALS MARSHALL Councilmember Marshall announced that the Household Hazardous and E -Waste Round -up (Hazardous will be held on Saturday, August 16, 2003 from 9:00 a.m. to 3:00 p.m. at the Santa Anita Waste) Race Track. (Summer Ms. Marshall encouraged everyone to attend the summer concert series on Thursdays at Concerts) 7:00 p.m., at the City Hall west lawn. (Rose Parade Ms. Marshall encouraged interested residents to send donations for a project to pay for the Float Miniature cost of a duplicate miniature model of Arcadia's trophy winner Rose Parade float. The City Model) will match the donations. Mayor Chang pledged on additional $100 to the float fund. (Seabiscuit) Ms. Marshall reminded everyone that "Seabiscuit', a movie about a famous race horse, will be in theaters Friday July 25th. (Whiskers 'n Ms. Marshall announced that the "Whiskers 'n Tails Animal Care and Pet Adoption Day" will Tails) take place Saturday, October 4, 2003, on the west lawn in front of City Hall. (Quote) Councilmember Marshall quoted a saying by Winston Churchill, "we contend that, for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle" SEGAL Councilmember Segal thanked the City Council of Sierra Madre for including the Arcadia (Sierra Madre) City Council in their Fourth of July parade. (Summer Councilmember Segal noted that about 400+ people attended the first summer concert. He Concerts) encouraged everyone to attend the series of concerts (City's Councilmember Segal encouraged everyone to attend the entire day of scheduled events on Birthday) August 5th for the celebration of the City's official birthday. KOVACIC Mayor Pro tem Kovacic encouraged everyone who is interested in Phase II of the Gold Line (Gold Line to attend the Construction Authority's meetings which will be held four times in different cities Phase ll) throughout the San Gabriel Valley. (Joan of Mr. Kovacic noted that starting in September, channel 2 television will broadcast a new hour - Arcadia) long series called "Joan of Arcadia ". It is a story of a family who lives in Arcadia. He encouraged everyone to watch this new program. (City's 100th Mr. Kovacic encouraged everyone to attend a variety of scheduled events for the celebration Birthday) of the City's 100th Birthday, including: the Lucky Baldwin Treasure Trail; Meet the Authors of "Vision of Arcadia: A Centennial Anthology" at the Arcadia Public Library; unveiling of the new peacock statue at Peacock Corner; the Museum Mixer and Homecoming Ceremony for the Hugo Reid Statue; the regularly scheduled Council meeting; and, the Birthday Party of the Century at the Community Center. 7115103 45:0132 WUO Councilmember Wuo expressed appreciation to the City, Arcadia Unified School District and (Relay For the Methodist Hospital for their participation and contribution to the Arcadia "Relay For Life" Life) for the American Cancer Society which will be held on July 19th and 20th at the Arcadia High School. He encouraged everyone to participate in this event. CHANG Mayor Chang noted the rules and regulations with regard to the use of the Bonita Skate Park (Skate Park) and encouraged the youth of the City to follow the rules and take care of the park. (City Signs) Mayor Chang referred to a letter from a resident complimenting the new street signs. 4. CITY CLERK 4a. LEAGUE /CA Consideration of the report and recommendation to appoint a voting delegate and alternate CITIES CONF. to the League of California Cities Annual Conference at the Sacramento Convention Center. (Chang and September 10, 2003, at which time cities will vote on important League resolutions. Kelly) It was MOVED by Mayor Pro tem Kovacic, seconded by Councilmember Segal and CARRIED on roll call vote as follows to APPOINT Mayor Chang as the voting delegate and City Manager Kelly as alternate to be present at the Annual Business Meeting of the League to cast the City's vote on resolutions presented by the League on September 10, 2003. AYES: Councilmembers Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None 5. THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members Kovacic, Marshall, Segal, Wuo and Chang ABSENT: None AUDIENCE PARTICIPATION None. 6. CONSENT ITEM 6a. MINUTES It was MOVED by Agency Member Segal, seconded by Agency Member Marshall and (July 1, 2003) CARRIED on roll call vote as follows to APPROVE the Minutes of July 1, 2003 Regular (APPROVED) Meeting. AYES: Agency Members Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to August 5, 2003 at 6:00 p.m., Council Chambers. 3 7/15/03 45:0133 THE CITY COUNCIL RECONVENED PRESENTATIONS TO OUTGOING MAYOR SHENG CHANG Presentation by Chung -Chen Kung, Deputy Director General of Taipei Economic and Cultural Office Presentation by Mayor Pro tem Gary A. Kovacic on behalf of Governor Gray Davis Presentation by Mayor Pro tem Gary A. Kovacic on behalf of Senator Boxer Presentation by Mayor Pro tem Gary A. Kovacic on behalf of Senator Feinstein Presentation by Mark Harmsen on behalf of Congressman Dreier Presentation by Norma Pontello on behalf of Senator Margett Presentation by Pat Myers on behalf of Assemblyman Mountjoy Presentation by Peter Hong on behalf of Assemblywoman Liu Presentation by Brian Mejia on behalf of Supervisor Antonovich Presentation by John R. McClain, President, Arcadia Board of Education Presentation by Steve Gutierrez, President, Arcadia Chamber of Commerce Presentation by Mayor Pro tem Gary A. Kovacic on behalf of the City of Arcadia REMARKS BY OUTGOING MAYOR SHENG CHANG "First, I would like to recognize my son Richard and his friend, they are here to witness the ceremony. My wife is now giving a lecture about acupressure at Orange County, I forgive her of not showing up tonight. "Tonight I have finished my term as a Mayor of the City of Arcadia. This is a special three month term rotation of Mayorship among the Councilmembers in the Arcadia's Centennial Year. I have enjoyed the job and the additional titles "Uncle Mayor" from the Taiwanese community and "Doctor Mayor" from some Homeowner Association. "Mayorship is an obligation and responsibility of every Councilmember. I am glad and proud that I have fulfilled this responsibility. I want to thank the Governor, the Federal, State and County elected officials, Chamber of Commerce President, School Board President and the Ambassador of Taiwan, Republic of China, for their recognitions given to me. I want to thank my colleagues and the City staff for all their help in making my job easier. I am also indebted to the support from the community, especially the homeowner associations. The homeowner association in the Highland Oaks and Upper Rancho had a joint picnic in the park at the Arboretum, on Sunday June 22nd. Our Community needs to get together so that we will get to know each other and get along better. As the Mayor that is my number one job. "My number two job is to make the community look better. Again, Homeowner Associations and their Architectural Review Boards have been doing good jobs in the design review process for new or remodeling residential housing projects. "I don't need to reiterate that we are lucky to live in a very safe community. The educational environment is also superb, thanks to the Arcadia School District and Education Board for their excellent work. "During my term as the Mayor, the Arcadia Skate Park was completed. This is one of the major projects in the Youth Master Plan, a blue print for a joint effort between the City and the School District to ensure that our youth have a better environment to learn, to mature and to become good citizens when they grow up. 7/15103 45:0134 "The Westfield Shopping Town expansion project also broke ground a month ago. Westfield has been a very good corporate citizen of Arcadia. The City, the community, as well as Westfield are going to benefit from this expansion, which is to be completed in October of 2004. "The other major projects that are on the horizon are as follows: the new police building is to be dedicated in two months. The expansion of the Fire Station 106 at Baldwin Avenue will start in a few months. On its completion, construction of a new fire station at Santa Anita Avenue will start. The planning of a new gymnasium /multipurpose facility and a new City Hall are also in the working. In addition, an affordable Senior Housing project at Live Oak Avenue will break ground next month. I am really excited with all these new major capital projects that will happen in the City. I am proud to be your Mayor and Councilmember. "Finally, I do want to thank my supporters again, for all your blessings, support and help. God bless you, God bless Arcadia and God bless America. Thank you very much." A BRIEF RECESS WAS ANNOUNCED Mayor Kovacic was seated as Mayor according to the approved Mayor Rotation Schedule for the Centennial Year. Mayor Kovacic congratulated John Wuo, Mayor Pro tem and introduced his family. His mother Florence Kovacic, his wife Barb, his daughter Kelly and his son Casey. Mayor Pro tem Wuo introduced his wife Jane and his daughter Jennifer. Councilmember Marshall expressed congratulations to the new Mayor, Gary Kovacic and Mayor Pro tem John Wuo. She also thanked Dr. Chang for his leadership. PRESENT: Councilmembers Chang, Marshall, Segal, Wuo and Kovacic ABSENT: None CONSENT ITEMS 8a. MINUTES APPROVED the Minutes of the July 1, 2003 Regular Meeting. (July 1, 2003) 8b. RESOLUTION ADOPTED RESOLUTION NO. 6366 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6366 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MAP AND DECLARING THE (St. Vacation CITY'S INTENTION TO VACATE AN ALLEY NORTH OF FOOTHILL BOULEVARD AND West of WEST OF VALENCIA WAY; DIRECTING THE CITY CLERK TO FILE SAID MAP IN THE Valencia Way CITY CLERK'S OFFICE SHOWING SAID ALLEY; SETTING A PUBLIC HEARING North of THEREON FOR AUGUST 19, 2003; AND DIRECTING NOTICE HEREOF TO BE POSTED Foothill blvd.) AND PUBLISHED." 8c. RESOLUTION ADOPTED RESOLUTION NO. 6367 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6367 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MAP AND DECLARING THE (Right -of -way CITY'S INTENTION TO VACATE A PORTION OF RIGHT -OF -WAY OF SUNSET Vacation — BOULEVARD ON THE EAST SIDE OF 1101 WEST HUNTINGTON DRIVE; DIRECTING Sunset Blvd. THE CITY CLERK TO FILE SAID MAP IN THE CITY CLERK'S OFFICE SHOWING SAID Adj. to STREET; SETTING A PUBLIC HEARING THEREON FOR AUGUST 19, 2003; AND 5 7/15103 45:0135 1101 W. Htg. — Public Hearing 8 -19 -2003) 8d. RESOLUTION NO. 6368 (Denying An Appeal of Ping. Comsn. Action — 821 San Vicente Road) DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED." In response to a Council question, staff stated in part that, the City is vacating a two -foot strip of right -of -way for the length of the building for landscaping. See page 7. Be. RESOLUTION ADOPTED RESOLUTION NO. 6369 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6369 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF (MOU — AFFA UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR 7- 1- 03thru EMPLOYEES REPRESENTED BY THE ARCADIA FIREFIGHTERS' ASSOCIATION 6- 30 -04) (AFFA) FOR JULY 1, 2003 THROUGH JUNE 30, 2004." 8f. RESOLUTION ADOPTED RESOLUTION NO. 6370 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6370 OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND (Management RELATED BENEFITS FOR MANAGEMENT EMPLOYEES EFFECTIVE JULY 1, 2003' Compensation) 8g. RESOLUTION ADOPTED RESOLUTION NO. 6371 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6371 OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND (Executive RELATED BENEFITS FOR EXECUTIVE MANAGEMENT EMPLOYEES EFFECTIVE JULY Management 1, 2003." Compensation) 8h. RESOLUTION ADOPTED RESOLUTION NO. 6373 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6373 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF (MOU — UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR APWEA EMPLOYEES REPRESENTED BY THE ARCADIA PUBLIC WORKS EMPLOYEE 7 -1 -03 thru ASSOCIATION ( "APWEA ") FOR JULY 1, 2003 THROUGH JUNE 20,2004." 6- 30 -04) 8i. RESOLUTION ADOPTED RESOLUTION NO. 6374 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6374 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF (MOU— UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR Teamsters CONFIDENTIAL, SUPERVISORY, PROFESSIONAL AND GENERAL EMPLOYEES Local 911 REPRESENTED BY TEAMSTERS LOCAL 911 FOR JULY 1, 2003 THROUGH JUNE 30, 7 -1 -03 thru 2004." 6- 30 -04) 7/15103 45:0136 8j. RESOLUTION NO. 6375 (MOU — APOA 7 -1 -03 thru 6- 30 -04) 8k. RESOLUTION NO. 6376 (Compensation - Part-time Temporary Employees) 81. EXTENDED CONTRACT- 1 YEAR (Security Personnel — Library) ADOPTED RESOLUTION NO. 6375 entitled: "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 POLICE OFFICERS' ASSOCIATION ( "APOA ") FOR JULY 1, 2003 THROUGH JUNE 30, 2004." ADOPTED RESOLUTION NO. 6376 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR ALL PART -TIME TEMPORARY EMPLOYEE POSITIONS." AUTHORIZED the City Manager to EXTEND for one year the contract with Post Alarm to provide security personnel at the Library from July 16, 2003 to June 30, 2004. 8m. AWARD AUTHORIZED the City Manager to enter into a contract with Gentry Brothers, Inc. in the CONTRACT amount of $756,298.60 for the Street Rehabilitation of Northbound Baldwin Avenue from (St. Rehab. — Huntington Drive to Cambridge Drive and Huntington Drive from Colorado Place to Santa Northbound Clara Street and AUTHORIZED staff to increase the existing Professional Services Baldwin Ave. & Agreement with DMJM +HARRIS by $5,185. Htg. Dr.) T AWARD AUTHORIZED the City Manager to enter into a contract in the amount not to exceed CONTRACT $40,000.00 to Nida Companies, for radio repair, service, and installation of communication (Comm. Equip. equipment in the Fire Department. FD) Z? AWARD AUTHORIZED the City Manager to enter into a contract with Bound Tree Medical, not to CONTRACT exceed $32,000.00, for the replacement of paramedic field supplies utilized during (Paramedic emergency medical treatment for fiscal year 2003 -2004. Field Supplies) AWARD AUTHORIZED the City Manager to EXECUTE an agreement with Concrete Cutting CONTRACT Specialist, Inc. for $65,000 and establish a 15% project contingency totaling $9,750. (Old Police St. Hazardous Waste Abate. & Demolition) 7/15/03 45:0137 THE PRECEDING CONSENT ITEMS 8a, b, c, e, f, g, h, i, j, k, I, m, n, o & p APPROVED ON MOTION BY COUNCILMEMBER CHANG, SECONDED BY COUNCILMEBMER SEGAL AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 8d. RESOLUTION It was MOVED by Councilmember Segal, seconded by Councilmember Marshall and NO. 6368 CARRIED on roll call vote as follows to ADOPT RESOLUTION NO. 6368 entitled: "A (Denying An RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, Appeal of DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION IN UPHOLDING Ping. Comsn. THE RANCHO SANTA ANITA RESIDENTS ASSOCIATION'S ARCHITECTURAL REVIEW Action — BOARD'S DENIAL OF DESIGN REVISIONS TO THE FRONT ENTRY ON A NEW TWO - 821 San STORY RESIDENCE AT 821 SAN VICENTE ROAD." Vicente Road) AYES: Councilmembers Chang, Marshall, Segal and Kovacic NOES: Councilmember Wuo ABSENT: None 9, CITY MANAGER 9a. RESOLUTION Consideration of the report and recommendation to adopt Resolution No. 6372 entitled: A NO. 6372 RESOLUTION OF THE CITY COUNCIL OF ARCADIA, CALIFORNIA, ADOPTING A JOINT (Gold Line POWERS AGREEMENT BY AND AMONG THE GOLD LINE PHASE II ENTITIES Phase II) CREATING THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY; AUTHORIZING (ADOPTED) THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND ANY /ALL NECESSARY DOCUMENTS WITH THE BLUE LINE CONSTRUCTION AUTHORITY AND /OR REGIONAL AGENCIES RELATING TO THE JOINT POWERS AGREEMENT; AND APPROPRIATING $32,000 IN PROPOSITION A FUNDS IN FISCAL YEAR 2003 -2004 FOR ANNUAL DUES" On December 17, 2003, the Arcadia City Council approved the conceptual structure for a Joint Powers Agreement ( "JPA ") among the eleven (11) cities involved with the Gold Line Phase II rail project and the existing Los Angeles to Pasadena Blue Line Construction Authority ( "BLCA "). The goal and intent of the Joint Powers Agreement is to create a partnership between the existing Blue Line Construction Authority Board and. the Phase II cities, and to grant each city active oversight and participation in the decision making process on matters impacting their local jurisdiction. Each Phase II City adopting the JPA will be a member of the Gold Line Phase II Construction Authority for the estimated 15 -year life of the project (through year 2018). The Phase II Authority will go into effect when eight (8) of the fifteen (15) entities adopt the JPA via City Council action, whereupon each member will retain membership status for the life of the JPA. In addition, each Phase II city (excluding the Phase I entities of Los Angeles, South Pasadena, MTA and COG) will commit to pay dues each year for the administration of the Authority, with dues averaging $32,000 annually for the first four (4) years of the JPA. Active membership status will ensure each member with a vote on the Governing Board, regardless of whether there is a rail stop in a member's jurisdiction. The City Mangers 8 7/15/03 45:0138 Committee will recommend the amount of the dues for each subsequent year based on projected costs to operate the Authority. A 5% increase cap will be placed on the assignment of annual dues. The total estimated project costs for the 24 -mile rail line is estimated at $1.3 billion. Preliminary cost projections provided by the San Gabriel Valley Council of Governments identified a variety of funding sources during the initial four (4) years of preliminary engineering. Following the presentation staff responded to questions and concerns expressed by the Council, stating in part that, the JPA is completed to the satisfaction of all the parties involved. It was noted that the adopted Joint Powers Agreement may be amended by unanimous vote of fifteen (15) from all Gold Line Phase II Construction Authority Members. Considerable discussion ensued. Some members felt that it is important for the Council to stay together on grade separation issues. It was also recommended to set aside funds to pay the expenses associated with the grade separation and a building of a station in the future. It was MOVED by Councilmember Segal, seconded by Councilmember Marshall and CARRIED on roll call vote as follows that the RESOLUTION NO. 6372 be and is hereby ADOPTED. AYES: Councilmembers Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None ADJOURNMENT. At 8:32 p.m. the City Council Regular Meeting ADJOURNED to August 5, 2003 at 6:00 p.m. (August 5, 2003) in the Council Chambers for a Regular Meeting to conduct the business of the City Council and Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. Z�� /June D. Alford; Cjt Clerk 9 7/15/03 d� STAFF REPORT OFFICE OF THE CITY CLERK DATE:. JULY 15, 2003 TO: MAYOR AND MEMBERS OF THE CITY COUNGIL p FROM: JUNE D. ALFORD, CITY CLERK u SUBJECT: 2002 -2003 WEED ABATEMENT CHARGE LIST - PUBLIC HEARING On July 3, 2003 the Los Angeles County Agricultural Commissioner's Office delivered the list of private properties within the City on which the County has abated weeds, rubbish and refuse. The location of these properties has been inserted for your information. The charges to property owners of the abated properties are attached to this report also. It should be noted that, of the forty (40) properties listed, thirty -two (32) of the parcels incurred a minimal charge of $29.73 for inspection only of the property by County personnel. Each property listed on the charge list has been posted and noticed of the public hearing this date, which was scheduled to hear objections, if any, to the charges for abatement or inspection. If an objection is lodged, the City Council may want to have the matter investigated by the City Fire Department or overrule the objection and the following motion would be in order. RECOMMENDATION: Following the close of the public hearing, MOVE to CONFIRM the charge list as submitted and DIRECT that the County Auditor be instructed to enter the amounts of the assessments against the respective parcels of land as they appear on the current property assessment roll. LASER IMAGED x „ C7 Q w m O O m cD O Y W p w 3 Y m N C a x U z E W t - a m a O w 3 W U u �1 a U C W bOW >. U O m i Q .a U -1 O +I +•I C 3 3 U N �-] N N C C r r 4 PQ aW v .e1 0 U 1 . m iA � N H u ,4-H •rl Id Pa R'1 " •rl M •r1 0 a J.1 5 U 7 +•1 +•I P4 lz N- C• C C N H O C E b H LO •r-IwC Cvw H > C N O co cd W V au UPP O ONH 0 JE En u +.+ H C -p6 LOU NUM a) "-I" C CC Cw - cd f-0 W W a) O H al N N N 1 cdro7a+ 4. .04 N E ` HW�H 0 P94> ~ '6 6 g v+ uz vmN C. +I M H N a1 to U N N W td H p a) N N al E C W N C N •r1 N O H H •r1 •r1 O rIr H 7,_LW7 w C C. 40.3 0.+ TOC > W 1 - 1 ,L : x w v MME F.C.C•r1 ri r-1 H N x H HW U ♦.I IJ+ C_ ro H H dC= Am NN+> ca Nt+ •riM CH Id W —1E -E HC U C UW 3EE-E •rl UwCUNH HH NC•OW WNNN 33o 7 Nmgy�gcc.c 0 .'1 -H "tOl0: : U ::1 cc U mH��aWu4U 3 I I H •O •.0 0 3 U ++ + U 1-1 M a+ YI C W '-I 1-1 H N C C C • d N H H cd a1 O M •r1 h U C 7 C N I I I I '3 I C C ca •r1 = v -H F N O O on C 'd'o 'O Y. ?4 N C b b > 4 • r ri C cc r r 4 W co > v -I cd Y J L •r1 •rlri r N N 0 0 1 1 1 U 0.i W PP Pa 7: H O QI v >+ N fA W r4 CI •H Z N z N N N 1 A r-I O O r-1 r1 d .H cc O 1 F >> > > I H '0 W W W V) OU 0 d a) H Ww'0 Q) 4) 1 1 1 1 1 1 •ri +1•r1 I -H I I 1 1 q I> C CC1 N C C W V1 > U >> .CH H H H U O 44-H •4-,!a) ox 8 as 0 or "I > H.'I L NU a) a) Q ) J CIQ CINA v w Z. C - •> >>7)P. OC ca ca NC 1 Oo H4'H H > >>> »= > >> >C vocaoa -H-H •riH OC.I mv73 >>>,Q H CI q•r1•r1 -H -H 'r4 -H r1 N N N•r1 N -H•r1 r1 U U 4 O`.G rl as J.1M C C C m H H H H H H cq a) at C) H a) H H H> H bOP: 1 m I I I I I I •rl N It C N y CI == CI IZ CI - C C r= C CI CIA 6+ C I I I I I 3 u v u N v v I'. •r1 -H •H •r1 M •rl v v a) vv v •O v •o b N,. C C N N N N N N w w w N W (a N N.0 a.l a.l a) C +•+ u al > co C, ca N N N ro uu >O 4L4 04 C CCC CC C WW WC >>C CCw i4 �c G a) N a) 0) P ad 1:4 P4 0 x o PP •rl•H - H'H -H -H •r1 •r1 0 C C C -H a)•r1•r1 'It 'H N 1". C U > H H H v H C C'O A>TW Www wP . MMMw HW wwW r� PI <d U J.I,LL WW WWWW V] ddCCVV - HHH H U 6 mm�Hm CCCCCC ro co H H >l>1>1>1 >,>,a+ v w N >10 >>>1>1 3 C •rl•rl - H -H -H -H 0 ca 1-1 r-1 (1) a) U a) a) a) v v C. C L O. P. a) H1 a) a) a) z N W >. to x - x � o a H H H H H F, VI L aI ,C .0 +-) t) H H H H H H It N N N H H H H L VI O m H H H N H •O'O •O'O'O'O N C O W W C C H H H H H H U •r1 •r1 -H H O H H H.,-1 C P4 CO CO It W N '-I -j r-1 r r j r-1 1 W 0 ca •r1 •r1 0 0 0000 0 o ca ,,GC ,,CC O 00 0 0 0 m co 00 a) O N —1 0 o l 0 0 0 0 •-12 v7 v72 x','EEFHHH >33H�1 FE Hr-I V].- iNr -7zU UUr -1000 UUUU O �cOMNMMMMmMMmmMMMMMMMMMMmMmMMMMNMf .'J M(h {O (pNMV'M JW Inh Mhhhhhhhhhhhh[ . O;C l�l�t�t�hhhhl�hl�Mt�t�l�h ?hO1R �[� Q cd 0 r•O O>MO LN. TO'IO70tT OOlOOWOI (T OO/OIm OfOmWOlT OJ 6107 c0 O M IT OQ N N cD N N N N N N N N N N N N N N N N N N N N N N N N N N m N N N N h R V C0 N N 1-2 M h h NMI11 a7 Q1. U V Y W 1- O 117117 t{71n In to Ill 1111n N w 1171171P ltl I01171I1117111 � W In W In t171A III 1Il I171t 1 In 11� 117111111 IL) 111111 Ii7 u O m M M M M M M M M M M m m M m M M M M M M M M M M m M M M M M m M M M M M M M M U U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I O w z io000OOO t0 l0 c0 c0f0 c0 fD CD C0 t0 tDO Nlc0 t0 t0 c0 c0 f0 (O C0 cD t0 tp �t0 cD (0000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J W U tO�NMr•ONMer InOhP00 r NMMCphI!)cDh �11'INO�M-- MRhMOINh117�^ � �hr 0000000� �r 000^�r- hNOV'��OOOONO•-•IIIO�N Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 w C7 O(ONN�ONNNNNNNNNNNmmMMMMOf In (O COO at tD tD tOOOhhhOD CDN Q MNOO�MMmmmmmmMMMMmMMMMMONM�N� r-�+-•- ����• -.-•.- n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y 0 O �M OwIO NLLY-- ---r- r- -r- r- .- .- r- r- +- �. -�MIII t�OCCONNNNNNNNNNN m �OIO[ O( O( Ohl�l�hl�L�L�[ �L�L�L�l�l�hL�hl�l�L� {�L�mCOMMMMMMMMMMM w MMl�ht �hl�t�hhhl�L�hhhl�ht�L�lvhhhhhhhl�I111n 1111n 10111 tO 111111 t04n g - In 1n 11)117 111 117 1A InN V7w LL7 wIl71n 1n 11 1117 In In In In to In ll71111n In u'Im WO]W PDm aD CONmm O w Y Ww hht�hhhhhhhhhht�hhhhhL�h[ �l�hhht�l�L�l�l�l�hhL�L�l�l�hL� 3 Y � h cD w M v h r W W N Q) - m M N m II II N N (7 W II C U Q C II wu a w U xm(D U W < J cvQQ < <UO Q Q U O O U J\ CI<0 OQp V H I- O co � n N U u n Y n u N J J Z V I N W O J J U U U Q w �lr wLL m 4 n n O Z w p <W01 -I awo.- oomw O O w W �z2 J J J QQQ c oop 1 � , STAFF REPORT OFFICE OF THE CITY CLERK ° DATE: JULY 15, 2003 TO: MAYOR AND CITY COUNCIL MEMB(ERRSS��O,,, FROM: JUNE D. ALFORD, CITY CLERK SUBJECT: VOTING DELEGATE AND ALTERNATE - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SEPTEMBER 7 THROUGH SEPTEMBER 10, 2003, SACRAMENTO, CALIFORNIA At the League of California Cities Annual Conference in September cities will vote on important conference resolutions which guide cities and the League in its efforts to improve the quality, responsiveness and vitality of local government in California. The League President, John Russo, advises that it is important that all cities be represented at the Annual Business Meeting on Wednesday, September 10, at 10:00 a.m. at the Sacramento Convention Center. League bylaws state that, "Any official of a Member City may, with the approval of the City Council, be designated the City's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the annual conference constitute the League's General Assembly ". Therefore,. it is requested that the City Council appoint one of its members who is registered for the Conference, as voting delegate and another Council Member as the alternate to vote on League resolutions. It is recommended that the City Council MOVE to appoint a voting delegate and an alternate to be present at the Annual Business Meeting of the League to cast the City's vote on resolutions presented by the.League on September 10, 2003. LASER IMAGED League of California Cities 2003 ANNUAL CONFERENCE VOTING DELEGATE FORM CITY: 1. VOTING DELEGATE: (Name) (Title) 2. VOTING ALTERNATE: (Name) (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 9& Fax: (916) 658 -8240 Deadline: Friday, August 8, 2003 G.M.EGISLrOPOUMAGRE51V07E DEL REVISE03.DOC 03DAMI 9321M M r STAFF REPORT Development Services -Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineery Prepared by: Tim O. Kelleher, Senior Engineering Assistant SUBJECT: REPORT AND RECOMMENDATION TO ADOPT RESOLUTION NO. 6366 DECLARING THE CITY'S INTENTION TO VACATE THE ALLEY WEST OF VALENCIA WAY DIRECTLY NORTH OF FOOTHILL BOULEVARD SUMMARY The owner of the property at 1111 Valencia Way has requested the City to vacate the alley west of Valencia Way directly north of Foothill Boulevard. The alley is adjacent to the south property line of 1111 Valencia Way, is approximately 132 feet in length, and begins at Valencia Way and extends west to the office complex at 301 -317 East Foothill Boulevard. The alley serves no public access purpose. As part of the vacation process, the City Council must set a time and place to hold a public hearing to ascertain the necessity to abandon and vacate said right -of -way. DISCUSSION In 1924, Tract Map No. 6341 was recorded which among other things created an alley extending from Valencia Way 132 feet west to the tract boundary. It appears that the alley was intended to provide access to the rear of the lots fronting Foothill Boulevard and extend west with future subdivisions. The property directly to the west, at 301 -317 East Foothill Boulevard, has since been developed as one large office complex, and has blocked the alley, precluding any further extension. The two parcels abutting the alley on the south at the west end are part of the Foothill Boulevard office complex and have eliminated access to and from the alley with the construction of a block wall. LASER IMAGED N Staff Report Resolution #6366 July 15, 2003 Page 2 The alley only provides access for the adjacent properties closer to Valencia Way. The owner of the property at 1111 Valencia Way currently uses the alley as a driveway and the two parcels on the south side at the east end of the alley are combined into one development and use the alley as an exit from their parking lot. The owner of the property at 1111 Valencia Way has requested the City to vacate the alley. The property owner has reached an agreement with the adjacent owner to the south at the west end of the alley (Foothill Boulevard office complex) to use the south half of the alley as his driveway once vacated. The owners have agreed to a lot line adjustment that will be processed upon completion of the vacation process. The east portion of the alley would still act as an access for the two adjacent parcels. The vacation would include a condition for the reservation of a reciprocal access agreement that will be solely the responsibility of the private parties to prepare and execute. All three adjacent property owners concur with the vacation and are in agreement with the conditions and follow -up actions. At its June 10, 2003 meeting, the Planning Commission made the finding that vacating the alley west of Valencia Way directly north of Foothill Boulevard was in conformance with the City's General Plan. Pursuant to and in accordance with provisions of Part 3 of Division 9 of the Streets and Highways Code, the City Council may vacate a public roadway that is "unnecessary for present and prospective public street purposes ". The California Streets and Highways Code Sections 8322 and 8324 also requires that the City Council hold a public hearing prior to final approval of any roadway vacation. Additionally, the alley vacation shall be subject to the reservation and exception of all easements requested by agencies or utility as authorized by Sections 8340 and'8341 of the Streets and Highways Code of the State of California. Based upon initial investigation of the subject alley vacation, comments from City Departments /Divisions, other agencies and utility companies, it is staff's opinion that the subject alley is unnecessary for present and prospective public street purposes and recommends it to be vacated and abandoned. FISCAL IMPACT It is estimated that the administrative costs associated with the alley vacation will be approximately $2,000.00. The property owner: requesting the vacation is paying the costs. _13 I J5 II�AJ1 Staff Report Resolution #6366 July 15, 2003 Page 3 ENVIRONMENTAL ANALYSIS Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the street vacation is covered under the general rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a significant effect on the environment a Notice of Exemption is sufficient. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution No. 6366 declaring the City's intention to vacate the alley west of Valencia Way directly north of Foothill Boulevard and setting a public hearing for August 19, 2003. Approved By: ks WILLIAM R. KELLY, CITY MANAGER DP:PAW:TOK:pa, Attachments: 1. Location Map 2. Aerial Photo Map 3. Resolution No. 6366 Exhibit "A ", Legal Description Exhibit "B ", Sketch 105.37 o ? 7 5..T 300.60 105.35 N 7 �AILQ 105.32 ` - 27P 160.63 JAC. J o � 165,65 135 105.31 L -- ,35 - - -- O �W EASEME T r --- _--- 300.GG-. - - AVE O 198.2 6 50 - 75 75 11 186.75' 105.27 �o �Vllo Skt, R \l\� � 1L r 105.25 e i N �iJ J c rJr1 8L o. r2 �� r 0 5.24 L r P,M.13.17-22 I m - J r Li 1, .�. r usao w . (307) "30 I M.R. 55 - 31 � -- — PART OF LOT I ° — — — — 16675 105.22 �. -(307-C) ,� � .l 0521 rnrn P.M.B. IB- G a ° n n�/1 7 ' 4 ' m r POind . r,-) oR 284 148.31 m RM.®. 20 - 79 Io5.19 C - _ 139.31 ° 98,75 !_58 50 50 50 50 50 50 50 50 50 105.17 4 61 r r� r l r IOS.16 10 M. B. 104 2( N O v N O IO5.Id .� H b N o log 5o 5 (Il p) C1SOJ C DL 3) (1127) 013 (1135) (1139) (1143) 105 °13 ° o VALENCIA ` 34.35 5o so UVAti 105.11 1 09 D r 09 15 50 #0 49,98 50 25 l WA r �� .W (110 41114) �Ql1B,E„ING %994 34.34 SO cp "50 -W 15.74 (1138) (1140) (1142), 105.10 D C. 1096 m 15 Iw W Niw 01126) (1130) 11 (, �, - r2a 5 1 49,98 50.02 y w - - w w �, w W Ln Ll 105.08 `--' C) �I� oN4 W C TY - �N Io ` �f 1 L �_0 ARCADIA 0 . 105.06 I�TIrS' = I T `^ 50 Sb" Po 50 50 50 50 50 5 la4 20 os os ` I_ l*Lt 105.03 v J m b \N .105.01 P5 100' 104 ZO 50 50 50 50 LOCATION MAP Proposed Vacation Alley Vacation Development Services Department ^ Engineering Division r u J Repared6y: R. S. Gonzalez June 3, 2003 n�ua, :s9 RESOLUTION NO. 6366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING A MAP AND DECLARING THE CITY'S INTENTION TO VACATE AN ALLEY NORTH OF FOOTHILL BOULEVARD AND WEST OF VALENCIA WAY; DIRECTING THE CITY CLERK TO FILE SAID MAP-IN THE CITY CLERK'S OFFICE SHOWING SAID ALLEY; SETTING A PUBLIC HEARING THEREON FOR AUGUST 19,2003; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve that certain description and map showing the proposed alley vacation, comprising that certain alley north of Foothill Boulevard west of Valencia Way, as legally described in Exhibits "A" and "B" attached hereto which the City Council hereinafter declares its intention to vacate and abandon. The Southern California Edison Company and Verizon have requested reservations or exceptions of easements as authorized by Sections 8340 and 8341 of the Streets and Highways Code of the State of California. SECTION 2. The City Clerk is hereby directed to file said map in the City Clerk's office where the same may be examined by any and all persons desiring to do so. SECTION 3. Pursuant to and in accordance with provisions of Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8300, et seq.), the City Council does hereby declare its intention to vacate and abandon the above described alley west of Valencia Way and north of Foothill Boulevard pursuant to the Streets and Highways Code of the State of California. 1 LASER IMAGED _S SECTION 4. Notice is hereby given that at the hour of 7:00 p.m, or as soon thereafter as the matter can be heard, on the 19th day of August, 2003, in the Council Chambers of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, a public hearing will be held by the City Council, at which time any and all persons interested in or objecting to the proposed vacation and abandonment may appear and be heard. SECTION 5. The City Clerk is hereby directed to cause this Resolution to be published in the official newspaper of the City of Arcadia and the notice of public hearing stating the date, hour and place to be published for at least two successive weeks prior to the hearing. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 15th day of July 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: ISJ JUNE Do XFOM City Clerk of the City of Arcadia APPROVED AS TO FORM: (� — Q City Attorney of the City of Arcadia `A STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS:. CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6366 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia X , Q EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED That certain east -west alley, 15 feet wide, in the City of Arcadia, County of Los Angeles, State of California, as shown on map of Tract No. 6341 recorded in Book 104 Page 21 of Maps, in the'Office of the County Recorder of said county, bounded as follows: Easterly by the westerly line of Valencia Avenue, 50 feet wide; Westerly by the westerly line of said Tract No. 6341. As shown on Exhibit 'B" attached hereto and by this reference made a part hereof Prepared under my supervision: a — �Mk 0, rk�t 4*0� 00 L.S.53a1 David O. Knell PLS 5301 Date Exp.12.31 C: \wpdocs \arcadia- vacl.doe June 25, 2003 EXHIBIT " B " > 7 25 CS c� 1 Z rN 1 24 I I I 1 26 27 I I PARDEL IMAP Nol 1021 Yl� > 7 25 CS c� 1 Z I � I 1 I �ti I I I I 1 26 27 I I PARDEL IMAP Nol 1021 I I PARDEL I I J P. PA. 13J 12 -126 FOOTHILL 0 O INDICATES AREA OF 0 ALLEY TO BE VACATED r 3 50' M U Z Ld J a BOULEVARD i 29 1 29 WILLDAN SCALE I'= 50 DATE APR 28. 2003 ENGINE SKETCH TO ACCOMPANY ENGINEERS • PLANNERS DRAWN BY O.BEYERBACH ALLEY.DGN 13191 Gft066R0AD5 PARKWAY NORTH. SUITE 105 LEGAL D E S C R I P T I O N INDUSTRY. CA. 91746 -3991 NECKED BY D. KNELL AACADIA /ALLEYYAC (662) - t T STAFF REPORT Development Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director` Philip A. Wray, City Engineer V�� Prepared by: Tim O. Kelleher, Senior Engineering Assistant SUBJECT: REPORT AND RECOMMENDATION TO ADOPT RESOLUTION NO. 6367 DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF RIGHT -OF -WAY ON SUNSET BOULEVARD ADJACENT TO THE RALPH'S GROCERY STORE AT 1101 WEST HUNTINGTON DRIVE SUMMARY The developer of the Ralph's Grocery Store remodel and expansion at 1101 West Huntington Drive is proposing to add fagade accents to the exterior wall of the existing building facing Sunset Blvd. The building face is at the current property line and the proposed features will encroach into the public right -of -way. The developer requests that a two -foot strip of public right -of -way for the length of the building be vacated to accomplish the building improvements. As part of the vacation process, the City Council must set a time and place to hold a public hearing to ascertain the necessity to abandon and vacate said right -of -way. DISCUSSION On May 28, 2002, the Arcadia Planning Commission approved the Conditional Use Permit and the Architectural Design Review for the expansion and remodel of the Ralph's Grocery Store located at 1101 West Huntington Drive. The project includes fagade accents added to the exterior wall of the building facing Sunset Boulevard. The fagade accents consist of structural add -ons in the form of arches and columns. The building face is at the property line and the fagade accents will encroach into the right - of - way by a maximum of 22- inches. LASER IMAGED Staff Report Resolution #6367 July 15, 2003 Page 2 Sunset Boulevard adjacent to the Ralph's Store has a 56 -foot wide paved street in an 80 -foot wide right -of -way. Both parkways are 12 -feet wide. The City's General Plan Circulation Element designates Sunset Boulevard as a Secondary Arterial. Sunset Boulevard is in conformance with the Secondary Arterial street standard cross - section. The standard section allows for a parkway width ranging from eight feet to 12 -feet. Reducing the parkway width by two feet, from 12 -feet to 10 -feet, would still allow sufficient room for sidewalk, utilities and landscaping. Staff recommends vacating a two -foot strip of right -of -way for the length of the building. The reduced parkway will be 10 -feet wide in this section and is in conformance with the General Plan. At its June 10, 2003 meeting, the Planning Commission made the finding that vacating a portion of right -of -way on Sunset Boulevard adjacent to the Ralph's Grocery Store at 1101 West Huntington Drive was in conformance with the City's General Plan. Pursuant to and in accordance with provisions of Part 3 of Division 9 of the Streets and Highways Code, the City Council may vacate a public roadway that is "unnecessary for present and prospective public street purposes ". The California Streets and Highways Code Sections 8322 and 8324 also requires that the City Council hold a public hearing prior to final approval of any roadway vacation. Additionally, the roadway vacation shall be subject to the reservation and exception of all easements requested by agencies or utility companies as authorized by Sections 8340 and 8341 of the Streets and Highways Code of the State of California. Based upon initial investigation of the subject street vacation, comments from City Departments /Divisions, other agencies and utility companies; it is staff's opinion that the portions of the subject street are unnecessary for present and prospective public street purposes and recommends them to be vacated and abandoned. No utility easements or reservations are necessary. Reduction of the sidewalk to ten (10'). feet in lieu of the twelve (12) feet will not hinder pedestrian movement. FISCAL IMPACT It is estimated that the administrative costs associated with the street vacation will be approximately $2,000.00. The property owner requesting the vacation is paying the costs. ENVIRONMENTAL ANALYSIS Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the streeftSatation j is,covefed under the general rule that CEQA applies only to projects 4�Uf^rFYa id:t:,N_I Staff Report Resolution #6367 July 15, 2003 Page 3 that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a significant effect on the environment a Notice of Exemption is sufficient. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution No. 6367 declaring the City's intention to vacate a portion of right -of -way on Sunset Boulevard adjacent to the Ralph's Grocery Store at 1101 West Huntington Drive and setting a public hearing for August 19, 2003. Approved U " WILLIAM R. KELLY CITY MANAGER TOK:pa Attachments: 1. Aerial Photo Map 2. Resolution No. 6367 Exhibit "A ", Legal Description Exhibit "B ", Sketch A Proposed Vacation Development Services Department - Engineering Division S,m Preparedby: R.SGonzslez, June 3, 2003 Sunset Boulevard Vacation RESOLUTION NO. 6367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA APPROVING A MAP AND DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF RIGHT -OF- WAY OF SUNSET BOULEVARD ON THE EAST SIDE OF 1101 WEST HUNTINGTON DRIVE; DIRECTING THE CITY CLERK TO FILE SAID MAP IN THE CITY CLERK'S OFFICE SHOWING SAID STREET; SETTING A PUBLIC HEARING THEREON FORAUGUST 19, 2003; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve that certain description and map showing the proposed street vacation, comprising that portion of Sunset Boulevard on the east side of the property located at 1101 West Huntington Drive, as legally described in Exhibit "A" and Exhibit "B" attached hereto which the City Council hereinafter declares its intention to vacate and abandon. No utility companies have requested reservations or exceptions of easements as autho rized by Sections 8340 and 8341 of the Streets and Highways Code of the State of California. SECTION 2. The City Clerk is hereby directed to file said map in the City Clerk's office where the same may be examined by any and all persons desiring to do so. SECTION 3. Pursuant to and in accordance with provisions of Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8300, et seq.), the City Council does hereby declare its intention to vacate and abandon the above described portion of Sunset Boulevard on the east side of the property located at 1101 West Huntington Drive pursuant to the Streets and Highways Code of the State of California. . LASERIMAGED 5r SECTION 4. Notice is hereby given that at the hour of 7:00 p.m. or as soon thereafter as the matter can be heard, on the 19th day of August, 2003, in the Council Chambers of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, a public hearing will be held by the City Council, at which time any and all persons interested in or objecting to the proposed vacation and abandonment may appear and be heard. SECTION 5. The City Clerk is hereby directed to cause this Resolution to be published in the official newspaper of the City of Arcadia and the notice of public hearing stating the date, hour and place to be published for at least two successive weeks prior to the hearing. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 15th day of July 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: 1"W" JURNSE ®. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM: Cr �M�°�' � 'r • I ��Q City Attorney of the City of Arcadia 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6367 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None D. . City Clerk of the City of Arcadia 3 EXHIBIT " A " STREET VACATION A strip of land, two (2) feet wide, lying within Sunset Boulevard, in the City of Arcadia, County of Los Angeles, State of California, as said Sunset Boulevard is shown on Parcel Map No. 20022 recorded in Book 212 Pages 67 and 68 of Parcel Maps, in the office of the County Recorder of said county, described as follows: Beginning at a point in the Westerly sideline of Sunset. Boulevard, said point being North 04° 53' 10" West 63.36 feet from the Southeast corner of Parcel 2 of said Parcel Map No. 20022; thence North 85° 06' 50" East 2.00 feet; thence North 4 53' 10" West 119.09 feet; thence South 85° 06' 50" West 2.00 feet; thence South 4° 53' 10" East 119.09 feet; to the point of beginning. Area = 238 sq. ft. Prepared under the direction of: Richard B. Morsch R.C.E. 29507 Registration expires 03/31/07 EXHIBIT "B" n N NO SCALE N 85° 06' 50' E 596.36' I C] I ] 1 1 OD o RI � ' I I 2, I STREET _ I RALPHS VACATION 0. MARKET LOCATION EXIST. R/W SEE DETAIL I DETAIL RIGHT 3 O i .5' � (h fh 1 I Z I PM 20022, M.B. 212/67 -68 �� o W PARCEL 2 �6 z ~ I ' NI - — — Z) I N 85' 06' 50' �[\ 620.28' `EXIST. R/W 40' — — — HUNTINGTON DRIVE CENTERLINE OF WEST BOUND LANES 1185'06'50'E 2.00' e p J I CO i O 0� 0� N 40" 3 • o_ ° ('7 U-) H W � a CD Z Z 7 to l I I ' N85 °06'50'E 2,00' DETAIL SKETCH FOR REFERENCE ONLY • fMC�'0&AT�9 /y0oo STAFF REPORT July 15, 2003 Development Services Department TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Donna Butler, Community Development Administrator Prepared by: Corkran W. Nicholson, Planning Services Manager SUBJECT: APPEAL OF THE PLANNING COMMISSION'S ACTION IN UPHOLDING THE RANCHO SANTA ANITA RESIDENTS ASSOCIATION'S ARCHITECTURAL REVIEW BOARD'S DENIAL OF DESIGN REVISIONS TO THE FRONT ENTRY ON A NEW TWO -STORY RESID AT 821 SAN VICENTE ROAD. Recommendation: Adopt Resolution No. 6368 SUMMARY The City Council at its June 17, 2003 meeting denied an appeal of the Planning Commission's action in upholding the Rancho Santa Anita Residents Association's Architectural Review Board's denial of design revisions to the front entry of a new residence that is currently under construction at 821 San Vicente Road. The design revisions involved the proposed installation of iron and glass front doors with a matching window area above the front entry. Attached is City Council Resolution 6368: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION IN UPHOLDING THE RANCHO SANTA ANITA RESIDENTS ASSOCIATION'S ARCHITECTURAL REVIEW BOARD'S DENIAL OF DESIGN REVISIONS TO THE FRONT ENTRY ON A NEW TWO -STORY RESIDENCE AT 821 SAN VICENTE ROAD. ACTION The City council should move to adopt Resolution No. 6368 as attached. Attachment: Resolution '� 6 n 36 �� 8 �� APPROVED BY: W�A.- -UB�'i William R. Kelly City Manager LASER IMAGED r /V0_30 RESOLUTION NO. 6368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION IN UPHOLDING THE RANCHO SANTA ANITA RESIDENTS ASSOCIATION'S ARCHITECTURAL REVIEW BOARD'S DENIAL OF DESIGN REVISIONS TO THE FRONT ENTRY ON A NEW TWO -STORY RESIDENCE AT 821 SAN VICENTE ROAD. WHEREAS, on March 18, 2003, an appeal was filed by Dr. Ibrahim Irawan ( "Homeowner "), appealing the Planning Commission's action in denying his previous appeal and upholding the Rancho Santa Anita Residents Association's Architectural Review Board's denial of proposed iron and glass front doors and a matching window area to be above the front entry on his new home, which is under construction at 821 San Vicente Road; and WHEREAS, on June 17, 2003 the City Council held a public hearing on the appeal, as requested by the Homeowner; and WHEREAS, as a part of the record of this hearing, the City Council reviewed and considered the following: 1. The staff report and related attachments submitted by the Development Services Department to the City Council; and 2. Planning Commission Resolution No. 1689 and the record of the Planning Commission's February 25, 2003 public hearing regarding the Homeowner's appeal of the Rancho Santa Anita Residents Association's Architectural Review Board's denial of design revisions to the front entry of his home, along with all letters, information and material presented as part of the public testimony at that public hearing; and 3. All letters, information, and material presented as part of the public testimony at the City Council public hearing of June 17, 2003, and all oral presentations at that public hearing; and WHEREAS, at the conclusion of the public hearing the City Council reviewed the record of the proceeding, discussed and deliberated the matter, denied the appeal, and directed staff to prepare this resolution to reflect the Council's findings and decisions; and LASER IMAGED MCI WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report dated June 17, 2003 is true and correct. SECTION 2. That the appeal should be denied because of the following reasons: 1. That the appellant was aware of the Rancho Santa Anita Residents Association's Architectural Review Board's review process, and that any changes to the previously approved architectural plans for the new home would be subject to the review and approval of the Residents' Association; and 2. That the Architectural Review Board's actions did not constitute any abuse of discretion, nor did such actions stifle the appellant's individual initiative; and 3. That the proposed front doors and matching window area do not comply with contemporary accepted standards of harmony and compatibility with respect to other homes in the neighborhood and in the area served by the Santa Anita Residents' Association, and the appellant failed to demonstrate or to provide evidence that the proposed doors and matching window area are consistent with other doors and windows in the foregoing areas; and 4. That the proposed front doors and matching window area are excessive, garish, and substantially unrelated to and inconsistent with the appearance of other homes in the neighborhood. SECTION 3. That for the foregoing reasons the City Council denies the appeal of the Planning Commission's action in upholding the Rancho Santa Anita Residents Association's Architectural Review Board's denial of the proposed redesign of the front doors and matching window area on the new two - story residence at 821 San Vicente Road. 2 6368 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of July ' 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: .S. JUNE a WOM City Clerk of the City of Arcadia APPROVED AS TO FORM: P, b Step en P. Deitsch, City Attorney City of Arcadia 3 6368 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6368 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal and Kovacic NOES: Council Member Wuo ABSENT: None City Clerk of the City of Arcadia rd fie, Administrative Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo�j By: Michael A. Casalou, Senior Management Analyst SUBJECT: Resolution No. 6369 Establishing Compensation And Related Benefits For Employees Represented By The Arcadia Firefighters' Association (AFFA) For July 1. 2003 Through June 30, 2004 Recommendation: Adopt SUMMARY Resolution No. 6369 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. City Council ratification of the agreed upon Memorandum of Understanding (MOU) is recommended. DISCUSSION City staff and the labor negotiator representing the City have completed discussions with the negotiating committee of the AFFA. The Resolution presented for ratification reflects a continuation of past compensation and benefits and seven new compensation 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, 2003 through June 30, 2004. The conditions of the agreement were approved by the AFFA on June 27, 2003. The City conducted a classification and compensation study that was competed by Personnel Concepts, Inc. in March 2003. The MOU reflects the implementation of that plan effective July 1, 2003. LASER IMAGED Mayor and City . Council July 15, 2003 Page 2 Effective the first pay period in July 2003, the salary schedule shall be improved by 1 % for all represented employees. Effective July 1, 2003, represented employees with 60 or more college units 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. Effective July 1, 2003, the City will regard sick leave as hours worked for purposes of overtime calculations for.represented employees with 28 years or more of continuous service with the City of Arcadia. Effective July 1, 2003, the City will provide two floating holidays for a total of 24 hours. Effective July 1, 2003, the City will increase bereavement leave by 12 hours for a total of 48 hours. Effective July, 2003, the City will increase the contribution by $93.00 per month towards the purchase of optional health and dental plans. FISCAL IMPACT Sufficient funds are available in the fiscal year 2003/04 budget to implement the salary and benefit changes detailed in the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6369, a Resolution of the City Council of the City of Arcadia, California, approving Memoranda of Understanding for Employees represented by Arcadia Firefighters' Association (AFFA) for July 1, 2003 through June 30, 2004. Approved: U*-'7 William R. Kelly, City Manager Q3 ANIIi SIKAJ RESOLUTION NO. 6369 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, 2003 THROUGH JUNE 30, 2004 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, 2003, 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 15th' day of July 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: : Z City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney 1 . LASER IMAGED trl� r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6369 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None /ViuWEDSWOW City Clerk of the City of Arcadia 2 TABLE OF, CONTENTS Article XI Uniforms 16 Article XI Tuition Reimbursement 17 Article XI II Leaves 18-24 • Provided For 18 • Power to Grant Leaves 18 -19, • Military Leave 19 -20 • Vacation Leave 20 -21 • Sick Leave 21 -22 • Proof of Illness 22 • Denial 23 • Bereavement Leave 23 • Workers' Compensation 23 • Holidays _ 24 • Jury Leave 24 • Witness Leave 24 • Unauthorized Absence 24 Article XIV Probationary Period 25 Article XV EMT -1 Certification 26 Article XVI No Smoking Policy 27 Article XVI I Response Time 28 Article XVI II Employee Grievances 29 -36 • Definitions 29 • Timeliness 30, • Employee Representation 30 • Informal Grievance Procedure 30 • Formal Grievance Procedure 3031 • Appeal to Human Resources Commission 32 -36 Article XIX Full Understanding /Execution of Agreement 37 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 - Milias -Brown Act (Government Code Sections 3500 et.seg.). 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 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 for the period beginning July 1, 2003 and ending June 30, 2004. 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. 2 ARTICLE Ill 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 altemative 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 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. K ARTICLE UI (continued) Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. 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: 1. Contact the Human Resources Manager, the Fire Chief or his designate, to state the purpose of his visiting, and 2. The Human Resources Manager, the Fire Chief or his designate 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 Manager with the names and addresses of the three authorized representatives within five 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. M ARTICLE IV 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 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. ARTICLE V COMPENSATION Section A. A classification and compensation study was completed March 29, 2003. The study 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 and West Covina. As a result of the compensation plan, effective July 1, 2003, the salary schedule for the classifications of Firefighter, Firefighter /Paramedic, Fire Engineer and Fire Captain shall be improved by 2.5 %. Additionally, effective the first pay period in July 2003, the salary schedule shall be-improved by 1% for all represented employees. The salary schedule (Appendix A) reflects the aforementioned changes. 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, Fire Engineer and Fire Captain are benchmark classes within the survey. 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. 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 promotion date. R ARTICLE V (continued) Section C. EDUCATIONAL INCENTIVE COMPENSATION Qualified employees who possess an Associate of Arts degree, or have, 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 Manager. 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 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. The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. 7 Section E. FIRE PREVENTION BUREAU ASSIGNMENT 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. 2. 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. 3. 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. 4. 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. TRUCK COMPANY CAPTAIN COMPENSATION Section G Section H During the term of this agreement a Fire Captain assigned by the Chief to be in command of a Truck Company shall receive $92.31 per pay period in addition to his base salary during the period of the assignment as the Truck Company Captain. ADMINISTRATIVE CAPTAIN COMPENSATION During the term of this agreement a Fire Captain with a Bachelors Degree, assigned by the Chief to be an Administrative Captain shall receive $260 per pay period in addition to his base salary during the period of the assignment as the Administrative Captain. During the term of this agreement a Fire equivalent, assigned by the Chief to be $255 per pay period in addition to his assignment as the Administrative Captain. Captain with an Associate Degree or an Administrative Captain shall receive base salary during the period of the MOVIE DETAIL Effective July 1, 2001, employees represented by this agreement shall receive a flat fee of $45.00 per hour for all movie detail worked. 9 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 28 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less that 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 hours at time and one -half the employee's hourly rate. 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 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 doing so. The employee whose shift was worked by another employee will not forfeit any compensation as a result of the trade. 0 ARTICLE VII 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 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro -rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay is applicable only to employees who were hired prior to July 1, 1983. 10 ARTICLE Vlll RETIREMENT Section A. The City contracts with the State of California Public Employees Retirement System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula. 2. Single highest year final compensation. 3. • Post Retirement Survivor Continuance. 6. Credit for Unused Sick Leave (Sec.20862.8). 7. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($.93) per pay period. 8. Fourth level 1959 Survivors Benefit increased allowance, Sec. 21382.4. 9. 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. 10. The City of Arcadia elects to pay 9% of EE compensation eamable as Employer Paid Member Contributions (EPMC) and report the same percent (value) of compensation eamable as special compensation. 11 ARTICLE IX HEALTH, DENTAL AND LIFE INSURANCE Section A. Effective the first pay period in July 2003, 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 $383.80 /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 $618.80 /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 $762.80 /month. 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 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 marriage, birth and adoption certificate. 4. Life Insurance The City shall continue to provide $7500.00 life insurance benefit for eligible employees. 12 ARTICLE IX (continued) 5. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2003 -2004. 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 The City agrees to pay the employee -only health insurance premium for eligible retirees from the classifications of sworn personnel represented by this agreement who retire after July 1, 1985: Such payment shall cease when the eligible retiree is eligible for Medicare. If the retired employee has 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 may become eligible for coverage for the employee only 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 conditions for employees to be eligible to exercise this buyback provision. 1. 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 760 hours of sick leave. 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 conditions for an employee assigned to a 40 hour workweek to be eligible to exercise this buyback provision. 13 ARTICLE IX (continued) 1. 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 60 days (480 hours) of sick leave. 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 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. In order to be eligible for retiree health coverage, the employee 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. 14 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. 15 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, an Eisenhower jacket, clip on tie, and billed hat. The above items are supplied upon employment to all employees, with the exception of the class "A" uniform, which is supplied when the employee completes probation at position of Captain. 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 are 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. 16 ARTICLE XII TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,500.00 per fiscal year. School supplies are not reimbursable. The 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 reimbursement. Prior to reimbursement of costs, 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 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. 17 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 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 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 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 classification before or at the expiration of his 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. ARTICLE XIII (continued) 6. The granting of a leave of absence of thirty 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 days shall constitute an interruption of service unless, in the action granting such leave of absence, if is provided that such leave of absence shall not constitute an interruption of service. 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 regular salary or compensation for a period of not more than thirty 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 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 appointing power a copy of his 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 employment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termination of his employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his City employment. 19 ARTICLE XI1I (continued) 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. Section D. VACATION LEAVE Employees assigned to 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. 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. 20 ARTICLE X111 (continued) 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 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 rate of compensation applicable at the time he 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 rate of compensation applicable at the time he 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). 21 ARTICLE X111 (continued) Sworn employees may accumulate up to a maximum of 2,100 hours 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. 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 supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to his absence. a. While absent from duty because of sickness or disability, he shall remain at his residence or place of confinement unless otherwise authorized by a physician or his 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. 22 ARTICLE Xiii (continued) 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 maximum of four (4) working days at one time, shall not be charged against sick or other leave. If over four (4) working days of such leave is granted, at one time, that amount over four (4) 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. Section G. 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 regular salary rate for such time as he is absent from duty because of such injury or illness up to a maximum of one 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. 23 ARTICLE X111 (continued) Section H Section I Section J Section K. 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 Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Effective July 1, 2001 employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall also be allowed Washington's Birthday with full pay. Effective July 1, 2002 employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall also be allowed Admission Day with full pay. Effective July 1, 2003, employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain will receive 24 hours of floating holiday at the beginning of each fiscal year. JURY LEAVE 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. 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. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 91 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 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 eighteen (18) 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. 25 ARTICLE XV EMT -1 CERTIFICATION All members of the unit shall maintain an EMT -1 Certification, or equivalent, and recertify every two (2) years. Training and recertification classes shall be conducted on City time. Failure to obtain the certification or to recertify are cause for progressive disciplinary action. 26 ARTICLE XVI 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 shifts off without pay for the second offense and shall be discharged for the third offense. P 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. Effective July 4, 1999 all sworn members of the unit must live within a seventy -five mile radius of the City of Arcadia. Sworn unit members who currently live outside the seventy five mile distance shall not be required to move; however, they shall not move to any location that is a further distance than that they resided at on July 4, 1999. 91 ARTICLE XVIII 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. w ARTICLE XVlll (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 or 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 First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or 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. 01 ARTICLE XVIII (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 Manager 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 Manager on the official City grievance form. The Human Resources Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Manager 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 Manager or if the Human Resources Manager 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 Manager's decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a decision. 31 ARTICLE XVIII (continued) 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. b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the ether parry 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. 32 ARTICLE XV11I (continued) 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. 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. 33 ARTICLE XVIII (continued) 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. 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. 34 ARTICLEMI (continued) 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. 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. 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. 35 ARTICLE XVlll (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 Manager 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. 0 ARTICLE XIX 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 hereto have caused this Memorandum of Understanding to be executed this 14"' day of July, 2003. ARCADIA FIREFIGHTERS ASSOCIATION David Franta President CITY OF ARCADIA William R. Kelly City Manager 37 2003 BARGAINING TEAMS AFFA WAGE NEGOTIATING TEAM Kurt Norwood, Fire Captain John Twitchel►, Fire Engineer Kevin Valentine, Firefighter /Paramedic CITY REPRESENTATIVES Richard Brown, Deputy Fire Chief Michael A. Casalou, Senior Management Analyst Nancy Chic, Management Analyst William W. Floyd, Jr. Attorney M 10 d a, a a LLI V 0 V Q LL O l� O N LU O M O N J LL LL Q LL Mn a � R W L[1 (O romOr(p 00mo1 tq 0 (Dno O m m ao LD rn o N m a* (o n 00 o r 0 m O r Cl) D uiuiui ( «i cc co coror�:isI' m�i»vr»v�v96 fn w fa (n > »» Cn 1 61 c P.-O M ( a M M m O CID C 0� —Om ONm IT CD n� O O. r (O tO 00O uiuiuiV�ui (o tommtDmn� vi v> v� va va vi r» v� (n (» v3 (» vi va. (a cn r MMr na ao LO (D O m m0 = n co O O N m (00 V tO n 00 OD MODy O r ly a(D (D 0 00 0 u u) vi O O O O O O n 69 vi 0% N vi di fH v! 63 63 63 09. vi vi K! I O m )I OA O ODMM C OD M V` MMI C u)n e � 00 0)a IN c o (D: n Or In OO 69 M N M Q MMM (6 (6 y M M Q 6% M V) n O) <t Nmn 0 n �00 CO LID CID r0M LL co IT m u) r n (y)On OD m 0 O N m co V' to n CO MN O r O u) CID CO MM M M M MM• O NM•MM•M � �cm0 O� W M 0 r 0 O r d'O w Mc(Dn0D0) oN m ( v 0no (o L CL U) to r OD n co u) O V Onr w- N my LO MN OJ0) U)1 O O N Cl) O��W v(D I�000r OD ty �ffl �fA1 �n{ 3 M M M M M•M w O N n m V Nco n n OcD(D D m O) r 'aT U) r m0 aD� n O N (`')�CO w W c o Or -qr T m; LO M U m (r "$4COLn ca N M V u W 0 O NM` r- OD Cl) 0 M MMM L6 % N tAH�H(fl �O U)n Warn V N M n n OD Qm 00 Or (On NM n Omr V' M ro V � u) 0) n�(C)COro ONM V•O 11134aa Ea���mmm m6361 (A 1% Q Q Q m U Q U m a [D � 4 m C E C E E C E E d N d � L L L C l0 C N C l0 m m (0 m'�mm wawa.wa v0 L) ���m� EddEmd did F- lL LL ALL. LL LL IL lL LL iz LL LL. LL �LL ILL LL LL LL LL LL LL LL LL U- LL'LL LL (�crD(ND(DD eU-LL d' (0( ( ° n �r c E m z x Z �6 q_ Sg °R•TS9 ° STAFF REPORT Administrative Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Director SUBJECT: Resolution No. 6370 establishing compensation and related benefits for management employees effective July 1, 2003 Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6370 establishing terms of employment and compensation for management employees. DISCUSSION The issues for compensation and benefits are outlined in Resolution No.6370 with an effective date of July 1, 2003. Changes to the terms and conditions of employment include: 1. Cost of living adjustment of 3.9% effective 7 -1 -03. 2. Implementation of Compensation Plan up to 5 %. 3. Administrative costs associated with the City's established IRC 401(a) defined contribution plan are paid by the City. 4. Police Lieutenants and Police Captains, a simple change in wording is proposed for reimbursement of safety related equipment. There is no additional cost in this proposed change. 5. Police Lieutenants and Police Captains shall also receive an increased vacation accrual that will provide parity between Police Managers and Police Officers. LASER IMAGED t, FISCAL IMPACT Sufficient funds are available to implement the salary changes detailed in the Resolution. RECOMMENDATION Adopt Resolution No. 6370 of the City Council of the City of Arcadia, California establishing compensation and related benefits for management employees effective July 1, 2003. APPROVED: W&A William R. Kelly, City Manager RESOLUTION NO. 6370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR MANAGEMENT EMPLOYEES EFFECTIVE JULY 1, 2003 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 management 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 July 1, 2003, the City salary schedule shall be revised as specified in the attached Exhibit 1 to this Resolution listing the management classification titles and the corresponding salary range of each. LASER IMAGED I SECTION 2. Section 9 of Resolution No. 6243 is amended to read, "All administrative costs associated with this plan will be paid by the City." SECTION 3. Section 2 of Resolution No. 6083 is amended to read, "For classifications of Police Lieutenant and Police Captain, the City shall provide a quarterly uniform allowance of $148.00; reimbursement up to $350.00 for approved uniform and safety related equipment approved for reimbursement." SECTION 4. Section 16(b) of Resolution No. 5608 is amended by adding thereto, "For classifications of Police Lieutenant and Police Captain, vacation time shall accumulate as follow: Beginning with the first full pay period of employment at the rate of 4.616 hours per pay period during the first ten (10) years of continuous full -rime employment with the City; at the rate of 6.77 hours per pay period after the completion of ten (10) years of continuous full -time employment with the City and at the rate of 7.69 hours per pay period after completion of fifteen (15) years of continuous full -time employment with the City." SECTION 5. The Administrative Services Director shall include all revisions to Resolution No. 5608 that are made by this Resolution No. 6370 and shall provide for the original to be kept in the Office of the City Clerk with copies provided to all departments of the City 2 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of July 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: P City Attorney m STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6370 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 11 uj V Z g N Q ,Q V Q V . O e N W O M N J C d E Q cc C tc 2 n r nomu�n N�00 o w00 <m lOOOI 0 nnr 000N °D O 0 � p mrngg0) N vm ° n ) rn v� N n c O� r N CO 10 m n 0 N M L O n �6 0 W 6 9N g H Ito i�mpp f9 r- r- I �6 0 9� 0 O n r n0 N a 00 inn n 0 N N Orm In m< V' 00 0 0 O> g o m <nl+ C' O 00 N O) m m ON 00 M< 0) V g W R 01 r- _ Q M ? 00 f r-m <NM 00 (O n 0 N M�00 f- co 1A a m a fPr ow O N � � N• �fA � = N eept� 0 nn M- co In NOr NM to 1309 W0 to m O <n R NM 0. n< LON 00n 07 mmM m0N� <m a) <O It tQ uNaa7 In con U) V9 _N fA W �u m 9� u � m K 6 HAM H� 6 ��66. �� r �} OOr Onnam Nam In n nNO O)N In <(egco m r 0 00)r OD 0 nn 0) Cl) 00 u') r0 Nm mMr co <m0 ON Q NN V' 00 t0 00 O),N M00 co n .. U9 a n 69964 b N64 N• Vk�Ki �d rnp fAHH6 U LL r O r O g0 O nn O rN� �m '0n LAWN n0)N Or(0a 00mr 00 00 (O 0000) m I� 7m 07 <n V' N O) M u n 00 m Cl) N e H9 ..r�{{ to N M m V n� m s 01 (fly < N �H�N• M vkV �O H. (d (6 (D CO � rr 0) nn Ot�OOn NO <m 00 n (0 0� co N nn mLn < D)r p 000 W C ) 0104 �) ?0N I )-m0 rNM 0l0 00 O L6 Ld Lo 0 to ' 000 gOr NQ O )N 0000<0 I m 90 �t O M Of) N co oc DO m 0 0 N '�Q{ m fO n m 0 r N M 00 m ti 0) O N n d M H9 s fA fA hlm 69'69 0!j tH 0 0 ri LO Iri Y) H H9 6 0 m fD 0 m 6 ) m 69 fD (D f0 EH LL 9 co 0 0 r -- 00 c o n0N00 n N O < m< (0 0 0 0) 0 N 0 mc{0NN ONM00 r 1 t- UN m00rNM V 00�n m0 rN M ml0 n ���fAtA�� O MB VTH N6 9�6 � fH { r N m m 0 r m 0 M 0 r 0 r 0 g 0 n n o �p r iO n n 0 N N m< M In con 0 0 0< O cx n n nao MM C6 OOrN M V fR 10 fA 4% a 6 J,co � N b V) t% v ID Q M V N OmM00 r 0 0 0 0 �{ gO�N 0 X 61 p 0nrn N � 0 0 co 00 n N O V'a) N M 00 m n co CD i•7 V �pp 0 aa 0 n m 0 r N M 00 m Vk6 M N �N{ f9 V! W .p f9 �{ (fl �{ fA 6 0• 0• m N HN•N N � v V V rn � 0 �+� O � L �m N _ 1A 6 y m a N m N m C m� �1 c� Z O C m C C �. N O N , Q p N .� C N U co C m ` & 3 N +`+ l'0 Z m o N N Z N ° E '0 a v Q� rn W 0 c ca In ai E y y y K o o m �m O N m N U Q c � to d 0_' 0) U Zcb 3 . .u. BUJ >= c W G c� I §E� c 0 mE� a Ec m Vic m v''iU � a no5A m 5 = :a y mU > aEio L L N O m C m y m 0. c Q Y3 `p �" D "M 0) 3 N' m Z' C C �'. N C �_ D m N EE._ G c C E 'g �' c �w rn �c'c O ' ., m -m r m F 23' m 7 CLW 0U m U)> O 'C U222 7 m m 12 O UW C O M o U) 0) (D d U U Q¢a)<J 0) 0_(n O •� U) O cc 22 222 ���� ��� �� i m Eu�i �iU ccoc c °nom Cl) � ��� c m 7 Z C d E Q cc C tc 2 W Z U) a Q , V LL O O O N W O M O O N J C d a 2 ,Mf N V'. W r 0 I Aa M CD 0 0 N 0) 'T M � r� 0) N co V r 0 N r0 Oo OO 000 O100 rr Vf V1 V! Vf Vi Vi Vf tH Vi r r r r r r Vt Vi !A Vi EA 69 0)0)v VO)O)O 0 N�m000 T�M cD ODO N V f` 0 N�r�ON r` co co OD OD a 0 010100 V! fA Vi fA H VT V/ (p f9 V! r r r r r V> V> f9 Vi 0 fD W e} ,M P- co sM} <r n O) 0 r 1 CO O O C N 0)) V r` (3) N 'V_ f` O r` r, 0 Oo O OCT C O) O) a) Q) 0 0 0 V! f9 4'l Vi 00 0) 0) 0) n C-4 O d' CD rl 0) 000 r M 00000 C Nvrl- 0) N IT rl nrnrn aD06ed d aaa(3ioo0 f9 bi C9 0 VT V! 6%V). ,, % 0) 0'M co 0000r v v m 0 Cl) rn COO r` I` r�N CO N 00 V'Cp CArMC0000NC I: : rr- 1-- 00 co O ao 0 0i a) 0 0 0 O Vi d> Cfl 6% 6% f9 H9 to Vf Vi Vi fA Vi r r vs w co Cl) M� 000 MS �- N vCD 0r 00 GOON V r- - M0 MN r`r-r I:;0606W vi virn » � v { �env�6q 613augenVaf co 0 W M a) n Grp ONV O 0h W 0 C)VAC0GO0N 0 C C'7 0) r: r- r r; r: is CD 00 00 aD ai Oi 0) Oi of w Vi m EFl w% 0 H 0 V3. fA M m Vi 0 O) a0 O)I�v rl �aODON Gr�pp D r-O)r 0 Of MCD O0M1 O00N V r` t` P ✓ r- r at1 cfi d OD 0 0 0 0 di H % V Vi to 613 fA V► 0 69. Vi 0 r Olr coo) V'0 0) v �T rnrn LO 1 N h co 00 �(pp 0 Mr�0 N V: O n Oo O) 000 r M pr CO 0010 MC00 N v 0 P n r r: I: h w w e 00 0 0 0 00 Np0p � P a) O C O I+m O N�ID r.- CD CO GOON rnr- rl-r_r- n00' co m co 00 V) 6% dY V) V) V! V!iVl 0% 0 V! Vi c A E Q C d `p W E mtglQ y tm a U ILI a O yy U O) Y U) (D w c E w U-ii00 U x gXU) (D1,COM0�Ncn OrN co C' CD h CO 0) Or co 03 0O�cO co to co co co 0 CA 00) 0O) C d a 2 ' W V Z Q a Q a_ 0 V LL O V N UJ d Z CD C o� cn N d cc J y M n c q , (pLr oo M 101 �0C110 0 N f00 a co Vf V> aO V�- [O 0 01 0 01 V) V! V9 Vi Vf w ON LO (p m u7 V 07 i� r —� C ON V O Cl C6 co co co co 4 O N 0 =TAM r 4O 7 01 01 � r 0 0 1 N� « V9 as V> 06 00 Vi 0 aD aD CA Oi Vl V! Vi V! V) 10 CD co N N V 01 O MVV d ��H ���6W N Lo -q Lo V N LL ID 6% V! r Vl aC aD aC aC V! V! Vi V9 V% W W Ml{D� X 0 ( 0 p 10 0 COIN (gy(pp to: �r 0910 CL r I, 61��w 4 Vl 0 N co �(pp 10 L0 O1 CO N (gyp In O. Cn fr ao OD ao 0 V> Vi vi 69 Vi 6' U O N M 10 I Oi r f+l CL 696060 � ??��w C/3 m a 10N O (p OD �p IU S v aD O N M In t- � ;!`u v). 6. 6% V) ID In N Lo - 0 w 10 0 a 00 OD0 N m r- cl ' W. U). L U- w w N L N t "- C G1 w N U C U c U y L c U O O c 7 0 y N . fL LL lO 0� y �co a L . U. a 'u. o CL 000 00000 No o co O lnw 00 coo a c c 0 D m c E to 2� 0 2 STAFF REPORT ' �SATHO � Administrative Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direcfo SUBJECT: Resolution No. 6371 establishing compensation and related benefits for executive management employees effective July 1, 2003 Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6371 establishing terms of employment and compensation for executive management employees. DISCUSSION The issues for compensation and benefits are outlined in Resolution No. 6371 with an effective date of July 1, 2003. Changes to the terms and conditions of employment include: 1. Cost of living adjustment of 3.9% effective 7 -1 -03. 2. A Department Head would be eligible for retiree medical under the following formula; credit for half of prior years of public service up to a maximum of ten (10) years and five (5) continuous years of service with the City of Arcadia. 3. Administrative costs associated with the City's established IRC 401(a) defined contribution plan are paid by the City. LASER IMAGED FISCAL IMPACT Sufficient funds are available to implement the salary changes detailed in the Resolution. RECOMMENDATION Adopt Resolution. No. 6371 of the City Council of the City of Arcadia, California establishing compensation and related benefits for executive management employees effective July 1, 2003. APPROVED: � U� Y� William R: Kelly, City Manager RESOLUTION NO. 6371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EXECUTIVE. MANAGEMENT EMPLOYEES EFFECTIVE JULY 1, 2003 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 management 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 July 1, 2003, the City salary schedule shall be revised as specified in the attached Exhibit 1 to this Resolution listing the executive management classification titles and the corresponding salary range of each. LASER IMAGED S� SECTION 2. Section 14 of Resolution No. 5608 entitled, "RETIRED HEALTH INSURANCE", is amended to read, "(a) An Executive Management employee would be eligible for retiree medical who retires on a service, disability, or industrial disability retirement under the following formula; credit for half of prior years of public service up to a maximum of ten (10) years and five (5) continuous years of service with the City of Arcadia. A Management or General City employee is eligible for retired health benefits if he or she retires on a service, disability, or industrial disability retirement and has 125 days of accumulated sick leave at the date of retirement." SECTION 3. Section 9 of Resolution No. 6244 is amended to read, "All administrative costs associated with this plan will be paid by the City." SECTION 4. The Administrative Services Director shall include all revisions to Resolution No. 5608 that are made by this Resolution No. 6371 and shall provide for the original to be kept in the Office of the City Clerk with copies provided to all departments of the City. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this ATTEST: .N JUNE D. KFOW City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney 15th day of July , 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES.) SS: CITY OF ARCADIA . ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6371 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None D. WOW - -- City Clerk of the City of Arcadia 19 F F�1 W W a Z 0 � N C W Z E N 7 CC Q O G Q M CZ d1 N i� Q _._o J K n a r Qi U co R rl m N- O LO a 01 Qi 69 Vi 6 43, to N V) V! V) V) V) L aa �- X00 _O O ter- N yr 01 NVr ON MMMO C O Vi Vi V! V3, r r r N fA Vi Vf Vi Vi �o = M coornc�n�� O N V r O Oi of O a) Oi O O O i v V co O N< rl m N O. OD a 01 07 Oi a) O O O a Vi Vi 0 w Vi Vi , .- � Vf Vi Vi p M 01 1ar I' M . (ON OD O o00N MOO V r r N N V CL Ll ? w O; O O m 64 W V m Vf O C y VY V! Vi V w a M r- N W f0 m M to OD O N V' r at C 0 06W 07 m O m w 0co ( V fl. CD 00 O a0 00 a1 a1 of cr a) . Vi V V�l Vi to Vf V� Vi V) N OM0 0 00 CO ON Iq� CL N Vy�6 0 Y � N•64 m n oI n (7 (0 CO O N< d VW ��� (0�69 �� U) S o a; °' In to a)i r0) ( c (M(000 ON n h n 00 OC OO a s 4? Vi Vi V3.6% V> 0 0 Vi Vi O 0 O 0 } U) o z z E v (n E C C U 0 w O L .0 U L U :nm c_ vU L) a) a._aa) E �� ' o 2 F= U N CL a rn�i da vro a c E m � D_' Z $h 1 STAFF REPORT A dministrative Services Depa rtment DATE: July 15, 2003 TO: Mayor and City Council (� FROM: Tracey L. Hause, Administrative Services Directollj Prepared by: Chris Ludlum, Management Analyst SUBJECT: Resolution No. 6373 establishing compensation and related benefits for Public Works employees represented by Teamsters Local 911 for July 1. 2003 through June 30, 2004 Recommendation: Adopt SUMMARY Resolution No. 6373 establishes terms of employment and compensation for Public Works employees represented by the Teamsters Local 911 (Teamsters). Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning wages, benefits, and working conditions with the Teamsters. It is recommended that the City Council ratify the agreed upon Memorandum of Understanding (MOU). DISCUSSION City staff and the labor negotiator representing the City have completed discussions with the Public Works unit negotiating committee represented by the Teamsters. The resolution presented for ratification reflects a continuation of past compensation and benefits and three (3) new compensation items where agreement has been reached. Other issues not presented 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, 2003 through June 30, 2004. The Teamsters approved the conditions of the agreement on July 3, 2003. The City conducted a classification and compensation study, which was completed by Personnel Concepts, Inc. in March 2003. The MOU reflects the implementation of that plan effective July 1, 2003. LASER IMAGED Mayor and City Council July 15, 2003 Page 2 of 2 Effective the first pay period in July 2003, the salary schedule shall be improved by 2.60% for all represented employees. Effective July 1, 2003, the City will increase the contribution by $51.00 a month towards the purchase of optional health and dental plans. FISCAL IMPACT Sufficient funds are available in the fiscal year 2003 -04 budget to implement the salary and benefit changes detailed in the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6373, a Resolution of the City Council of the City of Arcadia, California establishing compensation and related benefits for the Public Works employees represented by Teamsters Local 911 for. July 1, 2003 through June 30, 2004 Approved: wl William R. Kelly, City Manager TLH:CL: 9,32A] RESOLUTION NO. 6373 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 EMPLOYEE ASSOCIATION ( "APWEA ") FOR JULY 1, 2003 THROUGH JUNE 30, 2004 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 Employee Association ( "APWEA ") dated effective as of July 1, 2003, 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 the 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 15th day of Jul 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: M JUNE City Clerk of the City of Arcadia APPROVED - ASS T/TO\FORM: Q City Attomey LASER IMAGED STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6373 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 2 CITY OF ARCADIA _►o CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911 (PUBLIC WORKS EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2003 - JUNE 30, 2004 TABLE OF CONTENTS Page Preamble 1 Article I Parties and Recognition 2 Appropriate Unit 2 Mutual Recommendation 2 Authorized Agents 2 -3 Article II Term 4 Savings Clause 4 Article II I Union Rights 5-7 • Right To Join 7 • Use of Bulletin Boards 7 • Payroll Deduction 7 • Access to Facilities 7 -8 • Union Stewards 8 • Reasonable Notice 8 Article IV Management Rights 9 Article V Compensation 10 • Promotion or Advancement 10 • Special Assignment Pay 10 Article VI Overtime (FLSA) 11 Article VII Stability Pay 12 Article VIII Tuition Reimbursement 13 Article IX Mileage Reimbursement 14 Article X Health, Dental and Life Insurance 15 -16 Retired Health Insurance 16 Article XI Disability Income Insurance 17 Article XII Medical Examinations 18 TABLE OF CONTENTS Pace Article XIII Uniforms 19 Article XIV Leaves 20 -25 • Provided For 20 • Power to Grant Leave 20 • Temporary Military Leave 21 • Vacation Leave 22 • Sick Leave 23 -24 • Workers' Compensation 24 • Holidays 24 -25 • Witness Leave 25 • Unauthorized Absence 25 Article XV Probationary Period 26 Article XVI Acting Pay 27 Article XVII Lay Offs 28 • Layoff Procedure 28 • Reemployment List 28 • Severance Pay 28 Article XVIII Personnel Files 29 Article XIX Employee Grievances 30 -37 • Definitions 30 -31 • Timeliness 31 • Employee Representation 31 • Informal Grievance Procedure 31 • Formal Grievance Procedure 31 -32 • Appeal to Human Resources Commission 33 -37 Article XX Labor - Management Committee 38 Article XXI Full Understanding /Execution of Agreement 39 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 Union 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 California Teamsters Public, Professional and Medical Employees Union 911, an affiliate of the International Brotherhood of Teamsters, an exclusively recognized employee organization, hereinafter referred to as the "Union ", pursuant to the provisions of the Meyers - Milias -Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The City agrees to give the union 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 union's authorized agent at the same time the agenda is sent to Commission members. The union shall be responsible for providing the City with the authorized agent's email address. The full -time and permanent part-time classifications covered by this agreement are: Building Maintenance Crew Chief Building Maintenance Technician Equipment Operator Fleet Maintenance Crew Chief Fleet Technician I and II Fleet Technician/Welder Maintenance Crew Chief Maintenance Worker Water Maintenance Crew Chief Water Production Crew Chief Water Production Technician I and II Water Quality Backflow Inspector Water Services Representative Crew Chief Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to the City Council, City of Arcadia, for determination. 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 Public Works bargaining unit's authorized representative is the California Teamsters Public, Professional, and Medical Employees Union Local 911. The duly authorized staff representatives are Melissa Ornelas, Business Representative and /or Raymond Whitmer, Secretary- Treasurer 3202 E. Willow Street, Signal Hill, California, 90755. 3 ARTICLE H 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 by the City Council, for the period July 1, 2003 through June 30, 2004. 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. 0 ARTICLE III UNION RIGHTS Section A. Agency Shop Legislative Authority The City of Arcadia (City) and the Public Works bargaining unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on February 28, 2002, a majority of the full time, regular employees in classifications represented by the Union 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 Union and pay Union dues 2. Pay an agency fee for representation 3. Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. Union Dues /Agency Fee Collection Effective with the pay period beginning May 26, 2002, the Administrative Services Department shall deduct Union 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 Union deduction shall not have a Union dues or agency fee deduction for that pay period. The Union 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 Union's certified financial report. The Union 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 May 1, 2002, all new hires in the Union shall be informed by the Administrative Services Department, at the time of hire, that an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union 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 Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pay Dues /Fees All unit employees who choose not to become members of Local 911 shall be required to pay to Local 911 a representation service fee that represents such employee's proportionate share of Local 911's cost of legally authorized representation services on behalf of unit employees in their 5 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 Local 911. 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 Pavffemporary 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 Local 911, 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 days unless notified by Local 911 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 Local 911 shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to unit members, 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 Union a list of all unit members and dues paying status with each Union dues check remitted to the Union. 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 (30) per cent 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. 0 Indemnification The Union 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 Union 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. SectionC. USE OF BULLETIN BOARDS The City shall provide for the Union's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: a) all postings for bulletin boards must contain the date of posting and the identification of the organization and b) the Union 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 Union members the normal and regular monthly Union 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. e 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 Union business will be conducted by employees and Union representatives outside of established work hours. 7 ARTICLE III (continued) Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: contact the Human Resources Manager or his designate, to state the purpose of his visit and which location he will be visiting, and 2. the Human Resources Manager or designate 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 Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Manager or his designate shall set an alternative time and /or location for such visit within 72 hours. SectionF. UNION STEWARDS Four (4) Shop Stewards shall be selected in such manner as the Union may determine. The Union shall notify the employer in writing of the names of the -four (4) Stewards who are authorized to represent employees in the bargaining unit. Section G. 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 two authorized representatives of the Union 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 Union shall provide the Human Resources Manager with the name and addresses of the two authorized representatives within five days of the effective date of this agreement. 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. 0 ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's retirement System. The City shall pay 7% of the employees' compensation earnable as Employer Paid Member Contributions and report the same percent of compensation eamable as special compensation. The City of Arcadia conducted a compensation study completed March 29, 2003. The recommended salary adjustments shall be effective July 1, 2003, 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 June 30, 2003 salary. After this placement on the recommended salary schedule, the schedule shall then be improved by 2.6% as a cost of living (COLA) adjustment for all employees. The new salary schedule is attached as Appendix A. 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 one step increase. The 5% 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 percentage between steps within a range is approximately 2.5 %. 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. 10 ARTICLE VI OVERTIME (FLSA) AND WORK SCHEDULES Section A. With the approval of the City Manager, and when necessary to perform essential work, a department administrator may require employees to work at any time other than during regular working hours until such work is accomplished. An employee required to be in a work status beyond forty hours (40) 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 regular hourly rate. No overtime credit shall be allowed for any period less than one -half hour. Overtime shall be rounded to the nearest one -half hour. The Department Administrator, City Manager or Designee, 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 sixty (60) 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. Section B. Employees recalled to work after completing a day's work, including any overtime shall receive a minimum credit of two (2) hours of overtime. Section C. When an 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 7 day work period, 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. Section D. .The City agrees that if it decides to change the current 9-day — 80 hour work schedule, the City will give the Union two (2) weeks advance notice and will meet and confer with the Union prior to implementing a new work schedule; provided, however, the City will not be required to meet and confer before implementing a new work schedule in the case of an emergency affecting City operations. If in the event the City determines an emergency exists, it may modify an employee's regular work hours. Reasonable notice will be given by the City to affected employees. 11 ARTICLE VII STABILITYPAY Section A. 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. 12 ARTICLE VIII TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,500 per fiscal year. School supplies are not reimbursable. The 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 reimbursement. Prior to reimbursement of costs, 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 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. 13 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. 14 ARTICLEX 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. Effective July 1, 2003, the City shall pay up to a maximum of $604.00 per month per employee for coverage. If the Citys 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. 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, 2003 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 $574.80 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 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. 15 ARTICLE X (continued) Dependent enrollment will require proof of eligibility for dependent status such as 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 during open enrollment, sign a waiver and refusal of coverage. 4. The City shall continue to provide each employee with life insurance in the amount of $7,500.00. 5. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2003 -2004. 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. RETIRED HEALTH INSURANCE The City agrees to pay the employee -only health insurance premium for eligible retirees from the classifications represented by this agreement who retire after July 1, 1985. Such payment shall cease by employee's sixty-fifth (65) birthday. If the retired employee has 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 retirees on a service, disability, or industrial disability retirement and has 125 days of accumulated sick leave at the date of retirement. An employee who has fewer than 125 days of accumulated sick leave at the date of retirement may become eligible for coverage for the employee only 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 125 days of accumulated sick leave requirement. In addition, the eligible employee must apply prior to retirement for such coverage through Human Resources. The Union shall notify Human Resources 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 CaIPERS $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 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 CaIPERS Health Program as stipulated by the Health Program. M. ARTICLE X1 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. 17 ARTICLE XII 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. IT-] ARTICLE XIII 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. 19 ARTICLE XIV 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 LEAVE 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 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 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 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 classification before or at the expiration of his 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 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 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. 20 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 year, the leave shall be granted without pay. Pay shall not exceed 30 calendar days in any one 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. 21 ARTICLE XIV (continued) Section D. VACATION LEAVE 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 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 past practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the 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 prorated 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 rate of compensation applicable at the time he leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for 50% of the pay period's vacation. It% ARTICLE XIV (continued) Section E. SICK LEAVE 1. Every full -time employee represented by this agreement shall be granted sick leave with full pay. Said sick leave shall be accumulated 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 2,000 hours of sick leave with pay. For the purposes of overtime calculation, paid sick leave, when accompanied by a doctor's note verifying illness, shall be regarded as hours worked. 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 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. a. 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. 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. 23 ARTICLE XIV (continued) In case of absence due to illness, the employe e accordance with departmental rules and explain appointing power and City Manager may deny or or injury for which it is taken is caused o r compensated outside employment. Section F. WORKERS' COMPENSATION shall notify his department in the nature of the illness. The revoke sick leave if the illness substantially aggravated by 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 employee may be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury. Such payment shall be granted only to employees with three or more full years of continuous service with the City as well as to those who have completed their initial probation with the City as of June 14, 1999. The leave shall be for up to a maximum of ten months from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. Section G. HOLIDAYS Each employee in a classification represented by this MOU shall be allowed the following holidays with eight (8) hours of regular pay: New Year's Day - January 1 Washington's Birthday - The third Monday in February Memorial Day - The last Monday in May Independence Day - July 4 Labor Day - The first Monday in September Admission Day - September 9 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 Years Eve — December 31 — 4 hours Every day appointed by the City Council for a public fast, thanksgiving or holiday. 24 ARTICLE XIV (continued) 2. In lieu of a citywide holiday to celebrate Dr. Martin Luther King's birthday, unit members shall receive eight (8) hours of floating 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 citywide holiday, this floating holiday shall cease and the unit members shall receive the citywide 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 or 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. 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. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal.. 25 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 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. 26 ARTICLE XVI ACTING PAY Section A. Any employee in the unit who is required, in writing, to work three (3) 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 shay receive the following acting pay retroactive to the first day of the assignment: 1. five (5) percent above their current rate of pay or A step of the higher classification; or 2. an employee in the classification of Maintenance Worker assigned to an acting position of Crew Chief in the following: Building Maintenance, Fleet Maintenance, Maintenance, Water Maintenance, Water Production, and /or Water Services Representative shall receive ten (10) percent above their current rate of pay; or 3. 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. Section B. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. `ri 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 fulltime service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1 /5th of their previous months' salary times the number of years of consecutive service, not exceeding five (5) years of service. no ARTICLE XV111 PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee. 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. An employee or their designated representative (in writing) shall have the right to examine and /or obtain copies of any material from the employee's personnel file. Such copies shall be provided at the employee's cost. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. 29 ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 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. Exclusions from the Grievance Procedure 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. 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. d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. 30 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. Section B. Section C. Section D 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 present the grievance. The employee time to process the grievance. The Department Head. a person of his or her choice to prepare and may use a reasonable amount of released release time must be approved by the 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 First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or 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. 3. Human Resources Manager 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 Manager on the official City grievance form. The Human Resources Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Manager 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 Manager or if the Human Resources Manager 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 Manager's decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a decision. ARTICLE XIX (Continued) Section F. APPEAL TO HUMAN RESOURCES COMMISSION 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 in 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 ARTICLE XIX (continued) 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. 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. ARTICLE XIX (Continued) 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. 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 parry 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 swom 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. ARTICLE XIX (Continued) 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 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. 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 thebasis 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 Manager 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. ARTICLE )O( LABOR - MANAGEMENT COMMITTEE Section A. The City and the Union hereby agree to the establishment of an ad hoc committee to discuss employer- employee relation matters. Each side may designate up to two (2) Maintenance Services Department representatives to serve on the committee. For purpose of coordination only, the Human Resources Manager shall be chairman of the committee. The committee shall meet quarterly as necessary, at a mutually agreed upon time and place. The party requesting the meeting shall submit an agenda of topics to be discussed no less than five (5) days prior to the scheduled meeting date. 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 Union 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 Union 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 Union. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this 14"' day of July, 2003. Teamsters Local 911 CITY OF ARCADIA Melissa Omelas William R. Kelly Business Representative City Manager NEGOTIATION TEAMS APWEA Bill Hall, Team Member Craig Clark, Team Member Kirk Norris, Team Member Anthony Pulido, Team Member Kevin Tobin, Team Member Melissa Ornelas, Representative CITY OF ARCADIA Mike Casalou, Senior Management Analyst Chris Ludlum, Management Analyst Tom Tait, Field Services Manager William W. Floyd, Jr., Attorney / W V Q Z L7. J N 0 U LL. O U b d 0 L N C w3 7 C O a CD M � a N u J � LL r I 001 0M 0 co 0) M0 co CD UO NN tO r Q 0 O rte- W LO 6 Q Q V- 6 6 co c0 0 M 6 00 Q 0 V UOCpW 0 O NM Q_ UO (D ODO rMQ LO M N � � 6� CL 6 V9� Vi 6% 6646646% U) co r 00 r 0M 0000 co 000 O6 N N UO 0 0 r 0 l0 UO Q Q Q m UO Co CO 0 r co UO. 00 . C QV it O1- OR OOrN co V 6O W0 Or MQ MMMMM M MQ� g Q� 0 6 g Vd g N���� Ld L6 ..p. 64 64 64 64 64 64 I 69 ffl M(D 00 n 0 M0(O0 M0 co O UO N UO r 2 N 0000 O LO 6Q st Q L0 t0 (O CDO M.IO CO a MQQ UO(oLO a0O r NM Q UO 6 CD 00 r M M M co cl. m CO � a Q Q 6 6 64 l0 64 N 64 69 fPr 69 (A M 69 64 N M(0 00 0 M 000 OM 0CoO UO N N 6 (�QNOOn (D U) U) QQ Q UO 160000 rM UO co NM Q Q LO (O n OD OO rN MQ LO (D 00 0 r CL 6 01 Q M- Q 0 � Q 6 . X6%6 ffl fA fH 4A 64 U) M N M O r 00 Ih 0 Cl) 0 00 0 M 0 00 O 0 N N UO LL O I Q N 0 0 1` 0 6 6 It Q Q 6 LID (0 0 0 M 6 r N CO Q V LO 0 r 07 0 O r N Cl) V UO (0 c0 O O CO C6 cli C6 M N Cl) Cl) � � Q N 6 N � � tq � 0 � � y CD M N M M �- 00 1 0 Cl) 0 00 0 M 0 O O UO N N co O Q N 00 n6 LO QQ 66(0 N 0 M W Or NMQ V UO(0 r- 0 00 N M V V) to a M C6 M M C6 M M M M 07 M li Q V' Q Q Q Q Q Q d 6% 64 64 64 Q) 6p, 69 64 64 64 64 69 69 EA 64 fA fR 69 fA tR r (p M N M) CO r 0 M 0 cD 0 M 0 co O 6 N CO O Q N O 0 r O L U) Q Q Q Ln 6 O�W 0 00 r N M Q V UO6 co a) O r N M IT V) O 00 a M M M M M m M M co (`7 M M Q V' Q Q� 7 V NT-T i 64 64 64 64 64 64 64 64 vi 64 64 60 - Yi fR fA f9 a0r )MNM co r 07 h- O 0O0M 0cD O6 Mr 0 0 0 co 0 (DQ r N N M 00 V V r-- U O 6' (0 UO(D r 0 Q Q Cl) 0 Q r LO N UO(000O M V V) 0 M cd M co M M M M (h a Q V Q Q V Q 01 V! 64 64 64 (fl 64 EA 64 64 64 64 64 (9 fA 64 EA fA (O CO r(0 MN M(�ppr 00 1� 0 M 000O MO COO m O M r 00 co Q N O 0 1- O UO LO Q Q Q UO UO O W OOOrN M Q Q 6 Co P, OOO r N co Q 6 a 00 M N MN2, co X0 Cl) Cl) �fA 6 � ��M 6%66% 6 CO (D 00 r 0 M N M 6 r c0 r 0 M 0 00 0 M 0 0 Q 0 O M r' 0D (D Q N O 0 O () UO Q V Q UO U') (D ao 0 o O r N M V V 6 O r W 0 0 r Q a n N » N N- M N' M »�6q s aMa�� 69 Q9. 6 6 6% V>(A I w t w U r U D w w U ~ _ �- d r d t 3? y . 3 � a�i c m a _ 0 C p c C p U CL c O m w d.0 - u (0 ' U (C U 'V C L 1 2 0 -6-00 L C C L p p 7 C 01 0 N d C W r Ld C� O H F U, C j .15 N 'O C N 0) d m W f- LL LLL LL m 2 "n.aaaaa aaaa as aaaa aaaa N (0 n W 0 0 r N co UO O r CD UO 0 0 r N M UO Cf� UO LO 66�UO 66 6OO 6(D�O 0 E K Z DATE: July 15, 2003 STAFF REPORT Administrative Services Department TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct By: Michael A. Casalou, Senior Management Analyst 77W, SUBJECT: SUMMARY Resolution No. 6374 establishes terms of employment and compensation for Confidential, Supervisory, Professional and General employees represented by Teamsters Local 911. Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning wages, benefits and working conditions with Teamsters Local 911. City Council ratification of the agreed upon Memorandum of Understanding (MOU) is recommended. DISCUSSION agreement were approved by Teamsters Local 911 on July 7, 2003. City staff and the labor negotiator representing the City have completed discussions with the negotiating committee of Teamsters Local 911. The resolution presented for ratification reflects a continuation of past compensation and benefits and three new compensation items where agreement has been reached. Other issues not presented 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, 2003 through June 30, 2004. The conditions of the The City conducted a classification and compensation study, which was competed by Personnel Concepts, Inc. in March 2003. The MOU reflects the implementation of that study effective July 1, 2003. 4' LASER IMAGED Recommendation: Adopt Mayor and City Council July 15, 2003 Page 2 of 2 Implementation of compensation plan up to a maximum of 5% will be effective July 1, 2003. Effective July 1, 2003, the salary schedule shall be improved by 2.75% for all represented employees. Effective July 1, 2003, the City will increase the contribution by $42.00 a month towards the purchase of optional health and dental plans. FISCAL IMPACT Sufficient funds are available in the fiscal year 2003 -04 budget to implement the salary changes detailed in the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6374, a Resolution of the City Council of the City of Arcadia, California, approving Memoranda of Understanding for Confidential, Supervisory, Professional and General employees represented by Teamsters Local 911 for July 1, 2003 through June 30, 2004. APPROVED: William R. Kelly, City Manager ? o� ra d RESOLUTION NO. 6374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR CONFIDENTIAL, SUPERVISORY, PROFESSIONAL AND GENERAL EMPLOYEES REPRESENTED BY TEAMSTERS LOCAL 911 FOR JULY 1, 2003 THROUGH JUNE 30, 2004 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 Confidential, Supervisory, Professional and General Employees represented by Teamsters Local 911 dated effective as of July 1, 2003, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City. The salary and benefits for Confidential, Supervisory, Professional and General Employees represented by Teamsters Local 911 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 15th day of July , 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: P. (� - City Attorney LASER IMAGED o-( J STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6374 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 2 CITY OF ARCADIA .l, CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911 (CONFIDENTIAUSUPERVISORY /PROFESSIONAL UNIT AND GENERAL. EMPLOYEE UNIT) MEMORANDUM OF UNDERSTANDING JULY 1, 2003 THROUGH JUNE 30, 2004 TABLE OF CONTENTS 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 -5 Article III Union Rights 6 -9 A. Right To Join 8 -9 B.. Use of Bulletin Boards 9 C. Payroll Deduction 9 D. Access to Facilities 9 -10 E. Union Stewards 10 -11 F. Reasonable Notice 11 G. List of Names 11 Article IV Management Rights 12 Article V Compensation 13 Promotion or Advancement 13 -14 Article VI Hours 15 Overtime (FLSA) 15 Rest Periods 15 -16 Work Schedule 16 Article VII Stability Pay 17 Article Vlll Tuition Reimbursement 18 Article IX Mileage Reimbursement 19 Article X Health, Dental and Life Insurance 20 -22 Retired Health Insurance 22 Article XI Disability Income Insurance 23 Article XI Medical Examinations 24 Article XI I Uniforms 25 -26 TABLE OF CONTENTS Paqe Article XIV Leaves of Absence 27 A. Non - Medical Leaves Without Pay 27 B. Family Care and Medical Leaves 28 -31 C. Military Leave 31 -32 D. Vacation Leave 32 -33 E. Sick Leave 33 -34 F. Bereavement Leave 34 G. Holidays 35-36 H. Jury Leave 36 I. Court Witness Leave 36 J. Industrial Accident Leave 36 -37 Article XV Probationary Period 38 Article XVI Special Pay 39 A. Acting Pay 39 B. Call -Back Pay 39 C. Bilingual Pay 39 D. Dispatch Training Pay 39 Article XVII Layoffs 40 A. Layoff Procedure 40 B. Re- employment List 40 C. Definitions 41 Article XVIII Personnel Files 42 Article XIX Employee Grievances 43 -50 A. Definitions 44 B. Timeliness 44 C. Employee Representation 44 D. Informal Grievance Procedure 44 E. Formal Grievance Procedure 44-46 F. Appeal to Human Resources Commission 46 -51 Article XX Disciplinary Action 52 A. Suspension, Salary Reduction, Demotion & Dismissal 52 B. Notification and Appeal Procedure 52 C. Salary Reduction 53 D. Unauthorized Absence 53 Article XXI Full Understanding /Execution of Agreement 54 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 Union 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 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 California Teamsters Public, Professional and Medical Employees Union 911, an affiliate of the International Brotherhood of Teamsters, a formally recognized exclusive employee organization, hereinafter referred to as the "Union ", pursuant to the provisions of the Meyers - Milias -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 Legal Coordinator Administrative Assistant — H.R. Librarian Assistant Engineer Principal Librarian Assistant Planner Redevelopment Project Analyst Associate Civil Engineer Senior Library Technician Associate Planner Senior Police Records Technician Deputy City Clerk Video Technician /Office Assistant Deputy Fire Marshal Revenue Collection Specialist Executive Assistant Senior Combination Inspector Human Resources Technician Senior Planner General Employee Unit Accounting Technician 1 /11 Fire Administrative Specialist Administrative Assistant Fire Inspector Building Technician I Info and Referral Coordinator Building Technician 11 Information Systems Specialist Business License Officer Library. Technician I Code Services Officer Library Technician II Combination Inspector Logistical Services Officer Communications Specialist Office Assistant Community Service Officer Police Records Technician I Circulation Services Supervisor Recreation Coordinator Communications & Marketing Specialist 1 &2 Senior Citizens Program Specialist Engineering Assistant Senior Citizens Project Specialist Evidence Technician Senior Engineering Assistant Historical Museum Education Coordinator Police Communications & Information Systems Specialist 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 the California Teamsters Public, Professional, and Medical Employees Union Local 911. The duly authorized staff representatives are Melissa Ornelas , or designee 3202 E. Willow Street, Signal Hill, California, 90755. Section E. The City agrees to give the union 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 union's authorized agent at the same time the agenda is sent to Commission members. The union shall be responsible for providing the City with the authorized agent's email address. 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, 2003 and ending June 30, 2004. 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 Union, 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 Union 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 Union 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 Union 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 Union. No such actions shall be 0 ARTICLE H (continued) taken by the City in the event that the Union 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 Union or employees. Upon the expiration of this agreement, this language shall not prevent the Union from engaging in such activities mentioned above, to the extent such activity is otherwise legal for public employees to participate in. 5 ARTICLE Ill UNION RIGHTS Section A. AGENCY SHOP AGREEMENT Legislative Authority The City of Arcadia (City) and Teamsters Local 911, Confidential, Supervisory, Professional, And General Employee Bargaining Unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on March 21, 2002, a simple majority of ballots cast by regular employees in classifications represented by the Union 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 Union and pay union dues 2. Pay an agency fee for representation 3. Or 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. Union Dues /Agency Fee Collection Effective with the pay period beginning May 26, 2002, the Administrative Services Department shall deduct union 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 union deduction shall not have a union dues or agency fee deduction for that pay period. The Union 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 Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payers paycheck. New Hire Notification Effective May 1, 2002, all new hires in the Confidential, Supervisory, Professional, And General Employee Bargaining Unit shall be informed by the Human Resources Office of the Administrative Services Department, at the time of hire, that an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee ARTICLE III (continued) 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 Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pav Dues /Fees All unit employees who choose not to become members of Local 911 shall be required to pay to Local 911 a representation service fee that represents such employee's proportionate share of Local 911'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 Local 911. 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 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 Local 911, 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 days unless notified by Local 911 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 Union 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 7 ARTICLE (continued) 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 Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Aareement 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 (30) per cent 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 Union shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this agreement. Memorandum of Understanding (MOU) This side letter is a part of the MOU in effect and its content shall be incorporated into the next, updated version of the Teamster 911 Memorandum of Understanding with the City of Arcadia. Section B. RIGHT TO JOIN The City and the Union 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 union shall be required to maintain their membership in the union 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 union and to the City during the resignation period. The City and the Union agree that neither shall discriminate or retaliate against any employee for the employee's participation or non - participation in any Union activity. M ARTICLE III (continued) Section C. USE OF BULLETIN BOARDS The City shall provide for the Union's use, designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: a) all postings for bulletin boards must contain the date of posting and the identification of the organization and; b) the Union 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 #1, Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #2, 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 first paycheck of each month and remit to the Union, pay of Union members the normal and regular monthly Union membership dues as voluntarily authorized in writing by the employee subject to the following conditions: 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. 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. Every effort will be made to remit dues to the Union within two weeks of receipt. The union 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. Section E. ACCESS TO FACILITIES All Union business will be conducted by employees and Union representatives outside of established work hours. Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. N The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: contact the Human Resources Manager or his designate, to state the purpose of his visit and which location he will be visiting, and 2. the Human Resources Manager or designate 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 Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Manager or his designate shall set an alternative time and /or location for such visit within 72 hours. The Union 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. UNION STEWARDS 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 Union may determine. The Union shall notify the employer in writing of the names of the seven (7) stewards. 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 be permitted one day off without pay each calendar year to attend a training session with Teamsters. Advance written notice of no less than fourteen (14) calendar days shall be given to each steward's supervisor. 3. Union 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: 10 ARTICLE NI (continued) • Representation at a meeting that is reasonably expected to result in discipline when the Union Business Agent is not available to be present. • Representation at a grievance hearing. • Special meeting with Human Resources Manager, or designee, and Union 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 Union business. To facilitate the process, the steward shall contact the Human Resources Manager or designee to arrange the time to conduct Union 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 Manager. Time spent on steward activities outside of normal working hours is not compensable. SectionG. 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 Union outlining the area(s) of concern, together with the Union'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 Union and the chief shop steward a copy of the agendas for each City Council and /or Human Resources Commission meeting. Section H. LIST OF NAMES The Union 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. 11 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 cant' 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. 12. ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's Retirement System. The City shall pay seven (7) percent of the employees' compensation eamable as Employer Paid Member Contributions and report the same percent of compensation earnable as special compensation. The City shall contract with the Public Employees Retirement System to provide the 2% at 55 retirement program to represented employees. The City agrees to contract with PIERS to provide Union with a Military Service Credit option. It is agreed and understood that the employee is responsible for the paying for this benefit. The City of Arcadia conducted a compensation study completed March 29, 2003. The recommended salary adjustments shall be effective July 1, 2003, 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 June 30, 2003 salary. After this placement on the recommended salary schedule, the schedule shall then be improved by 2.75% as a cost of living adjustment (COLA) for all employees. The new salary schedule is attached as Appendix A. 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 an approximate 5% increase in compensation unless the top step in such range provides less than that 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 13 ARTICLE V (continued) 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. 14 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 sixty (60) 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. 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 15 ARTICLE W (continued) employee, but periods cannot be used to make up for other lost time. Rest periods are not cumulative and may not be taken concurrently with lunch periods. Section C. WORK SCHEDULES (1) 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 (5/40, 9/80, 4/10, 3/12 or 3/13.20), the City agrees it will meet and confer with the Union prior to eliminating the alternate work schedule. If, after meeting and conferring with the Union, 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. (2) 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. (3) 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 employees performance issues, or employee training. f[~'. ARTICLE V11 STABILITY PAY Section A. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. 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. 17 ARTICLE VIII TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,500.00 per fiscal year. School supplies are not reimbursable. The 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 reimbursement. Prior to reimbursement of costs, 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 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. W-1 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. 19 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. 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. 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, 2003 the City shall provide regular full -time employees in a classification represented by this Agreement with the following contributions: 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 $565.80 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. 20 ARTICLEX (continued) The employee need not enroll in a medical plan to be eligible for optional benefits allowance provided that the employee annually during open enrollment, sign a waiver and refusal of coverage. Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth and adoption certificate. 4. Life Insurance The City shall continue to provide $7500.00 life insurance benefit for eligible employees. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2003 -2004. 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, 2003, the City shall provide regular part-time employees in a classification represented by this Agreement with the following contributions: 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. 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 during open enrollment, sign a waiver and refusal of coverage. Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth and adoption certificate. 21 ARTICLEX (continued) 4. Life Insurance The City shall continue to provide $7500.00 life insurance benefit for eligible employees. 5. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2003 -2004. 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 The City agrees to pay the employee -only health insurance monthly premium cost for eligible City retirees. 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. Such payment shall cease when Medicare coverage starts. If the retired employee has other group medical coverage available to the employee, then this other group insurance shall be primary and the Citys health insurance plan shall function as a secondary co- insurance. In order to be eligible for retiree health coverage, the employee 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. 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 four hundred eighty (480) 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: 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 one thousand (1000) hours accumulated sick leave requirement. 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. 22 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 en employee who works at least 30 hours per week, during the life of the agreement. 23 ARTICLE XIl 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. 24 ARTICLE Xlll 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 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 Service Officer • Dispatcher I • Dispatcher II . • Evidence Technician • Fire Inspector • Fire Administration Specialist • Police Records Technician 1 /II • 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 /11 (2) ■ Dispatcher 1 /11 (2) • All other employees represented by this MOU shall receive one (1) Polo shirts are provided 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. 25 ARTICLE Xlll (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, Code Services Officer, Community Service 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. 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: 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 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 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 Office of his /her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. 27 ARTICLE X(V (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. 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 W 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: 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 r'7 ARTICLEXIV (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 City 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. 30. ARTICLE XIV (continued) 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. 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 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. 31 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 a) Accumulated vacation leave shall be granted at the discretion of the appointing power. b) 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. c) 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 Citys 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. d) 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 rate of compensation applicable at the time he 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. e) 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. 32 ARTICLEXIV (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. f. Vacation scheduling for the dispatch, records, and community service 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. Section E. SICK LEAVE a) 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. b) 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. c) 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 during regular working hours. Every effort shall be made to schedule appointments during non - working hours. 33 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 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. f) In case of absence due to illness, the employee shall notify his 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. 34 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 Years Eve — December 31 - 4 hours Every day appointed by the City Council for a public fast, thanksgiving or holiday. 2. Whenever New Years 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 citywide holiday to celebrate Dr. Martin Luther King's birthday, full - time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. In lieu of a citywide 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 citywide holiday, the floating holiday(s) shall cease and eligible employees shall receive the citywide holiday. 4. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his or 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 shall be added to the number of working days' leave of absence to which such employee is entitled. 35 Full -time employees assigned to an alternate work week may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up the difference between the provided eight 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 nine (9) hours, the employee shall receive eight (8) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 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. 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. Section H. 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 workweek, 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. Section 1. 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 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 J. INDUSTRIAL ACCIDENT LEAVE Industrial accident leave shall be granted only to employees with three or more full years of continuous service with the City. 36 ARTICLE XIV (continued) 2. Industrial accident leave shall be allowed for a maximum of ten 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. 37 ARTICLE" 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 /II 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 1 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 Manager. 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. KM ARTICLE XVI 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 (5) percent 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 five (5) employees in the Classifications of Police Clerk and Community Service Officer in the Police Department may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $30 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 TRAINING PAY During the term of this agreement, a Dispatcher assigned by the Chief or his designee to perform the extra duty and responsibility of training new Dispatchers shall receive $50.00 per pay period, in addition to their base salary, only while in the capacity of training a new Dispatcher. 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 he City their current address shall result in the employee's name being removed from the eligibility list. EN Section C. Employee - Permanent full -time and permanent part -time worker of the City of Arcadia who has been employed by the City for twelve consecutive months. Layoff - 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 ff an employee's overall performance evaluation rating in any one of the last three 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. 41 ARTICLE XVIII PERSONNEL FILES Section A. The City shall maintain a central personnel file for each employee in the Human Resources Office. 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 recruitment's. 42 ARTICLEXIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 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 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. 43 ARTICLEXIX (continued) 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. 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 or 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 First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or 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. 44 ARTICLE XIX (continued) The date or dates on which the violation occurred. Documents, witnesses or evidence in support of the grievance. e. 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 Manager 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 Manager on the official City grievance form. The Human Resources Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Manager 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. 45 ARTICLEXIX (continued) 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Manager or if the Human Resources Manager 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 Manager's decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a decision. Section F. APPEAL TO HUMAN RESOURCES COMMISSION 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. 47 ARTICLEM (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. 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. 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: M "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: The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each parry. 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. 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. Sp 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 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 Manager 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. so ARTICLEXIX (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. 51 ARTICLE XX DISCIPLINARYACTIONS Section A. 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. DISCIPLINARY ACTION: 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 Manager 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. 52 ARVCLEXX (continued) Section C. SALARY REDUCTION An employee may be disciplined by reduction in compensation to any step in the salary scale applicable to the employee's current classification or to the classification to which the employee is demoted. Section D. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 53 I' ARTICLE XX1 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 Union 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 Union 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 14th day of July, 2003. Teamsters Local 911 Melissa Omelas Business Representative CITY OF ARCADIA William R. Kelly City Manager 54 2003 Bargaining Unit Teamsters Neootiating Team City of Arcadia Representatives Laurie Cornelius Michael A. Casalou, Senior Management Analyst Patty Harper Janice Cumming, Police Records Manager Dan Lazo, Steward Brian Saeki, Management Analyst Mark Ornelas Robert Sanderson, Police Captain Janet Mallen, Steward William W. Floyd, Jr., Attorney Silva Vergel, Steward Cara Wilhelm Melissa Omelas, Teamsters Business Representative 55 b 0 a a M / w V N Q Z li Q N V a LL O G a T N � r LLI Z i C O� ey Ln C N N J `` m cu r N 0 r co n co r �• st r O) fD�N r O i0 nf t tO 1 �f O O rNM <I0 0n Co O O r Nm � OIL 0) 601 M v) m 69 c o v vi 69 M 6% M M m M m m a�69 69 vi V) vi 69 » e9 co O N 0 r 0r- co r(D M M tO (D tO tO 0) - n 0) fD V' N r 0) co i n LO � to to a cc C O r N M R rl' r N N vi N w cn (A C)mIM v) (9160 C) fA (nM e9 69 7(q (n v> m vi m W, H tlV9i � I i x 00 n N 0 r x100 O1 (0 O d C O O O 0% OO v N N m N 0) (O V 0(D h - (D n LO W to Of Or 0 ONN N m C m M rim M Cl) Cl) Cl) Cl) m er e} vi vi 69 69 60 60 69 v) v) vi 0 69 69 6% vi /A fA N 0 O NI x 0)0 00 0 C l) �00 (0D <N r ( N W) 0 0 cc r Nm V V 0 (D h 0 OIO N M M• M• M• V> M• M � M• M• M• M• M• CO 6 N U N 9 V) ON O O N(D W n Or fp M M t0 Q1t0 LL (p (O m O 0 11 a0 r O) (D V N r- O co n (D U) LO CL NN O O M r N N M �? rT M tO M (O r 0 01 N NNM Cl) C) Cl) Cl) M Mm vi di tl9 vi e9 69 /9 V)i V9 69 69 69 60 69 69 (9 (A N C> O N co r 00 n OD r co M M 0 O) W O� L CL N (o N r 00 OD O M NM V' R N coo i r-Go mo d„ 6% 69 N 60 N t9 C w 69 N c7 69 w C) w Iv) M M vi Ci 6A C) 69 (.7 69 M 69 C1 69 C) 69 I U i n O N O O N (D r co n c0 r . IT :(p � LDD 0 ( 0 0 r co coo O � N M er m N N (V N NN N O C7 M C) M M M M LO M m M w d; 69 v) w vi e9 w to f9 69 69 69 69 (9 V) (9 69 I � Nn O ON O O N(D 0t` O r Uv0 nm O co (OM 0� 00 r r O)tO N Ir 0 M� n•NN $ 69 vi N 60 NNN v) v) vt O (V N m O O r M N M M �� M 'tf C) 00 mm co 69 vi w v) 69 69 V) 69 69 v) 69 to tO h 0 to (N O O N (D c0 6� co r (o m mrl� M O(DM O n R r O)fO �} N r 0) co CL V v 0 0 6D 6� 00 60 C O O r N co V V to y N fV N N N N N (V (V C) co co C7 (M M C) C> 0 vi 69 v) vi e9 69 69 vi 6A 69 69 (9 vi 60 vi 06% Q. � MO ( M 00 'o co 6� a0 r 0 C LI V' R to to (D r-- co 00 C r N M IT YN N N NNN N NN Nmm m C) M MC) m v! W 6.3 6 N di 6c> N vi N 6% f9 vi v) V) a) C P 9 N C d p C N C Lo V 0 _ it C C (D U) — O U m U O 4s S rn �_ � .0 c l0 N c U c 0 cx — c P ' O N C V! C (L1 V V N O 0 L U f0 v !? 0 L c •o rr� ¢ f0 v a W y _ N ~ v N � — �? Gj t FE a U NU F 'c in (A �.. c v y c E E c m y U O Q c m m w d N L /D N I... L (9 ♦- P d U L 7 'U Z P j 'CI (� c 0/ jam. O > i� . 8 mo N C N - a yOF-. y , C L(IJ (D (8 'C a0..- :7 7 I"' > m �C1 ) �_ N O V N O y 2'2 � Q C U - r N PU d p N L � N� N (( m U C C _ m 88 O1 U_ Z ` O (nom¢ j N F N Q' N m l'� O a V ~ C ' C ~ m 7 N r C E� F O ¢ J a N (Jyn N .0 L U N o C c a c Cl) c c jc a) U) fE a Ea� a a o- o�iw a a N c '_ aQvE�•(Ai)•`o_`odcdQ�m(1 W E g c 'c o a$ d a E a $ i -UOC Q� ¢o �a U) 5: (� m oo w000in _�9 0 m c��rnmmm0LL a)a) d >> v QUw c fA M 0 V r N M y < V tO V ? t N d' Im c d E V t tN t0O m x2 .W Z a o LL O l J b CL Q O C N W — Z� 7 � 00 M o m o� N E LL r r O) 0) N 0) 0) N co W O co N nOD O ,M OM o W N r fON �fO r 0 0MC c- M CLO co O M Ln 69 10 W. L6 fA f0 N M 6431 Ln to Ln fA (0I(O WO. 6 W. LO 7 O m 01 N m O N OD OD '- co co (O - co O� MO co I O co N r, fO M V LO r co O O '- M V m r CO O 6 M M N 66 �� V> �H� O o V O CD m cq co CO r CO (O O r OD O M (O CO (O co N r N M M r R O) O M V' (O r 00 O �a � 692 to 2�a 62 LO 0) N V CO , 0) 0) N 0) 01 • N 00 OD r Ln LO O r OD O l M (O aD r LO Oo N r r LO r OD O O E M v LO r O Lri 6 H �} (O Ln LO V (0 O 0I N O) O) N O O (O LO LO (O r OO O �- Cl) (D OD '- LO OO N O N M V LO 00 O)O M t2 r (A 0) N O) O N OD I�L(i BMW U) N( M O co I oco (AO � NM I 0 O1 O Md• (O I 6 ffl Vi y �LO f9� 319 �� �N69 01 LO LO W o a (D - CD N O)0)N LO L�i LDLn(or o O,M to m,Ln 00 a o N M a_ Ln � co m o M V M fn M » �i w w tq LO 6% m i i (�i (`r� (� ( LO O LO Ln O) LA CD N O) O 0) o CO 7 N co N o LO r-_ r-_ o vi vi M » Vi �N{ �M a s �fli� Vi Ni M (n Q) in C (O 01 (O d' CD O) O N O r- (D LO N(O(OW (O rCOO 1 M(ON �O) O� N M 7 (O co OO1 � � m t M M LO CA to O 1n O) 1O v (O O) O) N r (0 LO LO 10 LO In '(O r co O M (O r fD 0) O5 N V' LO r'- OO 0)O IrD V) N• W,64 m� a M a L tl9 V N N (� (n (n • O e C n 49 p N N U) MO d ° ° ¢ to o c A 4) n E t c c y c u) (D O a O C w 1--cc w O C L . N l0 C N : C fA O C O C O OO C `. N C I N 7 0 l0 N En C N m O E C1 C 2 Z O 08 M_ o CL C w O 72 U 1- $ •a 0 0 C N ;p U O O c Lp a LL J d c� m c m W m E a U m fa 'D y @ E N u� 0 7€ (U N O O y O) K W x IL 2 J _g J (g Q U D_ U) (n u IL a �.fn o a Q NCO i� �� �� Administrative Services Department DATE: July 15, 2003 TO: Mayor And City Council FROM: Tracey L. Hause, Administrative Services Directoz By: Michael A. Casalou, Senior Management Analyst, SUBJECT: SUMMARY Resolution No. 6375 establishes terms of employment and compensation for City employees represented by the Arcadia Police Officers' Association (APOA). Pursuant to the Meyers - Milias -Brown Act, the City has met and conferred in good faith concerning wages, benefits and working conditions with the APOA. City Council ratification of the agreed upon Memorandum of Understanding (MOU) is recommended. DISCUSSION City staff and the labor, negotiator representing the City have completed discussions with the negotiating committee of the APOA. The resolution presented for ratification reflects a continuation of past compensation and benefits and four new compensation 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, 2003 through June 30, 2004. The conditions of the agreement were approved by the APOA on July 9, 2003. The City conducted a classification and compensation study, which was competed by Personnel Concepts, Inc. in March 2003. The MOU reflects the implementation of that study. Effective July 1, 2003, implementation of the compensation plan. Effective July 1, 2003, each employee who has earned an Intermediate P.O.S.T. Certificate shall receive an additional 4% as their regular salary. Employees who LASER IMAGED v e Mayor and City Council July 15, 2003 Page 2 of 2 have earned an Advanced P.O.S.T. Certificate shall receive an additional 10% as their regular salary. The P.O.S.T. Certification bonus pay may not be combined with either the incentive pay for an AA or BA degree. On January 1, 2003, the City will increase the contribution by $8.00 a month towards the purchase of optional health and dental plans. Effective July 1, 2003, each officer required by the City to report to court to testify during the officer's off -duty time shall receive one (1) additional hour straight time (3 hours total) or the actual time in court, whichever is greater. Additionally, when an officer reports to court in the morning and is issued an "on- call" subpoena for the afternoon, in addition to the three (3) hours at straight time the officer receives for reporting in the morning, the officer shall receive two (2) hours of straight time for each day the officer is on call. In the event an officer is called to report in the afternoon, the,officer shall receive three (3) hours at straight time or the actual time in court, whichever is greater, in lieu of the two (2) hours of "on- call" pay. FISCAL IMPACT Sufficient funds are available in the fiscal year 2003 -04 budget to implement the salary changes detailed in the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6375, a Resolution of the City Council of the City of Arcadia, California, approving Memoranda of Understanding for Employees represented by Arcadia Police Officers' Association, (APOA) for July 1, 2003 through June 30, 2004. APPROVED William R. Kelly, City Manager 031x`) [11�I F01,2Aj RESOLUTION NO. 6375 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 POLICE OFFICERS' ASSOCIATION ( "APOA ') FOR JULY 1, 2003 THROUGH JUNE 30, 2004 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 Police Officers' Association ( "APDX dated effective as of July 1, 2003, 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 the APOA 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 15th day of July 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: /V JUNE City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney LASER IMAGED .5Wir STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6375 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None i juNE D, City Clerk of the City of Arcadia 2 CITY OF ARCADIA AND ARCADIA POLICE OFFICER ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1 2003 JUNE 30, 2004 TABLE OF CONTENTS Page Article I Parties and Recognition 1 Appropriate Unit 1 Mutual Recommendation 1 Article II Terms 2 . Savings Clause 2 Article III Association Rights 3-4 • Right to Join 3 • Use of Bulletin Boards 3 .. Payroll Deduction 3 • Reasonable Notice 3 • Awards and Safety Committees 4 Article IV Management Rights 5 Article V Compensation 6 -8 • General Compensation 6 • Training Officer Assignment 6 • Bilingual Pay 6 • Promotion or Step Advancement 6 • Educational Incentive Compensation 7 -8 • Court Time 8 • Canine Officer Detail 9 Article VI Overtime 10 • Premium Overtime Compensation 10 • Straight or Compensatory Time Off 10 Article VII Stability Pay 11 Article VIII Retirement 12 Article IX Health, Dental and Life Insurance 13 -14 • Retiree Health Insurance 14 Article X Disability Income Insurance 15 Article XI Employee Physicals 16 TABLE OF CONTENTS Article XI Uniforms. . Article X1 11 Tuition Reimbursements Article XIV Leaves • Provided For • Power to Grant Leaves • Military Leave. • Vacation Leave • Sick Leave • Workers' Compensation • Holidays • Jury Leave • Witness Leave: • Unauthorized Absence Article XV Probationary Period Article XVI Shifts Article XVII Response Time Article XVIII Patrol Work Schedule and Training Assignments Article XIX Employee Grievances Article XX Full Understanding /Execution of Agreement Appendix A Salary Schedule Page 17 18 19 -24 19 19 20 21 -22 22 -23 24 24 24 24 24 25 26 27 28 29-43 44 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 Police Officer Association a formally recognized employee organization, hereinafter referred to as the "Association ", pursuant to the provisions of the Meyers - Milias -Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Police Officer Police Agent Police Sergeant Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, City of Arcadia, for determination. ON ARTICLE 11 Section A. TERMS 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, 2003 and ending June 30,2004. 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 preemptive legislation, that 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 the Agreement shall remain in full force and effect. ARTICLE III Section A. Section B. Section C. Section D. ASSOCIATION RIGHTS RIGHT TO JOIN organization activities. 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 USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin board 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 or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. 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 days or longer after such submission. 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 two 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 Commission with the name and addresses of the two authorized representatives within five days of the effective date of this agreement. 3 ARTICLE M (continued) Section E. AWARDS AND SAFETY COMMITTEES The Association shall be entitled to appoint a member to both the Employee Awards and Safety Committees. 4 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 Citys 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. GENERAL COMPENSATION The City shall continue to pay the 9% employee contribution to the Public Employee's Retirement System. . 2. The City's compensation study was completed March 29, 2003. The study utilized a labor market for the City, which included police service salary data for the County of Los Angeles, and the cities of Alhambra, Burbank, Covina, Downey, El Monte, Gardena, Glendora, Monrovia, Monterey Park, Norwalk, Pasadena, West Covina, and Whittier.. As a result of the compensation plan, effective July 1, 2003, the salary schedule for the classifications of Police Officer, Police Agent and Police Sergeant shall be improved by 2.5 %. The new salary schedule (Appendix A) reflects these changes. In addition, the new salary schedule reflects the addition of four new salary ranges for employees who qualify for additional compensation as identified in Article V, Section E. 3. Section B. TRAINING OFFICER ASSIGNMENT During the term of this agreement, a Police Officer /Agent assigned by the Chief or his designee to perform the extra duty and responsibility of training new Police Officers shall receive $80.00 per pay period, in addition to his base salary during the period of the assignment. Section C. BILINGUAL PAY During the term of this agreement, the City will offer a bilingual bonus program. To qualify, bargaining unit members must pass the test developed or utilized by the City for languages specified by the City. No more than four (4) members will be eligible to qualify for the bonus. A member designated to receive a bilingual bonus shall receive $46.15 per pay period in addition to his base salary. Section D. 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 one step increase in compensation unless the top step in such range provides less than one step increase. Such one step 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 E. EDUCATIONAL INCENTIVE COMPENSATION 1. During the term of this agreement, for the classifications listed above, the City shall provide an education incentive program. Qualified employees who possess an Associate of Arts degree shall receive an additional 2 1/2% as their regular salary. Employees who possess a Bachelor of Arts or Sciences degree shall receive an additional 5% as their regular salary. Employees shall not receive in excess of 5% for any educational incentive. Employees shall qualify for the 2 1/2% education bonus when they have satisfied the basic education and training requirements by one of the following methods: a. The sworn employee shall have been awarded an Associate of Arts or Associate in Science degree in Police Science, Police Administration or related degree by an institution accredited by the California Department of Education. b. The sworn employee shall have 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 have completed a minimum of 20 units in police related courses acceptable to an accredited California Junior College towards an Associate in Arts Degree in Police Science, Police Administration or related degree. C. A sworn employee, employed prior to December 31, 1965, may qualify by having been awarded an Intermediate Certificate by the California Commission on Peace Officer Standards and Training. 2. Employees shall. qualify for the 5% education bonus upon receiving a Bachelor of Arts or Bachelor of Science degree from an institution accredited by the California Department of Education. 7 ARTICLE V (continued) 3. Effective July 1, 2003, each employee who has earned an Intermediate P.O.S.T. Certificate shall receive an additional 4% as their regular salary. Employees who have earned an Advanced P.O.S.T. Certificate shall receive an additional 10% as their regular salary. The P.O.S.T. Certification pay may not be combined with educational incentive compensation provided in Article V, Section E. 1. By way of example, and not limitation, as eligible employee with a B.A. degree and an Advanced P.O.S.T. Certificate would receive the Certificate pay of 10 %, but would not receive the B.A.-degree pay of 5 %. An eligible employee with a B.A. degree and an Intermediate P.O.S.T. Certificate would receive the B.A. degree pay of 5 %, but would not receive the Certificate pay of 4 %. 4. Members who qualify for any step advancement based on education shall provide to the Police Chief a copy of their transcript, which shows attainment of the .qualifying education. The copy of the transcript shall then be placed in their personnel file. Additionally, members who qualify for the P.O.S.T. Certification bonus pay shall provide to the Police Chief a copy of the Intermediate or Advanced Certificate. The copy of the Certificate shall then be placed in their personnel file Section F. COURT TIME When an officer is required by the City to report to court to testify during the officer's off -duty time, the officer shall receive a minimum of three (3) hours of straight time or the actual time in court at the appropriate rate, whichever is greater. If the officer reports during the morning session, is released by the court but ordered to return after a significant break in time to testify during the court's afternoon session, the off-duty officer shall be entitled to receive an additional three (3) hours at straight time or the actual time in court, whichever is greater. The Court's lunch break shall not constitute a significant break in time. Lunch breaks are unpaid. Whenever an officer is placed "on- call" pursuant to a court subpoena while otherwise off -duty, he shall receive compensation for being "on- call" at the rate of two (2) hours of straight time pay for each day spent in that status. However, except as described below, this pay shall not be provided on any day the officer is called to appear in court and is compensated for that appearance pursuant to the above paragraph. When an officer, during the officer's off -duty time, reports to court in the morning and is issued an "on- call" subpoena for the afternoon, in addition to the three (3) hours at straight time pay the officer receives for reporting in the morning, the officer shall receive two (2) hours of straight time pay for that afternoon session. In the event the officer is called to report to court that afternoon, the officer shall receive three (3) hours pay at straight time or overtime pay for the actual time in court, whichever is greater, in lieu of the two (2) hours of "on- call" pay. 9 Section G. CANINE OFFICER DETAIL Employees assigned to canine detail shall be paid an additional fifteen (15) hours per month at one and one half times their regular rate of pay, which is the reasonable number of hours per month that the canine officer spends feeding, grooming and caring for the dog which has been assigned to the officer as well as maintaining the canine vehicle /unit off duty. Employees assigned to the canine officer detail who must take their canine to the veterinarian in an emergency shall submit a written request to the Police Chief or the Chiefs assigned designee for additional compensation for the hours spent performing such work. In addition, if a canine officer will be required to perform duties (in rare occurrences) which' cause a substantial increase in the normal off -duty hours worked for that month, he /she may request, in advance of the work, that additional compensation be provided. Such additional compensation must be approved in advance before any such work is performed. Any additional compensation shall be compensated at one and one half times their regular rate of pay. N ARTICLE VI Section A. The Chief of Police may require employees in the Police Department to work ai any time other than during regular working hours until such work is accomplished. Section B. . PREMIUM OVERTIME COMPENSATION The work period for sworn personnel who work a 5 day on -2 day off work week and /or a 3112 work schedule, and /or a 4/10 work schedule, and /or a 9/80 work schedule is 28 days. The work period for sworn personnel who work a 4 day on- 2 day off work week is 24 days. Effective retroactive to July 1, 1998, any such employee who is required to work in excess of his or her regularly scheduled work day or work period, as defined above, shall be compensated at the rate of time and one -half the employee's regular rate of pay. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. For purposes of overtime calculation, paid leaves of absence shall be regarded as hours worked. No overtime credit shall be allowed for any period less that one -half hour. Section C. STRAIGHT OR COMPENSATORY TIME OFF Overtime compensation shall be in cash or compensatory time off at the employee's option, subject to the provisions herein below. All previously uncompensated overtime covering the period between July 1, 1998 and the beginning of the first pay period commencing after the date this Agreement is ratified by the City Council shall be paid in cash. An employee may accumulate up to a maximum of 60 hours in his /her compensatory time off bank. Compensatory time off may be taken at the option of the employee subject to the approval of the Department's designated representative. Outside reimbursable overtime shall be administered in accordance with the Manual of the Arcadia Police Department and shall be compensated only in cash. Notwithstanding the above, employees who work traffic control assignments at Santa Anita Race Track related to horse racing shall continue to be compensated at four hours of straight time at the established rate. An employee who is recalled to the work site after completing a day's work, including any overtime, shall receive a minimum of two hours of straight time or time and one -half of the hours actually worked, whatever is greater. A recalled officer must arrive at the station or the scene of the event in order to be compensated. 10 ARTICLE V11 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 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Effective January 1, 1984, stability pay will only be applicable to employees who were hired prior to January 1, 1984. 11 ARTICLE Vlll RETIREMENT Section A. For the classifications of Police Officer, Police Agent, and Police Sergeant, the retirement plan shall include the following options: 1. One year final compensation. 2. Post Retirement Survivor Continuance. 3. Credit for Unused Sick Leave (Sec.20862.8) maximum of six months. 4. 1959 Survivors Benefit for which each employee contributes ninety -three cents ($ .93) per pay period. 5. Third .level 1959 Survivors Benefit increased allowance (Sec.21382.4 of the Government Code). 6. 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. 7. 3% at age 50 retirement formula as provided in Government Code Section 21362.2. 8. The City of Arcadia agrees to report to the Public Employees' Retirement System (PERS) as special compensation and "compensation earnable" the entire value -of the employer payment of the required employee retirement contribution to PERS, as set forth in Article V A I of this Agreement. 12 ARTICLE IX Section A. HEALTH, DENTAL AND LIFE INSURANCE Effective July 1, 2003 the City shall provide regular full -time employees in a classification represented by this Agreement with the following contributions: 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' maybe 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 based on the employee's dependent status. 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 $298.80 /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 $533.80 /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 $677.80 /month. 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 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 marriage, birth and adoption certificate. 4. Life Insurance The City shall continue to provide $7,500.00 life insurance benefit for eligible employees. 13 ARTICLE IX (continued) 5. Flexible Spending Plan The City agrees to continue to make available the options provided by IRC 125 for the pre -tax treatment of salary for the purposes of dependent day care and premium payment. 6. The City shall - provide each employee with a vision plan, with the City paying the premium in the fiscal year 2003 -2004. 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 The City agrees to pay the employee -only health insurance premium for eligible retirees from the classifications of sworn personnel represented by this agreement who retire after July 1, 1982. Such payment shall cease when employee is eligible for Medicare. If the retired employee has 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 a sworn unit member who retires on a service, disability, or industrial disability retirement and has one thousand (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 may become eligible for coverage for the employee only 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 one thousand (1000) hours of accumulated sick leave requirement. 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 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 the 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 must be enrolled in a City- sponsored health plan as of the retiree's last day of work. 14 ARTICLE X DISABILITY INCOME INSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $14.18 per employee, covered by this agreement during the life of the agreement. 15 ARTICLE XI EMPLOYEE PHYSICALS Section A. Unit members shall receive a comprehensive physical examination during the term of this agreement. The City shall establish the terms of the physical examinations. Examinations shall be on an annual basis for sworn members of classifications represented by this agreement who are age 40 years or over 40 years of age. Examinations shall be on a biennial basis for sworn members of classifications represented by this agreement who are under 40 years of age. Once those terms have been established by the City, neither party shall be prevented from seeking, through the meet and confer process, changes to become effective at the expiration of this agreement. 16 ARTICLE Xll UNIFORMS Section A. For the classifications of Police Sergeant, Police Agent and. Police Officer, in addition to the Citys initial uniform issue, there shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Shoes . Section B. The program shall be administered by, and at the direction of the City, for the purpose of providing replacement of wom items and items damaged in the line of duty only. Section C. The Chief or designee shall meet with APOA representatives during fiscal year 1995 -96 for the purpose of identifying uniform and safety related equipment that may be purchased through the Department's Uniform Replacement Program. A list of optional items will be developed that represented employees may purchase on a reimbursement basis. Each Police Sergeant, Police Agent and Police Officer shall have $350.00 during each fiscal year to spend on optional equipment, shoes and boots. Section D. Detectives, PACE Officers, DARE Officers and the individual assigned to Personnel and Training may be reimbursed up to a maximum of $300 during the first consecutive 12 months of the assignment and during each successive 12 months of the assignment each for the purchase of sports coat, slacks, dress shirts, ties and suits in lieu of the shirt and trousers uniform replacement program referred to in Section A above. Reimbursement shall be provided after the employee provides the Department with original proof of purchase receipts. All employees shall maintain a regular uniform in the event that duties require it. The reimbursement(s) shall not be considered as salary or compensation and shall not be taken into consideration in computing overtime, or payment for leave of any kind or for the computation of any supplemental benefit. 17 ARTICLE X111 TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,500.00 per fiscal year. School supplies are not reimbursable. The 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 reimbursement. Prior to reimbursement of costs, 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 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. Rn ARTICLE XIV Section A. In accordance with the Arcadia, all leaves for provided for as follows: LEAVES current Personnel Rules and Regulations of the City of classifications represented by this agreement shall be 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 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 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 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 classification before or at the expiration of his 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 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 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. 19 ARTICLE XIV (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 regular salary or compensation for a period of not more than thirty 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 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 appointing power a copy of his 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 employment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termination of his 'employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his 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 shall not be entitled to return to his 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. 20 ARTICLE XIV (continued) Section D. VACATION LEAVE 1. Employees in the classifications of Police Officer, Police Agent, and Police Sergeant with the exception of temporary appointments, shall accumulate vacation 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 of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City. 2. Effective July 1, 1996, employees in the classifications of Police Officer, Police Agent, and Police Sergeant, with the exception of temporary appointments, shall accumulate vacation: beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first five years of continuous full time employment with the City; at the rate of 6.15 hours per pay period after the completion of five years of continuous full time employment with the City; at the rate of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City; and at the rate of 7.69 hours per pay period after the completion of fifteen years of continuous full time employment with the City. 3. 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 past practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the total below the allowable maximum within six (6) months. 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 prorated against vacation earned. City employees who leave the City employ for any reason shall be granted all accumulated vacation or shall, be paid therefore at their rate of compensation applicable at the time they leave 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. 21 ARTICLE XIV (continued) 5. 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. Section E. SICK LEAVE 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 3.69 hours for each pay period of service completed with the City. Sworn employees may accumulate up to a maximum of 1,300 hours sick leave. 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. 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 supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to his absence. a. While absent from duty because of sickness or disability, the Officer shall remain at their residence or place of confinement unless otherwise authorized by a physician or his 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. 22 ARTICLE XIV (continued) 5. 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 Police 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, ' 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 maximum of three (3) working days at one time; shall not be charged against sick or other leave. If over three (3) working days of such leave is granted, at one time, that amount over three (3) days shall be charged against sick or other leave. 6. The Chief of Police 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 Police Department and within the time limit specified by the Department, the absence will be charged to leave without pay. 7. The Police 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. 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 employee shall be paid a combination of salary and Workers'. Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury up to a maximum of one year from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. 23 ARTICLE X/V (continued) Section G. HOLIDAYS Employees in the classifications of Police Officer, Police Agent, and Police Sergeant shall be allowed the following holidays with eight (8) hours of straight pay and no others: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Effective July 1, 2001 employees in the classifications of Police Officer, Police Agent, and Police Sergeant shall also be allowed Washington's Birthday with eight (8) hours of straight pay. Effective July 1, 2002 employees in the classifications of Police Officer, Police Agent, and Police Sergeant shall also be allowed Admission Day and Veteran's Day with eight (8) hours of straight pay. Section H. JURY LEAVE 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. The employee shall remit to the City all fees received except mileage. Section I. 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 J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 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 eighteen months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for twelve months before attaining permanent status. 25 ARTICLE XVI SHIFTS Section A. The existing patrol shift assignment bidding procedure shall be maintained for sworn unit members hired prior to July 1, 1983. Sworn unit members hired on or after July 1, 1983, may be assigned to patrol shifts as determined by police management. Sworn unit members hired on or after July 1, 1983, shall not displace sworn unit members hired prior to that date, except during the probationary period and only to the extent that such displacement is equitably distributed among the shifts. In no event shall the displacement on day shift exceed two (2) slots. It is understood by and between the parties hereto that the past practice developed with respect to the assignment bidding procedure shall be maintained and will be unaffected by the assignment of personnel who are hired on or after July 1, 1983. 26 ARTICLE "II RESPONSE TIME Section A. Due to the emergency requirements of prompt response time, all swom members of the unit must live within a fifty (50) mile radius of the Police Station. Swom unit employees who currently live outside the fifty (50) mile distance shall not be required to move; however, they shall not move to any location that is a further distance than that distance they resided at on July 1, 1991. 27 ARTICLE XWII PATROL WORK SCHEDULE AND TRAINING SCHEDULE Officers in patrol will be assigned a 3 -12 work schedule. Police management and APOA representatives shall meet as needed to review and make adjustments to ensure efficient and effective patrol operations. Final approval of all adjustments to the 3 -12 work schedule rests with the Chief of Police. M ARTICLE XIX EMPLOYEE GRIEVANCES Section 1. DEFINITIONS a. 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. b. 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. C. Department Head The department head or designee. d. Work day A work day is any day the City offices are regularly open for business. e. Exclusions from the Grievance Procedure 1. 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. 2. 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. 3. 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 29 grievance may be filed. 4. 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. 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. Section 2. 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 3. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or 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 4. 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 5. FORMAL GRIEVANCE PROCEDURE First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or 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: The specific section of the rules or MOU allegedly violated. 30 2. The specific act or omission , which gave rise to the alleged violation. 3. The date or dates on which the violation occurred. 4. 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. 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) working 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. C. Human Resources and Risk Manager 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 and Risk Manager on the official City grievance form. The Human Resources and Risk Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources and Risk Manager 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. 31 d. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources and Risk Manager or if the Human Resources Manager 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 and Risk Manager's decision or twenty (20) working days from the date the Human Resources and Risk Manager received the grievance but failed to issue a decision. Section 6. APPEAL TO HUMAN RESOURCES COMMISSION a. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) working 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. b. Public Hearings All hearings shall be open to the' public. C. Pre - Hearing Procedure 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. 32 2. 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. 3. 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. d. 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. e. 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. f. Conduct of the Hearing 1. 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. 33 2. 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. 3. 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. 4. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 5. Irrelevant and unduly repetitious evidence may be excluded. 6. 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. 7. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 8. The Human Resources Commission may conduct the hearing or delegate evidentiary and /or procedural rulings to its legal counsel. g. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. h. 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. L 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 ?" 34 j. Presentation of the Case . The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: 1. The Human Resources Commission Chair shall announce the issues after a review of the statement of issues presented by each party. 2. The grievant (employee) shall be permitted to make an opening statement. 3. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. 4. The grievant shall produce his/her evidence. 5. The respondent may then offer its evidence. 6. The grievant followed by the respondent may offer rebutting evidence. 7. 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. k. 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. 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. 35 M. 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.. n. 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. o. 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 grievant's counsel. P. 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 Manager within ten (10) working 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 parry shall pay the cost of the transcript. q. Final Action by City Manager Within ten (10) working days of the filing of exceptions, or within ten (10) working 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. Section 7. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION The appeal procedure described` herein shall apply only to cases of disciplinary written reprimands, reductions in pay, transfers for purpose of punishment, suspensions, demotions and removal affecting permanent employees within the classified service. Request for Hearing Within ten (10) working days after final notice of written reprimand, reduction in pay, transfer for purpose of punishment, suspension, demotion or removal, the employee or the employee's representative may file an appeal in writing with the City Clerk. If, within the ten (10) day appeal period, the employee does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed. The appeal shall include the following: a. An admission or denial of each charge set forth in the final notice, with an explanation why the charge is admitted or denied. b. A statement of any affirmative defenses C. A statement that the employee disagrees with the penalty with an explanation of the employee's position. The employee's current address e. A request for a hearing Failure to provide this information may result in the appeal not being processed. Scheduling of Hearing Upon receipt of the request for an appeal, the City Clerk shall, within thirty (30) working 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. 3. Private or Public Hearings All hearings shall be private; provided that the employee may request a hearing open to the public. Any request for an open hearing shall be submitted five (5) working days prior to the hearing date or the hearing will be closed. 37 4. 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. 5. 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 notice of intent to take disciplinary action, the final notice of disciplinary action and any response from the employee to these documents as well as the statement of issues submitted by both parties. The Commission shall not be provided with copies of the exhibits. 38 6. Record of Proceedings and Costs a. Court Reporter All disciplinary appeal hearings may, at the discretion of either party or the Commission, be recorded by a court reporter. Any hearing which does not utilize a court reporter, shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter. If both parties request a court reporter the cost will be split equally. If the Commission requests the court reporter, the City shall pay the cost of the reporter. b. 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. 7. 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. 39 h. The Human Resources Commission _may conduct the hearing or delegate evidentiary and /or procedural rulings to its legal counsel. 8. Burden of Proof In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. 9. 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. 10. Testimony under Oath All witnesses shall be swom 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 ?" 11. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: a. The Chair shall announce the issues after a review of the statement of issues presented by each party. b. The party imposing discipline (department) shall be permitted to make an opening statement. C. The appealing party (employee) shall be permitted to make an opening statement, or reserve an opening statement until presentation of their case. EIS d. The party imposing disciplinary action (department) shall produce their evidence. e. The party appealing from such disciplinary action (employee) may then offer their evidence. f. The party imposing discipline (department) followed by the appealing party (employee) 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. 12. 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 representative shall continue with the presentation of their case. 13. 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. 14. 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. 15. Deliberation Upon the Case The Human Resources Commission may chose to either deliberate the case in public or adjourn to closed session to deliberate. 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, and with the agreement of both the Commission and the appealing party (employee), the deliberation period may be extended for up to an additional ten (10) working days. 41 16. Written Findings and Recommended Decision The Human Resources Commission shall render their findings and 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. A finding must be made by the Commission on each charge. The Human Resources Commission may recommend the sustaining or rejecting of any or all of the charges filed against the employee. The Commission may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. If the Commission recommends reinstatement of the terminated employee, the employee is only entitled to back pay minus the sum the employee has earned during the period of absence. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant's counsel. 17. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be filed with the charged employee, the department head and the City. Manager, and shall set forth all findings and conclusions. If a dismissal is not sustained, the proposed decision shall set forth a recommended effective date the employee is to be reinstated. Either the employee or the department may file a written appeal to the proposed decision, findings and conclusions of the Commission within ten (10) working days of the decision by filing exceptions thereto with the Human Resources Manager. The party desiring to contest the recommended decision of the Commission may 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. 18. Final Action by City Manager Within ten (10) working days of the filing of exceptions, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The City Manager may ratify, modify, or reverse the proposed decision of the Commission. If the City Manager seeks to modify or reverse the decision of the Commission, the City Manager shall review the transcript. The decision of the City Manager shall be final. The decision shall be transmitted to the employee appealing disciplinary action and to the department head. yya 19. Judicial Review a. Petition for Writ of Mandate Judicial review of any decision of the City Manager may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. b. 90 Day from Final Decision Pursuant to Code of Civil Procedure 1094.6 any such petition shall be filed not later than the ninetieth (90th) calendar day following the date on which the City Manager gives written notice of the final decision. 43 ARTICLE XX 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 format 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. This in no way affects the conditions of the Meyers - Milias -Brown Act. 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. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this 14"' day of July, 2003. ARCADIA POLICE OFFICER CITY OF ARCADIA ASSOCIATION President William R. Kelly City Manager ' W, 2003 BARGAINING TEAMS APOA WAGE NEGOTIATING TEAM Officer Steve Crawford Sergeant Stephen Fallavollita Sergeant Larry. Goodman Sergeant Bob Guthrie Steve Silver, Attorney Elizabeth Silver Tourgeman, Attorney CITY REPRESENTATIVES Sharmeen Bhojani, Sr. Human Resources Analyst Mike Casalou, Sr. Management Analyst Bob Sanderson, Police Captain William W. Floyd, Jr., Attorney 45 C Q CL W CD Z 1. I.L Q a a V a LL Q T Q N W D Oa M a 0 N J 0) (O (D , 0 N N n o n O D M O O V Cl) 0) 00 N �O� (O (O O) M n N W M W O N (M � N V o<Omm ' N V Nn C-4 to v Oo(00 CL uiLdL Ld6Li (O(riuivimn r 69 69 t9 V9 to f9 69 t9 t9 t9 to to t9 t9 69 t9 t9 V9 t9 N (00)(0 � (O 1ON co Il0 n CD 00)(O(OMe- M ODe 0 O 00� N (O W N V (O toOOMIN 0)Mn N 0M V 0) )O , MM CO u70) aaNM 1n Ld(f1(n NN(0(06 OM L6 (f1 t0 (O w N 69 t9 t9 69 t9 69 t9 6 t9 t9 69 t9 69 69 t9 t9 t9 f9 V7 (O O 0) M V (OHO N OD 1- C> n V OON M n V' OD =n a O N (O OD �O W M n N OD Cl) n (O N CD �N V OC N V (3)_NNUOMn r fl9 !A t9 t9 t9 69 69 to 69 69 69 69 69 69 t9 t9 E9 to 0) co O W (O V 0 (D N CID n O (O (O � (O n n as c o Nto 0 WMnN w (O M001 �n tD n O) O �N V (O (0 M 0) N CO � � MN to C�} N to t9 t9 VI to t9 to to to t9 t9 fA H t9 t9 V% 49 W o0O (p 01 X17 of (p�ON ODn CO M �-n M (O0 in n (O V'(O( O OD h ON a)O (O —N OD r-In V(O(000M O)Mn N n00)N �n O V_ w IA 6a ��� �N � u t Vk 0 o 49 N N (O0 ('-ON O ON m 0 W N 0)O OD (O (O M O O W MO 000 N0 r (00)M n N to(O r- 00 V(O (000 W to CO 0000 �0)N V w ffl 699 !�6-�N M W �� Ln �H �t9 /fl �Uk 69 N O N O)(0 (001 (0 V (O N V) oM r n o M G (O to co O N OD LO O) o03 M 0t, o n M Ct (n to nrno�Nv 1. (D(oco (D or� r l9 _ f9 _ -V m 69 N t9 t9 69 64 V n V n lA H l9 V9 y O (0 t0 0 (0 CO 0) (O V (O 'o O) V' N OD ODM N OD YD V MM (O(p 000N (000 (001 O N 4 (�O I-- O) N V I(Y tO coo(0(D 0 sN4 r bt a M lR M /9 to /A v � 6 L 6 6 3 , 6S � f9 f9 U9 � N n 0(O M M (0 (O 0) (0 to 00 ((pp00 0 N O'- (O O) NO0 0 o(OM M 0) m�NM N VVV"''_WN to L 'T V) N n V 00 x afA(9f9f9W , 6 VnsW�0 % V ( a O �t9f9f9� y (Ono O (n O)to f00)Ln V (o OD n0) (M D1 M (O e-.- (O n a N N M N M Maa (O (O CD I, G Oaa)O N b aD W N V N � V M CO M(0 CIL V O' 4)f9 Yi� �1 V c)co f9��W��t9ul Ia a 6 1 1 N y w p m m c QQ Q m y Q c$ Q F F m aQ m N N O a Q tu m N 0 0 a(L (~n ( a CL E o d d 0) ID •. 0 LM O ( � (n( p � 7 a v u ny U_ 888888 0 0 6 0 0 0 0 0 0 ° (Laaaa I- aaaaaa aaa a OOO 0 ( 0 0 0 0 0 0 0 0 ( p n Q f( y g ( coo( (p ($ t E o : R 2 Administrative Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo Prepared by: Sharmeen Bhojani, Senior Human Re ources Analyst' SUBJECT: Resolution No. 6376 establishing compensation for all part -time temporary employee positions Recommendation: Adopt SUMMARY In order to ensure consistency regarding the distribution of cost of living and other fringe benefits among all City employees, it is recommended that the City Council approve Resolution No. 6376, establishing compensation for all part -time temporary employee positions. DISCUSSION The City has in place two separate salary schedules, one for full -time employees and one for part -time employees. As per the City charter, part -time temporary employees are not represented; therefore, they are not subject to the meet and confer process. During the recent negotiations process, the City Council authorized staff to propose a 3.9% increase for employees in all bargaining units, as well as all management employees. In order to ensure that all employees remain in line with the salary schedule, and to be competitive with wages for part-time employees, it is recommended that the City Council adopt a revised salary schedule that reflects a 3.9% cost of living adjustment for all part -time temporary employees. Effective the first pay period in July 2003, the salary schedule shall be improved by 3.9% for all un- represented part-time temporary employees. LASER IMAGED Mayor and City Council July 15, 2003 Page 2 FISCAL IMPACT Sufficient funds are available in the 2003 -2004 fiscal year budget to implement the new salary schedule. The implementation of a 3.9% proposed increase would have an immediate cost impact on the 2003 -2004 fiscal year budget of approximately $22,227. RECOMMENDATION That the City Council adopt Resolution No. 6376, a Resolution of the City Council of the City of Arcadia, California establishing compensation. for all part-time . temporary employee positions. Approved: -" William R. Kelly, City Manager a f� 3 ' p qas r ]CA �:t._, r�CST:i3 t�..li >. :.r il RESOLUTION NO. 6376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR ALL PART -TIME TEMPORARY EMPLOYEE POSITIONS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Effective the first pay period in July 2003 adjustments in salary shall be made to all part-time temporary employee positions as listed in the attached Salary Schedule (Exhibit "A "). SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of July , 2003. /s/ GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney LASER IMAGED STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6376 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES:. None ABSENT: None City Clerk of the City of Arcadia 2 City of Arcadia Part Time Salary Schedule Effective July 1, 2003 Range Number Title Ste A Stop B Stop C Stop D Stop E PT1 Locker Room Attendant $6.15 $6.46 $6.78 $7.12 $7.48 PT2 Library Aide 1 $6.46 $6.78 $7.12 $7.48. $7.85 PT3 $6.78 $7.12 $7.48 $7.85 • $8.24 PT4 Library Aide II $7.12 $7.48 $7.85 $8.24 $8.65 P75 $7.48 $7.85 $8.24 $8.65 $9.08 PT6 lActivilty Leader 1 $7.85 $8.24 $8.65 $9.08 $9.53 Clerical Assistant PT7 $8.24 $8.65 $9.08 $9.53 $10.01 PT8 Lifeguard/Swim Instructor $8.65 $9.08 $9.53 $10.01 $10.51 Police Cadet Police Clerical Assistant PT9 $9.08 $9.53 $10.01 $10.51 $11.04 PT10 Administrative Intern $9.53 $10.01 $10.511 $11.04 $11.59 PT11 Activity Leader II $10.01 $10.51 $11.04 $11.59 $12.17 Assistant Aquatics Manager Library Proctor PT12 Laborer $10.51 $11.04 $11.59 $12.17 $12.78 PT13 Mechanic's Assistant $11.04 $11.59 $12.17 $12.78 $13.42 PT14 $11.59 $12.17 $12.78 $13.42 $14.09 PT15 Aquatics Manager $12.171 $12.78 $13.421 $14.09. $14.79 Camp Manager PT16 $12.78 $13.42 $14.09 $14.79 $15.53 PT17 $13.42 $14.09 $14.79 $15.53 $16.31 PT19 $14.79 $15.53 $16.31 $17.13 $17.99 PT20 $15.53 $16.31 $17.13 $17.99 $18.89 PT21 Computer Operator $16.31 $17.13 $17.99 $18.89 $19.83 Volunteer Services Administrator PT22 $17.13 $17.99 $18.89 $19.83 $20.82 PT23 $17.99 $18.89 $19.83 $20.82 $21:86 PT24 $18.89 $19.83 $20.82 $21.88 $22.95 PT25 $19.83 $20.82 $21.86 $22.95 $24:10 PT28 $20.82 $21.86 $22.95 $24.10 $25.31 PT27 $21.86 $22.95 $24.10 $25.31 $26.58 PT28 $22.95 $24.10 $25.31 $26:58 $27.91 Parkin Hearin Official L24.'2 $25.31 $26.58 $27.91 $29.31 1 PT22 PT30 $25.31 $26.58 $27.91 $29.31 $30.78 Volunteers paid a stipend Include: Fire Auxiliary $50.00 per shift Police Reserve Officer $300.00 annually Volunteer Services Coordinator $155.00 week EXfH[®IT "A" L. Library and Museum Services Department July 15, 2003 TO: Mayor and City Council FROM: Janet Sporleder, Director of Library and Museum Services SUBJECT: Extend contract with Post Alarm to provide security personnel at the Library Recommendation: Extend the contract Summary: In an effort to provide a reasonably quiet environment and to monitor the facility for potential problems and inappropriate behavior, the Arcadia Public Library requires the assistance of security personnel. On September 19, 2000, the City Council approved a one -year Professional Services Agreement with Post Alarm to provide unarmed guard services at the Library. The Agreement provides an option to renew on a year -by -year basis for a maximum of three years. This is the third requested extension and, if approved, will be effective from July 16, 2003 to June 30, 2004. The rate per hour ($16.50) will remain the same. The service provided by Post Alarm has been satisfactory. Discussion: The Library is located within walking distance of one elementary school, two middle schools and the high school. The Library is seriously impacted by the large number of students using the facility in the afternoons and evenings during the regular school session. During the summer, when many Arcadia students are attending summer school, and when the Library is full of children participating in the summer.reading program, it is busy all day long. In order to maintain an orderly atmosphere where quiet study is possible, the Library requires a monitor who will circulate throughout the building, encouraging patrons to conduct their business in a manner that does not intrude on others. The service provided by Post Alarm in the past has been of high quality. They have provided replacements whenever the regularly assigned guard was unable to work so that there were very few interruptions in service. The guards provided have worked well with the public, including the children, and have shown themselves to be capable of controlling the crowds in a variety of circumstances. The security monitor will be on duty at the Library from 3:00 p.m. to 9:00 p.m. Monday through Thursday; 3:00 p.m. to 6:00 p.m. Friday; and 12:00 noon to 6:00 p.m. on Saturday. Extra hours may be added for special events. Fiscal Impact: The cost of providing the services as described is approximately $2,500 a month. Sufficient funds are available in the Library Budget for the 2003 -2004 fiscal year. LASER IMAGED Recommendation: Authorize the City Manager to extend for one year the contract with Post Alarm to provide security personnel at the Library from July 16, 2003 to June 30, 2004. Approved by: (u � William R. Kelly, City Manager .A' m Development Services Department DATE: July 15, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineer /Engineering Services Administrator* V Prepared By: Dan A. Lazo, Associate Civil Engineer SUBJECT: Award of contract — Street Rehabilitation of Northbound Baldwin Avenue and Huntington Drive Recommendation: Authorize the City Manager to enter into a contract with Gentry Brothers, Inc. in the amount of $756,298.60 and approval to increase the Professional Services Agreement with DMJM +HARRIS by $5,185 SUMMARY As part of the City's ongoing Pavement Maintenance Program, the City Council previously approved funding to reconstruct and rehabilitate the asphalt pavement on northbound Baldwin Avenue from Huntington Drive to Cambridge Drive and Huntington Drive from Colorado Place to Santa Clara Street. A location map of the project areas is attached for reference. The project was advertised and bids were opened on July &, 2003. Gentry Brothers, Inc. submitted the successful low bid in the amount of $756,298.60. Staff recommends that the City Council award a contract for the street reconstruction and rehabilitation of northbound Baldwin Avenue and Huntington Drive to Gentry Brothers, Inc. The Professional Services Agreement (PSA) with DMJM +HARRIS did not include the cost of additional design requested by the staff. Therefore, staff is recommending that Council approve an additional $5,185 in the PSA to cover this cost. LASER IMAGED v Staff Report July 15, 2003 Page 2 DISCUSSION Roadway analysis conducted as a part of the City's Pavement Maintenance System indicated that the areas of northbound Baldwin Avenue and Huntington Drive identified above are in poor condition and were rated as a priority for reconstruction and rehabilitation. The proposed street rehabilitation of the above locations includes removal and replacement of asphalt concrete pavement and portions of curb and gutter; cold milling of asphalt concrete and construction of asphalt concrete overlay; adjustment of sewer and storm drain manhole frames and covers to grade; adjustment of water valve covers to grade; application of pavement markers, legends and striping; construction of curb ramps; installation of traffic signal interconnection conduit; construction of concrete bus pads; and reinstallation of traffic signal detector loops. Six (6) prospective contractors received plans and specifications and five qualified bids were received with the following results: Bidders Amount Gentry Brothers, Inc. $756,298.60 All American Asphalt $772,772.00 E.C. Construction Co. $778,095.91 Silvia Construction, Inc. $779,786.00 Excel Paving Co. $876,344.00 Staff has reviewed the bid documents for content, and has investigated the contractor's background and recent projects for competency. Staff has determined that Gentry Brothers, Inc. can satisfactorily perform the required work. On November 19, 2002, the City Council awarded a Professional Services Agreement to DMJM +HARRIS to provide engineering design services that includes the testing and analysis of the pavement; preparation of plans /construction drawings for pavement rehabilitation, curb, gutter and sidewalk repair; other miscellaneous public improvements and specifications; and site visits during construction. Prior to completion of the -plans/construction drawings, staff requested DMJM +HARRIS to prepare additional plans for the installation of traffic signal interconnection conduit which was an additional cost of $5,185. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 class 1(c) from the requirements of California Environmental Quality Act (CEQA). r , Staff Report July 15,2003 Page 3 FISCAL IMPACT Proposition C funds have been budgeted in the 2002/03 Capital Improvement Program (CIP) for the street rehabilitation of northbound Baldwin Avenue and Huntington Drive. Funds are available to cover the contract cost, engineering and design, material testing, inspections and contingencies. RECOMMENDATION That the City Council authorize the City Manager to enter into a contract with Gentry Brothers, Inc. in the amount $756,298.60 for the street rehabilitation of northbound Baldwin Avenue from Huntington Drive to Cambridge Drive and Huntington Drive form Colorado Place to Santa Clara Street and authorize staff to increase . the existing Professional Services Agreement with DMJM +HARRIS by $5,185. Approved By: WILLIAM R. KELLY, CITY MANAGER DP:PAW:dl Attachment � f\' DATE: July 15, 2003 TO: Mayor and City Council FROM: David R. Lugo, Fire Chi By: Richard C. Brown, uty Fire Chief SUBJECT: Award of Contract — Communications Equipment Repair and Service Recommendation: Authorize the City Manager to enter into a contract with Nida Companies, in the amount not to exceed $40,000.00, for service, repair, and installation of fire department communications equipment for fiscal year 2003 -2004. SUMMARY During the course of the fiscal year, the fire department has the need to purchase, service, or repair mobile and portable radios, mobile data terminals, and fire station alerting equipment. Staff recommends that the City Council authorize the City Manager to enter into a contract, in the amount not to exceed $40,000.00, with Nida Companies, for service, repair, and installation of fire department communications equipment for fiscal year 2003 -2004. BACKGROUND The Fire Department maintains a fleet of twenty-two (22) vehicles equipped with mobile and portable radios and eleven vehicles with mobile data terminals (MDT's). Each on duty firefighter is assigned two (2) portable radios for the duration of their shift. The Department maintains a cache of portable radios for large scale emergency operations, strike team response, and special operations. There is a need for radio service and repair throughout the year to keep the emergency communications network functional at all times. DISCUSSION In FY 2000, the Fire Department went out to bid for radio service and repair and awarded a contract to Nida Companies, the lowest, qualified bidder. A one year LASER IMAGED Mayor and City Council July 15, 2003 Page 2 of 2 contract was awarded with a renewal clause for two additional years. This contract expired on -June 30, 2003. In May of this year, a notice inviting bids for radio repair and service was sent to fifteen (15) vendors. Only two (2) bids were returned, one of which was a "no bid ". The bids were rejected and another notice inviting bids was sent to seventeen (17) vendors in late June. Again, only two bids were received, with one being a "no bid ". Nida Companies was the only qualified bidder. By awarding the contract to Nida Companies, the City will ensure the emergency communications system will be maintained and operate at the highest operational level. FISCAL IMPACT The funds for radio service, repair and installation are included in the FY 2003 -2004 operating budget for communication equipment. RECOMMENDATION Authorize the City Manager to. enter into a contract in the amount not to exceed $40,000.00, to Nida Companies, for radio repair, service, and installation of communications equipment in the Fire Department. DRL:rcb Approved: William R. Kelly, City Manager 1 �a. °RP °RerE ° STAFF REPORT Fire Department DATE: July 15, 2003 TO: Mayor and City o nal FROM: David R. Lugo, Jr., Chief By: Tony L. Trabb attalion Chief SUBJECT: Award of Contract - Paramedic Field Supplies Recommendation: Authorize the City Manager to enter into a contract with BoundTree Medical, in the amount not to exceed $32,000.00, for the replacement of paramedic field supplies utilized during emergency medical treatment for fiscal year 2003 -2004. SUMMARY During the course of the fiscal year, the fire department has the need to purchase paramedic field supplies to replace those utilized during emergency medical treatment. Staff recommends that the City Council authorize the City Manager to enter into a contract with BoundTree Medical, in the amount not to exceed $32,000.00, for the replacement of paramedic field supplies utilized during emergency medical treatment for fiscal year 2003 -2004. BACKGROUND Emergency medical supplies utilized during medical treatment of a patient are restocked using a private medical supplier. Items used include medications, intravenous fluids, assorted needles, bandages, splints, tape, gloves, oxygen masks, EKG paper and electrodes, and other supplies used on a daily basis. The fire department maintains an inventory of supplies to utilize during standard emergency operations, and additional supplies to mitigate larger scale incidents in the event of a disaster. DISCUSSION In June of this year, a notice inviting bids for paramedic field supplies was sent to (17) vendors. Only (6) bids were returned, one of which was a "no bid ". Two other bids were rejected, as they did not include price lists. Of the (3) bids remaining, BoundTree LASER IMAGED medical was the low bid. Reference checks with surrounding fire department currently utilizing this vendor resulted in all positive feedback. By awarding the contract to BoundTree Medical, the City will ensure a quality inventory of paramedic field supplies utilized for emergency medical treatment. The 2003 -2004 FY budget includes appropriations for the replacement of paramedic field supplies used by Fire Department personnel during emergency medical treatment. The funds are currently budgeted in the Operating Budget for this program. FISCAL IMPACT The funds for paramedic field supplies are included in the FY 2003 -2004 operating budget designated for paramedic supplies. RECOMMENDATION Authorize the City Manager to enter into a contract with BoundTree Medical, not to exceed $32,000.00, for the replacement of paramedic field supplies utilized during emergency medical treatment for fiscal year 2003 -2004. DRL:tlt Approved: 'In-4 William R. Kelly, City Manager 0 Rp0"TS STAFF REPORT Development Services, Department July 15, 2003 TO: Mayor and City Council FROM: P on Penman, Assistant City Manager /Development Services Director y: Pete Kinnahan, Economic Development Administrator SUBJECT: Recommendation: Authorize the City Manager to enter into a contract with Concrete Cutting Specialist, Inc. in the amount of $65,000 SUMMARY Bids for the removal of hazardous waste and demolition of the old Police station were received on Wednesday, July 9. A total of two (2) bids were received. After review of the bids, staff recommends that Concrete Cutting Specialist, Inc. be awarded a contract in the amount of $65,000 forth is work. DISCUSSION Because of the deteriorating condition of the existing Police station, the extensive cost of rehabilitation for its continued use, a new Police facility is under construction and nearing completion. Once the new station is completed and the Police staff has been relocated, City Council has authorized the demolition of the old Police building. Other buildings that were part of the old Police site, including the former locker room and communications shop, were demolished with the old armory. After seeking proposals, staff used ATC Associates to prepare the asbestos survey of the building. ATC also discovered some lead -based paint in their investigation. The ATC report was provided to the potential bidders and removal cost is included in the bid. Because of the possibility that additional asbestos or lead -based paint may be discovered during demolition or other unanticipated problems, a 15% project contingency ($9,750) is recommended. LASER IMAGED Mayor and City Council July 15, 2003 Page 2 A Notice Inviting-Bids was forwarded to three plan rooms, and placed in the Arcadia Weekly. Two pre -bid conferences were held at which eleven (11) potential bidders attended. Two (2) bids were received. Staff has checked references and the submittals and found these are in order. Bidders Amount Concrete Cutting Specialist, Inc. Sylmar, CA $65,000 Interior Demolition Inc. Tujunga, CA $66,930 Once the new facility is completed and the Police staff moves in, the old station will be demolished. Demolition should begin in mid to late August. FISCAL IMPACT The bid of $65,000 plus 15% contingency ($9,750) would total $74,750. Funds totaling approximately $7,000 will be expended for consultant services to monitor demolition activity and assure compliance with hazardous material removal and disposal requirements. Total cost for this demolition related activity is projected at $81,750. Staff earmarked $100,000 in the overall Police facility budget for this work. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an agreement with Concrete Cutting Specialist, Inc. for $65,000 and establish a 15% project contingencytotaling $9,750. Approved: William R. Kelly, City Manager 03"ANA1 fl32Ai q� *ORATS STAFF REPORT Development Services Department Date: July 15, 2003 To: Mayor and City Council From: Don Penman, Assistant City Manager /Development Services Director By: Martha Eros, Transportation Services Officergxn� Subject: Resolution No. 6372 adopting a Joint Powers Agreement by and among the Gold Line Phase II entities, creating the Gold Line Phase II Construction Authority; authorizing the City Manager to execute a Memorandum of Understanding and any /all necessary documents with the Blue Line Construction Authority and/or regional agencies relating to the Joint Powers Agreement; and, appropriating $32,000 in Proposition A funds in fiscal year 2003 -2004 for Annual Dues. Recommendation: Adopt SUMMARY On December 17, 2002, the Arcadia City Council approved the conceptual structure for a Joint Powers Agreement ( "JPA ") among the eleven (11) cities involved with the Gold Line Phase II rail project and the existing Los Angeles to Pasadena Blue Line Construction Authority ( "BLCA "). The BLCA Board of Directors is composed of representatives from the cities of Los Angeles, South Pasadena, Pasadena, the Los Angeles County Metropolitan Transportation Authority ( "MTA ") and the regional San Gabriel Valley Council of Governments ( "COG'). The eleven Phase II cities include Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont and Pasadena. The JPA will create a new construction authority that will represent the local interests of the Phase 11 cities involved with the extension of the Gold Line as it is planned, funded, designed and constructed on the existing Burlington Northern Santa Fe rail right -of -way. A fifteen (15) member Gold Line Phase II Construction Authority Governing Board composed of one elected official from each Phase II city, the cities of Los Angeles and South Pasadena, and the MTA and COG will be formed to engage in joint oversight efforts with the existing BLCA Governing Board. The JPA will be in effect for the estimated 15 -year life of the Gold Line Phase 11 light rail construction project. LASER IMAGED 5P In 1998, the California State Legislature created the Blue Line Construction Authority to manage the design and construction of the Gold Line light rail from downtown Los Angeles to the City of Claremont. The construction project was divided into two phases: Phase l begins at Union Station in downtown Los Angeles to first terminus - in east Pasadena, and Phase ll connects east Pasadena to the City of Claremont on the existing rail right -of -way. The BLCA legislative body is composed of five Council /Board Members representing the cities of Los Angeles, South Pasadena, Pasadena, and the San Gabriel Valley Council of Governments and the Los Angeles County Metropolitan Transportation Authority. The MTA will operate and maintain Phase I of the Gold Line when passenger service begins in July 2003. The Joint Powers Agreement will create the Gold Line Phase II Construction Authority under the auspices of the BLCA, and will form a fifteen member Governing Board. A City Managers Committee' will be formed to collectively review and recommend policy and fiscal proposals to the 15- member Governing Board'. The new Phase II Governing Board will supervise the funding, planning, design and construction of the Phase II extension; execute joint agreements and contracts with the BLCA for all efforts related to Phase II; coordinate and manage a production schedule to avoid overlapping activities and achieve the most cost- effective economies of scale to ensure timely completion of the project. The goal and intent of the JPA is to create a partnership between the existing Blue Line Construction Authority Board and the Phase II cities, and to grant each city active oversight and participation in the decision making process on matters impacting their local jurisdiction. Each Phase II city adopting the JPA will be' a Member of the Gold Line Phase II Construction Authority ( °Authority") for the estimated 15 -year life of the project (through year 2018). The Phase II Authority will go into effect when` eight (8) of the fifteen (15) entities adopt the JPA via City Council action 2, where upon each Member will retain membership status for the life of the JPA The JPA specifies that the Gold Line Construction Authority may be terminated early only after 60% plus one (10 out the 15 Members) ,of total voting membership votes to disband the authority Conditions for early termination of the JPA include (a.) the inability to secure federal and/or state funds by the fourth year,(i.e., December 31, 2007) for the complete construction of Gold Line Phase II to the City of Claremont; (b.) failure to unanimously adopt -the JPA by the eleven local municipalities and Phase I entities involved with Gold Line Phase II; (c.) or, I Gold Line Construction Authority, A Joint Powers Authority, Joint Exercise of Powers Agreement, Approved Draft dated 07/07/03 ( Line JPA - ). Section 16, Advisory Committee. ' Gold Line JPA. Section 32, Effective Date. ' Gold Line JPA. Section 25.a, Members, Withdrawal Not Permitted " Gold Line JPA. Section 23, Tenn. 11swZ,,qq in the event that all Members determine that an alternate form of governance structure would better support the Gold Line Phase 11, the JPA will be terminated. Each Phase II city (excluding the Phase I entities of Los Angeles, South Pasadena, MTA and COG) will commit to paying Dues ( "Dues ") each year for the administration of the Authority, with Dues averaging $32,000 annually for the first four (4) years of the JPA (reference Fiscal Impact). The Phase I entities — excluding the City of Pasadena — will be precluded from applying for or using monies acquired by the Phase 11 Authority for any Phase I enhancements Active membership status (i.e., payment of annual dues) will ensure each Member with a vote on the Governing Board, regardless of whether there is a rail stop in a Member's jurisdiction 7. It is anticipated that each Member, based on its City Council direction, will include a transit station in its jurisdiction. Failure to pay annual dues will result in the loss of voting rights, and the Governing Board may take actions deemed necessary to recover annual dues from delinquent Members. The City Managers Committee will recommend the amount of the Dues for each subsequent year based on projected costs to operate the Authority. A 5% increase cap will be placed on the assignment of annual Dues If the Governing Board and the City Managers Committee determine that an increase above 5% from the previous year's amount is necessary, a 60% vote (9 out of 15) from eligible voting Governing Board Members will be required to adopt a change above the 5% limit. Dues for the remaining 11 years of the project will increase or decrease depending on level of funding received from federal and /or state resources for the planning, design and construction of the rail line. Additionally, each Member will be responsible for building its own rail transit station if a train stop is designated in its jurisdiction (reference Fiscal Impact). JPA Factors The adopted JPA agreement may be amended only by unanimous vote (15) from all Gold Line Phase II Construction Authority Members. 2. Each Gold Line Phase II Construction Authority Governing Board representative (elected official) may serve a four -year term from the appointment date designated by its local legislative body. There shall be no limit on the number of terms that may be served by any person. 3. Each voting Member may cast only one vote for each action item before the Governing Board through its representative. The voting representative must be physically present to cast a vote; absentee or proxy voting is prohibited. 5 Gold Line JPA. Section 29.e, Dues of Members, Use of Dues. 6 Gold Line JPA. Section 29.a, Dues of Members, Payment of Dues. Gold Line JPA. Section Lf, Recitals. a Gold Line JPA. Section 29A, Dues of Members, Non - Payment of Initial Dues and Annual Dues. 9 Gold Line JPA. Section 29.c, Dues of Members, Annual Dues. � ° Excerpt from Gold Line JPA. 4. The Gold Line Phase II Construction Authority shall recommend all actions to be taken in connection with the Phase II activity, and the Blue Line Construction Authority may accept or decline —but not modify —any recommended action. 5. A quorum of the Governing Board shall consist of not less than a majority (8 of 15) of its total voting membership. Actions taken by the Governing Board shall be by an affirmative vote of not less than a majority of the Governing Board Representatives who are present with a quorum in attendance, except for the determination of Annual Dues and Termination of the Gold Line Construction Authority when all Members participate in the vote. 6. The debts, contract liabilities and obligations of the Authority shall be the debts, contract liabilities or obligations of the Authority alone. Phase II Members are not responsible, directly or indirectly, for any obligation, debt or contract liability of the Authority. 7. The Authority shall enter into a Memorandum of Understanding (MOU) with the MTA and the Blue Line Construction Authority authorizing each agency to review the scope, design and construction of the Gold Line Phase II. 8. The MOU assumes that all Phase I activities will conclude by December 31, 2003, thus all contracts, activities, and employment beneficial for Phase II development may be carried over only with the approval of the Phase II Governing Board. 9. Eligible Phase II cities admitted to the Authority after September 2, 2003, are responsible for any past Initial Dues "and /or past Annual Dues, plus accred interest. 10. If the Gold Line Construction Authority and the JPA agreement are terminated, remaining assets shall be distributed to the Members after the payment of all Authority obligations are fulfilled. ENVIRONMENTAL IMPACT The City of Arcadia, its residents and businesses will have an opportunity to voice their opinions on issues related to grade separations, operation noise (i.e., horns), and related matters during mandated public hearings and other possible scooping meetings. Local and regional impact issues presented by each city that are not identified or resolved in the adopted Alternative Analysis Report will be addressed in supplemental Environmental Impact Report (EIR) documents that are prepared in accordance to local, state and federal regulations. FISCAL IMPACT ,Preliminary cost projections provided by the SGVCOG identify a variety of funding sources during the initial four (4) years of preliminary engineering: a combination of federal funds, interest earned from state funds to rebuilt the 1- 210 /Santa Anita bridge, regional MTA allocations, local funds from each city, and possible annual carryover dollars from the Blue Line Authority Phase I project. The total estimated project costs for the 24 -mile rail line is estimated at $1.3 billion. Each Phase II Member (excluding Los Angeles, South Pasadena, MTA and COG) of the Gold Line Phase II Construction Authority will be required to pay annual membership dues a veraging $ 32,000 d uring he first four (4) years o,f the project for administrative and planning costs; funds will not be used for any legislative advocacy efforts. The City has sufficient Proposition A funds in its account balance to finance the cost of membership dues. _ Dues will be submitted to the, Gold Line Phase II Construction Authority by July 31 each.year. As previously stated, Phase I entities (excluding the City of Pasadena) will not receive any funds acquired through JPA efforts to apply towards the Phase I project area. The annual commitment for the remaining 11 -year life of the project may increase or decrease depending on available federal, state, and local money. A 60% plus one vote from the Governing Board will be required if an increase above 5% of the previous year's dues are required for the subsequent year(s). City staff will submit to Council a request for an appropriation of funds for membership dues each year. Based on City Council approval for a transit station in its jurisdiction, each City will be responsible for constructing their own transit station (i.e., station, platform, parking structures) using local funds. Local Proposition A or C money and competitive Call -for- Projects regional funds from the MTA are currently eligible for development of transit stations. The City of Arcadia has reserved a combination of Proposition A and C local return funds in preparation of building a multi -modal transit station in the City, and the City can also apply for state and federal funding. RECOMMENDATION Adopt Resolution No. 6372 approving a Joint Powers Agreement among the Gold Line Phase 11 entities creating the Gold Line Phase II Construction Authority and a fifteen member Governing Board; authorize the City Manager to enter into a Memorandum of Understanding with the Blue Line Construction Authority supporting the formation of a Joint Powers Agreement; and, appropriate $32,000 of Proposition A funds fiscal year FY2003 -2004 to pay Annual Dues. Approved by: William R. Kelly, City Manager Attachments: 1. Resolution No. 6372, Phase II Gold Line JPA 2. Gold Line Phase 11 Joint Powers Authority, final re -draft dated 07/07/03 RESOLUTION NO. 6372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING A JOINT POWERS AGREEMENT BY AND AMONG THE GOLD LINE PHASE H ENTTTIES CREATING THE GOLD LINE PHASE H CONSTRUCTION AUTHORITY; AUTHORING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND ANY /ALL NECESSARY DOCUMENTS WITH THE BLUE LINE CONSTRUCTION AUTHORITY AND /OR REGIONAL AGENCIES RELATING TO THE JOINT POWERS AGREEEMENT; AND APPROPRIATING $32,000 IN PROPOSITION A FUNDS IN FISCAL YEAR 2003 -2004 FOR ANNUAL DUES WHEREAS, the Blue Line Construction Authority (`BLCA ") was formed in 1998 in accordance with Public Utilities Code Section 132400, et seq. for the purpose of planning, designing and constructing the Los Angeles- Pasadena Mean Blue Line light rail project extending from Union Station in the City of Los Angeles to the City of Claremont; and WHEREAS, the Los Angeles- Pasadena Metro Blue Line was renamed the Gold Line by the Los Angeles County Metropolitan Transportation Authority ( "MTA') in November 2001; and WHEREAS, the BLCA is governed by a five - member Board composed of representatives from the cities of Los Angeles, South Pasadena, Pasadena, the MT A, and the San Gabriel Valley Council of Governments ( "COG'), collectively known as "Phase r; and WHEREAS, the BLCA expects to terminate or conclude all of its Gold Line Phase I contracts and activities no later than December 31, 2003; and LASER IMAGED Ord 2Qf 0 WHEREAS, the Gold Line Phase I light rail project between Union Station and Sierra Madre Villa Avenue in Pasadena has been constructed and is expected to be operational in July 2003; and WHEREAS, the cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont and Pasadena (collectively known as the "Phase lI Cities ") in concert with the San Gabriel Valley Council of Governments ( "COG ") and the BLCA have begun the initial planning for the next phase of construction between Pasadena and Claremont ( "Gold Line Phase II"); and WHEREAS, the BLCA has all of the powers necessary for planning, acquiring, owning, controlling, using, jointly using, disposing of, designing, procuring and building the Los Angeles- Pasadena Metro Blue Line light rail project; and WHEREAS, the Phase II Cities in the corridor have formed a Gold Line Phase Il Project Steering Committee ( "Committee") comprised o f an elected representative and a staff project manager from each city; and WHEREAS, it is anticipated that each of the Gold Line Phase H Cities will have at least one stop along the Gold Line Phase H; and WHEREAS, it is the intention of most or all of the Phase II Cities to create by means of a Joint Powers Agreement ( "JPA "), a copy of which is attached to this Resolution, a separate legal entity within the meaning of Section 6503.5 of the Government Code known as the Gold Line Phase H Construction Authority ( "Authority") to support and participate in the planning, design and construction of the Gold Line Phase II in cooperative efforts with the BLCA; and iq Whereas, it is intended that the Authority shall have no responsibility for and no rights, duties or authority regarding the Gold Line Phase I; and WHEREAS, it is intended that the Authority and the BLCA would work together with regard to any required modifications to the BLCA's existing agreements with the MTA relating to the Gold Line Phase II; and WHEREAS, it is intended that the Authority shall be given all appropriate authority and responsibility for the planning, design and construction of the Gold Line Phase H that can be delegated to or assumed by the Authority under existing law; and WHEREAS, it is intended that, to the extent allowed by law, the Authority shall have the right to recommend any and all actions to be taken in connection with Gold Line Phase II, and the BLCA may accept or reject but not modify any such recommended actions; and WHEREAS, the Authority and the BLCA desire to work cooperatively to achieve cost efficiencies and to avoid overlapping activities to ensure timely completion of the Gold Line Phase II; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the JPA, and authorizes and directs the Mayor and/or the City Manager to execute on behalf of the City (a) the JPA, together with such insubstantial changes thereto as may be approved by the signator on behalf of the City and by the City Attorney, (b) a Memorandum of Understanding between the Authority and the BLCA with respect to the undertaking and completion of Gold Line Phase II and related matters, and (c) any 3 and all other documents necessary and appropriate in order to effectuate the JPA and the above described Memorandum of Understanding. SECTION 2. The City Council hereby appropriates the sum of $32,000 in Proposition A Funds for fiscal year 2003 -2004. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of July 2003. /s /.GARY A. KOVACIC Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: 4� Ic J-Pit/l�� City Altomey of the City of Arcadia 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I. JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6372 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 15th day of July 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Chang, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None JUN • WOW City Clerk of the City of Arcadia 5 RE -DRAFT 07/07/03 GOLD LINE PHASE H CONSTRUCTION AUTHORITY A JOINT POWERS AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT LA4 1 Gold Line PhasJ II Joint Powers Authority RE -DRAFT 07/07/03 AGREEMENT "GOLD LINE PHASE II CONSTRUCTION AUTHORITY" (A JOINT POWERS AUTHORITY) This Agreement ( "Agreement ") is made and entered into by and between the public entities whose names are set forth in Exhibit A, attached hereto and incorporated herein by this reference, and who have approved and executed this Agreement (each a "Member" and collectively, "Members "), pursuant to Section 6500 et seq. of the Government Code and other applicable law: WITNESSETH: The parties hereto do agree as follows: Section 1. Recitals This Agreement is made and entered into with respect to the following facts: a. The Pasadena Metro Blue Line Construction Authority (the "Blue Line Construction Authority") was formed in accordance with Public Utilities Code Section 132400 et seq. and was created for the purpose of awarding and overseeing all design and construction contracts for the completion of the Los Angeles- Pasadena Metro Blue Line light rail project; b. As defined by Section 132400(e) of the PublidUtilities Code, the Los Angeles- Pasadena Metro Blue Line light rail project extends from Union Station in the City of Los Angeles to Sierra Madre Villa Avenue in the City of Pasadena and also includes any mass transit guideway that may be planned extending further eastward along the rail right -of -way to the City of Claremont; c. The Blue Line Construction Authority also has all of the powers necessary for planning, acquiring, owning, controlling, using, jointly using, disposing of designing, procuring and building the Los Angeles- Pasadena Metro Blue Line light rail project; d. The Los Angeles- Pasadena Metro Blue Line has been renamed the Gold Line by the Los Angeles County Metropolitan Transportation Authority (the "LACMTA ") to avoid confusion with other commuter lines in the Los Angeles metropolitan area and the extension of this light rail line from Pasadena to Claremont has been identified as the Gold Line Phase II light rail project (the "Gold Line Phase II'); e. The Gold Line light rail project between Union Station and Sierra Madre Villa Avenue in Pasadena (the "Gold Line Phase I ") has been constructed and the LACMTA expects it to be operational in the summer of 2003. The cities of Azusa, Claremont, Duarte, Glendora, Arcadia, LaVerne, Irwindale, Pomona, San Dimas, Monrovia, and Pasadena (each a "Phase 11 City" and collectively the "Phase H Cities ") in I N126478v2 RE- DRAFT' 07/07/03 concert with the San Gabriel Valley Council of Governments (the "SGVCOG ") and the Blue Line Construction Authority have begun the initial planning for the Gold Line Phase II; £ It is anticipated that the Gold Line Phase II, once completely operational, will, with the concurrence of the respective city councils, include at least one stop in the cities of Azusa, Claremont, Duarte, Glendora, Arcadia, LaVeme, Irwindale, Pomona, San Dimas, and Monrovia and the existing Gold Line stop at Sierra Madre Villa Avenue in the City of Pasadena will serve as the starting point for the Gold Line Phase II, thus providing each planned Phase lI City with at least one stop along the Gold Line Phase H. g. The public interest requires the formation of a single joint powers agency to represent the interests of the members of the Blue Line Construction Authority and the Phase H Cities as the project is planned, funded, designed and constructed; h. The public interest requires that an agency that is created to support and participate in the planning, designing and construction of the Gold Line Phase II have the authority to enter into cooperative agreements with the Blue Line Construction Authority under which said agency could assume certain rights and responsibilities, in all or in part, that are necessary to ensure the funding for and the timely planning, design and construction of the Gold Line Phase II; i. The public interest requires that each Member of an agency with the aforementioned goals be a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; j. The public interest requires that each Member of an agency with the aforementioned goals determine by and through its legislative body that cooperation and coordination among the Phase lI Cities and with the Blue Line Construction Authority and its members is required in furtherance of the public interest, necessity and convenience; and k. The public interest requires that each Member, by and through its legislative body, has independently determined that the public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each such Member. Section 2. Creation of Separate Legal Entity It is the intention of the Members to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the Government Code. Accordingly, there is hereby created a separate legal entity that shall exercise its powers in accordance with the provisions of this Agreement and applicable law. Section 3. Name The name of said separate legal entity shall be the Gold Line Phase II Construction Authority (the "Authority"). Section 4. Purpose and Powers of the Authority. LA L26478v1 RE -DRAFT 07/07/03 a. Purpose of Authori tv . The purpose of the creation of the Authority is to enable the Members to participate as fully as is necessary and appropriate in the planning, funding, design and construction of the Gold Line Phase II. It is the clear intent of the Members that the Authority not possess any power to operate the Gold Line Phase H or to maintain it after construction is completed and these responsibilities shall instead be the responsibility of the LACMTA. It is also the clear intent of the Members of the Authority to work closely with the Blue Line Construction Authority to promote efficiency of management of Gold Line Phase II, to achieve cost efficiencies and to avoid overlapping activities, all while ensuring the rapid completion of the Gold Line Phase IL The goal and intent of the Authority is one of cooperation among Members in support of the funding, planning, design and construction of the Gold Line Phase H. b. Powers The Authority shall have, and may exercise, the following powers solely or in concert with the Blue Line Construction Authority, as may be appropriate: (1) Serve as an advocate in representing the Members of the Authority at the regional, state and federal levels on issues of importance to the Gold Line Phase H; (2) Serve as a forum for the review, consideration, study, development and recommendation of policies and plans in connection with the Gold Line Phase II; (3) Address issues of concern to the Members, collectively and individually; (4) Utilize Member resources or presently existing single purpose public and public /private groups to carry out its programs and projects; (5) Explore practical avenues for voluntary intergovernmental cooperation, coordination and action; (6) Enter into memoranda of understanding, cooperative agreements, and/or a joint powers agreement with the Blue Line Construction Authority and/or the LACMTA to enable the Authority, as necessary, to coordinate, oversee, and/or participate in the funding, planning, design and construction of the Gold Line Phase II; (7) Build a consensus among the Members to address issues, strategies and policies in connection with the Gold Line Phase II; (8) Facilitate and coordinate activities for obtaining state, federal and regional grants in support of the Gold Line Phase II; LA #126478v2 4 RE -DRAFT 07/07/03 (9) Make and enter into contracts, including contracts for the services of engineers, consultants, contractors, planners, attorneys and single purpose public /private groups; (10) Employ agents, officers and employees; (11) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (12) . Lease, manage, maintain, and operate any buildings, works, or improvements, except that the LACMTA shall be solely responsible for the operation of the Gold Line Phase II and the maintenance of same after construction is complete; (13) Delegate some or all of its powers to an Executive Director as hereinafter provided; (14) Acquire, through purchase or through eminent domain proceedings, and dispose of, through sale, transfer or any other lawful means, any property necessary for, incidental to, or convenient for, the exercise of the powers of the Authority; (15) Incur indebtedness and/or issue bonds, secured solely by pledges of funds to be available for the design and construction of the Gold Line Phase II; provided, however, that any borrowings authorized hereunder shall be subject to Section 17 of this Agreement; (16) Contract with public and private entities for the planning, design, and construction of the Gold Line Phase II; (17) Enter into cooperative or joint development agreements with local governments or private entities for any purpose that is necessary for, incidental to, or convenient for the full exercise of powers granted to the Authority; (18) Relocate or provide for the relocation of utilities as necessary,for the completion of the Gold Line Phase II; (19) Exercise any implied power necessary to exercise the express powers provided for in this Section 4. c. Exercise of Powers The Authority shall have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. For the purpose of determining the powers of and the restrictions to be. imposed on the Authority in its l..A fl26478i2 q RE -DRAFT 07/07/03 manner of exercising its powers pursuant to Government Code section 6509, it is understood and agreed by the Members that the Authority shall have any powers and observe any restrictions imposed upon the City of Claremont. Section 5. Creation of Governing Board There is hereby created a Governing Board for the Authority ("Governing Board ") to conduct the affairs of the Authority. The Governing Board shall be constituted as follows: a. Designation of Governing Board Representatives One person shall be designated as a voting representative to the Governing Board by the legislative body of each of the Members ( "Governing Board Representative "). b. Designation of Alternate Governing Board Representatives One person shall be designated as an alternate voting representative to the Governing Board by the legislative body of each of the Members ( "Alternate Governing Board Representative "). c. Eligibility Each Governing Board Representative and Alternate Governing Board Representative shall serve at the pleasure of his/her legislative body and shall have a term of not more than four years from the date each is first designated by his/her legislative body. There shall be no limit on the number of terms that may be served by any person. Except with regard to the LACMTA and the SGVCOG, no person shall be eligible to serve as a Governing Board Representative or an Alternate Governing Board Representative unless that person is, at all times during the tenure of that person as a Governing Board Representative or Alternate Governing Board Representative, a member of the legislative body of his/her appointing Member. Should any Governing Board Representative or Alternate Governing Board Representative fail to maintain the status as required by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and the Member shall be entitled to appoint a qualified replacement d. LACMTA and SGVCOG Representatives. The eligibility requirements for the LACMTA Representative and the LACMTA Alternate Representative shall be as deternined by the LACMTA except that neither one may be an employee of the LACMTA. The eligibility requirements for the SGVCOG Representative and the SGVCOG Alternate Representative shall be as determined by the SGVCOG, except that neither one may be an employee of the SGVCOG. e. Compensation. Each Governing Board Representative (or Alternate Governing Board Representative when acting in the absence of the Governing Board Representative) may be compensated at a rate of not more than one hundred fifty dollars ($150.00) per regular meeting, adjourned regular meeting or special meeting of the Authority plus expenses if compensation and payment of expenses are authorized by the Governing Board. Compensation shall not exceed one thousand eight hundred dollars ($1,800.00) per year per Member, plus expenses directly related to the performance of duties imposed by the Authority. 3A '712 7812 6 RE -DRAFT 07/07/03 Section 6. Use of Public Funds and Pronerty The Authority shall be empowered to utilize for its purposes public and/or private funds, property and other resources received from the Members and/or from other sources. Where applicable, the Governing Board of the Authority may permit one or more of the Members to provide in kind services, including the use of property, in lieu of devoting cash to the funding of the Authority's activities. Section 7. Functioning of Governing Board a. Voting and Participation Each voting Member may cast only one vote for each action item before the Governing Board through its representatives. An Alternate Governing Board Representative may participate or vote in the proceedings of the Governing Board only in the absence of that Member's Governing Board Representative. A Governing Board Representative or Alternate Governing Board Representative seated on the Governing Board shall be entitled to participate and vote on matters pending before the Governing Board only if such person is physically present at the meeting of the Governing Board and if the Member which that Governing Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues as required by Section 29 of this Agreement or has cured any failure to timely and fully pay dues in accordance with Section 29 d. of this Agreement. b. Proxy Voting No absentee or proxy voting shall be permitted. c. Quo rum. A quorum of the Governing Board shall consist of not less than a majority of its total voting membership. d. Committees As needed, the Governing Board may create permanent or ad hoc advisory committees to give advice to the Governing Board on such matters as may be referred to such committees by the Governing Board. All committees shall have a stated purpose before they are formed. All such committees shall remain in existence until they are dissolved by the Governing Board. Qualified persons shall be appointed to such committees by the pleasure of the Governing Board. Committees, unless otherwise provided by law, this Agreement, the Bylaws or by direction of the Governing Board,. may be composed of Governing Board Representatives and individuals who are not Governing Board Representatives. A quorum of any such committee shall be one third (1/3) of its membership and all meetings of any such committee shall be held in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). e. Actions Actions taken by the Goveming Board shall be by an affirmative vote of not less than a majority of the Governing Board Representatives who are present with a quorum in attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry a particular motion. Section 8. Duties of the Governing Board The Governing Board shall be deemed, for all purposes, the policy making body of the Authority. All of the powers of the Authority, except as maybe expressly delegated to others pursuant to the provisions C_4 ;� 726478 v2 _ 7 RE -DRAFT 07/07/03 of applicable law, this Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing Board. Section 9. Roberts Rules of Order The substance of Roberts Rules of Order shall apply to the proceedings of the Governing Board, except as may otherwise be provided by provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board. Section l O. Meetings of Governing Board The Governing Board shall, by means of the adoption of Bylaws, establish the dates and times of regular meetings of the Governing Board. The location of each such meeting shall be as directed by the Governing Board. Section I1. Election of Chaimerson and Vice - Chairperson The Chairperson of the Governing Board shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice - Chairperson shall serve as Chairperson in the absence of the Chairperson and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board or the Chairperson. At the first regular meeting of the Governing Board, a Governing Board Representative shall be elected to the position of Chairperson by the Governing Board, and a different Governing Board Representative shall be elected Vice - Chairperson of the Governing Board each by a vote of a majority of the total voting membership of the Governing Board. The terms of office of the Chairperson and Vice - Chairperson elected at the first regular meeting of the Governing Board shall expire on the following July 1. Thereafter, a Governing Board Representative shall be elected to the position of Chairperson of the Governing Board, and a different Governing Board Representative shall be elected to the position of Vice - Chairperson of the Governing Board, each by a vote of a majority of the total voting membership of the Governing Board, at the first regular meeting of the Governing Board held in May of each calendar year. The terms of office of the Chairperson and Vice - Chairperson shall commence and expire on July 1. If there is a vacancy, for any reason, in the position of Chairperson or Vice - Chairperson, the Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent. Section 12. Executive Director The Governing Board may appoint by a vote of the majority of its total voting membership a qualified person to be Executive Director ( "Executive Director ") on any basis it desires including, but not limited to, a contract or employee basis. The Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing Board Representative, nor an elected official of any Eligible Public Entity listed in Exhibit A, nor an Ex Officio Representative, but the Executive Director may be an employee of or be under contract to the Blue Line Construction Authority and, subject to the approval of the Governing Board, may concurrently remain in the employ of or under contract to the Blue Line Construction LA'12 47 f2 R RE -DRAFT 07/07/03 Authority. The Executive Director shall be the chief executive officer of the Authority. The Executive Director shall serve at the pleasure of the Governing Board and maybe relieved from such position at any time, with or without cause, by a vote of the majority of the total voting membership of the Governing Board taken at a regular, adjourned regular or special meeting of the Governing Board. The Executive Director shall perform such duties as may be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, the Administrative Code or by the direction of the Governing Board. The compensation, if any, of a person holding the office of Executive Director shall be set by the Governing Board. Section 13. Designation of Treasurer and Chief Financial Officer The Governing Board shall, in accordance with applicable law, designate a single, qualified person to act as the Treasurer and Chief Financial Officer ( "Chief Financial Officer's of the Authority. The Chief Financial Officer may be an employee of or be under contract to the Blue Line Construction Authority and, subject to the approval of the Governing Board, may concurrently remain in the employ of or under contract to the Blue Line Construction Authority. The compensation, if any, of the Chief Financial Officer shall be set by the Governing Board. The Chief Financial Officer of the Authority shall have charge of the depositing and custody of all funds held by the Authority. The Chief Financial Officer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Board. Section 14. Selection and Responsibilities of Auditor The Governing Board shall, in accordance with all applicable law and its own procurement policies, select an independent auditor to perform such functions as may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction of the Governing Board. The compensation of the Authority's Auditor shall be set by the Governing Board. Section 15. Other Officers and Employees The Governing Board may direct the employment of such other officers. or employees as it deems appropriate and necessary to conduct the affairs of the Authority. Section 16. Advisory Committee The Governing Board shall establish an Advisory Committee (the "Committee') at its first meeting. The Committee shall be established for the purpose of making recommendations to the Governing Board and shall be comprised of one city manager (or person holding the equivalent position, which position differs only in title), or that city manager's designee, from each current voting Member; except that, the SGVCOG's and the LACMTA's representatives shall each be of the SGVCOG's and the LACMTA's own choosing, respectively. Each current voting Member shall designate its representative to the Committee by a letter from the Member to the Governing Board and each representative shall serve at the pleasure of his/her legislative body. The Chairman of the Committee shall be a representative of a current voting Member who is elected by a majority vote of the total membership of the Committee. The Chairman shall serve a term of one year and may be re- elected to the position. The Chairman shall sit as an Ex Officio Representative of the Governing Board. A quorum of the Committee shall be one -third (113) of its membership. All meetings of i n # 26478 9 RE -DRAFT 07/07/03 the Committee shall be held in accordance with the Ralph M. Brown Act (Government Code Section 54950 et seq.) Section 17. Obligations of Authority To the extent allowed by law, the debts, contract liabilities and obligations of the Authority shall be the debts, contract liabilities or obligations of the Authority alone. Further, and also to the extent allowed by law, no Member of the Authority shall be responsible, directly or indirectly, for any obligation, debt or contract liability of the Authority. Section IS. Liability Insurance and Indemnity a. Liability Insurance The Authority shall obtain adequate insurance coverage for all of its activities and include in any insurance policies as additional named insureds the Members of the Authority, the Blue Line Construction Authority, and the boards, officers, directors, agents and employees of each of these entities. Further, the Authority shall require that parties with whom the Authority contracts agree to defend, hold harmless; and indemnify the Authority, the Members of the Authority, the Blue Line Construction Authority, and the boards, officers, directors, agents and employees of each of these entities. b. Indemni . The Authority shall defend, indemnify and hold harmless Governing Board Representatives; Alternate Governing Board Representatives; committee representatives, officers, officials and employees of the Authority; Members; the Blue Line Construction Authority; and the boards, officers, officials and employees of the Members and the Blue Line Construction Authority from and' against all claims or actions brought in connection with or arising from the acts or omissions of the Authority or acts undertaken on behalf of the Authority. Section 19. Control and Investment of Authority Funds The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 20. Implementation Agreements When authorized by the Governing Board, affected Members may execute an implementation agreement with the Authority for the purpose of authorizing the Authority to implement, manage and administer programs in the interest of the affected Members and the local public welfare. The costs incurred by the Authority in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that implementation agreement. Section 21. Agreements with LACMTA and the Blue Line Construction Authority. a. Assets. The Authority shall enter into agreements with the LACMTA and the Blue Line Construction Authority, as appropriate, regarding the manner of ownership and other requirements relating to.all real and personal property and any other assets that are accumulated in the planning; design and construction of the Gold Line i_Arize47 V_2 10 RE -DRAFT 07/07103 Phase II, including, but not limited to, rights -of -way, documents, third -party agreements, contracts and design documents. b. Roles and Responsibilities. The Authority shall enter into a memorandum of understanding with the LACMTA and/or the Blue Line Construction Authority addressing the roles and responsibilities of the Authority, the LACMTA and the Blue Line Construction Authority in connection with the Gold Line Phase II. It is the intention of the Members that any memorandum of understanding between the Authority and the Blue Line Construction Authority and/or the LACMTA shall provide that the Authority shall be given all appropriate authority and responsibility for the planning, design and construction of the Gold Line Phase II that can be delegated to or assumed by the Authority under existing law. Any such memorandum of understanding shall also indicate, to the extent allowed by law, that the Authority shall have the right to recommend all actions to be taken in connection with any authority or responsibility that the Blue Line Construction Authority may retain regarding the Gold Line Phase II and the Blue Line Construction Authority may accept or reject but not modify any such recommended actions. Finally, any such memorandum of understanding shall also clearly state that the Authority shall have no responsibility for and no rights, duties or authority regarding the Gold Line Phase I. Section 22. Prohibition against Encumbrances. The Authority shall not encumber any future fare box revenue that is anticipated from the Gold Line Phase II. Further, the Authority shall not encumber the Gold Line Phase II with any obligation that is transferable to the LACMTA or the Blue Line Construction Authority without their written approval. The responsibilities of the Authority do not extend to the procurement of rolling stock for the Gold Line Phase II, which is a component of the operation of the project and which is to be administered by the LACMTA. Section 23.Term. Unless extended by written agreement of all of the Members or terminated by written agreement of all the Members ( "Unanimous Termination "), the Authority created pursuant to this Agreement shall continue in existence for a period of fifteen (15) years from the Effective Date of this Agreement as determined in accordance with Section 32; however, this Agreement maybe terminated early by an affirmative vote of not less than sixty percent (60 %) plus one (1) of the then total voting membership of the Governing Board ( "Early Termination "). Early Termination may occur only after one or more of the following: (a) a failure on the part of all of the eligible public entities whose names are set forth on Exhibit A to this Agreement ( "Eligible Public Entities') to adopt this Agreement by majority vote of their respective legislative bodies within one hundred eighty (180) days of the Effective Date of this Agreement; (b) a determination by the Governing Board, no earlier than four (4) years from the Effective Date of this Agreement, indicating that sufficient funds will not be available to complete the Gold Line Phase II in a reasonable period, or (c) the completion of the Gold Line Phase II. In the event of Unanimous Termination or a vote in favor of Early Termination of this Agreement, the Governing Board shall ensure that a proper and orderly wrapping up of all of the activities, responsibilities and obligations of the Authority will occur. In the event of Unanimous Termination or a vote in favor of Early Termination, the Executive L_4 4 126478 v2 11 RE -DRAFT 07/07/03 Director shall thereafter recommend and the Governing Board shall approve the extent to which construction activities shall be completed before this Agreement is terminated. Section 24. Application of Laws to Authority Functions The Authority shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code). Section 25. Administrative Code. a. Ad Not later than sixty (60) days after the Effective Date of this Agreement as described in Section 32, the Authority shall adopt those sections of the Blue Line Construction Authority Administrative Code that are applicable to the Gold Line Phase II and that are in accord with all applicable laws including but not limited to contracting and procurement laws, laws relating to contracting goals for minority and women businesses, and the Political Reform Act of 1974 (Section 81000 et se . of the Government Code). b. Code of Conduct The administrative code shall include a code of conduct for employees and Governing Board Representatives and Alternate Governing Board Representatives. Section 26. Members . . a. Withdrawal not Permitted A Member may not withdraw from the Authority and shall each year be responsible for any Annual Dues, as defined in Section 29 c. of this Agreement and for its annual share of any and all obligations, liabilities or costs that are the responsibility of the Authority. A Member's share in the obligations, liabilities and costs of the Authority shall be calculated in proportion to the obligation of the Member to participate in the- funding of the Authority. b. Admitting Eligible Public Entities on or before September 2, 2003 Eligible Public Entities who: 1) adopt this Agreement by majority vote of their respective legislative bodies and 2) properly sign this Agreement on or before September 2, 2003, shall be admitted to the Authority on the effective date of this Agreement, as defined in Section 32. c. Admitting Eligible Public Entities after September 2. 2003 Eligible Public Entities who: (1) adopt this Agreement by majority vote of their respective legislative bodies and (2) properly sign this Agreement after September 2, 2003, shall be admitted to the Authority after payment of any past Initial Dues and Annual Dues, as both are defined in Section 29, and interest that is calculated from September 3, 2003, compounded monthly and determined using a rate that is approved by the Governing Board. Section 27. Interference with Function of Members The Governing Board shall not take any action that constitutes an interference with the exercise of lawful powers by a Member of the Authority. LAt: 9 12 RE -DRAFT 07/07/03 Section 28. Schedule. The Authority shall make reasonable progress toward the completion of the Gold Line Phase II and shall proceed in accordance with any timetable for the Gold Line Phase H or any portion thereof that is now or is subsequently identified in the State Transportation Improvement Program. Section 29. Dues of Members a. Payment of Dues. Each Phase II City that is a Member of the Authority shall have an obligation to participate in the funding of the Authority and shall be responsible for the payment to the Authority of dues. The LACMTA, the SGVCOG and the cities of South Pasadena and Los Angeles shall not be required to pay dues and shall not have any obligation to participate in the funding of the Authority, but shall, in good faith, provide assistance and support to the Authority. Further, the SGVCOG shall provide in kind services equal in value to the Initial Dues and the Annual Dues. b. Initial Dues The initial dues shall be thirty-one Thousand Four Hundred forty -five Dollars ($31,445.00) for every Phase II City that is a Member (the "Initial Dues ") and the Initial Dues shall be due and payable to the Authority on October 1, 2003. c. Annual Dues In March of 2004, and in each March thereafter, the Phase H Cities shall determine the Annual Dues, which shall be the same for each Phase II City that is a Member, except that if one or more additional stops for the Gold Line Phase H has been authorized, the Phase II Cities may approve, by an affirmative vote of sixty percent (60 %) plus one (1) of the Phase H Cities that are voting Members of the Authority, an adjustment to the Annual Dues of one or more Phase II Cities that takes into consideration the location of the additional stop(s) and the Phase II City(is) that will benefit therefrom. The annual dues (the "Annual Dues') shall be due on July 1 of each year, starting in 2004. The Phase II Cities shall determine the Annual Dues after considering the recommendation of the Committee, which recommendation shall be based upon the estimated operating costs of the Authority and the projected costs of the Gold Line Phase II, both for the following year. An increase in Annual Dues of no more than five percent (5 %) from the previous year may be approved by an affirmative vote of a majority of the Phase H Cities that are current voting Members of the Authority. An increase in Annual Dues by more than five percent (5 %) from the previous year will require an affirmative vote of sixty percent (60 %) plus one (1) of the Phase II Cities that are current voting Members of the Authority. d. Non - Payment of Initial Dues and Annual Dues Initial Dues are delinquent sixty (60) days after payment is due and Annual Dues are delinquent thirty (30) days after payment is due. If a Member fails to pay Initial Dues or Annual Dues before they become delinquent, the Member shall be deemed to be suspended from voting on any matter before the Governing Board. Such a Member shall have its voting rights reinstated upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension, plus interest that is compounded monthly and calculated using a rate that is approved by the Governing Board. Should a Member fail to pay dues and interest even after being suspended from LA #i 2642s,g 13 RE- DRAFT' 07/07/03 participation, the Authority may take any actions allowed by law that are authorized by the Governing Board to recover any monies that are owed, and if authorized by the Governing Board, the Authority may also take other actions including, but not limited to, elimination of any planned station from the Gold Line Phase II, for any Member failing to pay dues. e. Use of Dues Dues may be used to pay for all or part of the operating costs of the Authority and/or all or part of the planning, acquisition, design, procurement, building, staffing and all other lawful costs of the Gold Line Phase II. Section 30. isposition of Assets Upon termination of this Agreement, after the payment of all obligations of the Authority, any assets remaining shall be distributed to the Members in proportion to the then obligation of the Members to participate in the funding of the Authority. Section 31. Amendment . This Agreement may be amended but only upon the unanimous consent of all of the legislative bodies of the Members hereto. Section 32. Effective Date The effective date ( "Effective Date') of this Agreement shall be September 3, 2003, if eight (8) of the Eligible Public Entities adopt this Agreement by a majority vote of their legislative body and sign this Agreement by that date. If eight (8) of the Eligible Public Entities have not signed this Agreement by September 3, 2003, then the Effective Date of this Agreement shall be the first date on which eight (8) of the Eligible Public Entities adopt and sign this Agreement. That the Members of this Joint Powers Agreement have caused this Agreement to be executed on their behalf, respectively, as follows: Mayor /Chief Executive Officer/ Executive Director ATTEST City Clerk/Secretary LA # 14 RE -DRAFT 07/07/03 EXHIBIT A Eligible Public Entities Arcadia Azusa Claremont Duarte Glendora Irwindale Laverne LACMTA Los Angeles Monrovia Pasadena Pomona San Dimas SGVCOG South Pasadena LA # 126478 ti2 15