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.
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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
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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:
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David O. Knell PLS 5301 Date
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June 25, 2003
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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)
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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
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•
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
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°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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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