Loading...
HomeMy WebLinkAboutSeptember 21, 2004'r - -� AGENDA Arcadia City Council and Redevelopment Agency j0"T% Meeting September 21, 2004 6:00 p.m. Council Chambers Conference Room wIwI� 1!�Il�1: ROLL CALL: City Council/Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON - PUBLIC HEARING /FIVE - MINUTE TIME LIMIT PER PERSON) 1. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation — one (1) case 7:00 p.m. Council Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members /Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDAITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in full 3. PRESENTATION of a Citizen of the Month Award to "The Arcadia Teacher" 4. PRESENTATION of a Proclamation to Assistance League of Arcadia LASER IMAGED Gary A. Kovacic, Mayor . John Wuo, Mayor Pro lempore . Roger Chandler, Gail A. Marshall, Mickey Segal, Council Members William R. Kelly, City Manager Jim Barrows, City Clerk ('.� 0, ❑❑❑ WELCOME TO YOUR CITY COUNCIL MEETING Thank you for attending an Arcadia City Council meeting. The following information is provided to make the meeting a more meaningful and understandable event. The City of Arcadia is governed by a five- member City Council, which also serves as the Redevelopment Agency. Every even - numbered year, either two or three Council Members are elected at large to serve four -year terms. The City Council elects, from its membership, a Mayor to serve as the presiding officer for a one -year period. The City Manager is employed by the City Council to carry out its policies and to serve as the Chief Executive Officer of the City and the Executive Director of the Redevelopment Agency. REGULAR CITY COUNCIL MEETINGS are held on the first and third Tuesdays of the month at 7:00 p.m. in the Council Chambers located at 240 W. Huntington Drive. Meetings are broadcast live on cable channel 20 and replayed at various times in the following weeks. From time to time, special meetings are scheduled for specific purposes. The City Council follows a regular order of business, as provided in the agenda for each meeting. The agenda is prepared and made available to the public 72 hours in advance of the meeting. Full agenda packages are available for review prior to the meeting in the City Clerk's Office at City Hall and at the Arcadia Public Library. CITIZEN PARTICIPATION is invited at all City Council meetings. At each regular meeting, time is reserved for those in the audience who wish to address the City Council on any matter. There is a five - minute time limit per person. Please be aware that, pursuant to the provisions of the Brown Act, the City Council is prohibited from taking action on any issue not listed on the agenda, unless an emergency exists requiring City Council action or an urgent need for action arises after the agenda is published. Time is also reserved for individuals wishing to address the City Council about a scheduled "Public Hearing" item. With respect to Public Hearings, persons addressing the City Council should limit their remarks to the matter under consideration. CONSENT CALENDAR items are considered to be routine in nature and may be enacted by one motion. There is no separate discussion on these items unless a Council Member so requests. An ORDINANCE is a City law which can only be amended or repealed by adoption of another Ordinance. A proposed Ordinance requires two readings —an introduction and an adoption —at separate City Council meetings. Ordinances become effective 30 days after adoption. A RESOLUTION is an official statement of City Council policy, directs certain administrative or legal action, or embodies a public City Council statement. A Resolution is adopted the same night it is proposed. Once adopted, it remains City Council policy unless changed by a subsequent Resolution. In compliance with the AMERICANS WITH DISABILITIES ACT, if you need special assistance to participate in a City Council meeting, please contact the City Manager's Office at (626) 574 -5401 at least three (3) working days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY (NON- PUBLIC HEARING /FIVE- MINUTE TIME LIMIT PER PERSON) 5. MATTERS FROM ELECTED OFFICIALS City Council Reports / Announcements /Statements/Future Agenda Items 6. CONSENT — REDEVELOPMENT AGENCY a. Minutes of the August 31, 2004 adiourned meeting and the Member 6, 2004 regular meeting Recommendation: Approve CONSENT — CITY COUNCIL b. Minutes of the August 31, 2004 adjourned meeting and the September 6, 2004 regular meeting Recommendation: Approve C. Ordinance No. 2197 pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board Recommendation: Adopt d. Resolution No. 6442 establishing compensation and related benefits for employees represented by the Arcadia Firefighters' Association for July 1, 2004 through June 30, 2005 Recommendation: Adopt e. by Teamsters Local 911 for July 1, 2004 through June 30, 2005 Recommendation: Adopt f. Resolution No. 6444 establishing_ compensation and related benefits for executive management, management employees and general employees effective July 1, 2004 Recommendation: Adopt g. Resolution No. 6445 establishing compensation and related benefits for Public Works employees represented by Teamsters Local 911 for July 1, 2004 through June 30, 2005 Recommendation: Adopt h. Resolution No 6446 adopting a nolicv for temporary event street closures Recommendation: Adopt i. Resolution No. 6447 sustaining the Planning Commission's denial of 136 Las Tunas Drive Recommendation: Adopt Recommendation: Accept k. Community Center re -roof Recommendation: Accept all work performed by Tri Star Roofing as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $10,617.70 1. Chantry Flats Road retaining wall Recommendation: Accept all work performed by Van Elk Limited for the repair of the Chantry Flats Road Retaining Wall Project as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $7,920.00 m. Purchase of brass valves and fittings Recommendation: Approve a purchase order in the amount of $55,600.00 to Hughes Supply for the purchase of valves, brass fittings and related accessories n. Annual Slurry Seal Project Recommendation: Accept all work performed by Pavement Coatings Company as complete and authorize the final payment to be made in . accordance with the contract documents, subject to a retention of $24,783.85 a of $172,780.00 for the 2004 -2005 fiscal year Recommendation: Approve P. Legislative Advocacy Services Recommendation: Authorize the City Manager to renew the Professional Services Agreement with Joe A. Gonsalves & Son in the amount of $36,000.00 for legislative advocacy services for the period September. 2004 through September 2005 q. Establishment of a wholesale price for Visions of Arcadia Recommendation: Set the wholesale price at $15 per book 7. CITY MANAGER a. Construction of a firing ranee at the police station Recommendation: Waive the formal bid process and authorize the City Manager to enter into a contract with Meggitt Defense Systems Caswell for construction of a range in the amount of $433;942.66, paid for with Asset Seizure funds b. Civic Center Plaza Proiect Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Gonzalez Goodale Architects in the amount of $80,000.00 for architectural services related to the Civic Center Plaza Project ADJOURN the City Council/Redevelopment Agency to October 5, 2004 at 6:00 p.m., in Council Chambers Conference Room in memory of Anne Pedrotti ANNOTATED COUNCIL AGENDA — CITY'OF ARCADIA TUESDAY, SEPTEMBER 21, 2004 ITEM NO. DESCRIPTION ACTION 1. a. CLOSED SESSION Pursuant to Government Code 54956.9 to confer with legal counsel regarding No reportable action potential litigation — one (1) case. MOTION — ORDINANCES AND RESOLUTIONS TO BE READ BY TITLE ONLY It was moved by Council Member Chandler and seconded by Council Member Approved Marshall then carried without objection that Ordinances and Resolutions be read 5 -0 by title only and that the reading in full be waived. 6.a. CONSENT AGENDA (ARCADIA REDEVELOPMENT AGENCY): ' Request for approval of the minutes of the August 31, 2004 Adjourned Meeting Approved and the.September 7, 2004 Regular Meeting. 5 -0 CONSENT AGENDA (COUNCIL): 6. b. Request for approval of the Minutes of the August 17, 2004 Regular Meeting Approved and corrected Minutes of the August 3, 2004 Regular Meeting. 5 -0 6. c. Adopt an Ordinance of the City Council of the City of Arcadia, California,' pertaining to the composition of the Business Permit and License Review Approved ORD. 2197 Board and the Home Occupation Board. 5 -0 6. d. Adopt a Resolution of the City Council of the City of Arcadia, California, approving a Memorandum of Understanding establishing compensation and Approved RES. 6442 related benefits for employees represented by the Arcadia. Firefighters' 5 -0 Association (�'AFFA ") for July.l, 2004 through June 30, 2005. 6. e. Adopt a Resolution of the City Council of the City of Arcadia, California, approving a Memorandum of Understanding establishing compensation and Approved RES. 6443 related benefits for Confidential, Supervisory, Professional and General 5 -0 Employees represented by Teamsters Local 911 for July 1, 2004 through June 30, 2005. 6, f. Adopt a Resolution of the City Council_ of the City of Arcadia, California, Approved establishing compensation and related benefits for Management and Executive 5 -0 RES. 6444 Management Employees effective July 1, 2004. 6. g. Adopt : a Resolution of the City Council of the City of Arcadia, California, Approved approving a Memorandum of Understanding establishing compensation and 5-0 RES. 6445 related benefits for employees represented by the Arcadia Public Works Employee Association ("APWEA'� for July 1, 2004 through June 30, 2004. 6. h. Adopt a Resolution of the City Council of the City of Arcadia, California, adopting RES. 6446 a policy. for temporary event street closures. Approved 5 -0, Page 1 of 2 LASER IMAGED 2 6. i. Adopt a Resolution of the City Council of the City of Arcadia, California, sustaining the Planning Commission's denial of C.U.P. 04 -005, a request to Approved RES. 6447 convert an existing take -out only food establishment (Celeste's Kitchen) to a 5 -0 restaurant use at 136 Las Tunas Drive. 6.j. Accept a donation of $10,000 to the Arcadia Public Library from the Arcadia Approved Public Library Foundation for online databases and library materials for children 5 -0 and teens. 6.k. Accept all work performed by Tri Star Roofing for the Community Center Re- Approved Roof project as complete; and authorize the final payment to be made in 5 -0 accordance with the contract documents, subject to retention of $10,617.70. 6.1. Accept all work performed by Van Elk Ltd. For the Repair Chantry Flats Road — Approved Retaining Wall project as complete; and authorize final payment to be made in 5 -0 accordance with the contract document, subject to a retention of $7,920.00. 6.m. Authorize the City Manager to approve the purchase of brass valves, fitting and Approved related accessories from Hughes Supply in the amount of $55,600; and waive 5 -0 any informalities in the bid or bidding process. 6.n. Accept all work performed by Pavement Coatings Company for the 2003 -2004 Approved Annual Slurry Seal Project as complete; and authorize final payment to be made 5 -0 in accordance with the contract documents, subject to a retention of $24,783.85. 6.o. Authorize the City Manager to enter into a ten (10) year contract with the cities Approved of Glendale, Pasadena and Burbank ( "Verdugo Cities" or `Verdugo'O in the 5 -0 amount of $172,780 for.the fiscal year 2004 -2005 for fire dispatch services, subject to review and approval by the City Attorney. 6.p. Authorize the City Manager to renew the Professional Services Agreement with Approved Joe. A. Gonsalves & Son in the amount of $36,000 for legislative advocacy 5 -0 services for the period September 2004 through September 2005. 6.q. Establish a wholesale price of $15.00 for Visions of Arcadia and authorize staff to Approved sell the books at this price to local bookstores and the Arboretum gift shop. 5 -0 7.a. CITY MANAGER: Requesting waiver of the formal bid process and authorization for the City Approved Manager to enter into a contract with Meggitt Defense Systems Casewell for 5 -0 range construction in the amount of $433,942.66, with an additional allocation of $23,802 for engineering review, building contingency, and General Services Administration contract participation fees from Asset Seizure Funds. 7.b. Recommending the Gonzalez Goodale Architects be retained to proceed to the next phase of the design process which includes the preparation of a spatial Approved analysis and schematic design for the Civic Center Plaza. 5 -0 Page 2of2 CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, SEPTEMBER 21, 2004 MINUTES Audio and video tape copies of the City Council /Redevelopment Agency proceedings are on file in the office of the City Clerk ROLL CALL PUBLICOOM EN'F L a. REQ'XWENE REGULAR MEETING INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 2. 46:0147 The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, September 21, 2004, 6:00 p.m. in the Council Chamber Conference Room pursuant to the previously adjourned Regular Meeting. PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. TIME RESERVED FOR AUDIENCE PARTICIPATION CLOSED SESSION Pursuant to Government,Code 54956.9 to confer with legal counsel regarding potential litigation — one (1) case. The Regular Meeting of the City Council and Arcadia Redevelopment Agency was reconvened in the City Council Chamber at 7:10 p.m. Pastor Gerry Wilson, Arcadia Friends Community Church Gail Jensen PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, noted there was no reportable action taken by the City Council during Closed Session. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. MOTION - ORD. & It was moved by Council Member Chandler and seconded by Council Member Marshall RES. READ BY TITLE carried without objection that Ordinances and Resolutions be read by title only and that ONLY the reading in full be waived. 3. PRESENTATION of a Citizen of the Month Award to °the Arcadia Teacher" Mayor Kovacic made the following remarks: "Arcadia's schools are excellent and, not coincidentally, our property values are high. There is a direct correlation between the quality of a community's school system and the quality of that community. As we start a new school year in Arcadia, I thought it would be appropriate to honor — as our 9/21/04 LASER IMAGED q 46:0148 collective Citizen of the Month — the over 500 hundred men and women who educate Arcadia's youth. That is why this month's Citizen of the Month is "The Arcadia Teacher." Mayor Kovacic invited Sandi McGrath, Highland Oaks Elementary School, Genna Helmberger, Dana Middle School, and Madeline Smith, Arcadia High School, to join him at the podium for the presentation. Mayor Kovacic further noted, "These three educators have a combined career of over 80 years of teaching. Although teaching is a challenging and often difficult profession, based on their youthful appearance, it is obvious that these three educators have found life in the classroom to be extremely gratifying. And they are uniquely qualified to represent "the Arcadia Teacher ". Sandi received the 2002 Arcadia Unified School District Teacher of the Year award, Madeline received the award in 2003, and Genna has been named the 2004 Teacher of the Year. In today's world of the 60- second sound byte and the pursuit of instant gratification, these ladies have continued to engage and capture the attention and imagination of their students in the pursuit of knowledge and excellence. And so do all the other teachers in Arcadia, and the administrators and staff who support their effort each and every day. The importance of a good education is never lost on our educators, but it occasionally slips beneath the notice of the students and even their parents. The task of keeping a classroom full of students challenged, interested, and engaged is daunting, but our teachers represent the best of the best when it comes to meeting our community's high expectations and educating the individuals who will be leading us in the very near future. We can never thank our teachers enough for their labors on behalf of our children. But we can support their efforts and their profession: by offering to assist in the classroom or elsewhere on campus; by providing financial support to the various school sites and the Arcadia Educational Foundation; by giving our teachers the respect and pay that their profession deserves; by encouraging our own children to join the ranks of this noble profession and become teachers. I hope this recognition of our teachers' efforts and achievements will in some small measure, signify our gratitude and the esteem in which we hold these three special teachers and their professional as a whole. It is my great pleasure and honor to present the Citizen of the Month Award to "The Arcadia Teacher." 4. PRESENTATION of a Proclamation to Assistance League of Arcadia Gail Jensen, President of the Assistance League of Arcadia, represented the organization as they were presented with a Proclamation by Mayor Kovacic. TIME RESERVED FOR AUDIENCE PARTICIPATION Dick Harris, 143 West Santa Anita Terrace, appeared to request City Council support for Proposition 63. Eleanor Hansen, 444 West Huntington Drive appeared to request City Council support for Proposition 63. Betty Harris, 143 West Santa Anita Terrace appeared to request City Council support for Proposition 63. Rainbow Yeuna, a representative of the Air Quality Management District, appeared to introduce her agency's services to the City of Arcadia. Fran Herman, Arcadia PTA President, appeared to thank the City Council for their support of Arcadia schools and students. 9/21/04 46:0149 Marita Pinkel. 2328 South Second Avenue appeared to request City Council support for Proposition 63. Melissa Ornelas, Teamsters Local 911, appeared to request City Council endorsement of Proposition 1A. Jesse Chow, 80 West Orange Grove spoke regarding an encroachment issue with Altrio Communications. City Manager to follow up on complaint. 5, MATTERS FROM ELECTED OFFICIALS COUNCIL MEMBER Council Member Marshall attended the Chamber of Commerce Taste of Arcadia event MARSHALL noting a job well done. COUNCIL MEMBER Council Member Segal noted that the Arcadia Fall Fun catalogue describes numerous SEGAL activities available for all residents; the Arcadia Educational Foundation's fundraiser event at the Westfield Mall will be held on Thursday, September 30, 2004; the new football field at Arcadia High School will be dedicated on Friday, October 1, 2004. COUNCIL MEMBER Council Member Chandler thanked the Arcadia Assistance League and Arcadia teachers. CHANDLER COUNCIL MEMBER Council Member Wuo congratulated the Arcadia Assistance League and the Arcadia WUO Teachers; he noted that the Oak Tree Racing Season will begin on Wednesday, September 29, 2004. CITY CLERK City Clerk Jim Barrows had no report. BARROWS MAYOR KOVACIC Mayor Kovacic noted several events happening at the Westfield Mall including a fundraiser for the Arcadia Educational Foundation on September 29, 2004, the grand opening of the Westfield Mall expansion on October 1, 2004, and a' fundraiser benefiting Arcadia Methodist Hospital on October 2, 2004; he also noted the ribbon cutting ceremony on Friday, September 24, 2004 for the new senior housing project. 6. CONSENT AGENDA — REDEVELOPMENT AGENCY The Consent Agenda items were read as follows by the Executive Director: a. MINUTES Request for approval of the minutes of the August 31, 2004 Adjourned Meeting and the (Redev. Agency) September 7, 2004 Regular Meeting. MOTION - CONSENT It was moved by Agency Member Chandler and seconded by Agency Member Marshall, AGENDA then carried on roll call vote to approve item 6.a. on the Arcadia Redevelopment Agency consent calendar. ROLL CALL AYES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CONSENT AGENDA — CITY COUNCIL The Consent Agenda items were read as follows by the City Manager: b. Request for approval of the minutes of the August 31, 2004 Adjourned Meeting and the September 7, 2004 Regular Meeting. 9/21/04 46:0150 C. Adopt an Ordinance of the City Council of the City of Arcadia, California, pertaining to the composition of the Business Permit and License Review .Board and the Home Occupation Board. d. Adopt 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, 2004 through June 30, 2005. e. Adopt 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, 2004 through June 30, 2005. f. Adopt a Resolution of the City Council of the City of Arcadia, California, establishing compensation and related benefits for Management and Executive Management Employees effective July 1, 2004. g. Adopt 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, 2004 through June 30, 2005. h. Adopt a Resolution of the City Council of�the City of Arcadia, California, adopting a policy for temporary event street closures. Adopt a Resolution of the City Council of the City of Arcadia, California, sustaining the Planning Commission's denial of C.U.P. 04 -005, a request to convert an existing take- out only food establishment (Celeste's Kitchen) to a restaurant use at 136 Las Tunas Drive. j. Accept a donation of $10,000 to the Arcadia Public Library from the Arcadia Public Library Foundation for online databases and library materials for children and teens. k. Accept all work performed by Tri Star Roofing for the Community Center Re -Roof project as complete; and authorize the final payment to be made in accordance with the contract documents, subject to retention of $10,617.70. I. Accept all work performed by Van Elk Ltd. For the Repair,Chantry Flats Road Retaining Wall project as complete; and authorize final payment to be made in accordance with the contract document, subject to a retention of $7,920.00. M. Authorize the City Manager to approve the purchase of brass valves, fitting and related accessories from Hughes Supply in the amount of $55,600; and waive any informalities in the bid or bidding process. n. Accept all work performed by Pavement Coatings Company for the 2003 -2004 Annual Slurry Seal Project as complete; and authorize final payment to be made in accordance with the contract documents, subject to a retention of $24,783.85. ' . o. Authorize the City Manager to enter into a ten (10) year contract with the cities of Glendale, Pasadena and Burbank ("Verdugo Cities" or 'Verdugo'� in the amount of $172,780 for the fiscal year 2004 -2005 for fire dispatch services, subject to review and approval by the City Attorney. 9/21/04 46:0151 P. Authorize the City Manager to renew the Professional Services Agreement with Joe A. Gonsalves & Son in the amount of $36,000 for legislative advocacy services for the period September 2004 through September 2005. q. Establish a wholesale price of $15:00 for Visions of Arcadia and authorize staff to sell the books at this price to local bookstores and the Arboretum gift shop. MOTION It was moved by Council Member Chandler and seconded by Council Member Marshall, CONSENT AGENDA then carried on roll call vote to approve items 6. b through 6. q. on the City Council consent calendar. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CITY MANAGER a. Mr. Kelly presented the facts of the staff report; he noted that the new Police Department construction project included building a facility to house a new firearms range; staff is requesting waiver of the formal bid process and authorization for the City Manager to enter into a contract with Meggitt Defense Systems Casewell for range construction in the amount of $433,942.66, with an additional allocation of $23,802 for engineering review, building contingency, and General Services Administration contract participation fees. MOTION A motion was made by Council Member Chandler and seconded by Council Member Segal to waive the formal bid process and authorize the City Manager to enter into a contract with Meggitt Defense Systems Casewell for range construction in the amount of $433,942.66, with an additional allocation of $23,702 for engineering review, building contingency, and General Services Administration contract participation fees from Asset Seizure Funds. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None b. Mr. Kelly presented the staff report; he noted that the City has been studying various alternatives for addressing the deficiencies of the Civic Center area including City Hall and the overall site layout; the City Council directed staff to proceed with the proposal to construct a new City Hall on the west side of the property and construct a new multi - purpose facility where City Hall currently sits; staff is recommending the Gonzalez Goodale Architects be retained to proceed to the next phase of the design process which includes the preparation of a spatial analysis and schematic design for the Civic Center Plaza In response to a question from Mayor Kovacic, Mr. Kelly noted that tonight's item will produce a spatial analysis and cost estimates for the project. The City Council should expect to see refined floor plans and a cost estimate sometime in the Spring. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal to authorize the City Manager to enter into a Professional Services Agreement with Gonzalez Goodale Architects to provide architectural services for the Civic Center Plaza. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 9/21/04 46:0152 ADJOURNMENT Noting no additional business, at 8:11 p.m. the City Council /Redevelopment Agency (to October 5, 2004, adjourned its Regular Meeting in memory of Ann Pedrotti to October 5, 2004 at 6.00 6:00 p.m.) p.m. in the Council Chamber for the Council's next Regular Meeting. by: James Barrows, City Clerk Vida Tolman, Chief Deputy City Clerk 9/21/04 Date: September 7, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY P, SUBJECT: ORDINANCE NO. 2197 PERTAINING TO THE COMPOSITION OF THE BUSINESS PERMIT AND LICENSE REVIEW BOARD AND THE HOME OCCUPATION BOARD BACKGROUD From time to time, the City Attorney and City staff review the City's ordinances to determine whether the composition of various City boards comprised of City staff is appropriate for the City's current needs and objectives. 'In conducting such a review, the City Attorney and City staff have determined that it is appropriate to is recommend new membership for two (2) boards comprised of City staff: (1) the Home Occupation Board and (2) the Business Permit and License Review Board. The Home Occupation Board hears appeals from the joint decision of the Development Services and Fire Departments regarding issuance or revocation of home occupation permits. The Business Permit and License Review Board hears appeals from the decision of the City's License Officer concerning issuance or revocation of business licenses including, without limitation, adult business licenses. The Home Occupation Board is currently comprised of (1) the. Chief Building Official or his designated deputy, (2) the Finance Director or his designated deputy and (3) the City Manager or his designated deputy. It is recommended that the composition of the Home Occupation Board be changed to (1) the Chief of Police or his/her designee deputy, (2) the Administrative Services Director or his/her designee and (3) the Public Works Services Director or his/her designee. It is also recommended that the Chairperson of the Home Occupation Board be the Administrative Services Director or his/her. designee, and that the Development Services Director or his/her designee serve as . the Secretary to the Home • 1 LASER IMAGED 3 P 0 Occupation Board, in lieu of the Chief Building Official, as currently set forth in the Arcadia Municipal Code. The Business Permit and License Review Board is currently comprised of (1) the City Manager or his/her designee, (2) the Development Services Director or his/her designee and (3) the Administrative Services Director or his/her designee. It is recommended that the composition be changed to (1) the Fire Chief or his/her designee, (2) the Public Works Services Director or his/her designee, and (3) the Administrative Services Director or his/her designee. In addition, it is. recommended that the Chairperson of the Business Permit and License Review Board be the Administrative Services Director or his/her designee and that the Development Services Director or his/her designee shall serve as the Secretary to the Board. These changes are recommended in order bring the membership of each Board more in line with the goals and objectives of each Board's responsibilities. Furthermore, the City Attorney and City staff believe that changing the • composition of each Board will better enable the City Manager to oversee "the manner in which each Board fulfills its responsibilities, as well as oversee the City's activities which may lead to appeals to each of the Boards, without having to then rule upon appeals as a member of each Board. 0 FISCAL IMPACT The adoption of the proposed Ordinance will have no material fiscal impact upon the City. ENVIRONMENTAL IMPACT This is not a project pursuant to the California Environmental Quality Act and, thus, no environmental analysis is required. 2 RECOMMENDATION That the City Council introduce Ordinance No. 2197 pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board. CONCUR: William R Kelly City Manager Attachment`: Ordinance No. 2197. • 0 3 ORDINANCE NO. 2197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PERTAINING TO THE COMPOSITION OF THE BUSINESS PERMIT AND LICENSE REVIEW BOARD AND THE HOME OCCUPATION BOARD THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 615 land 6152 of the Arcadia Municipal Code pertaining to the Business Permit and License Review Board are hereby amended to read in their entirety as follows: "6151. MEMBERSHIP. The Board shall be composed of the following persons: 1. The Fire Chief or his/her designee. 2. The Administrative Services Director or his /her designee. 3. The Public Works Services Director or his/her designee. The Chairperson of the Board shall be the Administrative Services Director or his/her designee. The Development Services Director or his/her designee shall serve as the Secretary to the Board. 6152. MEETINGS. The Board shall meet at such times, dates and-in such places as shall be designated by the Chairperson of the Board, or his/her designee. The Chairperson of the Board, or his /her designee, shall give written notice of each such meeting called to the other members of the Board not less than twenty -four 1 LASER IMAGED 4e (24) hours before the time specified for the proposed meeting, unless an emergency requires shorter notice as permitted by the Ralph M. Brown Act of the State of California or its successor statute. Attendance of members at such meeting shall be deemed to constitute waiver of the requirement of written notice for such members." SECTION 2. Sections 9285.12.1 and 9258.12.1.1 of the Arcadia Municipal Code pertaining to the Home Occupation Board are hereby amended to read in their entirety as follows: "9285.12.1. SAME. CREATION. There is hereby created a Home Occupation Board composed of the following persons: 1. The Chief of Police or his/her designee. 2. The Administrative Services Director or his/her designee. 3. The Public Works Services Director or his/her designee. The Chairperson of the Home Occupation Board shall be the Administrative Services Director or his/her designee. The Development Services Director or his/her designee shall serve as the Secretary to the Home Occupation Board. 9285.12.1.1. SAME. SAME. MEETINGS. The Home Occupation Board shall meet at such times, dates and in such places as shall be designated by the Chairperson or his/her designee. The Chairperson of the Home Occupation Board, or his/her designee, shall give written notice of each such meeting called to the P other members of the Home Occupation Board not less than twenty-four (24) hours before the time specified for the proposed meeting, unless an emergency requires shorter notice as permitted by the Ralph M. Brown Act of the State of California or its successor statute. Attendance of members at such meeting shall be deemed to constitute waiver of the requirement of written notice for such members." SECTION 3. The City Cleric shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (315`) day following its adoption. Passed, approved and adopted this 21st day of September , 2004. ATTEST: /SI JAMES H. BARROWS City Clerk APPROVED AS TO FORM: City Attorney 3 Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2197 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None M IS/ JAMES He BARROWS City Clerk of the City of Arcadia • A AD 0 OR•T 9 ° STAFF REPORT Administrative Services Department DATE: September 21, 2004 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directole By: Michael A. Casalou, Senior Management Analyst 11;f<— SUBJECT: Resolution No. 6442 Establishing Compensation And Related Benefits For Employees Represented By The Arcadia Firefighters' Association (AFFA) For July 1, 2004 Through June 30, 2005 Recommendation: Adopt SUMMARY Resolution No. 6442 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 three new no to low cost 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, 2004 through June 30, 2005. The conditions of the agreement were approved by the AFFA on August 13, 2004. Effective July 1, 2004, the City will regard sick leave as hours worked for purposes of overtime calculations for represented employees with 25 years or more of continuous service with the City of Arcadia (currently provided at 28 years). LASER IMAGED Mayor and City Council September 21, 2004 Page 2 Effective July 1, 2004, the City will provide eight hours of floating holiday or an equivalent benefit. Effective July 1, 2004, represented employees shall. receive a 6 -hour minimum when working movie details. FISCAL IMPACT Sufficient funds are available in the fiscal year 2004 -05 budget to implement any nominal costs incurred as a result of the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6442, 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, 2004 through June 30, 2005. Approved: William R. Kelly, City Manager • • • RESOLUTION NO. 6442 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, 2004 THROUGH JUNE 30,2005 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, 2004, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by AFFA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of September , 2004. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: & P. b-� City Attorney 4Zp STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6442 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 4 City Clerk of the City of Arcadia 1 CITY OF ARCADIA WI, ARCADIA FIREFIGHTERS' ASSOCIATION City of Arcadia MEMORANDUM OF UNDERSTANDING JULY 13 2004 - JUNE 30, 2005 TABLE OF CONTENTS Article I Parties and Recognition 1 Appropriate Unit 1 Mutual Recommendation 1 Article II Term 2 Maintenance of Benefits 2 Savings Clause 2 State and Federal Laws 2 Article III Association Rights • Right to Join 3 • Use of Bulletin Boards 3 • Payroll Deduction 3 • Access to Facilities 3-4 • Reasonable Notice 4 Article IV Management Rights 5 Article V Compensation 6 -8 • General Compensation 6 • Promotion or Advancement 6 • Educational Incentive Compensation 7 • Step Increase Percentages 7 • Fire Prevention Bureau 8 • Truck Company Captain 8 • Administrative Captain Compensation 8 • Movie Detail 8 Article VI Overtime 9 • Fair Labor Standards Act 9 • Minimum Credit and Emergency Recall 9 • Shift Exchanges 9 Article VII Stability Pay 10 Article VIII Retirement 11 Article IX Health, Dental and Life Insurance 12 -13 • Retiree Health Insurance 13 -14 Article X Disability Income Insurance 15 I TABLE OF CONTENTS Article XI Uniforms 16 Article XII Tuition Reimbursement 17 Article XIII, 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 XVII Response Time 28 Article XVIII Employee Grievances 29 -36 • Definitions 29 • Timeliness 30 • Employee Representation 30 • Informal Grievance Procedure 30 • Formal Grievance Procedure 30 -31 • 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 9 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, 2004 and ending June 30, 2005. 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 alternative right of employees to refuse to join or participate in employee organization activities. Section B. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization and 2. The Association will not post information which is defamatory, derogatory or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. Section C'. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as voluntarily authorized in writing by the employee on the City form subject to the following conditions: 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. 3 ARTICLE ❑I (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: 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. 9 ARTICLE N . 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. 5 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. 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. 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. t ARTICLE V (continued) Section C.. EDUCATIONAL INCENTIVE COMPENSATION Qualified employees who possess an Associate of Arts degree, shall receive an additional 2.5% as their regular salary. Employees who possess a Bachelor of Arts or Science degree shall receive an additional 5% as their regular salary. 2. Employees shall qualify for the Education Incentive Compensation increases when they have been awarded a degree in a field closely related to their job duties. Typical fields of specialization include Fire Science, Fire Administration, Management, Business Administration, Psychology, Sociology, Nursing, Allied Health, Emergency Medical Services, and Public Administration. Other areas of specialization will be considered when they are of direct benefit to the City with the approval of the Fire Chief and Human Resources 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 demonstrates that qualified units were achieved or the notation of the degree received. The copy of the transcript will become part of the individual's personnel file. Section D. STEP INCREASE PERCENTAGES The parties acknowledge that the percentages between steps shall be as close to 2.5% as the payroll computer's capability allows. VA 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 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. Section G. 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 Captain with an Associate Degree or equivalent, assigned by the Chief to be an Administrative Captain 'shall receive $255 per pay period in addition to his base salary during the period of the assignment as the Administrative Captain. Section H. MOVIE DETAIL Effective July 1, 2004, employees represented by this agreement shall receive a flat fee of $45.00 per hour, with a six (6) hour minimum 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 25 years of service or more with the City of Arcadia. No overtime credit shall be allowed for any period less than one - quarter hour. Section C. MINIMUM CREDIT AND EMERGENCY RECALL No overtime credit shall be. allowed for any period less than one - quarter hour, provided that an employee who is recalled to work after completing a day's work, including any overtime, shall receive a minimum credit of one hour at time and one -half at his hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of two 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. 9 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 earnable as Employer Paid Member Contributions (EPMC) and report the same percent (value) of compensation earnable 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 1month. 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 (confinued) 5. . The City shall provide each paying the premium in the fis Vision Service Plan, option B. of the family plan. Section B. RETIREE HEALTH INSURANCE employee with a vision plan, with the City :al year 2004 -2005. This vision plan will be The City will pay the premium up to the cost 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 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 CaIPERS 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 ARTICLEX 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 X/ 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 wom 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. IVA ARTICLE XIII 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. M ARTICLE X111 (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, it 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 XIII (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 retuming 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 a 24 hour shift schedule in the classification of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period. of employment, at the rate of 7.384 hours per pay period during the first five years of continuous full time employment with the City (8.0 shifts per year); at the rate of 8.307 hours per pay period between the employee's fifth and tenth anniversary date of continuous full -time employment; at the rate of 10.153 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full time employment; and at the rate of 1.1.076 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) 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 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 Xlll (continued) Sworn employees may accumulate up to a maximum of 2,100 hours of sick leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or one half (1/2) shift. 2. Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non- working hours. 3. Sick leave may be used by an employee, when their attendance upon a member of the employee's family dependent who is seriously ill and requiring the care and attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependents medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non - working hours. 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 X111 (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 XIII (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 Years 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, Effective July 1, 2004, the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed 8 hours of floating holiday that must be used during that fiscal year as time off and not in the form of cash. 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. 24 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 ARTICLEXV 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. 27 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 swom 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. M3 ARTICLE XVIII Section A. DEFINITIONS EMPLOYEE GRIEVANCES 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. 29 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 1. 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. c ARTICLE "III (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 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. 32 ARTICLE XVIII (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. 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. 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. 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 XVlll (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. 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. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 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 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. 0 ARTICLE XVIII (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. 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 summarilyor 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 XVIII (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 its 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. 36 ARTICLEXDC 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 day of September, 2004 . ARCADIA FIREFIGHTERS` CITY OF ARCADIA ASSOCIATION Kevin Valentine President 37 MHO"�' William R. Kelly City Manager 2004 BARGAINING TEAMS AFFA WAGE NEGOTIATING TEAM Mike Lang, Fire Captain John Twitchell, Fire Engineer Dave Franta, Fire Captain CITY REPRESENTATIVES Don Shawver, Division Chief Michael A. Casalou, Senior Management Analyst Maria Aquino, Management Analyst William W. Floyd, Jr., Attorney '4n; 0 i • STAFF REPORT ~OORPORATSO ��eo Administrative Services Department DATE: September 21, 2004 TO: Mayor and City Council FROM: Tracey L. Hause; Administrative Services Director By: Michael A. Casalou; Senior Management Analyst TYh4Z_/ SUBJECT: Resolution No. 6443 establishing compensation and related benefits for Confidential, Supervisory, Professional and General employees represented by Teamsters Local 911 for July 1, 2004 through June 30, 2005 Recommendation: Adopt SUMMARY Resolution No. 6443 establishes terms of employment and compensation for Confidential, Supervisory, Professional and General employees represented by Teamsters Local 911. Pursuant to the M eye rs- M ilia s -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 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 items of low to no cost 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, 2004 through June 30, 2005. The conditions of the agreement were approved by Teamsters Local 911 on August 18, 2004. Effective July 1, 2004, represented employees shall be permitted to accumulate 100 hours of compensatory time (the current limit is 60 hours). LASr-R IM;'GE:D 6e. Mayor and City Council September 21, 2004 Page 2 of 2 Effective July 11,. 2004, represented employees who work an alternative work schedule shall receive one (1) extra hour of holiday pay for those holidays that fall on a scheduled work day of nine (9) hours or more. FISCAL IMPACT Sufficient funds are available in the fiscal year 2004 -05 budget to implement any nominal costs incurred as a result of the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6443, 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, 2004 through June 30, 2005. APPROVED: U' William R. Kelly, City Manager n U 0 r1 U RESOLUTION NO. 6443 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, 2004 THROUGH JUNE 30, 2005 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, 2004, 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 21st day of September. , 2004. ATTEST: ISLJAMES H. BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney # ,F tip e f Mayor of the City of Arcadia LASER INIAGIC"D Hof -�1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6443 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Cleric at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit:. AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None -ABSENT: None 2 J� ,s1 JAMES H. RARR 1441S City Clerk of the City of Arcadia CITY OF ARCADIA AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911, (CON FI DENTIAUSUP E RVISO RY/PRO FESSIONAL UNIT AND GENERAL EMPLOYEE UNIT) City of Arcadia MEMORANDUM OF UNDERSTANDING JULY 1, 2004THROUGH JUNE 30, 2005 TABLE OF CONTENTS Article XIII Uniforms Pace 1 2 2 3 3 6 -11 6 -8 8 -9 9 9 9 -10 10 -11 11 11 12 13 13 -14 15 15 15 -16 16 `rA 18 19 20 -22 22 23 24 25 -26 Preamble Article I Parties and Recognition Appropriate Unit Mutual Recommendation and Implementation Authorized Agents Article II Term Savings Clause No Strike Clause Article III Union "Rights A. Agency Shop B. Right To Join B. Use of Bulletin Boards C. Payroll Deduction D. Access to Facilities E. Union Stewards F. Reasonable Notice G. List of Names Article IV Management Rights Article V Compensation Promotion or Advancement Article VI Hours Overtime (FLSA) Rest Periods Work Schedule 4 Article VII Stability Pay Article VIII' Tuition Reimbursement Article IX Mileage Reimbursement Article X Health, Dental and Life Insurance Retired Health Insurance Article XI Disability Income Insurance Article XI Medical Examinations Article XIII Uniforms Pace 1 2 2 3 3 6 -11 6 -8 8 -9 9 9 9 -10 10 -11 11 11 12 13 13 -14 15 15 15 -16 16 `rA 18 19 20 -22 22 23 24 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 Agree ment/Negotiation Teams 54 -55 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 /Supervisor Accounting Specialist Administrative Assistant — H.R. Assistant Engineer Assistant Planner Associate Civil Engineer Associate Planner Deputy City Clerk Deputy Fire Marshal Executive Assistant Human Resources Technician /Professional Unit Legal Coordinator Librarian Principal Librarian Redevelopment Project Analyst Revenue Collection Specialist Senior Library Technician Senior Police Records Technician Senior Combination Inspector Senior Planner Video Technician /Office Assistant General Employee Unit Accounting Technician I & II Administrative Assistant Building Technician I & II Business License Officer Circulation Services Supervisor Code Services Officer Combination Inspector Communications Specialist Community Services Officer Communications & Marketing Specialist I & Computer Support Specialist Custodian Dispatcher I & II Engineering Aide Engineering Assistant Evidence Technician Fire Administrative Specialist Fire Inspector Historical Museum Education Coordinator K Historical Museum Curator Info and Referral Coordinator Information Systems Specialist Library Technician I & II Logistical Services Officer Office Assistant Police Communications & Information Systems Specialist Police Records Technician I & II Public Works Inspector Public Works Technician Recreation Coordinator Senior Accounting Technician Senior Administrative Assistant Senior Engineering Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist ARTICLE! (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 3888 Cherry Avenue, Long Beach, California, 90807. 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 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 of the City Council effective July 1, 2004 and ending June 30, 2005. 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 Cl ARTICLE D (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. t.7 ARTICLE III 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 payer's 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 A 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 Assionment 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. Relioious 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 N (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 Aoreement 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. 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. 0 ARTICLE 111 (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: 1. Such deduction shall be made only upon submission of deduction form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any `new, changed or discontinued deduction until the pay period commencing fifteen 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. 9 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: 1. 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 1. Three (3) stewards who are authorized to represent the Confidential /Supervisory/Professional' employees and the four (4) stewards who are authorized to represent the General employee bargaining unit shall be selected in such manner as the Union may determine. The Union shall notify the employer in writing of the names of the seven (7) stewards. 2. The three (3) stewards who are authorized to represent the Confidential /Supervisory/Professional employees and the four (4) stewards who are authorized to represent the General employee bargaining unit shall 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: we, SectionG. Section H ARTICLE III (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 Resou and Union Business Agent to resolve bargaining. rces Manager, or designee, problems within the scope of 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. 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. 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 1V MANAGEMENT RIGHTS Section A. Except as limited by the specific and express terms of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Charter of the City of Arcadia and /or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out, the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to subcontract unit work. iE 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 earnable 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 PERS 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. Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than an approximate 5% increase in compensation unless the top step in such range provides less than that 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 iL ARTICLE V (continued) Salary step advancements may be withheld or delayed by the appointing authority 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 V1 HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform essential work, a department administrator may require an employee(s) to work at any time other than during regular working hours until such work is completed: Represented employees required to be in a work status beyond forty (40) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one -half times the employee's regular hourly rate. For purposes of overtime calculation, paid sick leave when accompanied by a doctor's slip verifying illness and all other paid leave time shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one - quarter hour. Overtime shall be rounded to the nearest one - quarter hour. When a represented employee is directed by his /her department administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a designated work week, the employee shall be paid at the rate of time and one -half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. An employee. who has accrued compensatory time and requested use of accrued compensatory time, shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operation of the City. An employee's request to use compensatory time shall not be denied on the basis that it would require the payment of overtime to the replacement employee. The.City will assist employees by posting the opportunity, however, it is the responsibility of the employee to find coverage. Section B. REST PERIODS Represented employees, except Dispatcher I's and Dispatcher II's, shall receive for each eight (8) or nine (9) hour shift worked, at the discretion of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid -point of each one -half shift. Office personnel shall not leave City property during break periods, and field personnel shall take breaks at the work site. Employees in transit between work sites may take their rest period at a location between-the normal route of work locations. Rest periods are for the good of the 15 ARTICLE VI (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 (5140, 9180, 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 employee's performance issues, or employee training. 16 ARTICLE Vll 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. TWA ARTICLE Vlll 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. in 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. M 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. 5. The .City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2004 -2005. 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: 1. CalPERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance — mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optional Benefits The City shall contribute $268.30 per month per eligible employee toward an optional benefits plan. 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 ARTICLE X (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 2004 -2005. 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 City's 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 CaIPERS 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 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. 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 an employee who works at least 30 hours per week, during the life of the agreement. 23 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. 24 ARTICLE X111 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 Services 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 /II (2) ■ All other employees represented by this MOU shall receive one (1) Polo shirt yearly. Section B. Upon termination of employment the employee shall turn in all uniforms issued or shall have 'a dollar amount equal to the lost uniform cost deducted from the employee's final.check. 25 ARTICLEXII! (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 Services Officer, Custodian, Fire Inspector, and Public Works Inspector. The City shall designate safety shoe standards for the above classifications. A purchase order, not to exceed the maximum fiscal year amount referred to above, shall be provided upon the employee's request: Once the employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limited to City work hours. 26 ARTICLE XIV LEAVES OF ABSENCE Section A. NON - MEDICAL LEAVES WITHOUT PAY Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence without pay subject to the following restrictions: 1. Length - leave of absence without pay maybe 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 ARTICLEXIV (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 ARTICLEXIV (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; 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 Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. 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 29 ARTICLEXIV (continued) in rates that occurs while the employee is on leave. If an employee fails to return to work after hislher leave entitlement has been exhausted or expires, the City, of Arcadia shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City of Arcadia shall have the right to recover premiums through deduction from any sums due the City of Arcadia (e.g. unpaid wages, vacation pay, etc.) f. If an employee requests leave for any reason permitted under this policy, he /she must exhaust all accrued leaves (except sick leave) in connection with the leave. An employee may elect to exhaust part or all of the employee's sick leave while on an approved Family Medical Leave to care for a child, parent or spouse. The exhaustion of accrued leave, and sick leave if any is used, will run concurrently with the leave under this policy. If an employee requests leave for his /her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. g. Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his /her position. If the City of Arcadia has reason to doubt the validity of a certification, the City may require another medical opinion at the City's expense. When the second opinion differs from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, at the City's expense. The opinion of the third provider will be binding. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary' means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. 30 ARTICLE XIV (continued) h. Although the City of Arcadia recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he /she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his /her supervisor as soon as possible that such leave will be needed. If the City of Arcadia determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City of Arcadia may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. i. Upon expiration of leave, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position.. As a condition of restoration of an employee whose leave was due to� the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness- for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of restoration. Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. To be eligible for paid leave for 30 calendar days of active military training, an employee must have been employed by the City for a period of not less than one year immediately prior to the day on which the leave of absence begins. If the employee. has not been employed for a period of one year, the leave shall be granted without pay. Pay shall not exceed 30 calendar days in any one 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 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. 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 services officer work sections, excluding supervisory and management employees, shall be determined by seniority within each work section, provided that the employee's vacation request is made within one month prior to the applicable master vacation schedule. Requests made during the applicable period of the master vacation schedule will be considered on a first come, first served basis. 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 Year's 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 6. For full -time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been scheduled to work 9 or more hours, the employee may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up any difference between the provided nine hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to work ten (10) hours, the employee shall receive nine (9) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 7. For full -time employees assigned to an alternate work week, if a holiday falls on a Friday that City Hall is closed under the 9180 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 occu rs. 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 work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service more than two (2) hours prior to the end of the normal work schedule, an employee shall report as soon as practical to full duty. Section L 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 1. Industrial accident leave shall be granted only to employees with three or more full years of continuous service with the City. 99 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 XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work -test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a, permanent position shall be on probation for twelve (12) months before attaining permanent status. For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and Police Records Technician 1 /11 and Senior Police Records Technician the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position, shall be eighteen (18) months. Eligible candidates appointed from a promotional list to these classifications, (except Dispatcher I promoting to a Dispatcher 11) shall be on probation twelve (12) months before attaining permanent status. A Dispatcher I who has successfully completed probation and is appointed from a promotional list to Dispatcher 11 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. MI ARTICLEXVI SPECIAL PAY Section A. ACTING PAY Any employee in the unit who is required, in writing, to work five (5) consecutive working days or longer in a higher classification which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day of the assignment: 1. five (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, Services 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. 39 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. Ell Section C. DEFINITIONS 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 if 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. FF 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. Wj ARTICLE XIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS 1. Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and /or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and /or Department Personnel Rules and Regulations. 3. Department Head The department head or designee 4. Work day A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City /Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and /or City /Department Personnel Rules and Regulations are gnevable. 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 1. 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. LL'! ARTICLEXIX (continued) 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. 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. 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 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. EN 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 ARTlCLEXlX (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 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: au- "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 party. b. The grievant (employee) shall be permitted to make an opening statement. C. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his /her evidence. e. The respondent may then offer its evidence. The grievant followed by the respondent may offer rebutting evidence. 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. .. ARTICLEXIX (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. 50 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 DISCIPLINARY ACTIONS 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 ARTICLE XX (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 ARTICLE XXI 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 day of September, 2004. Teamsters Local 911 CITY OF ARCADIA 4 a��� ssa Omelas William R. Kelly iness Representative City Manager 54 2004 Bargaining Unit Teamsters Negotiating Team Lorie Cornelius, Steward' Patty Harper, Steward Mark Rynkiewicz, Steward Mark Ornelas, Steward Janet Mallen, Steward Silva Vergel, Steward Cara Wilhelm, Steward Melissa Ornelas, Teamsters Business Representative City of Arcadia Representatives Michael A. Casalou, Senior Management Analyst Janice Cumming, Police Records Manager Brian Saeki, Management Analyst Robert Sanderson, Police Captain William W. Floyd, Jr., Attorney 55 STAFF REPORT Administrative Services Department t DATE: September 21, 2004 TO: Mayor and City Council ((�� FROM: Tracey L. Hause, Administrative Services Director , Prepared by: Michael A. Casalou, Senior Management Analyst �C SUBJECT: Resolution No. 6444 establishing compensation and related benefits for executive management and management employees for July 1, 2004 through June 30, 2005 Recommendation: Adopt, • SUMMARY It is recommended that the City Council adopt Resolution No. 6444 establishing terms of employment and compensation for executive management and management employees. • DISCUSSION The issues for compensation and benefits are outlined in Resolution No. 6444 with an effective date of July 1, 2004. Changes to the terms and conditions of employment include: 1. Executive Management and Management employees who are assigned to an alternate work schedule shall receive one (1) extra hour of holiday for any holiday that falls on a scheduled work day of nine (9) hours or more. For example, if a holiday falls on a day that an Executive Management or Management employee is scheduled to work nine (9) hours, the employee shall receive nine (9) hours of holiday pay. 2. Police Lieutenants and Police Captains shall receive a check in the amount of $350.00 for the purchase of safety equipment in lieu of being reimbursed for these items. LASER IMAGED Mayor and City Council September 21, 2004 Page 2 of 2 • FISCAL IMPACT Sufficient funds are available in the fiscal year 2004 -05 budget to implement any nominal costs incurred as a result of these changes. RECOMMENDATION Adopt Resolution No. 6444 of the City Council of the City of Arcadia, California establishing compensation and related benefits for executive management and management employees effective July 1, 2004. APPROVED: � William R. Kelly, City Manager • n U RESOLUTION NO. 6444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR MANAGEMENT AND EXECUTIVE MANAGEMENT EMPLOYEES EFFECTIVE JULY 1, 2004 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Section 25 of Resolution No. 5608 is amended to read," (f) Management and Executive Management employees who are assigned to an alternate work schedule, shall receive one (1) extra hour of holiday for any holiday that falls on a scheduled work day of nine (9) hours or more." For example, if a holiday falls on a day that an Executive Management or Management employee is scheduled to work nine (9) hours, the employee shall receive nine (9) hours of holiday pay. SECTION 2. Pursuant to Section 36 of Fringe Benefit Resolution No. 5608, Police Lieutenants and Police Captains shall receive a check in the amount of $350.00 for the purchase of safety equipment in lieu of being reimbursed for these items. SECTION 3. The Administrative Services Director shall include all revisions to the Fringe Benefit Resolution No. 5608 that are made by this Resolution No. 6444 and shall provide for the original to be kept in the Office of the City Clerk with copies to all departments. LASER IMAGED 3f SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21 st of September 2004. Mayor of the City of Arcadia ATTEST: /$6 JAMES H. BARROWS_ City Clerk of the City of Arcadia APPROVED AS TO F04TI: '� City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6444 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None IS/ JADES H. BARROWS City Clerk of the City of Arcadia A STAFF REPORT Administrative Services Department DATE: September 21, 2004 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo Prepared by: Michael A. Casalou, Senior Managemen Analyst SUBJECT: Resolution No. 6445 establishing compensation and related benefits for Public Works employees represented by Teamsters Local 911 for July 1, 2004 through June 30, 2005 Recommendation: Adopt • SUMMARY Resolution No. 6445 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 two (2) new low to no cost 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, 2004 through June 30, 2005. The Teamsters approved the conditions of the agreement on September 8, 2004. Effective July 1, 2004, represented employees shall be permitted to accumulate 100 hours of compensatory time (the current limit is 60 hours). Effective July 1; 2004, represented employees who work an alternative work schedule shall receive one (1) extra hour of holiday pay for those holidays that fall on a scheduled work day of nine (9) hours or more. LASER IMAGED Mayor and City Council September 21, 2004 Page 2 of 2 0 FISCAL IMPACT Sufficient funds are available in the fiscal year 2004 -05 budget to implement any nominal costs incurred as a result of the Memorandum of Understanding. RECOMMENDATION Adopt Resolution No. 6445, 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, 2004 through June 30, 2005 Approved: =—= —� William R. Kelly, City Manager TLH:mc i C� RESOLUTION NO. 6445 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, 2004 THROUGH JUNE 30, 2005 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, 2004, 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 Cleric shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of September ,2004. ATTEST: /S/ JAMES H. BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney Mayor of the City of Arcadia LASER IMAGED c�SP. 1: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6445 was passed and adopted by the,City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 2 JAMES H. BARROWS City Clerk of the City of Arcadia CITY OF ARCADIA AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911 (PUBLIC WORKS EMPLOYEE UNIT) City of Arcadia MEMORANDUM OF UNDERSTANDING JULY 1, 2004 THROUGH JUNE 30, 2005 r Preamble Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII TABLE OF CONTENTS Parties and Recognition Appropriate Unit Mutual Recommendation Authorized Agents Term Savings Clause Union Rights • Agency Shop • Right To Join • Use of Bulletin Boards Payroll Deduction • Access to Facilities • Union Stewards • Reasonable Notice Management Rights Compensation • Promotion or Advancement • Special Assignment Pay Overtime (FLSA) Stability Pay Tuition Reimbursement Mileage Reimbursement Health, Dental and Life Insurance Retired Health Insurance Disability Income Insurance Medical Examinations. Pace 1 2 2 2 2 -3 4 4 5 -8 5-(0 7 7 7 7 -8 8 8 9 10 10 10 11 12 13 14 15 -16 16 17 18 TABLE OF CONTENTS Page 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 • Bereavement Leave 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. 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, 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. OA 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 designee 3888 Cherry Avenue,Long Beach, California, 90807. 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 by the City Council, for the period July 1, 2004 through June 30, 2005. 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. 9 ARTICLE 111 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 The 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 Pay/Temporary Assignment Out of Unit Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused from paying agency shop fees or charitable contributions. Religious Exemption Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non - religious, non -labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non - labor, non - religious charitable organizations: United Way or American Red Cross. To qualify for the religious exemption the employee must provide to 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. Indemnification M 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. 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. I Section D. PAYROLL DEDUCTION The City will deduct from the pay of Union members the normal and regular monthly Union membership dues as authorized in writing by the employee on the City form subject to the following conditions: 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. Section E. ACCESS TO FACILITIES All Union business will be conducted by employees and Union representatives outside of established work hours. 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: 1. 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. Section F. 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. 0 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. ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employees' Retirement System. The City shall pay 7% of the employees' compensation earnable as Employer Paid Member Contributions and report the same percent of compensation earnable 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 one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. 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 V11 STABILITY PAY 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 of Service Amount 11 $275 12 $300 13 $325 14, $350 15 $375 Completed. Years of Service Amount 16 $400 17 $425 18 $450 19 $475 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 Vlll 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 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. Effective July 1, 2003, the City shall pay up to a maximum of $604.00 per month per employee for coverage. 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. 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 $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 (contrnueoi)l 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 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 CaIPERS Health Program as stipulated by the Health Program. 16 ARTICLE XI DISABILITY INCOME INSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per full -time employee, covered by this agreement during the life of the agreement. OVA ARTICLE X11 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. W ARTICLE X111 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 wdtten 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: 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. 99 ARTICLE X/V (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. Pal 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. 22 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. 2. 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. 5. The appointing power and City Manager may require evidence of the reason for any employee's absence caused by illness or death in the immediate family of the employee during the time for which sick leave is requested. 6. In order to be eligible for sick leave, an employee must provide at least fifteen (15) minutes advance notice of an absence. Failure to do so without good cause may result in denial of sick leave and disciplinary action. 23 ARTICLE X1V (continued) 7. 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. The appointing power and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such 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 1. Each employee in a classification represented by this MOU shall be allowed the following holidays with 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. For full -time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been scheduled to work 9 or more hours, the employee may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up any difference between the provided nine hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls 24 ARTICLE XIV (continued) on a day an employee is scheduled to work ten (10) hours, the employee shall receive nine (9) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 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. M. 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 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; 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. 27 ARTICLE XVII LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may lay off an employee in the Classified Service because of a material change in duties or organization, inclement weather, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be temporary, probationary, and then regular employees and shall be (1) based on performance and (2) in the reverse of total cumulative time served in the same class or promotional field upon the date established for the layoff to become effective. Regular full -time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than an employee holding the lower position. Section B. RE- EMPLOYMENT LIST The names of employees shall be placed upon re- employment lists in the reverse order of the layoff. Re- employment lists shall remain effective for two ,(2) years from the effective date of separation from service. Section C. SEVERANCE PAY A full -time employee whose position is abolished or vacated by a reduction in work load or lack of funds, and has at least one (1) year of consecutive full time service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1 /5th of their previous months' salary times the number of years of consecutive service, not exceeding five (5) years of service. ►17:1 ARTICLE XVIII 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. Department Head The department head or designee. Work day A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure a. The procedure is not to be used for the purpose of changing wages, hours .and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City /Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and /or City /Department Personnel Rules and Regulations are grievable. c. The procedure is. not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City /Department Personnel Rules and Regulations, a grievance may be filed. 30 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 1. 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. 31 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 Managers decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a decision. 32 ARTICLE XIX (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 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 33 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. .;M' 2 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 party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. Testimony under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth ?" 10. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: a. The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each party. b. The grievant (employee) shall be permitted to make an opening statement. 35 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. 36 ARTICLE XIX (Continued) 14. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. 15. Recommended Decision The Human Resources Commission shall render it's recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. 16. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources 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. 7CE ARTICLE XX 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) Public Works 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. 0 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 day of September, 2004, Teamsters LocaJ 911 Melissa Ornelas Business Representative 39 CITY OF ARCADIA 4. -Tex William R. Kelly City Manager NEGOTIATION TEAMS TEAMSTERS— PUBLIC WORKS UNIT Jon Shoemaker, Team Member Craig Clark, Team Member Anthony Pulido, Team Member Kevin Tobin, Team Member Melissa Ornelas, Representative CITY OF ARCADIA Michael A. Casalou, Senior Management Analyst Heather McDowell, Management Analyst Tom Tait, Field Services Manager William W. Floyd, Jr., Attorney .11 POa.TI ° STAFF REPORT Office of the City Manager DATE: September 17, 2004 TO: Mayor and City Council FROM: William R. Kelly, City Manager (1J� �t�► By: Philip A. Wray, City,Engineer Linda Garcia, Communications, Marketing and Special Projects Manage- SUBJECT: Reco SUMMARY Adopt • The City Council has previously set forth by resolution a policy by which the City Manager, or his/her designee, can approve the temporary closure of a street for neighborhood block parties. With this report, staff is recommending that the City Council adopt a similar policy relative to the temporary closure of a street for purposes of conducting larger community events. DISCUSSION On rare occasions, the City of Arcadia may wish to temporarily close a City street for the purpose of holding a special event. Examples of such events that require street closures are the Arcadia Festival of Bands, the Holiday Snow Festival and last year's NASCAR Street Fair. In order to provide a clear and efficient policy on temporary street closures, it is recommended that the City Council adopt Resolution No. 6446, which delegates to the City Manager, or his or her designee, the authority to approve or disapprove temporary street closures. Approval of a closure will be given only if the following conditions are met: 1. The event must have citywide or regional significance. 2. The street closure must not cause a significant hardship to pedestrian or vehicular traffic. 3. The temporary closure shall be for a period of less than 24 hours. 4. The event organizers shall adhere to all other ordinances, resolutions and policies of the City. LASER IMAGED Mayor and City Council - Resolution No. 6446 September 21, 2004 Page 2 Section 21101(e) of the California Vehicle Code ( "CVC") grants local jurisdictions the ability to temporarily close, by way of adopting a resolution, public streets for "...celebrations, parades, local special events and other pur'poses..." Adoption of Resolution No. 6446 would fulfill the CVC requirements in this area and at the same time provide a clear and efficient policy and process for temporary street closures. RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 6446, a resolution of the City Council of the City of Arcadia, California, adopting a policy for temporary event street closures. Attachment: Resolution No. 6446 1 �_. .:I.t( f��i !✓i 11 • 0 r 7 , RESOLUTION NO. 6446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADOPTING A POLICY FOR TEMPORARY EVENT STREET CLOSURES WHEREAS from time to time the City of Arcadia desires to hold, or receives requests for permission to conduct, Citywide or regionally significant temporary events in the public right -of -way; and WHEREAS, such an event sometimes requires temporary closure of a major thoroughfare or a street in a commercial district; and WHEREAS, the City Council would like to periodically permit such temporary events in the public right -of -way, subject to certain findings and/or conditions. 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 adopts as the City's policy the following procedures for regionally significant temporary event street closures. SECTION 2. The City Council hereby delegates to the City Manager, or his or her designee, the final authority to approve or disapprove temporary event street closures, subject to the following findings, requirements and conditions: 1. The event must have Citywide or regional significance. 2. The street closure for the temporary event must not cause a significant hardship to pedestrian or vehicular traffic. Alternate routes must be available for the public and for emergency vehicles. 3. The temporary closure shall be for a period of less than twenty -four hours. 4. The temporary event shall adhere to all other ordinances, resolutions and policies of the City pertaining to events in the public right -of -way or which are otherwise in effect. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. LASER IMAGED 3P Passed, Approved and adopted this 21st day of September , 2004. ATTEST: /5/ aA F-S-Ho A ��VS City Clerk of the City of Arcadia APPROVED AS TO FORM: P. Stephen P. Deitsch City Attorney -2- Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Cleric of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6446 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None -3- IS/ JAMES H. BARROWS City Cleric of the City of Arcadia U 0 September 21, 2004 TO: Mayor and City Council STAFF REPORT Development Services Department FROM: Don Pen n, Assistant Manager /Development Services Director CU—'. By: Donna Butler, Community Development Administrator SUBJECT: Resolution NO 6447 – A resolution of the City Council of the City of Arcadia California sustaining the Planning Commission's denial of C.U.P. 04 -005 a request to convert an existing take -out only food establishment (Celeste's Kitchen) to a restaurant use at 136 Las Tunas Drive Recommendation: Adopt Resolution No. 6447 BACKGROUND The City Council at its September 7, 2004 meeting voted 5 -0 to sustain the Planning Commission's denial of a conditional use permit to operate a restaurant at 136 Las Tunas Drive. Attached is City Council Resolution No. 6447: A resolution of the City Council of the City of Arcadia, California, sustaining the Planning Commission's denial of C.U.P. 04 -005, a request to convert an existing take -out only food establishment (Celeste's Kitchen) to a restaurant use at 136 Las Tunas Drive RECOMMENDATION That the City Council adopt Resolution No. 6447. APPROVED BY: y William R. Kelly, City Manager • Attachment: Resolution No. 6447 LASER IMAGED 61' - RESOLUTION NO. 6447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S DENIAL OF C.U.P. 04 -005, A REQUEST TO CONVERT AN EXISTING TAKE -OUT ONLY FOOD ESTABLISHMENT (CELESTE'S KITCHEN) TO A RESTAURANT USE AT 136 LAS TUNAS DRIVE WHEREAS, on June 30, 2004 an appeal was filed by Oscar Sierra on behalf of Celeste's Kitchen appealing the Planning Commission's 5 -0 vote to deny Conditional Use Permit 04 -005 (Resolution 1700) requesting a conditional use permit to convert an existing take -out only food establishment to a restaurant use at 136 Las Tunas Drive, more particularly described as follows: The westerly 200 feet of the easterly 582.52 feet of Lot 68 of Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California as per map recorded in Map Book 42, Page 87 in the Office of the County Recorder of said County. WHEREAS, a public hearing was held before the Planning Commission on June 8, 2004, to consider a request by the applicant to operate a restaurant at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 5 -0 to deny the conditional use permit; and WHEREAS, on June 30, 2004, the applicant appealed the Planning Commission's action; and WHEREAS, on August 10, 2004, the City Council held a public hearing on said appeal and after closing the public hearing, continued the matter for further deliberation until September 7, 2004; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Community Development Division of the Development Services Department to the City Council; L A y L � t iyi Aveu `ry 2. The record of the Planning Commission hearing regarding C.U.P. 04 -005; 3. All information and material and documentation presented as part of the public testimony at the Planning Commission public hearing including the staff report, the environmental documents (including the Negative Declaration); and 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 DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the factual data submitted by the Community Development Division in the attached report is true and correct. Section 2. The City Council finds: 1. That the granting of this Conditional Use Permit would be detrimental to the public health and welfare and injurious to the property and improvements in such zone or vicinity because the existing parking facilities are inadequate and there is inadequate on -site parking for the proposed restaurant. 2. That the use applied for at the location indicated is a proper use for which a conditional use permit is authorized as established in the zoning ordinance. The existing take -out food establishment is a legal conforming use in that a 'retail' establishment is permitted at this location; however, there is no on- site parking to accommodate the existing building and use thus making the site a legal non - conforming site. However, the conversion of the existing take -out food establishment to an eating establishment with seating for forty persons exacerbates the already substandard parking situation at this location. Based upon Arcadia Municipal Code requirements, a minimum of 17 parking spaces are required by code. The property owner has indicated a willingness to sign a covenant to allow the applicant use of eight (8) parking spaces during the evening hours and on weekends; however, this parking does not meet the necessary requirements for 17 spaces. On- street parking is available to all adjoining uses -2 6447 and cannot be considered available for meeting code requirements for purposes of this application. 3. That the site for the proposed restaurant is not adequate in size and shape to accommodate the proposed restaurant use in that there is not sufficient on site parking per Section 9269.5 et seq. of the Arcadia Municipal Code. Section 3. That for the foregoing reasons, the City Council denies the applicant's appeal and sustains the Planning Commission's denial of Conditional Use Permit 04 -005. Section 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st of September 2004. ATTEST: /S/ JAMES H, BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: C }' U bt,; Uj Stephen Deitsch City Attorney Mayor of the City of Arcadia 3 6447 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6447 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None M IS/ JAMES H. BARROWS City Clerk of the City of Arcadia GR -TS �° STAFF REPORT Library and Museum Services Department September 21, 2003 TO: Mayor and City Council FROM: Janet Sporleder, Director of Library and Museum Services SUBJECT: Acceptance: $10,000 from the Arcadia Public Library Foundation for online databases and library materials for children and teens Recommendation: Accept the donation Summary The Arcadia Public Library Foundation, as part of its ongoing mission to support the Library's goals and objectives, is donating $10,000 to the Library for online database subscriptions and additional materials for teens and children. • Discussion The Library is now offering access to a variety of online databases through the Library's website on the Internet. This allows people to access information from computers connected to the Internet that are outside as well as inside the Library, 24 hours a day, 7 days a week. The material that is offered in these databases may not otherwise be readily available, easily accessed or from reliable and credible sources on the Internet. Interest and enthusiasm for these databases has been high. The Foundation, at its meeting on August 5, 2004, voted to provide the Library with $10,000 that will be used to pay for an annual subscription to three databases for the coming year: • Infotrac General Reference Center: This database can be used to find articles from magazines, reference books, almanacs, encyclopedias, dictionaries and newspapers, many with full -text and images. It covers current events, popular culture, the arts and sciences, sports, hobbies and more. • Los Angeles Times Online: This database provides access to the full -text content of the newspaper, from 1985 to the present. • Business and Company ProFile ASAP: This database offers a comprehensive source for company data, business directory information, industry trends and business periodicals. Funds will also be used to purchase easy readers for young children and books for the teen collection. All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). LASER IMAGED Fiscal Impact The Library will experience an added $10,000 to its budget allocation. • Recommendation It is recommended that the City Council accept the donation of $10,000 to the Arcadia Public Library from the Arcadia Public Library Foundation. Approved by: A/"nr) V "_1 William R. Kelly, City Manager • 03DAMI RIG�d 0 �k- STAFF REPORT Public Works Services Department, September 21, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire for Prepared by: Gary F Lewis, General Services Ma ager Dave McVey, General Services Superintendent SUBJECT: Accept -Community Center Re -roof Recommendation: Accept all work performed by Tri Star Roofing as complete and authorize the final payment to be made in accordance with the contract documents, subject to the retention of $10,617.70 SUMMARY • On April 6, 2004, the City Council awarded a contract to Tri Star Roofing in the amount of $106,176.96 for the Community Center Re -Roof project. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total, project cost of $111,401.96. This amount reflects the original contract amount of $106,176.96 plus one (1) contract change order in the amount of $5,225.00 or percent of the original bid amount. Staff recommends that the City Council accept all work performed by Tri Star Roofing as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $10,617.70. DISCUSSION The Public Works Services Department is responsible for the maintenance of all City facilities. Due to multiple leaks and sub -roof. failure at the Community Center over the past year, it became necessary to re -roof the Community Center. The scope of the project involved the removal of existing concrete tiles and replacement of all wood sheeting displaying visible signs of water damage. Two (2) new layers of 301b. roofing felt underlayment were added to the roof and the sloped portions of the roof were retiled. The flat areas were re- roofed with rubberized cap sheets, and all • metal extrusion and skylights were resealed. The old undamaged tiles were re- installed on the roof. New tiles matching the existing roof tile were purchased by the City and installed by the contractor, which completed the tile portion of the roof. LASER IMAGED Mayor and City Council September 21, 2004 Page 2 The terms and conditions of this project have been complied with and the work has • been performed and inspected to staffs satisfaction for a total project cost of $111,401.96. Staff recommends that the City Council accept all work performed. The terms and conditions of this project have been complied with and the work has been performed and inspected to staffs satisfaction for a total project cost of $111,401.96. Staff recommends that the City Council accept all work performed by Tri Star Roofing as complete and authorize the final payment to be made in accordance with the approved contract documents, subject to retention of $1'0,617.70. FISCAL IMPACT Funds in the amount of $150,000 were budgeted in the 2003/04 Capital Improvement Program (CIP) for the Community Center Re -roof project. RECOMMENDATION 1. Accept all work performed by Tri Star Roofing for the Community Center Re- Roof project as complete. 2. Authorize the final payment to be made in accordance with the contract documents, subject to retention of $10,617.70. �Q��O • APPROVED: __'=A William R- Kelly, City Manager PM:GFL:dw • A HAT $0 ° STAFF REPORT Public Works Services Department September 21, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Gary F. Lewis, General Services Manager Mark Rynkiewicz, Associate Civil Engineer SUBJECT: Accent - Reoair Chantry Flats Road — Retaininq Wall Recommendation: Accept all work performed, by Van Elk Ltd. for the Repair Chantry Flats Road - Retaining Wall project as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $7,920.00 • SUMMARY On March 16, 2004, the City,Council awarded a contract to Van Elk Ltd. in the amount of $78,100.00 for the Repair of the - retaining wall on Chantry Flats Road. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total projecf'cost 'of $79,200.00. This amount reflects the original contract amount of $78,100.00 plus two (2) contract change orders (CCO) totaling $1,100.00 or 1.4% above the original contract amount. Staff recommends that the City Council accept all work performed by Van Elk Ltd. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $7,920.00. DISCUSSION Chantry Flats Road experienced considerable damage from excessive erosion, contributed by the Santa Anita II fire in 2000 and the Arno Fire in 2002. Major geologic, drainage, and mudflow issues resulted in damage to a portion of the roadway in the City of Arcadia. The retaining wall located along the road was severely damaged and traffic had been reduced to one lane. The road and retaining wall have been repaired and the road has been restored to two (2) lanes of traffic. The terms and conditions of this contract have been complied with and the work has • been performed to staffs satisfaction. LASER IMAGED 61. 3 P Mayor and City Council September 21, 2004 Page 2 In addition to the work originally covered by the contract, the Contractor also performed the following work.,: CCO # Description 1 Construction of a paving header board to facilitate paving and produce a clean durable finished edge. 2 Furnish and replace four additional metal rails along the barrier rail. Total Change Orders Amount $600.00 $500.00 $1,100.00 Staff recommends that the City Council accept all work performed by Van Elk Ltd. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $7,920.00. This amount reflects the original contract amount of $78,100.00.plus two (2).contract change order (CCO) for $1,100.00 or 1.4% above the original contract amount for a total contract amount of $79,200.00. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amountof$160,000 were budgeted in the 2003 -2004 Capital Improvement Program for the construction this project. RECOMMENDATION 1. Accept all work performed by Van Elk Ltd. for the Repair Chantry Flats Road - Retaining Wall project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $7,920.00. Approved by: William R. Kelly, City Manager PM:GFL.dw Attachment r� U • • • REPAIR CHANTRY FLATS ROAD - RETAINING WALL LOCATION MAP .OR.=V� ° STAFF REPORT Public Works Services Department September 21, 2004 TO:. Mayor and City Council FROM: Pat Malloy: Public Works Services Dire or Prepared by: Gary F. Lewis, General Services+ Man ger Jim Brophy, Warehouse Manager SUBJECT: Purchase of Brass Valves and Fittings Recommendation: Approve a purchase order in the amount of $55,600 to Hughes Supply for the purchase of valves, brass fittings and related accessories. SUMMARY • The City warehouse maintains an inventory of brass valves and fittings to supply the water services section with needed repair parts. To ensure brass valves, fittings and related accessories are purchased at the best price and delivered in a timely manner; staff conducted a competitive bid process for the day -to -day purchase of brass fittings and accessories_ • The City Clerk opened sealed bids on August 12, 2004. Staff has evaluated all of the bid documents and found the most responsive /responsible bidder to be Hughes Supply. Staff recommends that the City Council award a contract to Hughes Supply in the amount of $55,600 for the purchase of brass valves, fittings and related accessories for the City's water distribution system. DISCUSSION The warehouse is responsible for the purchase and distribution of all water valves, brass fittings, and other related accessories used on a daily basis by the staff and contractors responsible for the installation of these materials. It is critical that the warehouse maintain the proper on- hand-inventory levels to prevent an interruption to these vital services. Most items used in conjunction with water service needs are considered a revolving inventory item, and must be replaced to continue the smooth day -to -day operations of the water service section. LASER IMAGED 6 M Mayor and City Council September 21, 2004 Page 2 On July 6, 2004, the City received three (3) bids with only one (1) qualified bidder from • National Water Works for $253,518.72. Based on the single bid and an extremely high bid "amount, City Council rejected the bid on July 20, 2004 and instructed staff to re -bid the contract." Based on the volatility of the metals, market suppliers are reluctant to commit to a twelve -month contract without inflating the price to compensate for any price increase or an escape clause in the contract. The new bid is for a six (6) month period and contains a 30 -day notice of cancellation by both parties. This contract provides less risk to the supplier and therefore they are able to provide the actual cost reflected in today's market, instead of inflating the amount to cover for any unanticipated future price increase. Notices inviting bids were published in the adjudicated paper. As advertised, the City Clerk publicly opened the sealed bids on August 12, 2004 with the following results. BIDDER LOCATION BID AMOUNT Hughes supply San Marcos, CA $55,570.42 Western Water Works Supply Chino, CA $57,018.34 National Water Works Corona, CA $63,606.07 • Staff has evaluated all of the bid documents and found the most responsive /responsible bidder to be Hughes,Supply. Staff recommends that the City Council award a contract to Hughes Supply in the amount of $55,600 for the purchase of brass valves, fittings and related accessories for the Cities water distribution system. FISCAL IMPACT Sufficient funding is available in the 2004 -2005 budget to cover the cost of these purchases. RECOMMENDATION 1. Authorize the City Manager to approve the purchase of brass valves, fittings and related accessories in the amount of $55,600. 2. Waive any informalities in the bid or bidding process. Approved: William R. Kelly, City Manager • PM:GFL:MA:dw �'9 if-Vi F n �. if-:1-1;4 ' I1 aG ~ °�Rp�R•T =� STAFF REPORT Public Works Services Department September 21, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Gary F. Lewis, General Services Manager Mark Rynkiewicz, Associate Civil Engineer SUBJECT: Acceptance — 2003/2004 Annual Slurry Seal Proiect Recommendation: Accept all work performed by Pavement Coatings Company for the 2003 -2004 Annual Slurry Seal Project as complete and authorize the final payment to be made in, accordance_ with the contract documents, subject to a retention of $24,783.85. SUMMARY • On June 1, 2004, the City Council awarded a contract to Pavement Coatings Company in the amount of $245,283.80 for the construction of the 2003 -2004 Annual Slurry Seal Project. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total project cost of $247,838.52. This amount reflects the original contract amount of $245,283.80 plus two (2) contract change orders (CCO) totaling $2,554.72 or 1 % above the original contract amount. • Staff recommends that the City Council accept all work performed by Pavement Coatings Company as complete and authorize the final payment to, be made in accordance with the contract documents, subject to a retention of $24,783.85. The Public Works Services Department is.responsible for the maintenance and repair of approximately 147 miles of pavement within the community. In 1999, as part of the Pavement Management Program, staff prioritized the condition of all City streets and established an eight (8) year slurry seal program to efficiently prolong the life of City streets. The 2003104 Capital Improvement Program includes the Annual Asphalt and Concrete Program for this work. The Department is scheduled to slurry seal approximately 18 miles of City residential streets per year. LASER IMAGED 3P Mayor and City Council September 21, 2004 • Page 2 An asphalt slurry seal is a mixture of well - graded fine aggregate, emulsified asphalt and water applied to the street pavement as a surface treatment. It is designed for both preventive and corrective maintenance to older pavement surfaces where surface cracks and loss of surface material are evident. This process makes the pavement impermeable to air, water and improves skid resistance. To reduce the need for more costly maintenance or construction work in the future, this application is repeated once every eight years. The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction. In addition to the work originally covered by the contract, the contractor also performed the following work. CCO # Description Amount 1 Additional "STOP" Pavement Markings $280.00 2 Change Order to reflect final tonnage quantities. $2,274.72 Total Change Orders $2,554.72 • Staff recommends that the City Council accept . all work performed by Pavement Coatings Company as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $24,783.85. This amount reflects the original contract amount of $245,283.80 'plus two (2) contract change orders (CCO) for $2,554.72 or 1 % above the original contract amount for a total contract amount of $247,838.52. ENVIRONMENTAL'ANALYSIS This project is categorically exempt per Section 15301 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amount of $416,000 are budgeted in the 2003 -2004 Capital Improvement Program for the concrete repair and the Annual Slurry Seal Program, and $25,000 for the ADA Sidewalk Access Program, which is a total budget amount of $441,000. On April 6, 2004 Council awarded a contract for $176,975 for concrete and ADA Sidewalk repairs leaving a balance of $264,025 for this Project. • G]"SAM1232AJ Mayor and City Council September 21, 2004 • Page,25 RECOMMENDATION 1. Accept all work performed by Pavement Coatings Company for the 2003 -2004 Annual Slurry Seal Project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $24,783.85. PM:GFL:dw 0 • Approved by: � 1� William R. Kelly, City Manager • STAFF REPORT Fire Department DATE: September 21, 2004 TO: Mayor and City Council FROM: David R. Lugo, Jr., Fire Chief,G�'� By: Heather McDowell, Management Analyst SUBJECT: Report and Recommendation to Establish a Ten -Year Contract with the Cities of Glendale, Pasadena and Burbank ( "Verdugo Cities" or "Verdugo ") for Fire Dispatch Services in the Amount of $172,780 for the 2004 -2005 fiscal year Recommendation: Approve SUMMARY • Currently, the Arcadia Fire Department contracts for its Fire Dispatch Services with the Cities of Glendale, Pasadena and Burbank ("Verdugo Cities" or "Verdugo"). The City first contracted with Verdugo in 1999 at which time it became evident that it needed to enhance dispatch services, improve technology, and to utilize more cost efficient systems. • Fire Department staff recommends that the City Council authorize the City Manager to establish a ten -year contract with Verdugo for fire dispatch services in the amount of $172,780 for the 2004 -2005 fiscal year, subject to contractual increases over the next ten years. DISCUSSION The City of Arcadia has utilized the fire dispatch services of Verdugo since 1999 under an initial five -year Agreement. The Verdugo Communication Center is the only multi- agency dispatch center within our area (Area C). Multi- agency communication is vital to Fire Department operations on mutual aid and automatic aid responses. Our current contract with Verdugo has expired and the Fire Department wishes to establish a new ten -year Agreement. Throughout the past five years, the Verdugo Communication Center has dispatched Arcadia Fire Department resources to approximately 20,000 emergency service calls. LASER IMAGED k o. Mayor and City Council • September 21, 2004 Page 2 Many of Arcadia's emergency responses were handled in a more efficient manner due to increased access to incident information and accuracy of response. Common communications utilized by surrounding agencies has improved mutual and automatic aid responses. These factors allow the Arcadia Fire Department to provide the best service possible to the citizens of Arcadia. FISCAL IMPACT The costs associated with establishing the ten -year Agreement with Verdugo has been provided for in the 2004 -2005 Operating Budget and approved by Council June 15, 2004. The cost for fire dispatch services is calculated each fiscal year based on the volume of calls in the previous year, plus a 10% administration fee. The Agreement restricts increases to the cost per call to no more than 8% per year. For the 2004 -2005 fiscal year, the cost per call is $38.40 and the total cost to the City of Arcadia will be $172,780. RECOMMENDATION • It is recommended that the City Council authorize the City Manager to enter into a ten -year contract with the cities of Glendale, Pasadena and Burbank ( "Verdugo Cities" or "Verdugo ") in the amount of $172,780 for the fiscal year 2004 -2005 for fire dispatch services, subject to review and approval by the City Attorney. Approved: U William R. Kelly, City Manager • <s lL,AN11ii ;0 STAFF REPORT ��POAATW9• . Office of the City Manager DATE: September 21, 2004 TO: Mayor & City Council FROM: William R. Kelly, City ManagtrWW Linda Garcia, Communications arketing & Special Projects Manager By: Oliver Chi, Communications & Marketing Specialist II oc SUBJECT: Renewal Of Professional Services Agreement With Joe A. Gonsalves & Son In The Amount Of $36,000 For Legislative Advocacy Services For The Period Of September 2004 — September 2005. SUMMARY • Each year, state legislation has an enormous impact on cities, often times in a direct and invasive way. For the past six years, Arcadia has - become more involved in the state legislative process by contracting with Joe A. Gonsalves & Son (Gonsalves & Son) to provide legislative advocacy services in support for the City's legislative efforts. Gonsalves & Son is a Sacramento -based lobbying firm with representatives who contact legislators on issues important to the City of Arcadia. DISCUSSION In recent years, numerous pieces of state legislation have had a dramatic effect on cities across California, often times with severe fiscal implications. The League of California Cities estimates that over the past 12 years, in both good economic times and bad, the California State Legislature has shifted more than $40 billion in property taxes from cities, counties, special districts and redevelopment agencies in order to help pay for state responsibilities. Beginning in 1998, the City of Arcadia has contracted with Gonsalves & Son to provide legislative advocacy services in Sacramento. After the City analyzes proposed legislation, notice is sent to Gonsalves & Son noting Arcadia's support or opposition of specific bills. Representatives from the firm then make personal contact with legislators and lobby those individuals to ensure that the City's position is communicated. • Gonsalves & Son tracks each piece of.legislation throughout the entire legislative process and continues in their lobbying efforts until the bill is either passed or defeated. LASER IMAGED Joe A. Gonsalves & Son September 21, 2004 Page 2 Gonsalves & Son has proven to be accessible, knowledgeable and extremely helpful • not only in making these important contacts and tracking the proposed legislation we request, but also in alerting the City to changes in legislation that may be either . beneficial or detrimental to local government. -Atlditionally, the firm has provided guidance regarding potential grant opportunities. FISCAL IMPACT The annual cost to retain Joe A. Gonsalves & Son is $36,000.00. This amount reflects no increase over. previous contracts, and the money is currently available in the adopted fiscal year'2004 -2005 budget. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to renew the Professional Services Agreement with Joe A. Gonsalves & Son in the :amount of $36,000 for legislative advocacy services for the period September 2004 - September 2005. 3 @ r:, i1 11132OIAJ r\ LA 6 �. �Og�11fl .��o � ,�. STAFF REPORT Office of the City Manager DATE: September 21, 2004 TO: Mayor and City Council FROM: William R. Kelly, City Manager Y 1l� SUBJECT: ESTABLISHMENT OF A WHOLESALE PRICE FOR VISIONS OF ARCADIA Recommendation: Set the wholesale price at $15 per book SUMMARY On June 3, 2003, the City Council set the sales price for Visions of Arcadia at $25. At that time, the City did not anticipate selling the books in retail establishments and therefore there was no second price point established for resale purposes. Currently, there is some interest in selling the book at a limited number of commercial businesses. ., In order to do this, and keep the customer's price at $25, the City Council must set a discounted, or wholesale, price that will enable businesses to purchase the book and then re -sell it at their regular profit margin. DISCUSSION Visions of Arcadia is a collection of essays and photographs of Arcadia's past, present and future, published as part of the City's centennial celebration. Approximately 1,000 books have been sold thus far. Counting the books sold and donated, there are about 400 left. Visions of Arcadia received a great deal of publicity during the centennial year. As the prime audience, the books were easily available to the Arcadia community and sold at a number of City facilities, special events and through the mail. At this point, staff believes that Arcadians interested in purchasing a book have had ample opportunity to do so. It may now be time to expand our sales efforts by making the books available at a few local bookstores or, perhaps, the Arboretum gift shop. Because commercial establishments are profit driven, to keep the ultimate sales price of the book at $25 the City needs to establish a program whereby local businesses can purchase the book at a discounted /wholesale rate. It has been suggested that a • common mark -up for books is 40 %, which would put the wholesale price for Visions of Arcadia at $15. LASER IMAGED Mayor and City Council - wholesale price for Visions of Arcadia September 21, 2004 • Page 2 Making the book available . to a limited number of retail establishments will expose Visions of Arcadia to a-larger number of people who may be interested in Arcadia history. Waiting until now to pursue this venture has ensured that the expanded sales effort is not done at the expense of Arcadia residents who wanted one of these limited edition books. Since promoting Arcadia's rich history and getting the book to as many people as possible is the City's goal (as opposed to making a profit), staff supports the concept of offering the book to a few local businesses at a wholesale price. In terms of process, and for ease of accounting and clarification, it -is suggested that the wholesale price be offered only to local bookstores (including Vromans Pasadena) and the Arboretum gift shop. Staff also recommends that only one wholesale price be established and that the book is offered just to the stores and /or businesses referenced herein. FISCAL IMPACT Sales of Visions of Arcadia have; covered the cost of publishing. There is no negative fiscal impact to selling some of the remaining inventory at a wholesale price, to qualified • businesses RECOMMENDATION Staff recommends that the City Council establish a wholesale price of $15.00 for Visions of Arcadia and authorize staff to sell the books at this price to local bookstores and the Arboretum gift shop, as referenced in this report. • E `i"li'i q f�OORPORATS eon STAFF REPORT Police Department DATE: September 21, 2004 TO: Mayor and Members of the City Council FROM: Don Penman, Assistant City Manager /Development Services Director David H. Hinig, Chief of Police`W/W/ SUBJECT: Completion of Firearms Training Range— Police Department Recommendation: Waive the formal bid process and authorize the City Manager to enter into a contract with Meggitt Defense Systems Caswell for range construction in the amount of $433,942.66, with an additional allocation of $23,702 for engineering review, building contingency, and GSA contract participation fees from Asset Seizure Funds 0 SUMMARY 0 The Police Department construction project included building a facility to house a new firearms range; however, the scope of the project did not include funding for the interior and operation systems of the range. The Police Department requested and received approval from the United States Department of Justice to expend local "Asset Seizure Funds" to complete construction of the range. Meggitt Defense Systems Caswell (hereafter Meggitt/Caswell), a major defense contractor and the primary builder of firearms ranges throughout the nation, provided a proposal in the amount of $412,500 to complete the project. Additionally, $21,442.66 in sales tax would be added to the cost, bringing the total to $433,942.66. Meggit/Caswell's pricing includes $256,256.80 under GSA pricing, thus guaranteeing the lowest price as required by the Federal Government. This latter amount is subject to a 1.5% ($3,844) fee to the State of California for participating in the GSA contract process. City Purchasing Guidelines authorize the award of contracts under GSA pricing without going through the formal bid process. The Police Department has explored range completion options for nearly one year and recommends entering into a contract with Meggit/Caswell to complete the range. LASER IMAGED �-p Mayor and City Council September 21, 2004 . Page 2 DISCUSSION The Police Department currently uses a 28- year -old firearms range located under the City Council Chambers. Other than minor refurbishment and repair, the range has not been modernized. Additionally, the range is only 25 yards in length, which precludes the use of the Police Department's M -16A2 patrol rifles. The patrol rifles require a 50- yard or greater range length in order to properly contain the projectiles. When the new police facility was built, a separate building was constructed to house a new range; however, funds were not allocated for the interior or for the operating systems required to manipulate targets or otherwise manage the firing line. The initial "best guess" cost estimate was approximately $350,000. It was recognized that the range would require alternative funding and the Police Department requested and received approval from the United States Department of Justice to use "Asset Seizure Funds" for construction and completion of the project, subject to three conditions. These conditions were (1) the interior of the range was not part of the original project budget, (2) there were sufficient funds available in the local asset seizure account, and (3) the range would be used by law enforcement personnel only. The Department was able to certify to all three conditions, thus qualifying for the expenditure. The Department researched possible vendors and determined that only two companies, Action Target of Provo, Utah, and Meggitt/Caswell of Cary, Illinois, had the professional expertise and wherewithal to build the range to our specifications. A number of meetings were held with representatives from both companies. Although each company uses a certain amount of "proprietary" software and range configurations that are unique to each company, both gave proposals that were reasonably comparable. VENDOR PROPOSALS Meggitt Defense Systems Caswell 720 Industrial Drive, Suite 112 Cary, Illinois 60013 -1987 Phone: (847) 639 -7666 Contact: John F. Gritschke Meggitt/Caswell submitted a proposal totaling $412,5Q0, of which $256,256.80 is subject to GSA (Government Services Administration) pricing under contract #GS -07F- 0629N, thus guaranteeing the lowest price. In their proposal, they included $14,060 in shipping and freight costs, however they did not include tax. A supplemental inquiry indicated the tax would be $21,442.66. This brought the project total to $433,942.66. 0 Mayor and City Council September 21, 2004 Page 3 Action Target Inc. P.O. Box 636 Provo, Utah 84603 -0636 Phone: (801) 377 -8033 Contact: Layne Ashby Action Target provided an estimate of $421,900. They too have GSA pricing, that would be comparable to that reflected for Meggitt/Caswell. Action estimated shipping at $5,500, however they did not include freight charges or tax. We estimated that such costs would be about the same as Meggitt/Caswell, which brings the Action proposal to $451,902.66. ANALYSIS Proposals for this project were substantially higher than initially estimated. Evaluation of the proposals, as well as a review of materials used for the range, determined that the primary reason for the higher cost was the price and availability of steel. Steel prices are rising substantially on a month -to -month basis and availability has been severely curtailed. Recognizing that fact, the Department believes that time is of the essence and that a contract should be awarded to ensure that we do not suffer additional cost increases or experience delays in material production. • When the original firing range was built under the Council Chambers 28 years ago, Detroit Caswell was the company that handled the installation and they have . maintained the range since that time. They recently merged with Meggitt Defense Systems and are now one of the largest defense contractors, and in fact are the largest builder of firearms ranges in the nation. They have worked well with the City in handling repairs and even fabricating obsolete parts because replacement parts for the current range have not been manufactured for over a decade. Proposals by the two vendors for construction of the range are within $17,960 with Meggitt/Caswell having the lower estimate. Meggitt/Caswell has installed more than 10,000 firearms ranges and is clearly recognized as the company with the greatest expertise in this field. Further, the long -term relationship that has been in place with Meggitt/Caswell and their demonstrated quality and leadership in the field of range construction provide an additional basis for awarding a contract to them for this project. CONTINGENCY CONSIDERATIONS When the police complex was built, one of the three primary buildings was constructed as a "shell' that would ultimately house the firing range. The building was equipped with air circulation and fire suppression systems as required by the building codes, however these systems were fundamental in design and it was recognized that they might require some modification to conform with the final design of the interior of the • range. As such, it is possible that some changes outside the scope of the proposal from Meggitt/Caswell may be required. The Department anticipates that if change orders were necessary they would be minor in scope, but recommends a contingency of 4% ($17,358.00) for the project in addition to the contract amount, Mayor and City Council September 21, 2004 Page 4 One of the most critical aspects of the range construction is the airflow system. NIOSH and OSHA standards are very stringent with regard to air velocity and filtering. In that light, the Department believes that the mechanical engineer who assisted with the initial design of the air handling systems for the entire facility, including the range, should be retained for a secondary review of the proposed airflow and mechanical systems to be installed in the range to ensure maximum compatibility with all applicable standards. The engineer, Mr. Katz Horiuchi, estimates that the mechanical review will cost $2,500. REGIONAL USE The San Marino Police Department currently contracts with the City of Arcadia to provide firing range services to their officers. They are entering their third contract year and it is expected that they will continue with that service into the foreseeable future. The Sierra Madre Police Department has also expressed an interest in contract service, however the size of the existing range has precluded use by additional agencies. With the construction of the new range, it is anticipated that the aforementioned agencies, as well as other local departments will use the range. Some of this use may allow for a nominal cost recovery, or at least offset some operating expenses that have, up to this time, fallen solely on Arcadia PD. FISCAL IMPACT The project is funded from the Police Departments Asset Seizure Fund. Expenditures will be allocated as follows: Contract with Meggitt/Caswell: $ 433,942.66 Building Contingency (4 %): $ 17,358.00 GSA Participation Fee (1.5 %): $ 3,844.00 Engineering Review: $ 2,500.00 Total Project Fund: $ 457,644.66 Waive the formal bid process and authorize the City Manager to enter into a contract with Meggitt Defense Systems Caswell for range construction in the amount of $433,942.66, with an additional allocation of $23,702 for engineering review, building contingency, and GSA contract participation fees from Asset Seizure Funds Approved: f� 0 *h 0 William R. Kelly, City Manager Z C DATE: September 21, 2004 TO: Mayor and City Council STAFF REPORT Development Services Department FROM: Don Penman, Assistant City Manager /Developmer� Services Director Prepared By: Brian Saeki, Management Analyst j(vl SUBJECT: Professional Services Agreement — Civic Center Plaza Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Gonzalez Goodale Architects to provide architectural services for the Civic Center Plaza SUMMARY The City has been studying various alternatives for addressing the deficiencies of the • Civic Center area including City Hall and the overall site layout. At the direction of the City Council, staff retained the services of Gonzalez Goodale Architects (architecture firm in Pasadena) to prepare a Civic Center needs assessment in 2002. The study recommended three (3) design alternatives for this area: 1) rehabilitate City Hall, 2) demolish lower City Hall and add to upper City Hall, and 3) construct a new City Hall on the west side of the property and construct a new multi - purpose facility where City Hall currently sits. The City Council directed staff to proceed with alternative three (3). Staff recommends that Gonzalez Goodale be retained to proceed to the next phase of the design process (the preparation of a spatial analysis and schematic design for the Civic Center Plaza). BACKGROUND The upper City Hall structure was constructed in 1948. The lower City Hall addition was built in 1956. Due to their age, the buildings have suffered from normal wear as well as deferred maintenance. The HVAC system has exceeded its projected life and requires significant maintenance. The buildings, while likely to survive an earthquake, would probably not be habitable afterward. In 2002, staff was directed to prepare a Civic Center needs assessment which would address the deficiencies of the City Hall structures among other things. Staff prepared • a Request for Proposals to architectural firms to aide in the preparation of the study. Three firms responded to the RFP (Gonzalez Goodale Architects, Clarkin & Clarkin, and Stewart, Romberger & Associates). Staff recommended that the services of Gonzalez Goodale Architects be retained to prepare the needs assessment based upon their LASER IMAGED 3� September 21, 2004 Civic Center Plaza Page 2 of 3 E extensive municipal experience and flexibility. This study analyzed the overall site circulation (vehicular and pedestrian) of the Civic Center property, building/architectural assessment of City Hall and landscape architectural assessment. Based upon the findings of this study, three (3) recommendations were presented to the City (rehabilitate City Hall, demolish lower City Hall and add to upper City Hall, or construct a new City Hall on the west side of the property and construct a new multi- purpose facility where City Hall currently sits). Due to the age of the City Hall structures an the extensive and costly remodel would have to take place for the structures to comply with the current building and fire codes and with the Americans with Disabilities Act (ADA) requirements. While the cost to remodel was less than the cost to construct a new facility, the potential savings could be spent on temporary facilities and costs to move City Hall staff twice. These expenses would be saved if a new City Hall were constructed on the west side of the property. Additionally, there is a need for a multi - purpose facility in the City. A new City Hall facility constructed on the west side of the property would allow for a pad for a new multi - purpose facility where City Hall currently sits. • DISCUSSION Gonzalez Goodale Architects, formerly CHCG Architects, has over 23 years experience in the municipal arena including city halls, libraries and public safety facilities. They have designed an award - winning concept for the city hall of Culver City as well as city halls and other municipal buildings for the cities of Simi Valley, Westlake Village, Calabasas and Diamond Bar. Based upon their municipal experience and familiarity with the City Hall structures and property, staff is recommending that services of Gonzalez Goodale be retained to prepare a spatial analysis for City Hall that will analyze needs and develop facility programming and square footage (net and gross) and develop a preliminary schematic design that will analyze, and finalize site plan options and single line floor plans. Additionally, there is only one gymnasium in the entire community located at Arcadia High School. Based on a community the size of Arcadia and usage of the gym at the High School, there is a need for an additional gymnasium /multi- purpose facility. Gonzalez Goodale will also be asked to include this building into the study. The construction of the multi - purpose facility is contingent upon the construction of a new City Hall on the west side of the Civic Center area as it is proposed to be located where City Hall currently sits. • A preliminary cost estimate will also be provided for the construction of both buildings. September 21, 2004 Civic Center Plaza Page 3of3 • FISCAL IMPACT The fee to prepare the Spatial Analysis and Schematic Design is $80,000 ($23,000 — Spatial Analysis and $55,000 — Schematic Design). There is also a $2,000 fee for reimburseables included. $125,000 was approved for this project as part of the FY 2004 -05 Capital Improvement Budget. Construction costs can be approved in subsequent years based upon the recommendations of Gonzalez Goodale. RECOMMENDATION That the City Council authorize the City Manager to enter into a Professional Services Agreement with Gonzalez Goodale Architects to provide architectural services for the Civic Center Plaza. Approved By: William R. Kelly, City Manager 0