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