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HomeMy WebLinkAboutFebruary 19, 2008~` ~~°Fp ~_ CITY OF ARCADIA CITY COUNCIL/REDEVELOPMENT AGENCY ^~~~^"~ REGULAR MEETING '@°^~ty^~"°~• TUESDAY, FEBRUARY 19, 2008 0~ AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Mickey Segal, Mayor/Agency Chair Robe[t Harbicht, Mayor Pro Tem/Agency Vice Chair Peter Amundson, Council/Agency Member Roger Chandler, Council/Agency Member John Wuo, Council/Agency Member CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. CLOSED SESSION Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Don Penman and Mike Casalou. Employee Organization: Arcadia Firefighters' Association. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Wuo and Segal REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS Any wnfings or documents provided fo a majority of~the City Counci! regarding any item on this agenda will be made available for public inspection in the City C/erk's o~ce located af 240 W. Huntington Onve, Arcadia, Califomia, during norma! business hours. ~ SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Recommended Action: Conduct Public Hearing and Introduce Ordinance No. 2239 PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card availabie in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF FEBRUARY 5. 2008. Recommended Action: Approve Any writings or documents provided to a majority of.the Ciry Council regarding any item on fhis agenda wil! be made availabla for pu6lic inspection in the City Clerk's o~ce located at 240 W. Hunfington Drive, Arcadia, CalHomia, dunrrg norma! business hours. CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF FEBRUARY 5. 2008. Recommended Action: Approve c. A~OPT RESOLUTION NO. 6606 DECLARING THAT WEEDS. RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE d. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR e. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH J. Recommended Action: Approve Recommended Action: Approve 9• DEPARTMENT IN THE AMOUNT OF $42,900. Recommended Action: Approve h. WAIVE THE FORMAL BID PROCESS AND AUTHORIZE THE CITY MANAGER JUNE 30. 2011. Recommended Action: Adopt Any writlngs or documents provided to a majoriry of the City Counci! regaMing any item on this agenda wilf be made availabfe for public inspection in the City Clerk's o(fice locafed at 240 W. Huntinqton Orive, Arcadia, Celifomia, during normal6usiness hours. Recommended Action: Adopt and Schedule Protest Public Hearing for March 4, 2008. Recommended Action: Approve Recommended Action: Approve CITY MANAGER/AGENCY DIRECTOR ITEMS: a. b. COVER AT LANDFILLS. Recommended Action: Adopt c. BE HELD ON SATURDAY, APRIL 5. 2008. Recommended Action: Approve ADJOURNMENT The City Council/Redevelopment Agency will adjoum to Tuesday, March 4, 2008, 6:00 p.m. in the City Council Chamber Gonference Room located at 240 W. Huntington Drive, Arcadia PURSUANT TO THE AMERICANS WITH bISABILITIES ACT, PERSONS WITH A DISABILITY WHO REQUIRE A DISABILITY-RELATED MODIFICATION OR ACCOMODATION IN ORDER TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626) 574-5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING. Any wntings or documents provided to a majority of the City Council regerding any item on this agenda wil! be made available for public inspection in the City Clerk's o~ce located at 240 W. Huntington Drive, Arcadia, Califomia, dunng normal business hours. Recommended Action: Approve CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING ANNOTATED AGENDA FEBRUARY 19, 2008 CLOSED SESSION Pursuant to Government Code Section 54957.6 to confer with labor negotiators. NO REPORTABLE City Negotiators: Don Penman and Mike Casalou. ACTION TAKEN Employee Organization: Arcadia Firefighters' Association. PUBLIC HEARING - CITY COUNCIL a. ORDINANCE NO. 2239 EXTENDING THE TIME LIMIT ON THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AND THE TIME LIMIT TO PAY INDEBTEDNESS AND RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33670 UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(D). 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEM: a. REGULAR MEETING MINUTES OF FEBRUARY 5, 2008. CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF FEBRUARY 5, 2008. c. RESOLUTION NO. 6606 DECLARING THAT WEEDS, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 4, 2008. INTRODUCED 4-0 APPROVED 3 -0 -1 (Amundson Abstain; Segal absent) APPROVED 3 -0 -1 (Amundson Abstain; Segal absent) ADOPTED 4 - 0 (Segal absent) d. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) APPROVED 4-0 YEAR CONTRACT EXTENSION WITH CURBSIDE INC. FOR (Segal absent) RESIDENTIAL COLLECTION OF HOUSEHOLD HAZARDOUS WASTE IN THE AMOUNT OF $30,000. e. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED 4- 0 WITH J. DESIGIO CONSTF2UCTION, INC. FOR THE 2007-08 (Segal absent) WATER MAIN REPLACEMENT PROJECT IN THE AMOUNT OF $324,516. AWARD A PURCHASE ORDER TO AUTOMOTIVE RESOURCES, INC. FOF2 THE 2007-08 WATER MAIN REPLACEMENT PROJECT APPROVED 4- 0 IN THE AMOUNT OF $42,890. (Segal absent) AWARD A PURCHASE ORDER TO CLIPPINGER FLEET SERVICES APPROVED 4- 0 FOR THE PURCHASE OF ONE (1) CHEVROLET SUBURBAN FOR (Segal absent) THE FIRE DEPARTMENT IN THE AMOUNT OF $42,900. WAIVE THE FORMAL BID PROCESS AND AUTHORIZE THE CITY APPROVED 4- 0 MANAGER TO ENTER INTO A PROFESSIONAL SERVICES (Segal absent) AGREEMENT WITH THE OMEGA GROUP FOR A CRIME ANALYSIS MAPPING PROGRAM UPDATE FOR THE POLICE DEPARTMENT'S CRIME ANALYSIS UNIT IN AN AMOUNT NOT TO EXCEED $18,995. i. RESOLUTION NO. 6615 APPROVING A MEMORANDUM OF ADOPTED 4-0 " UNDERSTANDING ESTABLISHING COMPENSATION AND (Segal absent) RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE OFFICERS' ASSOCIATION ("APOA") FOR OCTOBER 1, 2007 THROUGH JUNE 30, 2011. 3. CITY MANAGER a. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES FOR INSPECTION, MONITORING AND PLAN CHECKING SERVICES FOR THE MUNICIPAL STORMWATER AND INDUSTRIAL WASTE PROGRAMS IN THE AMOUNT OF $91,441. b. RESOLUTION NO. 6609 IN SUPPORT OF CONTINUED AB 939 DIVERSION CREDIT FOR USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER AT LANDFILLS. c. WAIVE EXPENSES RELATED TO TRAFFIC CONTROL SERVICES FOR THE FOURTEENTH ANNUAL SANTA ANITA DERBY DAY 5K RUN AND WALK TO BE HELD ON SATURDAY, APRIL 5, 2008. APPROVED 4 - 0 (Segal absent) ADOPTED 4 - 0 (Segal absent) APPROVED 4 - 0 (Segal absent) \ / DATE: TO: FROM: SUBJECT: SUMMARY February 19, 2008 Mayor and City Council STAFF REPORT Development Services Deparhnent Jason Kruckeberg, Development Services Director,~~^ By: Mary Cynar, Economic Development Administrator~ Recommendation: Hold public hearing and introduce ordinance This is to request that the City Council hold a public hearing and introduce the proposed ordinance for first reading. The ordinance extends the time limit for the plan effectiveness by two years for the Central Redevelopment Project, which would then allow the extension of time for the Agency to receive tax increment revenues and pay back any outstanding indebtedness. DISCUSSION As a result of state budget deficits during the early 2000's, special ERAF (Educational Revenue Augmentation Fund) legislation was passed. For 2004/05 and 2005/06 the legisiation provided that if a redevelopment agency remitted ERAF payments in those fiscal years, then plan effectiveness could be extended by one year for each respective year of payment. The Agency did make the ERAF payments for those fiscal years, but did not take full advantage of the legislation by extending plan effectiveness pursuant to an adopted ordinance of the legislative body (City Council). With the adoption of the proposed ordinance the Central Redevelopment ProjecYs plan effectiveness shall be extend by two additional years, from January 25, 2015 to January 25, 2017, unless subsequently modified by other provisions of Community Mayor and City Council February 19, 2008 Page 2 Redevelopment Law (CRL). All other provisions of the Redevelopment Plan will remain in full force and effect. The following findings are incorporated into the ordinance and must be made by the City Council: 1. Notice of the hearing was sent to all affected taxing iagencies at least 30-days prior to the public hearing and published in a newspaper of general circulation at least 10 days prior to the date of the public hearing; 2. Funds used to make the ERAF payments for fiscal years 2004/05 and 20~5/06 would have otherwise been used to pay for the costs of projects and activities consistent with the goals and objectives of the Redevelopment Plan; 3. The time limit for effectiveness of the Redevelopment Plan is January 2015, which is 10 years or less from the last day of each of the 2004/05 and 2005/06 fiscal years and an ERAF payment was required for each of those fiscal years; and 4. The Agency is in compliance with CRL Sections 33334.2 and 33334.6, has adopted an implementation plan in accordance with the requirements of CRL Section 33490, and is not subject to sanctions pursuant to CRL Section 33334.12 (e) for failure to expend, encumber or disburse an excess surplus. ENVIRONMENTAL IMPACT The ordinance is exempt from CEQA provisions, and once adopted, a Notice of Exemption, pursuant to Title 14 California Code of Regulations Section15062, will be filed by the City Clerk with Los Angeles County within five days of adoption of the ordinance. FISCAL lMPACT The Agency has already remitted ERAF payments to Los Angeles County for fiscal years 2004/05 ($315,456.75) and 2005/06 ($354,408.21) and no further payments are required with the passage of this ordinance. With the adoption of the ordinance, the plan effectiveness is extended by two years, which essentialiy expands the time limit for the Agency to receive tax increment revenues and repay any outstanding debt. Mayor and City Council February 19, 2008 Page 3 RECOMMENDATION: Hold the Public Hearing at~d introduce Ordinance #2239 of the City Council of the City of Arcadia extending the time limit on the effectiveness of the Redevelopment Plan for the Central Redevelopment Project and the time limit to pay indebtedness and receive property taxes pursuant to Health and Safety Code Section 33670 under the Redevelopment Plan for the Central Redevelopment Project pursuant to Health and Safety Code Section 33333.6 (E) (2) (D). Approved: ~t~/`~-i1? Qc.,~,~-e,,..~ Donald Penman, City Manager ORDINANCE NO. 2239 AN ORDINANCE OF TI~ CITY COUNCIL OF THE CITY OF ARCADIA EXTENDING THE TIME LIMIT THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE CENTRAI. REDEVELOPMENT PROJECT AND THE TIME LIMIT TO PAY INDEBTEDNESS AND RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFET'Y CODE SECTION 33670 UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) WHEREAS, the Redevelopment Agency of the City of Arcadia ("Agency") is a redevelopment agency established and acting pursuant to the California Community Redevelopment Law (California Health & Safety Code Sections 33000, et seq.) ("CRL"); and WHEREAS, pursuant to City Council of the City of Arcadia Ordinance No. 1490, adopted on December 26, 1973, the City Council of the City of Arcadia adopted the Redevelopment Plan for the Central Redevelopment Project. The Redevelopment Plan for the Central Redevelopment Project has been amended by the City Council of the City of Arcadia through the following ordinances: (1) Ordinance No. 1722, adopted on May 19, 1981; (2) Ordinance No. 1847, adopted on November 4, 1986; (3) Ordinance No. 2025, adopted on November 1, 1994; (4) Ordinance No. 2102, adopted on June 4, 1999; (5) Ordinance No. 2181, adopted on October 7, 2003; (6) Ordinance No. 2184, adopted on November 18, 2003; and (7) Ordinance No. 2231, adopted on August 7, 2007 (collectively, the "Redevelopment Plan"); and -1- WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D), the Redevelopment Plan may be amended by ordinance to eactend both the time limit for the effectiveness of the Redevelopment Plan and the time limit for the Agency to pay indebtedness and receive tax increment revenues pursuant to CRL Section 33670 under the Redevelopment Plan by one (1) year for each payrnent required of and made by the Agency to the County of Los Angeles Educational Revenue Augmentation Fund ("ERAF") in fiscal years 2004/OS and 2005/06, pursuant to CRL Section 33681.12; and WHEREAS, the Agency was required to make and made ERAF payments in both the 2004/OS and 2005/06 fiscal years, pursuant to CRL Section 33681.12; and WHEREAS, the City Council held a public hearing regarding adoption of this Ordinance on February 19, 2008 at 7:00 p.m. at the City of Arcadia City Council Chambers, 240 West Huntington Drive, Arcadia, California; and WHEREAS, notice of the public hearing regarding adoption of this Ordinance was given to all affected taxing entities at least thirty (30) days before the date of the public hearing and was published in a newspaper of general circulation in the community at least once, not less than ten (10) days prior to the date of the public hearing; and -2- WI-IEREAS, City staff has determined that the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA"), pursuant to Title 14 California Code of Regulations Section 15061(b)(3), because there is no possibility that enactment of this Ordinance may have a significant effect on the environment, and pursuant to Title 14 California Code of Regulations Section 15378(b)(4), because this Ordinance creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COUNCIL OF TI-IE CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Arcadia makes the following findings and determinations: 1. Notice of the public hearing regarding adoption of this Ordinance was mailed to the governing bodies of all affected taxing entities at least thirty (30) days prior to the date of the public hearing and published in a newspaper of general circulation, at least once, not less than ten (10) days prior to the date of the public hearing. -3- 2. The funds used to make the ERAF payments in both the 2004/OS and 2005/06 fiscal years pursuant to CRL Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. 3. The time limit for the effectiveness of the Redevelopment Plan established pursuant to CRL Section 33333.6(a) is January 25, 2015, which is 10 years or less from the ]ast day of each of the 2004/OS and 2005/06 fiscal years, and an ERAF payment was required of and made by the Agency pursuant to CRL Section 33681.12 in both the 2004/OS and 2005/06 fiscal years. 4. The Agency is in compliance with CRL Sections 33334.2 and 33334.6, has adopted an implementation plan in accordance with the requirements of CRL Section 33490, and is not subject to sanctions pursuant to CRL Section 33334.12 (e) for failure to expend, encumber or disburse an excess surplus. SECTION 2. Amendments to Redevelopment Plan. In accordance with CRL Section 33333.6(e)(2)(D), the following limitations for the Redevelopment Pian are established, subject to all other provisions of this Ordinance: -4- 1. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, and notwithstanding any provision of the Redevelopment Plan, the Redevelopment Plan shall be effective until January 25, 2017. 2. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, the Agency shall not pay indebtedness or receive tax increment revenues, pursuant to CRL Section 33670, after January 25, 2027. SECTION 3. Confirmation of Redevelopment Plan. The Redevelopment Plan, as amended by this Ordinance, shall be and remain in full force and effect. SECTION 4. Authorization for Further Acts. The City Council authorizes and directs the City Manager to undertake such actions and execute such documents as may be reasonably necessary or con~enient to carry out and administer the actions authorized by this Ordinance. SECTION 5. Severability. If any provision of this Ordinance as applied to any person or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect (to the maximum extent permissible by law) any other provision of this -5- Ordinance, the application of any such provision regarding another person or under circumstances different from those adjudicated by the court, or the validity or enforceability of this Ordinance as a whole. SECTION 6. Repeal of Conflicting Laws. The parts of other ordinances of the City of Arcadia that are in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. Publication. The City Council authorizes and directs the City Clerk to publish this Ordinance in the manner and time required by law. SECTION 8. CEQA Notice of Exemption. The City Council authorizes and directs the City Clerk to file a Notice of Exemption, pursuant to Title 14 California Code of Regulations Section 15062, with the Clerk of the Board of Supervisors of the County of Los Angeles or other appropriate official designated by the County of Los Angeles for such filing, regarding the adoption of this Ordinance, within five (5) calendar days following the date of adoption of this Ordinance. SECTION 9. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of this Ordinance to be published in the official newspaper of the City of Arcadia within fifteen (15) days after adoption of -6- this Ordinance. This Ordinance shall take effect on the tfiirty-first (31S`) day after its adoption. Passed, approved and adopted this _ day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: '~ ~~.~-e-~ ~~~, ~ . Stephen P. Deitsch City Attomey -7- 50:0011 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, FEBRUARY 5, 2008 CALL TO ORDER Mayor Segal called the Study Session Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Chandler, Harbicht, Wuo and Segal ABSENT: Council/Agency Member Amundson A motion was made by Council/Agency Member Wuo seconded by Council/Agency Member Harbicht to excuse Council/Agency Member Amundson. CLOSED SESSIONISTUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report, discussion and direction regarding Schematic Design for Proposed New City Hall Project. City Engineer Phil Wray provided the City Council with a brief update and visual presentation of the proposed new City Hall Project and explained the site plan restrictions of the proposed location. Development Services Director Jason Kruckeberg provided a presentation of the existing internal functions and layout of the current City Hall and explained the proposed new City Hall layout and format. He also provided a preview of where departments would be located in order to better serve the public. Steinberg and Associates provided a presentation on the elevation and materials being proposed for the new City Hall. He explained how the proposed design fits into the current civic center area, the view and how the building would be perceived by the public. He also explained the purpose of the use of glass, the openness, columns and the overall design of the building. The City Council directed staff to bring back modifications at a future study session meeting. b. Report, discussion and direction concerning a community "signature" event. Linda Garcia, Communications, Marketing and Special Projects Manager explained that last year, the City Council approved a community signature event for early summer to be paid with City and sponsor funds. She further explained that as the planning began finding a suitable location for the size of an event the City Council wanted was difficult. She commented that because of the delay in securing a location to accommodate the type of event the City Council budgeted for and due to staff transition issues, staff recommends rescheduling the June event to a future date to be held at a City facility. 02-05-2008 50:0012 The City Council asked the Mayor and City Manager to meet with the School Superintendent and President of the School Board to discuss use of the athletic field for a future event. Linda Garcia announced that a Mayor's Community Breakfast will be held on Friday, April 11th at the Community Center and the cost will be about $5 per person which will help off set the costs. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Regular Meeting at 7:10 p.m. in the Council Chamber. INVOCATION Reverend Daniel Earp, Amazing Grace Congregational Church PLEDGE OF ALLEGIANCE Fire Chief Tony Trabbie ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Chandler, Harbicht, Wuo and Segal ABSENT: Council/Agency Member Amundson A motion was made by Council Member Wuo, seconded by Council Member Harbicht to excuse Council Member Amundson. REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS City Attorney Steve Deitsch reported that a study session was conducted to consider the two items listed on the posted agenda. He reported that direction was given to City staff and the City selected Architect regarding the design of the proposed new City Hall project and that the second item was to give direction to City staff to meet with the School District regarding the possibility of conducting a Community Signature Event at the High School. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager pon Penman reported that Consent Calendar Item (e) be pulled from the agenda, no action will be taken. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Wuo and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 02-05-2008 50:0013 PRESENTATIONS a. Presentation of Certificate to Rose Queen Dusty Gibbs. b. Presentation to city employees by the Arcadia Chinese Association. PUBLIC HEARING CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS: a. JOINT PUBLIC HEARING TO CONSIDER A SALElEXCHANGE OF REAL PROPERTY BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA. RESOLUTION NO. 6605 APPROVING THE CONVEYANCE OF CERTAIN SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA AND MAKING FINDINGS REQUIRED BY LAW. Recommended Action: Adopt ARA RESOLUTION NO. 225 APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY TO THE CITY OF ARCADIA TO THE CHURCH IN ARCADIA PURSUANT TO THAT CERTAIN ARCADIAAND MAKING CERTAIN FINDINGS REQUIRED BY LAW. Recommended Action: Adopt City Manager pon Penman announced that this is a joint public hearing between the Redevelopment and the City Council to consider the conveyance of certain property from the Redevelopment Agency to the Church in Arcadia pursuant to previously signed Agreements. He noted that this is the last formal action of the City Council and Agency in"finalizing this transaction where the property on Live Oak Avenue will be conveyed to the Church where a new church will be built. Economic Development Administrator Mary Cynar explained the process of the purchase by the Agency of 21 Morlan Place in exchange for the conveyance of 630 East Live Oak Avenue to the Church in Arcadia. She explained that the Agency will purchase the Church site at 21 Morlan Place for $3.6 million dollars. The Agency will convey to the Church the property at 630 East Live Oak Avenue. The Agency will provide up to 18 months rent subsidy for the Church and the Church is responsible for the application and all costs associated with applying for and receiving approval for a Conditional Use Permit and Architectural Design Review for the new Church meeting hall at the relocation site. She noted that Planning Commission found that the sale and conveyance of the properties were consistent with the General Plan; and further noted that the Agency is conveying a blighted vacant parcel on Live Oak Avenue in exchange for an underutilized parcel in the project area which has a potential for a higher and better commercial use. 02-05-2008 50:0014 In response to an inquiry from Council Member Chandler, Ms. Cynar responded that the Live Oak Avenue property was acquired from the City by the Agency for about $2,247,000 million dollars. Wendy Doo, attorney representing the Church in Arcadia appeared and read a letter dated January 29, 2008 from Pastor David Dong, President of the Church in Arcadia who is currently out of the country. In the letter, Pastor David Dong thanked the City Council and City staff for a smooth transaction. Ms. Doo also thanked the City Council and City staff for a smooth transaction. Linda Dong, a member of Church in Arcadia appeared and spoke in favor of the transaction for both parties. Leonora Edmunston, a member of the Church in Arcadia appeared and spoke in favor of the transaction. (name inaudible) lives in the Highland Oaks Homeowner Association appeared and thanked the City for supporting the Church in Arcadia. (name inaudible) a member of the Ghurch in Arcadia and attends Arcadia High School appeared and thanked the City. A motion to close the pu6lic hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht, and seeing no further objection, the Mayor closed the public hearing. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to adopt Resolution No. 6605 approving the conveyance of certain real property from the Redevelopment Agency to the Church in Arcadia pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions by and between the Redevelopment Agency and the Church of Arcadia and making findings required by law. AYES: Council/Agency Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council/Agency Member Amundson A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Wuo and carried on roll call vote to adopt ARA Resolution No. 25 approving the conveyance of certain real property from the Redevelopment Agency of the City of Arcadia to the Church in Arcadia pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions by and between the Redevelopment Agency and the Church of Arcadia and making certain findings required by law. AYES: Council/Agency Member Harbicht, Wuo, Chandler and Segal NOES: None ABSENT: Council/Agency Member Amundson 02-Q5-2008 50:0015 PUBLIC COMMENTS Pam Garfield, Principal Longley Way School appeared with 3 students and teachers Sandy Birch and Jane Nichols to report on various activities by "Arcadia Kids." REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo congratulated Rose Queen Dusty Gibbs; he thanked the Arcadia Chinese Association for the gifts to the City employees; and he wished everyone a Happy Chinese New Year. Mayor Pro Tem Harbicht discussed green waste and recommended that a resolution supporting continued AB 929 diversion credit for use of green waste as an alternative daily cover at landfills be placed on the next City Council agenda and congratulated and thanked the Principal and teachers at Longley Way for their presentation. Council Member Chandler announced that he would like placed on a future City Council agenda an item to discuss guidelines for projects currently in plan check that would be impacted by the new Park Impact fee. Mr. Penman commented that the new fee goes into effect March 14 and recommends that this item be placed on the March 4~h City Council agenda. Mayor Segal read a prepared a statement regarding the need for Spanish, Chinese and Vietnamese poll workers for the April 8, 2008 General Municipal Election; he also read a letter from the City of Poway thanking the Arcadia Fire Department for their assistance at the October 22, 2007 fires. Mayor Segal also thanked the Fire Chief and the Fire Department. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF JANUARY 15. 2008. Recommended Action: Approve b. AUTHORIZE AN APPROPRIATION OF $43,130 FROM THE ARCADIA CITY'S GENERAL PLAN UPDATE. Recommended Action: Approve CITY COUNCIL ITEMS: c. REGULAR MEETING MINUTES OF JANUARY 15. 2008. Recommended Action: Approve 02-05-2008 50:0016 d. ORDINANCE CONCERNING EARLY MORNING PARKING HOURS. Recommended Action: Adopt e. Recommended Action: Adopt APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. INTRODUCE ORDINANCE NO. 2240 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Recommended Action: Introduce ADOPT RESOLUTION N0. 6607. A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARCADIA. Recommended Action: Adopt 9• h. ACCEPT ALL WORK PERFORMED BY BOND BLACKTOP. INC. FOR THE 2006-07 ANNUAL SLURRY SEAL PRQJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH B& T WORKS INC. FOR THE SIDEWALK GAP CLOSURE PROJECT IN THE AMOUNT OF $34,120. Recommended Action: Approve APPROVE FINAL MAP NO. 62234 FOR A 78 UNIT SENIOR CONDOMINIUM PROJECT AT 161 COLORADO PLACE. Recommended Action: Approve 02-05-20a8 ARCADIA. Recommended Action: Adopt 50:0017 k. ACCEPT ALL WORK PERFORMED BY D& J FOOTHILL ELECTRICAL CONTRACTORS, INC. FOR THE REPLACEMENT OF THE LONGDEN AVENUE PARK BASEBALL FIELD BACKSTOP AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve AWARD A PURCHASE ORDER TO PASADENA FORD FOR THE PURCHASE Recommended Action: Approve m. AUTHORIZE THE CITY MANAGER TO ACCEPT THE QUITCLAIM DEED FOR WATER LINE EASEMENTS AND FACILITIES AT SANTA ANITA FASHION PARK LP. Recommended Action: Approve n. ACCEPT ALL WORK PERFORMED BY ALL AMERICAN ASPHALT FOR DUARTE ROAD REHABILITATION PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH CONTRACT DOCUMENTS. Recommended Action: Approve o. ACCEPT ALL WORK PERFORMED BY FREEWAY ELECTRIC FOR TRAFFIC SIGNAL MODIFICATION AT FIRST AVENUE AND COLORADO BOULEVARD AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH CONTRACT DOCUMENTS. Recommended Action: Approve p. AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT N0. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CONSTRUCTION CONTROLS GROUP, INC. FOR THE FIRE STATION NO. 105 PROJECT FOR AN ADDITIONAL $20,000. Recommended Action: Approve A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to approve items 2.a through 2.d and 2.f through 2.p on the City Council/Agency Consent Calendar. AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council MemberAmundson 3. CITY MANAGER/AGENCY DIRECTOR ITEMS: a. AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH HOGLE IRELAND. INC. FOR PLANNING AND CONSULTING SERVICES ASSOCIATED WITH THE CITY'S GENERAL PLAN UPDATE PROJECT IN THE AMOUNT OF $843.130. Recommended Action: Approve 02-05-2008 50:0018 Jason Kruckeberg, Development Services Director provided an overview of the proposed City's General Plan update; he noted that the City last completed a comprehensive update of the current General Plan in 1996 and the City's Housing Element was revised in 2001. He noted that state law requires local government agencies review and revise its general plans as often as deemed necessary or appropriate with the exception of Housing Elements which are required to be revised every 5 years; he noted that the Generai Plan will address the Downtown area, residential neighborhoods, traffic along the City's major arterials, affordable housing, mixed uses for properties around the Gold Line light rail station, loss of small but critical industrial uses and revitalize business areas and corridors such as Live Oak Avenue. He commented that the proposal received from Hogle-Ireland meets the needs in creating a General Plan that will be reflective of the community's goals and should take 18-24 months to complete. He noted that the schedule will include a number of community workshops, design meetings and the formation of a steering committee to guide the focus and development of the Plan. In response to an inquiry by Council Member Harbicht, Laura Stetson, Hogle-Ireland provided examples of what can happen if the City does not update the City's General Plan. She also explained that the worst case scenario for not having an adequate and consistent General Plan is that development can halt. It was the consensus of the City Council that individuals from the community be recruited to serve on a steering committee regarding the General Plan update. A motion was made by Council Member Chandler seconded by Council Member Wuo and carried on roll call vote to authorize the City Manager to enter into a contract with Hogle-Ireland, Inc. for planning and consulting services associated with the City's General Plan Update Project in the amount of $843,130. AYES: Council Member Chandler, Wuo, Harbicht and Segal NOES: None ABSENT: Council Member Amundson b. APPROVE FEDERAL LEGISLATIVE ADVOCACY PRIORITIES FOR 2008. Recommended Action: Approve Linda Garcia, Communications, Marketing and Special Projects Manager provided a brief report on federal legislative advocacy priorities for 2008. She discussed several projects and alternatives for approaching the City's funding requests in order to meet federal criteria and suggested that the City's on-going water projects remain the top priority. She noted that staff is seeking approval to pursue federal funding for the Joint Water Infrastructure Project that will safeguard the quality and reliability of the drinking water supply for Arcadia and Sierra Madre in the event of a major seismic event and the second water project is designed to assure water supply reliability and protect the water quality in our domestic wells. She further noted that the second tier of projects for approval include construction of a joint fire suppression/emergency preparedness training facility, the purchase of a tactical logistics vehicle, two license plate readers, computer based parking ticket devices and police in-car video. She commented that there is no fiscal impact associated with the request. 02-05-2008 50:0019 A motion was made by Council Member Harbicht seconded by Council Member Wuo and carried on roll call vote to authorize staff to direct The Ferguson Group to work on behalf of the City of Arcadia to seek funding for the projects listed in the staff report, with primary focus on the water system improvements; and further authorize staff to submit any documents or application forms for federal funding that may be needed for each project. AYES: Council Member Harbicht, Wuo, Chandler and Segal NOES: None ABSENT: Council Member Amundson c. APPROVE CLASSIFICATION SPECIFICATIONS AND COMPENSATION LEVELS FOR ASSISTANT CITY MANAGER/PUBLIC WORKS SERVICES DIRECTOR. DEVELOPMENT SERVICES DIRECTOR, DEPUTY DEVELOPMENT SERVICES DIRECTOR/CITY ENGINEER. COMMUNITY City Manager pon Penman reported that as a result of his appointment to City Manager and City Charter authority, he recommends Pat Malloy be appointed Assistant City Manager. He further reported that as a result of his appointment and the appointment of the Public Works Services Director to the position of Assistant City Manager/Public Works Services Director, a departmental reorganization was conducted and resulted in recommendations that involve revisions to current job specifics, changes in titles and some changes to salary ranges. Mr. Penman recommends approval of the classification specifications and compensation levels for Assistant City Manager/Public works Services Director, Development Services Director, Deputy Development Services Director/City Engineer, Community Development Administrator, Transportation Services Manager, Senior Planner, Building Maintenance Technician and Street Light Technician, approve a$350 car allowance for the Development Services Director and confirm the appointment of the Public Works Services Director as City Manager Pro Tempore (Assistant City Manager). A motion was made by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to approve classifcation specifications and compensation levels for Assistant City Manager/Public Works Services Director, Development Services Director, Deputy Development Services Director/City Engineer, Community Development Administrator, Transportation Services Manager, Senior Planner, Building Maintenance Technician and Street Light Technician. AYES: Council Member Harbicht, Chandler, Wuo and Segal NOES: None ABSENT: Council MemberAmundson 02-05-2008 Recommended Action: Approve 1• 50:0020 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Richard P. Knerr, Melvin Hindin, Gerald Haynes and Dale Turner at 8:40 p.m. to February 19, 2008 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk ~ ~ ; 't ~ i ;'~ ~7/l ' f.~~L-c,n .,~;; 1- ~~ Lisa Mussenden, Chief Deputy City Clerk 02-05-2008 ~ - U ~"°°ap~~T~~-~~°A STAFF REPORT Office of the City Clerk DATE: February 19, 2008 TO: Honorable Mayor and Members of the City Council FROM: ]ames Barrows, City Cle ~flr~?/ ~~ Lisa Mussenden, Chief Deputy City Clerk/Records Manager ~ SUBJECT: RESOLUTION N0. 6606 DECLARING THAT WEEDS, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE SEASONAL AND RECURRENT PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVEDE FOR THE ABATEMENT THEltEOF AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 4, 2008. RECOMMENDATION: ADOPT AND SCHEDULE THE PROTEST PUBLIC HEARING FOR MARCH 4, 2008. BACKGROUND The Los Angeles County Agricultural Commissioner has submitted the attached 2007- 2008 annual declaration list of private properties within the City of Arcadia which have been inspected by the County, and found to contain a growth of flammable weeds, brush and/or rubbish. Said weeds have attained such growth as to become, when dried, a fire menace to adjacent property. If the owner does not bring the properly into compliance upon notice of dangerous conditions the County must abate the weeds. The attached Resolution No. 6606 declares that hazardous conditions upon or in front of certain private property are a public nuisance. Said Resolution also schedules a public hearing for March 4, 2008 at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from the affected property owners to the abatement of their property. Affected properties are attached as Appendix A of the Resolution. Upon adoption of this Resolution, the County Agricultural Commissioner will mail notices to the affected property owners. An a~davit of mailing will be returned to the City by the County when mailing of the notice, as provided by law, has been completed. It is recommended that the City Council adopt Resolution No. 6606 declaring that weeds, brush, rubbish and refuse upon or in front of specified property in the city are seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof and to schedule the protest public hearing for March 4, 2008. Approved: c~~/ ~ o~P^1'Y-r.~:;r-J Don Penman City Manager RESOLUTION NO. 6606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECIJRRENT PUBLIC NUISANCE, t1ND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT TI~REOF AND TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEt1RING FOR MARCH 4, 2008 THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the Califomia Government Code, Secrions 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or provide property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flarrunable materials are conditions which endanger the public safety by creating a fire hazazd. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front 1 of said property constitutes a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to- wit: That certain properiy described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the City Council detemunes that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of; Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior acrion of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~`~,.:. ~ ~~+~ City Attorney 3 LOS ANGELES COUNTY DECLARATION LIST DATE 12 24 07 CITY OF ARCADIA _IN_.SEQ_.BY WEED-.KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 SANTA ANITA CANYON RD 5765 002 012 6 7 06 035 SANTA ANITA CANYON RD - 5765 002 013 5 7 06 035 CANYON RD 5765 002 900 1 7 06 035 HIGHLAND VISTA DRIVE 5765 O11 O11 8 7 06 035 HIGHLAND OAK DRIVE 5765 030 O10 9 7 06 035 NORTH OF TOREY PINES DRIVE 5771 OD1 007 7 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 7 06 035 TORREY.PINES DRIVE , 5771 033 O15 0 7 06 ~035 TORREY PSNES DRIVE 5771 033 016 9 7 06 035 TORREY PINES DRIVE 5771 033 017 B 7 06 035 FLAWER ST 5773 005 900 4 7 06 035 FLOWER ST 5'773 005 901 3 7 06 035~ FRONT ST 5773 006 910 0 7 06 035 153 E SANTA CLARA ST 5773 007 009 0 7 06 035 INDIANA ST 5773 O10 905 9 7 06 035 INDIANA ST 5773 O10 906 9 7 06 035 INDIANA ST 5773 O10 907 7 7 06 035 INDIANA ST 5773 O11 922 6 7 06 035 INDIANA SS 5773 O11 923 5 7 06 035 INDIANA ST 5773 011 924 4 7 06 035 INDIANA ST . 5773 O11 925 3 7 06 035 INDIANA ST 5773 O11 926 2 7 06 035 3RD AVENUE 5773 O15 937 0 7 06 035 3RD AVENUE 5773 O15 938 9 7 06 035 3RD-AVENCTE . 5773 O15 939 6~ 7 06 035 3RD AVENCTE . 5773 O15 940 5 7 06 035 3RD AVENUE .. 5773 015 941 4 7 06 035 3RD AVENCTE 5773 015~ 942 3 7 06 035 3RD AVENCTE 5'773 O15 943 2 7 06 035 3RD AVENUE 5773 O15 944 1 7 06 035 3rd AVENCTE 5773 O15 945 0 7 06 035 3RD AVENUE 5773 O15 946 9 7 06 035 3RD AVENRE 5773 O15 947 8 7 06 035 3RD AVENCJE 5773 O15 948 7 7 06 035 3RD AVENUE 5773 O15 949 6 7 06 035 3RD AVENIIE . 5773 O15 950 2 7 06 035 3RD AVENUE 5773 O15 951 1 7 06 035 COLORADO HLVD 5775 022 900 7 7 06 035 COLOFADO BLVD 5775 022 901 6 7 06 035 SANTA CLARA STREET 5775 025 025 0 7 06 035 FOOTRILL FWY 5775 026 902 6 7 06 035 FOOTHZLL FWY 5775 026 903 5 7 06 035 FOOTHILL FWY 5775 026 904 4 7 06 035 FOOTHILL FWY 5775 026 905 3 7 06 035 CORNELL RD 5775 026 906 2 7 06 035 DUARTE RD 5779 O15 004 2 7 06 035 23 E DUARTE RD 5779 O15 005 1 7 06 035 25 E DUARTE RD 5779 O15 OD6 0 7 06 035 DUARTE RD 5779 O15 007 9 7 06 035 201 E DUARTE RD 5779 018 040 2 7 1- APPENDI7C"'A" LOS ANGELES COUNTY DECLARATION LIST DATE 12 24 07 CITY OP ARCADIA IN SEQ BY WEED-KEY, THEN PARCEL LINIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEy 06 035 LEROY AVENUE 5794 020 014 3 7 06 035 NORMAN AVENUE 5788 014 013 3 7 06 035 LIVE OAK AVEN[TE 5790 027 034 6 7 06 035 CLARR ST 8532 016 001 5 7 06 035 CLARK ST 8532 016 004 2 7 06 035 CLARK ST 8532 016 022 0 7 06 035 GOLDRZNG RD 8532 018 005 7 7 06 035 GOLDRING RD 8532 018 O11 9 7 06 035 122 E LIVE OAK AVE 8573 024 005 5 7 06 035 128 E LIVE OAK AVE 8573 024 006 4 7 WEED KEY 7 TOTAL VACANT/IMPROVED RECORDS p WEED KEY 7 TOTAL UNIMPROVED RECORDS 60 WEED KEY 7 TOTAL RECORDS 60 -2- _.~- ,e...~.. '~°°~~y°{~°~`~ STAFF REPORT Public Works Services Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Direct r 1 Prepared by: Tom Tait, Deputy Public Works Services Director Marie Rodriguez, Management Aide SUBJECT: SUMMARY On February 6, 2007 the City Council awarded a one (1) year cbntract to Curbside Inc. for residential collection of household hazardous waste. Curbside Inc. is reaching the end of their contract and has submitted written offer to extend the existing contract for one (1) additional year. The contractor's offer of extension does not reflect a change in price and all other conditions of the Agreement are to remain in effect. Based on the excellent service provided by Curbside Inc. during the first year of this program, staff recommends that the City Council award a one (1) year contract extension in the amount of $30,000 to Curbside Inc. for residential collection of household hazardous waste. DISCUSSION For the protection of Arcadia's environment and the health of its inhabitants, it is important to provide alternatives to the illegal disposal of household hazardous waste and universal waste. As more laws ban certain HHW from the landfills, it has become the obligation of the City to provide a service that will assist residents in recycling and diverting HHW from the waste stream. The purpose for this program was to provide residents a convenient method to dispose of their HHW throughout the year. This program supplements the current LA County Page 1 of 2 Recommendation: Approve Mayor and City Council February 19, 2008 HHW Roundups that are held once a year in Arcadia at the Race Track and surrounding cities. Since its inception, the program has picked up hazardous waste from approximately 138 homes and over 10,300 pounds of hazardous waste, which include used oil, batteries (both household and automobile), fluorescent light bulbs, paint and antifreeze. Of the hazardous waste collected, 6,600 pounds was paint from Arcadia residents, which equates to 64% of the total hazardous waste collected by the City. Curbside, Inc. averages 15 curbside pick-ups per month in tlie City. Residents are provided a toll free number where they can schedule an appointment for pick-up directly with the contractor. The program, with the phone number, has been advertised in the City's Newsletter, website, Hotsheet, and the Waste Management publication entitled "One Person's Trash". Each resident must have a minimum of four (4) gallons of HHW and is allowed up to three (3) pick-ups per year. In addition, residents continue to be able to properly dispose of E-waste by calling Waste Management for a free bulky item pick-up, or include their E-waste with a HHW pick-up. As usage of the program continues to increase, Arcadia continues to comply with state mandates that ban HHW from landfills. Based on the excellent service provided by Curbside Inc. during the first year of this program, staff recommends that the City Council award a one (1) year contract extension in the amount of $30,000 to Curbside Inc. for residential collection of household hazardous waste. ENVIRONMENTAL IMPACT The environmental impact study is not necessary. FISCAL IMPACT Funds are budgeted for this program in the 2007-08 Solid Waste Fund and the Used Oil Block Grant. RECOMMENDATION 1. Award a one (1) year contract extension to Curbside Inc. for residential cotlection of household hazardous waste in the amount of $30,000. 2. Authorize the City Manager and City Clerk to execute contracts in a form approved by the City Attorney. APPROVED: ~-+~~-~-' Don Penman, City Manager PM:TT:MR Page 2 of 2 v - ~ .,.. ..::m~~ Commun"yo{µoP`s STAFF REPORT Public Works Services Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Director Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY The water main along EI Monte Avenue has reached the end of its service life. The existing pipe was installed in 1937 and is made from cast iron, which is brittle and susceptible to leaks and breaks. Recent water main breaks at this location have caused roadway damage, water service disruptions, property damage, and excessive repair costs. The replacement of the existing cast iron pipe with ductile iron pipe will alleviate potential water main breaks in the future. Staff recommends that the City Council authorize the City Manager to enter into a contract in the amount of $324,516 with J. DeSigio Construction, Inc. for the 2007-08 Water Main Replacement Project. DISCUS510N The water main along EI Monte Avenue, between Duarte Avenue and Camino Real Avenue, has reached the end of its service life. Recent water main breaks at this location the have caused roadway damage, water service disruptions and excessive repair costs. City crews have frequently made emergency repairs to this stretch of pipeline. Cast iron material is brittle and susceptible to leaks and breaks therefore limiting its durability and reliability. Pressure fluctuations combined with minor geological movements and settlement can cause cracks that eventually result in catastrophic failure. On the other hand, ductile iron pipe is corrosion resistant, has the strength of Page 1 of 3 Mayor and City Council February 19, 2007 cast iron, and can tolerate more movement or deflection without developing cracks. The replacement of cast iron pipe with ductile iron pipe will alleviate potential water main breaks in the future. Thus, improving the reliability of the City's water system in the event of a seismic event. Notice of inviting bids was published in the adjudicated paper and bid packages were acquired by area contractors. The City Clerk publicly opened twenty one (21) sealed bids on January 29, 2008 with the following results: RANK FIRM LOCATION BID AMOUNT 1 J. DeSigio Construction, Inc. Arcadia $324,516. 2 LA Builders, Inc. Van Nuys $335,522 3 Dominguez Gen. Eng. Inc Rosemead $336,585 4 Stephen Doreck Eqpt. Rentals ° Long Beach $356,125 5 Robert G Catongia Downey $362,382 6 CP Const. Co Ontario $371,157 7 Ken Tompson Inc. Corona $396,151 8 Boudreau Pipeline Corona $396,555 9 MNR Construction San Dimas $398,120 10 Cedro Construction Inc. Santa Paula $426,733 11 J Fletcher Creamer & Son Sylmar $429,850 12 West Valley Construction San Jose $433,184 13 Gentry Brothers Irwindale $433,300 14 JA Salazar Construction LA Habra Heights $438,800 15 Steve Bubalo Const. Inc. Monrovia $459,875 16 BR Day Construction Inc. Covina $478,054 17 John T, Malloy, Inc Los Angeles $477,100 18 Williams Pipeline Contractors Ventura $477,572 19 Majich Bros, Inc. Altadena $488,560 20 So. Cal. Pipeline.Const Tustin $516,425 21 Herman Weissker, Inc Riverside $654,751 Staff has reviewed the bid documents for content and investigated the contractors' background and recent projects for competency. Staff has concluded that J. DeSigio Construction, Inc. is the lowest responsible bidder to perform the construction of this project. Staff recommends that the City Council award a contract to J. DeSigio Construction, Inc. for the construction of 2007-08 Water Main Replacement Project in the amount of $324,516. ENVIRONMENTAL ANALYSIS This project involves the replacement of existing utility systems and therefore it is categorically exempt per 15302 (c) of the California Environmental Quality Act. Page 2 of 3 Mayor and City Council February 19, 2007 FISCAL IMPACT The 2007-08 Capital Improvement Projects has allocated $500,000 for the Design and Replacement of Various Water Lines to cover the cost of construction, inspection, soil compaction testing, project administration, and contingencies. RECOMMENDATIONS 1. Award a Contract in the amount of $324,516 to J. DeSigio Construction, Inc. for the 200~-08 Water Main Replacement Project. 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. 3. Waive any informality in the bid or bidding process. Approved: ~sr-~~~ Don Penman, City Manager PM:LT:MR Page 3 of 3 A ~~ifen~d \ ~ February 19, 2008 DATE: TO: FROM: SUBJECT: SUMMARY: STAFF REPORT Public Works Services Department Mayor and City Council Pat Malloy, Assistant City Manager/Public Works Services Directot. ~' ' Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Supe~intendent The Public Works Services Department is responsible for the repair and routine maintenance of the City's entire fleet, which consists of over 250 vehicles and pieces of equipment. In order to continue to properly maintain and repair the heavy duty trucks in the City's fleet, staff is recommending that the City Council award a purchase order contract to Automotive Resources, Inc. for the purchase of one (1) mobile lifting system for fleet services in the Public Works Services Department in the amount if $42,890. DISCUSSION: The Fleet Maintenance Section is comprised of unique services and responsibilities to ensure that all transportation needs are met to enable departments to carry out their duties and services to the public. The Fleet Maintenance staff is trained in maintaining and repairing over 250 vehicles and a variety of equipment for the City. Currently, there is only one lube pit capable of servicing heavy duty trucks in the City's garage. Due to the limited workspace, mobile ~ehicle lifts are necessary to increase the service capacity for heavy duty trucks (fire trucks, dump trucks, sweepers, the crane truck, and aerial trucks) that come to the garage for service such as repairs or routine maintenance. Staff has determined that a mobile vehicle lift for the City's heavy duty equipment is the safest and most cost effective manner to expand the service bays for the City's fleet needs. They will particularly benefit in the maintenance of the large fire trucks and apparatus, reducing the turn around time for maintenance on these units. IN THE AMOUNT OF $42.890 Recommendation: Approve Mayor and City Council February 19, 2008 Notice of inviting bids was published in the adjudicated paper and bid packages were acquired by area contractors. The City Clerk publicly opened twenty one (21) sealed bids on December 27, 2007 with the following results: FIRM LOCATION BID AMOUNT Southwest Lift Systems San Bernardino, CA $38,485 (includes 8.25% tax) Automotive Resources, Inc. Manassas, VA $42,890 (includes 8.25% tax) Staff has reviewed the bid documents for content and investigated the vendors' background and recent projects for competency. The lowest bid submitted by Southwest Lift Systems failed to meet the required bid specifications. Particularty, staff requested electrical/mechanical lifts through a hardened ball bearing screw nut assembly and a dedicated master post that would allow the mechanic to shift cnntrol of the columns while the vehicle is in the lift position. Southwest Lift Systems submitted a pricing for hydraulic lifts without the ball bearing screw or the dedicated master post. More importantly, Southwest Lift Systems equipment did not have the required electric disc brake holding system, a safety feature that would keep the vehicle lifted should the entire mobile lift system fail. For these reasons, Southwest Lift Systems' bid was disqualified Automotive Resources; Inc. is the next lowest responsible bidder to provide mobile vehicle lifts that meet all required specifications. Therefore, staff recommends that the City Council award a purchase order contract to Automotive Resources, Inc. for the purchase of one (1) mobile lifting system for fleet services in the Public Works Services Department in the amount if $42,890. FISCAL IMPACT: Funds in the amount of $43,000 have been budgeted in the 2007-08 Equipment Replacement Fund to purchase this equipment. RECOMMENDATION: 1. Approve the purchase of one (1) mobile lifting system for Fleet Services in the Public Works Services Department in the amount of $42,890. 2. Waive any informality in the bid or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved: -,_~rY~ ~Gwrr~+-v~i Don Penman, City Manager PM:TT:DM \ /. ST'AFF REPORT Public Works Services Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Pat Nlalloy, Assistant City Manager/Public Works Services Direc or , Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: AWARD A PURCHASE ORDER TO CLIPPENGER FLEET SERVICES Recommendation: Approve SUMMARY: Staff is recommending that the City Council award a purchase order contract to Clippenger Fleet Services for the purchase of one (1) 2007 Chevrolet Suburban in the amount if $42,900. Funds in the amount of $90,000 have been budgeted for this vehicle acquisition, emergency lighting, telecommunication equipment and outFitting for a dedicated Fire command vehicle in the 2007-08 Equipment Replacement Budget. DISCUSSION: The City's vehicle replacement program makes recommendations for the replacement of the City's rolling fleet based on age and/or mileage. The existing 1992 Chevrolet Suburban exceeds the City's Vehicle Replacement Age Criteria for Fire light duty trucks. Therefore, one (1) 2007 Chevrolet Suburban is recommended to be purchased to replace the existing 1992 Chevrolet Suburban The total amount to purchase one (1) new 2007 Chevrolet Suburban is $42,900. The remaining funds in the Equipment Replacement Budget will be used to equip the new vehicle with fueling transmitter packages, contracted installation of all emergency and telecommunication equipment, and the installation of Fire command equipment inside the interior cargo space of the vehicle. Staff investigated cooperative purchase agreements (also known as "piggy-backing") with other larger municipalities for vehicles with specifications that are equal to or greater than the City of Arcadia's. The Los Angeles County Sheriff's Department, in cooperation with Clippenger Fleet Services has authorized the City of Arcadia to receive Page 1 of 2 Mayor and City Council February 19, 2008 the same unit price as the purchase of LA County Sheriff Departments Suburban. This benefits the City by allowing the purchase of this vehicle at a low competitive price per unit. Staff has determined that this vendor is a qualified company providing a vehicle that can meet City specifications. Therefore, staff recommends that the City Council award a purchase contract to Clippenger Fleet Services for the purchase of one (1) 2007 Chevrolet Suburban in the amount of $42,900. FISCAL IMPACT: Funds in the amount of $90,000 have been budgeted in the 2007-08 Equipment Replacement Fund to purchase and equip this vehicle. RECOMMENDATION: Approve the purchase of one (1) 2007 Chevrolet Suburban Fire unit in the amount of $42,900 from Clippenger Fleet Services. 2. Waive the formal bidding process and authorize a cooperative purchase with Clippenger Fleet Services using the 2007 Los Angeles County Sheriff's Department purchase order unit price. Approved: ~ ~~-i Don Penman, City Manager PM:TT:DM Page 2 of 2 ; :.°..~~ ~ i S'TAFF REPORT Police Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Robert P. Sanderson, Police Chief~ By: Nancy Chik, Management Anal~tst~= SUBJECT: Purchase of a CrimeView Mao~ina Proaram Uoarade for the Police Department Recommendation: Waive the formal bid process and authorize the City Manager to enter into a Professional Services Agreement with The Omega Group for a crime analysis mapping program upgrade for the Police DepartmenYs Crime Analysis Unit in an amount not to exceed $18,995.00. SUMMARY: Staff recommends that the City Council approve the purchase of an upgrade to its current CrimeView mapping program used in the Crime Analysis Unit of the Police Department in the amount of $18,995.00. Funds have been budgeted in the FY 2007- 2008 Capital Improvement budget for this purchase. BACKGROUND AND DISCUSSION: The current crime analysis mapping program was purchased over 10 years ago when the Crime Analysis Unit was established. Other than a few minor software upgrades, the system is virtuaily the same since 1997. The CrimeView program is currently used to identify crime trends and patterns and lists locations of probationers, sex offenders, parolees, and arsonists. It will manually generate maps and analyze crime trends and patterns after a rather cumbersome process. The new program upgrade is a complete rebuild of the CrimeView application, and it will interface with the DepartmenYs Computer Aided Dispatch (CAD) and Records Management System (RMS), which can not be done with the current program. With the upgrade, the crime analyst will be able to extract crime data from the CAD and RMS systems, and he will be able to generate more comprehensive reports and maps. The upgrade will also enhance the crime analysYs ability to conduct queries and analyze data. It will automatically generate reports, density maps, cyclical reports, year- to-year or month-to-month comparison charts, and statistical profiler (forecaster) that can project when the next event will most likely occur based on historical data. Threshold email alerts are also automatically sent to various individuals or sections when certain criminal activities reach a particular level. CrimeView is an important tool that is used on a daily basis to assist our officers in deterring crime. Over 350 law enforcement agencies currently use the CrimeView program for crime analysis, and it offers the most comprehensive tools and features available on the market. A similar program that is not as robust and has less features will cost approximately $30,000. Therefore, staff recommends purchasing the CrimeView upgrade from The Omega Group in the amount of $18,995.00. FISCAL IMPACT: Staff has budgeted a total of $20,000 in the FY 2007-2008 Capital Improvement budget for this program upgrade. RECOMMENDATION: Waive the formal bid process and authorize the City Manager to enter into a Professional Services Agreement with The Omega Group for a crime analysis mapping program upgrade for the Police DepartmenYs Crime Analysis Unit in an amount not to exceed $18,995.00. APPROVED BY: ~~~~ ~~ Don Penman, City Manager \ /. DATE: February 19, 2008 STAFF REPORT Administrative Services Department TO: Mayor and City Council FROM: Mike Yelton, Interim Administrative Services Director~i5~ Michael A. Casalou, Human Resources Administrator ' SUBJECT: Resolution No. 6615 establishinq compensation and related bene ~APOA) for October 1, 2007 throuqh June 30. 2011 Recommendation: Adopt SUMMARY Resolution No. 6615 establishes terms of employment and compensation for City employees represented by the Arcadia Police Officers' Association -(APOA). Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning wages, benefits and working conditions with the APOA. Staff is recommending the City Council adopt Resolution No. 6615, establishing compensation and benefits as outlined in the Memorandum of Understanding (MOU) effective October 1, 2007 through June 30, 2011. DISCUSSION City staff and the labor negotiator representing the City have completed discussions with the negotiating committee of the APOA. The resolution presented for adoption reflects a continuation of past compensation and benefits, as well as new items where agreements have been reached. Other issues not addressed below shall remain in full force and effect as set forth in the existing Memorandum of Understanding. The proposed term of the agreement is October 1, 2007 through June 30, 2011. In April 2007, the City conducted a total compensation study that was completed by Johnson & Associates, LLC. The survey was subsequently revised in June 2007 to include known increases in salary by labor market cities. The MOU reflects the implementation of that plan retroactive to October 1 2007. As a result of the study, all three classifications within this bargaining unit received salary schedule increases of 5% to 10%. Mayor and City Council February 19, 2008 Page 2 of 2 Effective July 1, 2008, July 1, 2009 and July 1, 2010, the salary schedule of all employees in this bargaining group shall be improved by 1.5%, 2.5% and 4.75% respectively. Other changes in the current MOU include increases in medical contributions over the next four years, and an increase in the amount for tuition reimbursement, uniform allowance and life insurance. Special assignment pay for full- time assignments and.stipends for part-time assignments have been instituted, as well as an increase in the number of inembers eligible for bilingual pay and a conversion of a floating holiday to a state holiday has also been agreed upon. FISCAL IMPACT This agreement will increase the total City Budget by an estimated $1,661,085 over the next four years. Su~cient funds are available in the fiscal year 2007-08 budget to implement the first year salary,and benefit changes detailed in the resolution. RECOMMENDATION Adopt Resolution No. 6615 of the City Council of the City of Arcadia, California establishing compensation and related benefits for employees represented by the Arcadia Police Officers' Association for October 1, 2007 through June 30, 2011. APPROVED: ~ tn'4-l~.~~r..rr~,r-~ Donald Penman, City Manager RESOLUTION NO. 6615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE OFFICERS' ASSOCIATION ("APOA") FOR OCTOBER 1, 2007 THROUGH JUNE 30, 2011 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1, The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia Police Officers' Association ("APOA") dated effective as of October 1, 2007, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on. behalf of the City. The salary and benefits for employees represented by APOA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall ceRify to the adoption of this Resolution. Passed, approved and adopted this day of , 2008. ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Mayor of the City of Arcadia .. --r ~ ~~~~ .i City Attomey TABLE OF CONTENTS Paqe Article I Parties and Recognition 1 Appropriate Unit 1 Mutual Recommendation 1 Article II Terms 2 Savings Clause 2 Article III Association Rights . 3-4 • Right to Join 3 • USe of Bulletin Boards 3 • Payroll Deduction 3 • Reasonable Notice 3 • Awards and Safety Committees 4 Article IV Management Rights 5 Article V Compensation 6-9 • General Compensation 6. • Assignment Pay 6-7 • Special Assignment Stipend 7 . Bilingual Pay 7 • Promotion or Step Advancement 7 • Educationai Incentive Compensation 7-8 • Canine Officer Detail 9 • Negotiating Team 9 Article VI Overtime 10-11 • Premium Overtime Compensation 10 • Straight or Compensatory Time Off 10-11 • Court Time 11 • Movie Detail 11 Article VII Stability Pay/Longevity Pay 12-13 • Stability Pay 12 • Longevity Pay 12-13 Article V~II Retirement 14 Article IX Health, Dental and Life Insurance 15-17 • Retiree Health Insurance 17 Article X Disability Income Insurance 18 -i- TABLE OF CONTENTS (CONT.) Page Article XI Employee Physicals 19 Article XII Uniforms 20 Article XIII Tuition Reimbursements 21 Article XIV Leaves 22-27 • Provided For 22 • Power to Grant Leaves 22 . Military Leave 23 • Vacation Leave 24-25 • Sick Leave 25-26 • Workers' Compensation 26 • Holidays . 27 . Jury Leave 27 • Witness Leave 27 • Unauthorized Absence 27 Article XV Probationary Period 28 Article XVI Shifts 29 Article XVII Response Time 30 Article XVIiI Patrol Work Schedule and Training Assignments 31 Article XIX Utilization of Reserve Police Officers 32 Article XX Employee Grievances 33-46 Article XXI Full Understanding/Execution of Agreement 47 Appendix "A" Salary Schedule -ii- ARTICLE 1 Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia Police Officers' 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.seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Police Officer Police Agent ~ Police Sergeant Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, City of Arcadia, for determination. ARTICLE ll Section A. TERMS The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shali be effective for the period beginning October 1, 2007 and ending June 30, 2011. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by preemptive legislation, that provision shall be deemed stricken from the agreement and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining sections of the Agreement shall remain in full force and effect. , -2- ARTICLE !l! Section A. Section B. Section C. Section D. ASSOCIATION RIGHTS 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. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin board where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. all postings for bulletin boards must contain the date of posting and the identification of the organization and 2. the Association will not post information which is defamatory or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as voluntarily authorized in writing by the employee on the City form subject to the following conditions: 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shalh be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to two authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Commission with the name and addresses of the two authorized representatives within five days of the effective date of this agreement. -3- ARTICLE /V 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 e~ciency 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- ART/CLE V C~MPENSATlON Section A. GENERAL COMPENSATION 1. The City shall continue to pay the 9% employee contribution to the Public Employee's Retirement System. 2. The City's compensation study was completed in April 2007 and revised in June of 2007. The study utilized a labor market for the City, which included police service salary data for the County of Los Angeles; and the cities of Alhambra, Burbank, Covina, Downey, EI Monte, Gardena, Glendora, Monrovia, Monterey Park, Nonvalk, Pasadena, West Covina; and Whittier. As a result of the compensation plan, effective October 1, 2007, the salary schedule for the classifications of Police Officer and Police Agent shall be improved by ten percent (10%), and the classification of P.olice Sergeant shall be improved by flve percent (5%). The Salary Schedule (Appendix A) reflects these changes. Effective October 1, 2007, employees in these classifications will be placed 5% above their September 30, 2007 salary. In accordance with the compensation study, employees in the classifications of Police Officer and Police Agent will receive an additional 5% increase, but not to exceed the top of the salary range, effective July 1, 2008, as a result of the compensation plan. 3. In addition to the compensation plan adjustments provided for above, the following salary increases shall be implemented: a. Effective July 1, 2008: Police Sergeants - six and one-half percent (6-1/2%); Police Officers and Police Agents - one and one-half percent (1-1/2%). b. Effective July 1, 2009: Police O~cer, Police Agent and Police Sergeant - two and one-half percent (2-1/2%). c: Effective July 1, 2010: Police Officer, Police Agent and Police Sergeant - four and three-quarters' percent (4-3/4°/a). Section B. ASSIGNMENT PAY 1. During the term of this agreement, a Police O~cer/Agent and supervising Sergeant assigned by the Chief or his designee to perform the extra duty and responsibility of training new Police Officers shall receive an additional five percent (5%) per pay period, in addition to base salary during the period of the assignment. -6- 2. Effective October 1, 2007, an employee assigned by the Chief of Police to perForm the duties and responsibilities of Detective, School Resource Officer, Traffic Officer and Personnel and Training shall receive five percent (5%), in addition to base salary during the period of assignment. Section C. SPECIAL ASSIGNMENT STIPEND Effective October 1, 2007, employees assigned to Major Accident Investigations Team (MAIT), Special Weapons and Tactics (SWAT), Foothill Air Support Team (FAST), Force Training Unit (FTU), Arcadia Mounted Patrol Team (AMET), Explorer Advisor (2), Reserve Coordinator (1) and other assignments approved by the Chief of Police shall receive a stipend of $28.85 per pay period, in addition to base salary, and any regular special assignment pay, during the period of assignment. An employee assigned to two or more of these assignments at the same time, and who is not receiving assignment pay pursuant to Section B., above, shall receive $57.69 per pay period, in addition to base salary, during the period of the assignment. Section D. BILINGUAL PAY During the term of this agreement, the City will offer a bilingual bonus program. To qualify, bargaining unit members must pass the test developed or utilized by the City for languages specified by the City. No more than twelve (12) members will bg_eligible_to_gualify_for the bonus,_unless__an_increas_e_in the ._ ___ _ number of eligible employees is recommended by the Police Chief and approved by the City Manager. A member designated to receive a bilingual bonus shall receive $46.15 per pay period in addition to his base salary. Section E. 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 one step increase in compensation unless the top step in such range provides less than one step increase. Such one step shall be measured by the range from which the empioyee 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 F. EDUCATIONAL INCENTIVE COMPENSATION 1. Du~ing the term of this agreement, for the classifications listed above, the City shall provide an education incentive program. Qualified employees who possess an Associate of Arts degree shall receive an additional 2 1/2% as their regular salary. Employees who possess a Bachelor of Arts or Sciences degree shall receive an additional 5% as -7- their regular salary. Employees shall not receive in excess of 5% for any educational incentive. Employees shall qualify for the 2 1/2% education bonus when they have satisfied the basic education and training requirements by one of the following methods: a. The sworn employee shall have been awarded an Associate of Arts or Associate in Science degree in Police Science, Police Administration or related degree by an institution accredited by the California Department of Education. b. The sworn employee shall have 60 or more college units acceptable to a coliege or university which is accredited by the California Department of Education towards a Baccalaureate degree and have completed a minimum of 20 units in police related courses acceptable to an accredited California Junior College towards an Associate in Arts Degree in Police Science, Police Administration or related degree. 2. Employees shall qualify for the 5°/a education bonus upon receiving a Bachelor of Arts or Bachelor of Science degree from an institution accredited by the California Department of Education. 3. Effective October 1, 2007, each employee who has earned an Intermediate P.0.5.T. Certificate shall receive an additional five percent (5%) of their regular salary. Employees who have earned an Advanced P.O.S.T. Certificate shall receive an additional eleven percent (11 %) of their regular salary. The P.O.S.T. Certification pay may not be combined with educational incentive compensation provided in Article V, Section E. 1. By-way of exampie, and not limitation, an eligible employee with a B.A. degree and an Advanced P.O.S.T. Certificate would receive the Certificate pay of eleven percent (11%), but would not receive the B.A. degree pay of 5%. An eligible employee with a B.A. degree and an Intermediate P.O.S.T. Certificate would receive the B.A. degree pay of 5%, but wouid not receive the Certificate pay of five percent (5%). 4. Members who qualify for any step advancement based on education shall provide to the Police Chief a copy of their transcript, which shows attainment of the qualifying education. The copy of the transcript shall then be placed in their personnel file. Additionally, members who qualify for the P.O.S.T. Certification bonus pay shall provide to the Police Chief a copy of the Intermediate or Advanced Certificate. The copy of the Certificate shall then be placed in their personnel file -g- Section G. CANINE OFFICER DETAIL Employees assigned to canine detail shall be paid an additionai fifteen (15) hours per month at one and one half times their regular rate of pay, which is the reasonable number of hours per month that the canine officer spends feeding, grooming and caring for the dog which has been assigned to the officer as well as maintaining the canine vehicle/unit off duty. Employees assigned to the canine officer detail who must take their canine to the veterinarian in an emergency shall submit a written request to the Police Chief or the Chiefs assigned designee for additional compensation for the hours spent performing such work. In addition, if a canine o~cer will be required to perform duties (in rare occurrences), which cause a substantial increase in the normal off-duty hours worked for that month, he/she may request, in advance of the work, that additional compensation be provided. Such additional compensation must be approved in advance before any such work is performed. Any additional compensation shall be compensated at one and one half times their regular rate of pay. Section H. NEGOTIATING TEAM In lieu of adjustment of shift assignments and/or additional compensation, the five members of the Arcadia Police Officers' Association negotiating team shall receive sixteen (16) hours of comp time (at straight time) credited to each employee's account. -9- ARTICLE VI OVERTIME Section A. The Chief of Police may require employees in the Police Department to work at any time other than during regular working hours until such work is accomplished. Section B. PREMIUM OVERTIME COMPENSATION The work period for sworn personnel who work a 5 day on-2 day off work week and/or a 3/12 work, schedule, and/or a 4/10 work schedule, and/or a 9/80 work schedule is 28 days. The work period for sworn personnel who work a 4 day on-2 day off work week is 24 days. Effective retroactive to July 1, 1998, any such employee who is required to work in excess of his or her regularly scheduled work day or work period, as defined above, shall be compensated at the rate of time and one-half the employee's regular rate of pay. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. For purposes of overtime calculation, paid leaves of absence shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one-quarter hour. Section C. STRAIGHT OR COMPENSATORY TIME OFF Overtime compensation shall be in cash or compensatory time off at the employee's option, subject to the provisions herein below. All previously uncompensated overtime covering the period between July 1, 1998 and the beginning of the first pay period commencing after the date this Agreement is ratified by the City Council shall be paid in cash. An employee may accumulate up to a maximum of 100 hours in his/her compensatory time off bank. Compensatory time off may be taken at the option of the employee subject to the approval of the DepartmenYs designated representative. Outside reimbursable overtime shall be administered in accordance with the Manual of the Arcadia Police Department and shall be compensated only in cash. Notwithstanding the above, employees who work traffic control assignments at Santa Anita Race Track related to horse racing shall be.compensated four hours at the rate of time and one-half the employee's regular rate of pay. An employee who is cancelled from working a traffic assignment at Santa Anita Race Track with less than 24 hours prior notice shall receive three hours of straight time at the employees regular rate of pay. -10- An employee who is recalled to the work site after completing a day's work, including any overtime, shall receive a minimum of two hours of straight time or time and one-half of the hours actually worked, whatever is greater. A recalled officer must arrive at the station or the scene of the event in order to be compensated. Section D. COURT TIME When an officer is required by the City to report to court to testify during the officer's off-duty time, the officer shall receive a minimum of four (4) hours of straight time or the actual time in court at the appropriate rate, whichever is greater. If the officer reports during the morning session, is released by the court but ordered to return after a significant break in time to testify during the court's afternoon session, the off-duty officer shall be entitled to receive an additional four (4) hours at straight time or the actual time in court, whichever is greater. The Court's lunch break shall not constitute a significant break in time. Lunch breaks are unpaid. Whenever an o~cer is placed "on-call" pursuant to a court subpoena while otherwise off-duty, he shall receive compensation for being "on-call" at the rate of two (2) hours of straight time pay for each day spent in that status. However, except as described below, this pay shall not be provided on any day the officer is called to appear in court and is compensated for that appearance pursuant to the above paragraph. When an officer, during the officer's off-duty time, reports to court in the morning and is issued an "on-cail" subpoena for the afternoon, in addition to the four (4) hours at straight time pay the officer receives for reporting in the morning, the officer shall receive two (2) hours of straight time pay for that aftemoon session. In the event the officer is called to report to court that afternoon, the officer shall receive four (4) hours pay at straight time or overtime pay for the actual time in court, whichever is greater, in lieu of the two (2) hours of "on-call" pay. Section E. MOVIE DETAIL When a full-time sworn member performs overtime duty for movie or other commercial filming projects for which the City will be reimbursed, he/she shall be paid at time and one half the regular rate for the actual time worked or for six hours at straight time, whichever is greater. , When scheduling overtime duty for this purpose, no shift shall be scheduled for less than six hours unless the total filming day schedule is less than a six-hour day. ARTICLE V!! Section A. STABILITY PAY20NGEVITY PAY STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. The pian 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. Compieted 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 Section B. Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Effective January 1, 1984, stability pay will only be applicable to employees who were hired prior to January 1, 1984. LONGEVITY PAY Effective December 1, 2006, a Longevity Pay benefit will be implemented based on the following formula: Completed Years of Service Amount 5 - 9 Years $1,000 10 - 14 Years $1,500 15 Years and beyond $2,000 -12- ARTICLE VII (continued) Cash longevity payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. There is no pro-ration of this benefit. The foregoing amounts shall be subject to applicable payroll deductions. -13- ARTICLE Vlll Section A. For the classifications of Police Officer, Police Agent, and Police Sergeant, the retirement plan shall include the following options: 1. One year final compensation. 2. Post Retirement Survivor Continuance. 3. Credit for Unused Sick Leave (Sec.20862.8) maximum of six months. 4. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($ .93) per pay period. 5. Third level 1959 Survivors Benefit increased allowance (Sec.21382.4 of the Government Code). 6. The City agrees to contract with PERS to provide a Military Service Credit as Public Service option, Section 21024. It is agreed and understood that the employee is responsible for paying for this benefit. 7. 3% at age 50 retirement formula as provided in Government Code - Section 21362.2. 8. The City of Arcadia agrees to report to the Public Employees' Retirement System (PERS) as special compensation and "compensation earnable" the entire value of the employer payment of the required employee retirement contribution to PERS, as set forth in Article V A I of this Agreement. -14- ARTICLE IX HEALTH. DENTAL AND LlFE 1NSURANCE Section A. Effective October 1, 2007, the City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: CaIPERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance - mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the two dental plans. Additional coverage 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 based on the employee's dependent status. Single employees without dependents, hereinafter referred to as "Empioyee only," shall receive a contribution from the City towards the cost of premiums not to exceed 413.80/month. Employees with one qualified dependent, hereinafter referred to as "Employee + 1," shall receive a contribution from the City towards the cost of premiums not to exceed $648.80/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 $792.80/month (These contribution amounts reffect a$115.00 increase over the prior contrac~. Effective January 1, 2009, the City's maximum contributions towards the Optional Benefit Plan shall increase to: Employee Only - $457.80 per month Employee + 1 - $692.80 per month Family - $836.80 per month Effective July 1, 2009, the City's maximum contributions towards the Optionai Benefit Plan shall increase to: Employee Only - $507.80 per month Employee + 1 - $742.80 per month Family - $886.80 per month -15- ARTICLE /X (continued) Effective July 1; 2010, the City's maximum contributions , towards the Optional Benefit Plan shall increase to: Employee Only - $632.80 per month Employee + 1 - $867.80 per month Family - $1,011.80 per 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 coriditions controlling enroliment periods and eligibility established by the respective plans or carriers. Dependent enrollment will require proof of eligibiliry for dependent status such as marriage, birth and adoption certificate. 4. Life Insurance The City shall provide life insurance benefit of $25,000.00 for eligible employees. 5. Flexible Spending Plan The City agrees to continue to make available the options provided by IRC 125 for the pre-tax treatment of salary for the purposes of dependent day care and premium payment. 6. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal years 2007-2011. This vision plan will be Vision Service Pian, option B. The City will pay the premium up to the cost of the family plan. -16- ARTICLE 1X (continued) Section B. RETIREE HEALTH INSURANCE For employees retiring from the City on or after the effective date of this letter of agreement, the City agrees to pay the employee and spouse heaith insurance premium for eligible retirees from the classifications of sworn personnel represented by this agreement. Payment shall cease for the retiree upon eligibility for Medicare coverage, and payment will cease for the spouse upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. If the retired employee and/or spouse have other group medical coverage available to him/her, then this other group insurance shall be primary and the City's health insurance plan shail function as secondary co-insurance. An eligible retiree is a sworn unit member who retires on a service, disability, or industrial disability retirement and has one thousand (1000) hours of accumulated sick leave at the date ~f retirement. An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of retirement may become eligibie for coverage for the employee only health insurance premium by paying the City an amount equal to his daily pay rate at the time of retirement times the number of days needed to meet the one thousand (1000) hours of accumulated sick leave requirement. In addition, the eligible employee must apply prior to retirement for such coverage through the City's Human Resources Division. The Association shall notify the City's Human Resources Division in the event of the death of a retired member. Effective February 1, 1999 retirees will be subject to the terms of the CaiPERS Health Program. In this program the City will pay to CaIPERS $1.00 per month for the retiree's health insurance. This amount increases annually by 5°/a until it is equal to the City contribution for active employees of $16.00 per month. The difference between this contribution and the employee only cost of the insurance selected by the retiree will be refunded to the retiree by the City on the monthly basis based on a report by CaIPERS of the retiree's continued enroliment. In order to be eligible for retiree health coverage, the employee, and if applicable, the employee's spouse, must be enrolled in a City-sponsored health plan as of the retiree's last day of work. -17- ARTICLE X DISABILITY INCOME 1NSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $14:18 per employee, covered by this agreement during the life of the agreement. -18- ARTICLE Xl EMPLOYEE PHYSICALS Section A. Unit members shall receive a comprehensive physical examination during the term of this agreement. The City shall establish the terms of the physical examinations. Examinations shall be on an annual basis for sworn members of classifications represented by this agreement who are age 40 years or over 40 years of age. Examinations shall be on a biennial basis for sworn members of classifications represented by this agreement who are under 40 years of age. Once those terms have been established by the City, neither party shall be prevented from seeking, through the meet and confer process, changes to become effective at the expiration of this agreement. -19- ARTICLE Xll UNIFORMS Section A. For the classifications of Police 5ergeant, Police Agent and Police Officer, in addition to the City's initial uniform issue, there shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Shoes Section B. The program shall be administered by, and at the direction of the City, for the purpose of providing replacement of worn items and items damaged in the line of duty anly. Section C. The Chief or designee shall meet with APOA representatives during fiscal year 1995-96 for the purpose of identifying uniform and safety related equipment that may be purchased through the DepartmenYs Uniform Replacement Program. A list of optional items will be developed that represented employees may purchase. Each Police Sergeant, Police Agent and Police Officer shall be provided a $750.00 check at the beginning of each fiscal year to spend on optionai safety equipment, shoes and boots. Any safety equipment reimbursement made during the year shall be deducted from this allowance. Section D. Detectives, Community and Youth Services Personnel and the individual assigned to Personnel and Training may be reimbursed up to a maximum of $300 during the first consecutive 12 months of the assignment and during each successive 12 months of the assignment each for the purchase of sports coat, slacks, dress shirts, ties and suits in lieu of the shirt and trousers uniform replacement program referred to in Section A above. Reimbursement shall be provided after the employee provides the Department with original proof of purchase receipts. All employees shall maintain a regular uniform in the event that duties require it. The reimbursement(s) shall not be considered as salary or compensation and shall not be taken into consideration in computing overtime, or payment for leave of any kind or for the computatiorrof any supplemental benefit. -20- ARTICLE Xlll TUITION REIMBURSEMENT Section A. The Tuition Loan/Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition loan or reimbursement shall be paid at the California State University rates plus $100.00 per year for qualified expenses, including, but not limited to, campus parking fees and textbooks. The tuition loan or reimbursement shall only be for courses that are directly related to the employee's position as determined by the City Manager. Only courses, specialized training, or degree programs "job-related" to permanent part-time and permanent full-time positions will be considered for tuition loan or reimbursement. All course work must be completed while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. 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. -21- ART/CLE X/V IEAVES 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. 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 constitufe an interruption of service. -22- ARTlCLEXIV (continued) Section C. MILITARY LEAVE Military leave shall be granted in accordance with the provisions of the applicable California State Law. All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. If the officer or employee taking such leave for military service has been in the employ of the City for one year or more, next immediately preceding the date from which leave begins, he shall be allowed his regular salary or compensation for a period of not more than thirty days in any calendar year or during any continuous leave of absence. If such employee has been in the employ of the City for less than one year immediately preceding the date upon which such leave of absence begins, such leave granted under this section shall be without pay. Upon requesting military leave, the employee must complete the required forms and submit to the City Manager through his appointing power a copy of his military orders. The foregoing limitations on leave of absence do not apply to employees who are drafted or receive order to military duty for extended periods of time during war or national emergencies. Every employee who has been on extended military duty shall report back for the performance of the duties of his employment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termination of his employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his City employment. Employees prior to being returned to employment from military leave shall submit other than a dishonorable discharge, and take and pass a medical examination by a physician designated by the City Manager. Upon failure of a returning employee to submit other than a dishonorable discharge or pass the required medical examination, he shall not be entitied to return to his employment with the City. Employees on extended military leave shall not lose or accumulate sick leave, vacation, seniority or other privileges because of such leave. -23- ARTlCLEXIV (continued) Section D. VACATION LEAVE 1. Employees in the classifications of Police Officer, Police Agent, and Police Sergeant with the exception of temporary appointments, shall accumulate vacation beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first ten years of continuous full time employment with the City and at the rate of 6.77 hours per pay period after the comp~etion of ten years of continuous full time employment with the City. 2. Effective July 1, 1996, employees in the classifications of Police Officer, Police Agent, and Police Sergeant, with the exception of temporary appointments, shall accumulate vacation: beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first five years of continuous full time employment with the City; at the rate of 6.15 hours per pay period after the completion of five years of continuous full time employment with the City; at the rate of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City; and at the rate of 7.69 hours per pay period after the completion of fifteen years of continuous full time employment with the City. 3. Vacation may not be accumulated beyond the amount accumulable for a sixty-five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or past practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces the total below the allowable maximum within six (6) months. An employee who has previously requested and was granted approval of vacation leave for use during the last three (3) months of the calendar year and is unable to utilize such leave because of the City's cancellation of leave shall be allowed to carry over the excess leave time into the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 4. Upon termination, vacation used shall be prorated against vacation earned. City employees who leave the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at their rate of compensation applicable at the time they leave the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. -24- ARTICLE X/V (confinuedJ 5. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE 1. All employees in classifications represented by this agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.69 hours for each pay period of service completed with the City. Sworn employees may accumulate up to a maximum of 1,300 hours sick leave. 2. Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. 3. Sick leave may be used by an employee when their attendance upon a rriember 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 currentiy residing in the employee's household or the employee's minor children. 4. Sick leave may be used by an employee in accordance with paragraph 2 and 3 above. Any employee when off-duty as a result of personal or family illness shall report the fact immediately to his supervisor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to his absence, a. While absent from duty because of sickness or disability, the Officer shall remain at their residence or place of confinement unless otherwise authorized by a physician or his supervisor. b. The term "immediately" means that the employee or someone acting for the employee shall notify the department as soon as it becomes apparent that the employee will not be able to report for duty. -25- ARTICLEXIV (confinued) 5. An employee represented by this agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of;the Police Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfather, brother or sister, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, up to a maximum of three (3) working days at one time, shall not be charged against sick or other leave. If ove~ three (3) working days of such leave is granted, at one time, that amount over three (3) days shall be charged against sick or other leave. 6. The Chief of Police and the City Manager may require evidence of the reason for any employee's absence during the time for which sick leave is requested. If the employee fails to provide such evidence as required by the Police Department and within the time limit specified by the Department, the absence will be charged to leave without pay. 7. The Police Chief and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensated outside employment. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury up to a maximum of one year from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. -26- ARTICLEX/V (confinuedJ Section G. HOLIDAYS Employees in the classifications of Police Officer, Police Agent, and Police Sergeant shall be allowed the following holidays with eight (8) hours of straight pay and no others at the beginning of the fiscal year: New Year's Day Labor Day Martin Luther King Jr. Day Admission Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Section H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay not to exceed 10 days per year. The employee shall remit to the City all fees received except mileage. Section I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. _Z~_ ARTICLE XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for eighteen months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for twelve months before attaining permanent sta(us. _Zg_ ARTICLE XV/ SHIFTS Section A. The existing patroi shift assignment bidding procedure shall be maintained for sworn unit members hired prior to July 1, 1983. Sworn unit members hired on or after July 1, 1983, may be assigned to patrol shifts as determined by police management. Sworn unit members hired on or after July 1, 1983, shall not dispiace sworn unit members hired prior to that date, except during the probationary period and only to the extent that such displacement is equitably distributed among the shifts. In no event shall the displacement on day shift exceed two (2) slots. It is understood by and between the parties hereto that the past practice developed with respect to the assignment bidding procedure shail be maintained and will be unaffected by the assignment of personnel who are hired on or after July 1, 1983. -29- ARTICLE XVII RESPONSE TIME Section A. Due to the emergency requirements of prompt response time, all sworr members of the unit must live within a fifty (50) mile radius of the Police Station. Sworn unit employees who currently live outside the fifty (50) mile distance shall not be required to move; however, they shall not move to any location that is a further distance than that distance they resided at on July 1, 1991. -30- ARTICLE XVIU PATROL WORK SCNEDULE AND TRAlNING SCHEDULE Officers in patrol will be assigned a 3-12 work schedule. Police management and APOA representatives shail meet as needed to review and make adjustments to ensure efficient and effective patrol operations. Final approval of all adjustments to the 3-12 work schedule rests with the Chief of Police. -31- ARTICLE XIX UTILIZATION OF RESERVE POLICE OFFICERS The City of Arcadia and the Arcadia Police Officers' Association (APOA) agree to the utilization of reserve police officers in specified circumstances to augment staffing needs. The assignment of single-person reserve officers to patrol, detective, race track posts, movie details, or outside reimbursable assignments would only be made once regular officers have had an opportunity per department practice to voluntarily sign-up for these details. Prior to a force-hire situation, a qualified reserve officer may be called to work the detail. Should a reserve officer not be available, the normal force hire situation would apply to regular officers. -32- ARTICLE XX EMPLOYEE GRlEVANCES Section 1. DEFINITIONS a. Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. b. Grievant An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations. c. Department Head The department head or designee. d. Work dav A work day is any day the City offices are regularly open for business. e. Exclusions from the Grievance Procedure 1. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. 2. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU andlor City/Department Personnei Rules and Regulations are grievable. 3. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the -33- MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. 4. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City's Personnel Rules and Regulations. 5. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Section 2. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will ~not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section 3. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section 4. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section 5. FORMAL GRIEVANCE PROCEDURE a. 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: -34- 1. The specific section of the rules or MOU allegedly violated. 2. The specific act or omission which gave rise to the alleged violation. 3. The date or dates on which the violation occurred. 4. Documents, witnesses or evidence in support of the grievance. 5. The resolution of the grievance at the informal stage. 6. 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 shail render a decision in writing, on the grievance form, within ten (10) working days after receiving the grievance. ~ , b. Department Head Review If the employee does not agree with the decision of the next level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) working days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer, c. Human Resources and Risk Manaqer If the employee is not in agreement with the decision reached by the department head, within ten (10) working days after receiving the department head's decision or twenty (20) days from the date the department administrator received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources and Risk Manager on the official City grievance form. The Human Resources and Risk Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources and Risk Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. -35- d. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources and Risk Manager or if the Human Resources Manager has failed to respond, the employee shall present the grievance to the Human Resources Commission within ten (10) working days from the date of receipt of the Human Resources and Risk Manager's decision or twenty (20) working days from the date the Human Resources and Risk Manager received the grievance but failed to issue a decision. Section 6. APPEAL TO HUMAN RESOURCES COMMISSION a. Scheduling of Hearinq Upon receipt of the request for an appeal, the City shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. b. Publio Hearinqs All hearings shail be open to the public. c. Pre-Hearinq Procedure 1. Subqoenas 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. 2. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed -36- down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. 3. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. d. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. e. Payment of Emplovee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. f. Conduct of the Hearina 1. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. 2. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. 3. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. 4. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 5. Irrelevant and unduly repetitious evidence may be excluded. -37- 6. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. 7. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 8. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. g. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. h. Proceed with Hearinq or Request for Continuance Each side should be asked if it is ready to proceed. If ~ither 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. i. Testimonv under Oath All witnesses shall be sworn in for the record prior to offe~ing testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the fol lowing: "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?" Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: 1. The Human Resources Commission Chair shall announce the issues after a review of the statement of issues presented by each party. 2. The grievant (employee) shall be permitted to make an opening statement. 3. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. 4. The grievant shall produce his/her evidence. -38- 5. The respondent may then offer its evidence. 6. The grievant followed by.the respondent may offer rebutting evidence. 7. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The paRy 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 piace a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. k. Procedure for the Parties The party representing the department and the party representing the empioyee will address their remarks, including objections, to the Chair of the Human Resources Cortimission. 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. I. Riqht to Control Proceedinqs 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. m. Hearinq Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. n. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. o. Recommended Decision The Human Resources Commission shall render its recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days -39- 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 grievanYs counsel. p. Recommendation to the Citv Manaper The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Manager within ten (10) working days of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may also request a transcript for review by the City Manager within ten (10j working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. q. Final Action bv Citv Manaqer Within ten (10) working days of the filing of exceptions, or within ten (10) working days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head. Section 7. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION The appeal procedure described herein shali apply only to cases of disciplinary written reprimands, reductions in pay, transfers.for purpose of punishment, suspensions, demotions and removal affecting permanent employees within the classified service. 1. Request for Hearinq Within ten (10) working days after final notice of written reprimand, reduction in pay, transfer for purpose of punishment, suspension, demotion or removal, the employee or the employee's representative may file an appeal in writing with the City Clerk. If, within the ten (10) day appeal period, the employee does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed. The appeal shall include the following: . a. An admission or denial of each charge set forth in the final notice, with an explanation why the charge is admitted or denied. b. A statement of any affirmative defenses -40- c. A statement that the employee disagrees with the penalty with an explanation of the employee's position. d. The employee's current address e. A request for a hearing Failure to provide this information may result in the appeal not being processed. 2. Schedulinq of Hearinq Upon receipt of the request for an appeal, the City Clerk shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 3. Private or Public Hearinqs All hearings shall be private; provided that the employee may request a hearing open to the public. Any request for an open hearing shall be submitted five (5) working days prior to the hearing date or the hearing will be closed. 4. Pre-Hearin4 Procedure a. Subqoenas 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 -41- Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The empioyer'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 couid not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 5. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the notice of intent to take disciplinary action, the final notice of disciplinary action and any response from the employee to these documents as well as the statement of issues submitted by both parties. The Commission shall not be provided with copies of the exhibits. 6. Record of Proceedinqs and Costs a. Court Reporter All disciplinary appeal hearings may, at the discretion of either party or the Commission, be recorded by a court reporter. Any hearing which does not utilize a court reporter, shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter. If both parties request a court reporter the cost will be split equally. If the Commission requests the court repo~ter, the City shail pay the cost of the reporter. b. Pavment of Emqlovee 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 ~emain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 7. Conduct of the Hearinq 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. -42- b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedurai rulings to its legal counsel. 8. Burden of Proof In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. 9. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 10. Testimonv 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?" -43- 11. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: a. The Chair shall announce the issues after a review of the statement of issues presented by each party. b. The party imposing discipline (department) shall be permitted to make an opening statement. c. The appealing party (employee) shall be permitted to make an opening statement, or reserve an opening statement until presentation of their case. d. The party' imposing disciplinary action (department) shall produce their evidence. e. The party appealing from such disciplinary action (employee) may then offer their evidence. f. The party imposing discipline (depaRment) followed by the appealing party (employee) may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 12. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representative shall continue with the presentation of their case. 13. Riqht to Control Proceedinqs 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. -44- 14. Hearinq Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 15. Deliberation Uqon the Case The Human Resources Commission may chose to either deliberate the case in public or adjourn to closed session to deliberate. The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days, and with the agreement of both the Commission and the appealing party (employee), the deliberation period may be extended for up to an additional ten (10) working days. 16. Written Findinqs and Recommended Decision The Human Resources Commission shall render their findings and recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. A finding must be made by the Commission on each charge. The Human Resources Commission may recommend the sustaining or rejecting of any or all of the charges filed against the employee. The Commission may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. If the Commission recommends reinstatement of the terminated employee, the employee is only entitled to back pay minus the sum the employee has earned during the period of absence. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievanYs counsel. 17. Recommendation to the Citv Manaqer The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shail be filed with the charged employee, the department head and the City Manager, and shall set forth all findings and conclusions. If a dismissal is not sustained, the proposed decision shall set forth a recommended effective date the employee is to be reinstated. Either the employee or the department may file a written appeal to the proposed decision, findings and conclusions of the Commission within ten (10) working days of the decision by filing exceptions thereto with the Human Resources Manager. The party desiring to contest the recommended decision of the Commission may request a transcript for review by the City Manager within ten (10) working days of the -45- Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 18. Final Action bv Citv Manaqer Within ten (10) working days of the filing of exceptions, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The City Manager may ratify, modify, or reverse the proposed decision of the Commission. If the City Manager seeks to modify or reverse the decision of the Commission, the Ciry Manager shall review the transcript. The decision of the City Manager shall be final. The decision shall be transmitted to the employee appealing disciplinary action and to the department head. 19. Judicial Review a. Petition for Writ of Mandate Judicial review of any decision of the City Manager may be had pursuant to Section 1094.5 of the California Code of Civil Procedure oniy if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. b. 90 Dav from Final Decision Pursuant to Code of Civil Procedure 1094.6 any such petition shall be filed not later than the ninetieth (90th) calendar day following the date on which the City Manager gives written notice of the finai decision. -46- ARTICLE XXl FULL UNDERSTANDlNG 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 iritent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit. This in no way affects the conditions of the Meyers-Milias-Brown Act. For the life of this agreement it is agreed and understood that the Association and the City hereto voluntarily and unqualifiedly waive their rights and agree that neither the Association nor the City shall be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this day of February, 2008. ARCADIA POLICE OFFICERS' CITY OF ARCADIA ASSOCIATION ernan President Donald Penman City Manager -47- 2007/08 BARGAINING TEAMS APOA WAGE NEGOTIATING TEAM CITY REPRESENTATIVES Officer Steve Crawford Detective Jason Davis Detective Troy Hernandez Detective Michael Hale Sergeant Tom Leveque Dieter Dammeier, Attorney Michael A. Casalou, HR Administrator Heather McDowell, Management Analyst William W. Floyd, Jr., Attorney -48- ~ Gq.] z W a a ¢ W Z ~ ~ O O N W ~ ? g~ N O Q a '` a ooa Q N ~ W am OV ~ O U ~ ~ ° o ~ rn o ° ~ ~ ~ ° n ~ ' o ' ~ m N rn ~ n ~ n m N m ~ ~ ' t+1 ' 7 u 1 ' ' I~ a0 ' . 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N N N I~ N ~ v v ~ri ui ui ui vi u, ~n co <o ~ ~ m co r r r ~ ~ ~n co ro co n ao ~ fA M V} V! /A f9 f9 f9 f9 Vi lA 1A fA f9 N1 fA fA ~ fA tl! f9 tA tA M fA 1A N O N f0 c`~ '7 O~ h m v~ O N ~ (O O a0 O lD 1~ m M f+l lf1 N ~ a0 c m ao o <n ~ rn ~n r nr r ~v n ~n o ~o v m r o ~o ~ o ~"~ I~ RI Of ~ N c'~ ~ f0 I~ ~ O N c'I N 1~ a0 O N f0 N 1~ ~ O V ~[1 O R a V N u'1 u'i u1 Vi ~ri vi <o ~ ~ co ~n cri r r~ r r u~ (O fO fO I~ oD ~~,. fA M ffS N N fA f9 fH Vf Ifl ffl tl! tA W tA fH lA (A 69 Hf U9 b9 Vi Vf fA fA y f~ O N <O M ~ ~ I~ 00 M O N ~0 (O o 1~ o ID 1~ N ~ f~ ~l1 0 M m N V fD a0 O t7 t0 01 M f~ N I~ N I~ M O t0 V T ' M ~ ~ 1 l0 I~ N O~ ~ N t7 ~ (O I~ O~ O N th ~!7 I~ a0 O N o ) (O O1 O1 N C] o] v v v v ui vi ui vi vi ui ui <o m ~ ~ ~ ~o r r r~ ui ui ui ~o r ~ ,d., fA M Vi rA w tn fn w v~ w w w rn w fn w fn fn w w w » u) Fn fn v~ N M I~ ~ O N f0 M C ~ I~ a0 M O N CD t0 O I~ O fG N ~ M t+I ~ C7 a N 7 tD oD O C~ f0 ~ t7 I~ N I~ N I~ C~ O (~ ~ ~ O i~ O ~ N N (O I~ a0 m ~ N M V' (O I~ ~ O N ~"1 LL] I~ [~ O N a ~D I~ ~ N f0 v v v v v vi ui ~n ~n ~ri iri u~ <o ~o co ro ~o co r ~ ' ~ri ui ~n ~o ~ ti „d, rA rn w » e9 » M w w tn en tA r) eN tA » t9 en e» rn Ni » ~ » fn » N m m m d ~ a a ~ ~ € ~ ~ ~ ~ 1° € ~ ~ a ~ m c 4 C C m C ~ ~ a ~ 6 ~ rA tq G m ~ m f IJ N N f /1 a d U U C ~ C C 0J N W d a a d m m N N N ~ ~ m m Q ~ Q ~ Q Q (n fn (n '~ IE a rn `m `a m N w N N N m N N O O Q Q N u) y U U U U U U U U U ~+ a~ ~ ~ ~ a~ i' O O O O O O O O O i- a a a a a a a a a a a a a a a ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ y ~a ni m c~ ~ v ~ ~n m ~ ~ ~ ~o m ~o rn ~ o ~ ~ c~ ~ M ~ V n ~n n co r r r m r rn ~ o ro m ~ ~ ~ cn co ~ u~ ~ E c m ~ ~ Z ..:.:~~.~;~ ~ ~ STAFF REPORT Public Works Services Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City ManagedPublic Works Services Directo l Prepared by: Tom Tait, Deputy Public Works Services Director ~ Susannah Turney, Environmental Services Officer SUBJECT: SUMMARY The City of Arcadia Public Works Services Department administers both the City's Municipal Stormwater and Industrial Waste Programs. The NPDES Program is mandated by the California Regional Water Quality Control Board, Los Angeles Region, Order No. 01-182. Over the years, City staff has assumed increased responsibility with both programs, thereby reducing the scope of services offered by our consulting contractor. The anticipated contract will include routine field inspections, monitoring and plan checking services for both programs. Staff recommends that the City Council authorize the City Manager to enter into a one (1) year Professional Services Agreement with annual extensions, subject to City council approval, with John L. Hunter and Associates, Inc. (JLHA) for the services related to the municipal Stormwater and Industrial Waste Programs in the amount of $91,441. DISCUSSION The City's Industrial Waste Program's (IW) objective is to ensure the protection of the City's locally owned sewer lines through routine inspections (approximately 250 per year), permitting, enforcement, and to protect the environment by being in compliance with the State of California, Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES) regulations for discharges into the storm drain system. In 2006, the State mandated that all cities prepare a Sewer System Management Plan (SSMP) by late 2009, which includes creating a program to promote the proper disposal of Fats, Oils & Grease ("F.O.G."), to both residences and businesses alike. Additionally, the Page 1 of 3 rtecommenqation: Approve Mayor and City Council February 19, 2008 Industrial Waste Program incorporates Best Management Practices (BMP) that helps to eliminate sewer overflows. The existing NPDES stormwater permit was issued by the RWQCB in 2001 to Los Angeles County as the Principal Permittee and eighty-four cities as co-permittees. The Permit expired December 13, 2006, and is expected to be renewed in 2009. The Regional Water Quality Control Board has cited staffing shortages and budgetary constraints for this delay, and gap, in permit cycles. Both the NPDES Stormwater Permit and the Arcadia Municipal Code prohibit the discharge, or the potential for discharge, of illicit substances into the City's streets and/or storm drain system. The storm drain system, into which pollutants may discharge, flows directly to rivers and the Pacific Ocean without treatment. Staff anticipates that the new NPDES Stormwater Permit will be very similar to the old permit, but there will be additional prohibitions on discharges. Additionally, staff anticipates that the new Permit will include numerical limits for pollutants, such as trash and metals, with a bacteria limit soon to be adopted. These new requirements are referred to as Total Maximum Daily Loads (TMDL), which are essentially the total amount of the contaminate that a body of water can contain before it becomes harmful to aquatic life. The City's current Stormwater & Industrial Waste Programs include elements of inspection, monitoring, enforcement, public outreach, staff training and plan checking seniices. However, due to the complexity of State mandates for the NPDES Stormwater Permit and Industrial Waste Programs, it is necessary to retain an environmental consultant with the expertise and experience to support the City with implementation of Best Management Practices, reporting requirements, and administration of the following three required programs: 1. Identify Illicit Connections and Illegal Discharges to Storm Drains 2. Development Planning and Construction Plan Checks 3. PerForm Commercial and Industrial Inspections Plan checking services for the City's Stormwater Program comprise approximately 1/3 of the proposed annual contract amount. This is referred to as the Development, Planning Program section of the Permit. Also, the plan checking services provided by the firm includes post-construction controls for certain qualifying developments, to preclude pollutant run-off during storm events. These controis, othenNise known as post- construction Best Management Practices (BMP's), incorporate into the Standard Urban Stormwater Mitigation Plan (SUSMP) program. The total cost of plan check is a pass thru cost that the developer pays. Additionally, when possible, inspection requirements of the NPDES Stormwater Program can be combined with the elements of the Industrial Waste program, which reduces costs for the City. Request for proposals were sent to five (5) environmental consultants. All proposals were received, reviewed, evaluated, and ranked by staff in accordance with Chapter 10 of the California Government Code, Section 4526-4529 with the following results: Page 2 of 3 , Mayor and City Council February 19, 2008 RANK FIRM LOCATION COST 1 John L. Hunter and Associates, Inc. Santa Fe Springs $91,441 2 Charles Abbott Associates, Inc. Torrance $94,151 3 Brown & Caldwell Walnut Creek 4 PBS&J Los Angeles 5 Willdan Anaheim Staff contacted the three (3) firms that did on respond to the RFP to inquire why they did not submit a proposal. The responses ranged from "too busy" to "inadvertently not responding due to human error". Staff reviewed each proposal and ranked each environmental firm according to ability, qualification, experience, past success and responsiveness to the RFP's criteria. John L. Hunter and Associates, Inc. was rated first based on a complete evaluation of the above points, as well as overall cost. Additionally, staff felt that JLHA ranked highe[ for their ability to provide plan-checking services, closer o~ce location, and stronger field and program knowledge of the Industrial Waste Program. Therefore, staff recommends that the City Council authorize the City Manager to enter into a one (1) year Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring and plan checking services for the Municipal Stormwater and Industrial Waste Programs in the amount of $91,441. FISCAL IMPACT Sufficient funds have been designated for these services in the 2007-08 and 2008-09 Stormwater and Sewer Budgets RECOMMENDATIONS 1. Award a Professional Services Agreement with optional annual extensions to John L. Hunter and Associates, Inc. for inspection, monitoring and plan checking services for the municipal stormwater and industrial waste programs, in the amount of $91,441. 2. Waive any informality in the bid or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: ~ ~~^^~-~ Don Penman, City Manager PM:TT:ST Page 3 of 3 ',.-. , ~........ ....., ~. ~:;, co~~y91tyot~o~`• STAFF REPORT Public Works Services Department DATE: February 19, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Dir or 1 Prepared by: Tom Tait, Deputy Public Works Services Director Marie Rodriguez, Management Aide SUBJECT: Recommendation: SUMMARY In 1989, Assembly Bill 939 (AB 939), known as the Integrated Waste Management Act, was passed because of the increase in waste stream and the decrease in landfill capacity. AB 939 mandates a reduction of waste being disposed by requiring jurisdictions to meet a diversion goal of 50% through source reduction, recycling, and composting activities. Under AB 939, the use of alternative daily cover constitutes diversion through recycling. New legislation seeks to prohibit AB 939 credit for jurisdictions that use green waste for alternate daily cover (ADC) and erosion control on the landfill surface and require that it count towards disposal. Staff recommends the City Council adopt Resolution No. 6609 in support of continued AB 939 diversion credit for use of green waste as alternative daily cover at landfills. DISCUSSION Alternative daily cover (ADC) is cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. The County Sanitation Districts of Los Angeles County (LACSD) have offered a year round green waste ADC recycling that has provided a reliable, cost effective recycling market for green waste. Page 1 of 2 Mayor and City Council February 19, 2008 ~..... In 2000, Arcadia reported a 42% diversion rate, which did not meet the AB 939 mandated 50% diversion rate. Studies of Arcadia's waste stream revealed that green waste comprised a considerable amount of the total waste disposed. With the assistance of Waste Management, the City implemented source recycling in the community. Residents were provided a cart to separate their green waste (grass clippings, leaves, branches, and other earthen materials) from their regular refuse and recyclables. Waste Management and the City's public education and recycling efforts were proven successful when the City's diversion rate increased to 62% in 2001. Arcadia has reported over a 60% diversion rate every year since 2001. The City of Arcadia generated approximately 60,600 tons of waste in 2007, of which 17,500 tons was green waste and was taken to LACSD's Puente Hilis Landfill for use as ADC. The diversion credit received from the green waste equates to approximately 29%. The green waste diversion credit contributes significantly to the City's current 69% diversion rate. Assembly member, Jared Huffman (Marin), has agreed to sponsor a bill to eliminate diversion credit for ADC programs. Assemblyman Huffman believes that green waste accepted at landfills should be considered disposal even if recycled as ADC. LACSD has requested individual cities in Los Angeles County to adopt a resolution in support of continued AB 939 diversion credit for use of green waste as alternative daily cover at landfills. The Chief Engineer of LACSD has said that these resolutions in large numbers have made a substantial impression on members of the Legislature. FISCAL IMPACT If the City is no longer allowed diversion credit for ADC, the City's diversion rate could drop below 50%, which may result in the state issuing fines of up to $10,000 per day, or compliance orders that could require the City to implement expensive new waste diversion programs that may not be suitable for the City's demographics and waste stream. RECOMMENDATION Adopt Resolution No. 6609 in support of continued AB 939 diversion credit for use of green waste as alternative daily cover at landfills. APPROVED: ~~~ Don Penman, City Manager PM:Tf:MR Page 2 of 2 RESOLUTION NO. 6609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IN SUPPORT OF CONTINUED AB 939 DNERSION CREDIT FOR USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER AT LANDFILLS WHEREAS, the Integrated Waste Management Act of 1989 (Assembly Bill 939 or "AB 939") placed aggressive waste diversion mandates on local govemments to achieve 50 percent waste diversion by the year 2000 and delegated discretion to local government as to how best to comply with the law; and WHEREAS, state law clearly establishes that the use of a waste product, such as shredded green waste, for construction and operarion of a solid waste landfill, including the use of green waste as alternative daily cover, displaces the use of virgin materials and constitutes diversion through recycling and is not considered disposal; and WHEREAS, the use of green waste as alternative daily cover at County Sanitation Districts of Los Angeles County landfills conserves natural resources, energy, and landfill capacity, and contributes to the production of green power from landfill gas thereby reducing reliance on fossil fuels; and WHEREAS, the City of Arcadia has taken the initiative to implement separate green waste collection and rely upon the consistently dependable recycling of green waste for alternative daily cover for a significant portion of their waste diversion compliance; and 1 WHEREAS, from rime to time, the Legislature has considered proposals to eliminate waste diversion credits for green waste alternative daily cover programs; and WHEREAS, these proposals would severely limit the discretion local jurisdictions are afforded by AB 939 and would require them to invest substantial additional resources in developing new programs to replace those green waste altemative daily cover programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION l. The City of Arcadia strongly supports the conrinuation of waste diversion through recycling for green waste alternative daily cover programs under AB 939, and the City Council further directs City Staff to communicate this policy position to members of the Legislature, the Governor of California and administrative agencies, as necessary. SECTION 2. The City Clerk shall certify to the adoprion of this Resolurion. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: n ~~~ / U ' . ~~-f.+.~c.C. City Attorney U" y Mpw~~i 1~ ) Co~~~nioyotN°~`s ` STAFF REPORT- Police Department DATE: February 19, 2008 T0: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police~~ ~ Prepared by: Nancy Chik, Management Analyst ~ SUBJECT: Santa Anita Derbv Day 5K Run and Walk Recommendation: Waive expenses related to tra~c control services for the Fourteenth Annual Santa Anita Derby Day 5K to be held on Saturday, April 5, 2008. SUMMARY The Los Angeles Turf Club (Santa Anita) is sponsoring their Fourteenth Annual 5K Run & Walk wherein traffic control services are required to facilitate the event. Typically, when City services or personnel are required for coordination of special events, the cost of these services is bome by the event organizer. In this instance, like years past, Santa Anita is requesting that the City waive the cost of traffc control services because it is a charitable event. DISCUSSION The 5K race is one of several special events that will be held in conjunction with the Santa Anita Derby and will be coordinated by Kinane Events, Inc. This year the Derby Day 5K Run & Walk is co-sponsored by the Methodist Hospital of Southern California and Wes~eld Shoppingtown Santa Anita. Participation of contestants has increased each year, and it is anticipated that about 5,000 runners/walkers will join in this year's event. Any profits from the race will be donated to local beneficiaries including the Arcadia High School Athletic Boosters Club and the Arcadia Historical Museum. If the race operates at a loss, Santa Anita will give all organizations a check for a fixed amount. The Arcadia Police Explorer Post will also receive $500 from this event. The race will begin inside the racetrack between gate #3 and gate #1, and the runners/walkers will proceed through the track parking lot, exit at gate #8, and cross Baldwin Avenue. The participants will continue north on Baldwin Avenue in the southbound #2 lane, which will be barricaded, and enter the Arboretum parking lot just south of gate #7. They will proceed through the course in the Arboretum and exit by the fountain, cross back over Baldwin Avenue, and enter the racetrack through gate #7. Finally, the racers will proceed through the turf tunnel and infield, and wind up on the training track to the finish line. The Police Department will provide intermittent traffic control to facilitate the running of the race and to ensure the safety of the participants. The savings to Santa Anita is estimated at approximately $1,500 to $2,000 for traffic control. it is anticipated that tra~c flow on Baldwin Avenue between Colorado and Huntington will be diverted between 7:30 a.m. and 9:30 a.m. Police personnel will use traffic flow management patterns that have been previously used and shown to have the most minimal effect on businesses or local residents. As part of hosting an eVent of this type, Santa Anita is also required to provide a certificate of insurance designating the City of Arcadia as an additional insured. They have provided the required insurance certificate ahd it has been approved by the City Attorney. FISCAL IMPACT The event will cost about $1,500 to $2,000 in overtime for Police personnel and will be absorbed in the Police overtime budget. RECOMMENDATION Approve Santa Anita's request to waive the cost of traffic control services for the Fourteenth Annual Santa Anita Derby Day 5K Run 8 Walk to be held on April 5, 2008. Approved: ~~ ~~~ Don Penman, City Manager ORDINANCE NO. 2239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXTENDING THE TIME LIMIT THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT AND THE TIME LIMIT TO PAY INDEBTEDNESS AND RECEIVE PROPERTY TAXES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33670 UNDER THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT PURSUANT TO I-~ALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D) W}-IEREAS, the Redevelopment Agency of the City of Arcadia ("Agency") is a redevelopment agency established and acting pursuant to the Califomia Community Redevelopment Law (California Health & Safety Code Sections 33000, et seq.) ("CRL"); and WI-IEREAS, pursuant to City Council of the City of Arcadia Ordinance No. 1490, adopted on December 26, 1973, the City Council of the City of Arcadia adopted the Redevelopment Plan for the Central Redevelopment Project. The Redevelopment Plan for the Central Redevelopment Project has been amended by the City Council of the City of Arcadia through the following ordinances: (1) Ordinance No. 1722, adopted on May 19, 1981; (2) Ordinance No. 1847, adopted on November 4, 1986; (3) Ordinance Na 2025, adopted on November 1, 1994; (4) Ordinance No. 2102, adopted on June 4, 1999; (5) Ordinance No. 2181, adopted on October 7, 2003; (6) Ordinance No. 2184, adopted on November 18, 2003; and (7) Ordinance No. 2231, adopted on August 7, 2007 (collectively, the "Redevelopment Plan"); and -1- WHEREAS, pursuant to CRL Section 33333.6(e)(2)(D), the Redevelopment Plan may be amended by ordinance to extend both the time limit for the effectiveness of the Redevelopment Plan and the time limit for the Agency to pay indebtedness and receive tax increment revenues pursuant to CRL Section 33670 under the Redevelopment Plan by one (1) year for each payment required of and made by the Agency to the County of Los Angeles Educational Revenue Augmentation Fund (`BRAF") in fiscal years 2004/OS and 2005/06, pursuant to CRL Section 33681.12; and WI~REAS, the Agency was required to make and made ERAF payments in both the 2004/OS and 2005/06 fiscal years, pursuant to CRL Section 33681.12; and WHEREAS, the City Council held a public hearing regarding adoption of this Ordinance on February 19, 2008 at 7:00 p.m. at the City of Arcadia City Council Chambers, 240 West Huntington Drive, Arcadia, California; and WI-~REAS, notice of the public hearing regarding adoption of this Ordinance was given to all affected taxing entities at least thirty (30) days before the date of the public hearing and was published in a newspaper of general circulation in the community at least once, not less than ten (10) days prior to the date of the public hearing; and -Z- WHEREAS, City staff has determined that the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA"), pursuant to Title 14 California Code of Regulations Section 15061(b)(3), because there is no possibility that enactment of this Ordinance may have a significant effect on the environment, and pursuant to Title 14 California Code of Regulations Section 15378(b)(4), because this Ordinance creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COUNC[L OF TI~ CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Arcadia makes the following findings and determinations: 1. Notice of the public hearing regarding adoption of this Ordinance was mailed to the governing bodies of all affected taxing entities at least thirty (30) days prior to the date of the public hearing and published in a newspaper of general circulation, at least once, not less than ten (10) days prior to the date of the public hearing. -3- 2. The funds used to make the ERAF payments in both the 2004/OS and 2005/06 fiscal years pursuant to CRL Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. 3. The time limit for the effectiveness of the Redevelopment Plan established pursuant to CRL Section 33333.6(a) is January 25, 2015, which is 10 years or less from the last day of each of the 2004/OS and 2005/06 fiscal years, and an ERAF payment was required of and made by the Agency pursuant to CRL Section 33681.12 in both the 2004/OS and 2005/06 fiscal years. 4. The Agency is in compliance with CRL Sections 33334.2 and 33334.6, has adopted an implementation plan in accordance with the requirements of CRL Section 33490, and is not subject to sanctions pursuant to CRL Section 33334.12 (e) for failure to expend, encumber or disburse an excess surplus. SECTION 2. Amendments to Redevelopment Plan. In accordance with CRL Section 33333.6(e)(2)(D), the following limitations for the Redevelopment Plan are established, subject to all other provisions of this Ordinance: -4- 1. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, and notwithstanding any provision of the Redevelopment Plan, the Redevelopment Plan shall be effective until January 25, 2017. 2. Except to the extent that a longer period of time may be allowed pursuant to the provisions of the CRL, as it may be amended from time to time, the Agency shall not pay indebtedness or receive tax increment revenues, pursuant to CRL Section 33670, after January 25, 2027. SECTION 3. Confirmation of Redevelopment Plan. The Redevelopment Plan, as amended by this Ordinance, shall be and remain in full force and effect. SECTION 4. Authorization for Further Acts. The City Council authorizes and directs the City Manager to undertake such actions and execute such documents as may be reasonably necessary or convenient to carry out and administer the actions authorized by this Ordinance. SECTION 5. Severability. If any provision of this Ordinance as applied to any person or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect (to the maximum extent permissible by law) any other provision of this -5- Ordinance, the application of any such provision regarding another person or under circumstances different from those adjudicated by the court, or the validity or enforceability of this Ordinance as a whole. SECTION 6. Repeal of Conflicting Laws. The parts of other ordinances of the City of Arcadia that are in conflict with the provisions of this Ordinance are hereby repealed. SECTION 7. Publication. The City Council authorizes and directs the City Clerk to publish this Ordinance in the manner and time required by law. SECTION 8. CEQA Notice of Exemption. The City Council authorizes and directs the City Clerk to file a Notice of Exemption, pursuant to Title 14 California Code of Regulations Section 15062, with the Clerk of the Board of Supervisors of the County of Los Angeles or other appropriate official designated by the County of Los Angeles for such filing, regarding the adoption of this Ordinance, within five (5) calendar days following the date of adoption of this Ordinance. SECTION 9. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of this Ordinance to be published in the official newspaper of the City of Arcadia within fifteen (15) days after adoption of -6- this Ordinance. This Ordinance shall take effect on the thirty-first (31S`) day after its adoption. Passed, approved and adopted this _ day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: .~~-~ ; ? i~,z-~ Stephen P. Deitsch City Attorney -7- , ~ RESOLUTION NO. 6615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE OFFICERS' ASSOCIATION ("APOA") FOR OCTOBER 1, 2007 THROUGH NNE 30, 2011 THE CITY CDUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia Police Officers' Association ("APOA") dated effective as of October 1, 2007, a copy of which is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salazy and benefits for employees represented by APOA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 19thday of February , 2008. ATTEST: ~JAMES H. ~~R~~ -,~~'~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~i~.. ~~. ~~~rV~L.Cs~ Ci yt Attorney ISI ~ICKEY S~~ ~ ~' 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 Resolution No. 6615 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor Pro Tempore and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, and Wuo NOES: None ABSENT: Council Member Segal ~ L~J~~~~ ~, ~~!~~?~ City Clerk of the City of Arcadia 2 CITY OF ARCADIA AN D ARCADIA POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING OCTOBER 1, 2007 - JUNE 30, 2011 TABLE OF CONTENTS Paqe Article I Parties and Recognition ~ Appropriate Unit ~ Mutual Recommendation ~ Article II Terms 2 Savings Clause 2 Article III Association Rights • 3-4 • Right to Join 3 • USe of Bulletin Boards 3 • Payroil Deduction 3 • Reasonable Notice 3 • Awards and Safety Committees 4 Article IV Management Rights 5 Article V Compensation g_g • General Compensation g • Assignment Pay 6_7 • Special Assignment Stipend 7 • Bilingual Pay 7 • Promotion or Step Advancement 7 • Educational Incentive Compensation 7-8 • Canine Officer Detail g • Negotiating Team g Article VI Overtime 10-11 • Premium Overtime Compensation 10 • Straight or Compensatory Time Off 10-11 • Court Time ~ ~ • Movie Detail ~ ~ Article VII Stability Pay/Longevity Pay 12-13 • Stability Pay ~ 2 • Longevity Pay 12-13 Article Vlll Retirement ~q Article IX Health, Dental and Life Insurance 15-17 • Retiree Health Insurance ~7 Article X Disability Income Insurance ~g -I- TABLE OF CONTENTS (CONT.) Article XI Employee Physicals Article XII Uniforms Article XIII Tuition Reimbursements Article XIV Leaves • Provided For • Power to Grant Leaves . Military Leave . Vacation Leave . Sick Leave . Workers' Compensation . Holidays • Jury Leave . Witness Leave . Unauthorized Absence Article XV Probationary Period Article XVI Shifts Article XVII Response Time Article XVIII Patrol Work Schedule and Training Assignments Article XIX Utilization of Reserve Police Officers Article XX Employee Grievances Article XXI Full Understanding/Execution of Agreement Appendix "A" Salary Schedule Page 19 20 21 22-27 22 22 23 24-25 25-26 26 27 27 27 27 28 29 30 31 32 33-46 47 -ii- ARTICLE I ( Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia Police Officers' 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.seq.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Police Officer Police Agent Police Sergeant Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, City of Arcadia, for determination. -1- ARTICLE ll Section A. TERMS The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective for the period beginning October 1, 2007 and ending June 30, 2011. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by preemptive legislation, that provision shall be deemed stricken from the agreement and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining sections of the Agreement shall remain in full force and effect. -2- ART/CLE lU ,_ << Section A. Section B. Section C Section D. ASSOCIATION R/GHTS 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. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin board where employees in the bargaining unit have access during regular business hours subject to the following conditions: 1. all postings for bulletin boards must contain the date of posting and the identification of the organization and 2. the Association will not post information which is defamatory or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as voluntarily authorized in writing by the empioyee on the City form subject to the following conditions: 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to two authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Commission with the name and addresses of the two authorized representatives within five days of the effective date of this agreement. -3- ARTICLE lll (continued) Section E. AWARDS AND SAFETY COMMITTEES The Association shall be entitled to appoint a member to both the Employee Awards and Safety Committees. ~ ~ -4- - ARTlCLE 1V MANAGEMENT RlGHTS ~ 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. -5- ARTICLE V COMPENSATION ~ Section A. GENERAL COMPENSATION 1. The City shall continue to pay the 9% employee contribution to the Public Employee's Retirement System. 2. The City's compensation study was completed in April 2007 and revised in June of 2007. The study utilized a labor market for the City, which included police service salary data for the County of Los Angeles; and the cities of Alhambra, Burbank, Covina, Downey, EI Monte, Gardena, Glendora, Monrovia, Monterey Park, Norwalk, Pasadena, West Covina; and Whittier. As a result of the compensation plan, effective October 1, 2007; the salary schedule for the classifications of Police Officer and Police Agent shall be improved by ten percent (10%), and the classification of Police Sergeant shall be improved by five percent (5%). The Salary Schedule (Appendix A) ~eflects these changes. Effective October 1, 2007, employees in these classifications wiil be placed 5% above their September 30, 2007 salary. In accordance with the compensation study, employees in the classifications of Police Officer and Police Agent will receive an additional 5% increase, but not to exceed the top of the salary range, effective July 1, 2008, as a result of the compensation plan. 3. In addition to tlie compensation plan adjustments provided for above, the following salary increases shall be implemented: a. Effective July 1, 2008: Police Sergeants - six and one-half percent (6-1/2%); Police Officers and Police Agents - one and one-half percent (1-1/2%). b. Effective July 1, 2009: Police Officer, Police Agent and Police Sergeant - two and one-half percent (2-1l2%). c. Effective July 1, 2010: Police O~cer, Police Agent and Police ~ Sergeant-four and three-quarters' percent (4-3/4%). Section B. ASSIGNMENT PAY 1. During the term of this agreement, a Police Officer/Agent and supervising Sergeant assigned by the Chief or his designee to perform the extra duty and responsibility of training new Police Officers shall receive an additional five percent (5%) per pay period, in addition to base salary during the period of the assignment. -6- 2. Effective October 1, 2007, an employee assigned by the Chief of Police ( to perform the duties and responsibilities of Detective, School Resource Officer, Traffic Officer and Personnel and Training shall receive five percent (5%), in addition to base salary during the period of assignment. Section C. SPECIAL ASSIGNMENT STIPEND Effective October 1, 2007, employees assigned to Major Accident Investigations Team (MAIT), Special Weapons and Tactics (SWAT), Foothill Air Support Team (FAST), Force Training Unit (FTU), Arcadia Mounted Patrol Team (AMET), Explorer Advisor (2), Reserve Coordinator (1) and other assignments approved by the Chief of Police shal~ receive a stipend of $28.85 per pay period, in addition to base salary, and any regular special assignment pay, during the period of assignment. An employee assigned to two or more of these assignments at the same time, and who is not receiving assignment pay pursuant to Section B., above, shall receive $57.69 per pay period, in addition to base salary, during the period of the assignment. Section D. BILINGUAL PAY During the term of this agreement, the City will offer a bilingual bonus program. To qualify, bargaining unit members must pass the test developed or utilized by the City for languages specified by the City. No more than twelve (12) members will be eligible to qualify for the bonus, unless an increase in the number of eligible employees is recommended by the Police Chief and approved by the City Manager. A member designated to receive a bilingual bonus shall receive $46.15 per pay period in addition to his base salary. Section E. 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 one step increase in compensation unless the top step in such range provides less than one step increase. Such one step shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section F. EDUCATIONAL INCENTIVE COMPENSATION 1. Du~ing the term of this agreement, for the classifications listed above, the City shall provide an education incentive program. Qualified employees who possess an Associate of Arts degree shall receive an additional 2 1/2% as their regular salary. Employees who possess a Bachelor of Arts or Sciences degree shall receive an additional 5% as -7- their regular salary. Employees shall not receive in excess of 5% for any educational incentive. ' Employees shall qualify for the 2 112% education bonus when they have satisfied the basic education and training requirements by one of the foilowing methods: a. The sworn employee shall have been awarded an Associate of Arts or Associate in Science degree in Police Science, Police Administration or related degree by an institution accredited by the California Department of Education. b.. The sworn employee shall have 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate degree and have completed a minimum of 20 units in police related courses acceptable to an accredited California Junior College towards an Associate in Arts Degree in Police Science, Police Administration or related degree. 2. Employees shall qualify for the 5% education bonus upon receiving a Bachelor of Arts. or Bachelor of Science degree from an institution accredited by the California Department of Education. 3. Effective October 1, 2007, each employee who has eamed an '.. Intermediate P.O.S.T. Certificate shall receive an additional five percent (5%) of their regular salary. Employees who have earned an Advanced P.O.S.T. Certificate shall receive an additional eleven percent (11%) of their regular salary. The P.O.S.T. Certification pay may not be combined with educational incentive compensation provided in Article V, Section E. 1. By-way of example, and not limitation, an eligible employee with a B.A. degree and an Advanced P.O.S.T. Certificate would receive the Certificate pay of eleven percent (11 %), but would not receive the B.A. degree pay of 5%. An eligible employee with a B.A. degree and an Intermediate P.O.S.T. Certificate would receive the B.A. degree pay of 5%, but would not receive the Certificate pay of five percent (5%). 4. Members who qualify for any step advancement based on education shall provide to the Police Chief a copy of their transcript, which shows attainment of the qualifying education. The copy of the transcript shall then be placed in their personnel file. Additionally, members who qualify for the P.O.S.T. Certificatiori bonus pay shall provide to the Police Chief a copy of the Intermediate or Advanced Certificate. The copy of the Certificate shall then be placed in their personnel file -8- Section G. CANINE OFFICER DETAIL Employees assigned to canine detail shall be paid an additional fifteen (15) hours per month at one and one half times their regular rate of pay, which is the reasonable number of hours per month that the canine officer spends feeding, grooming and caring for the dog which has been assigned to the o~cer as well as maintaining the canine vehicle/unit off duty. Employees assigned to the canine officer detail who must take their canine to the veterinarian in an emergency shall submit a written request to the Police Chief or the Chiefs assigned designee for additional compensation for the hours spent performing such work. In addition, if a canine o~cer will be required to perform duties (in rare occurrences), which cause a substantial increase in the normal off-duty hours worked for that month, he/she may request, in advance of the work, that additional compensation be provided. Such additional compensation must be approved in advance before any such work is perFormed. Any additional compensation shall be compensated at one and one half times their regular rate of pay. Section H. NEGOTIATING TEAM In lieu of adjustment of shift assignments and/or additional compensation, the five members of the Arcadia Police Offcers' Association negotiating team shall receive sixteen (16) hours of comp time (at straight time) credited to each employee's account. -9- ARTICLE VI OVERTIME Section A. The Chief of Police may require employees in the Police Department to work at ' any time other than during regular working hours until such work is accomplished. Section B. PREMIUM OVERTIME COMPENSATION The work period for sworn personnel who work a 5 day on-2 day off work week and/or a 3l12 work schedule, and/or a 4/10 work schedule, and/or a 9/80 work schedule is~28 days. The work period for sworn personnel who work a 4 day on-2 day off work week is 24 days. Effective retroactive to July 1, 1998, any such employee who is required to work in excess of his or her regularly scheduled work day or work period, as defined above, shall be compensated at the rate of time and one-half the employee's regular rate of pay. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. For purposes of overtime calculation, paid leaves of absence shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one-quarter hour. Section C. STRAIGHT OR COMPENSATORY TIME OFF Overtime compensation shall be in cash or compensatory time ofF at the employee's option, subject to the provisions herein below. All previously uncompensated overtime covering the period between July 1, 1998 and the beginning of the first pay period commencing after the date this Agreement is ratified by the City Council shall be paid in cash. An employee may accumulate up to a maximum of 100 hours in his/her compensatory time off bank. Compensatory time off may be taken at the optiori of the employee subject to the approval of the Department's designated representative. Outside reimbursable overtime shall be administered in accordance with the Manual of the Arcadia Police Department and shall be compensated only in cash. Notwithstanding the above, employees who work traffic cont~ol assignments at Santa Anita Race Track related to horse racing shall be compensated four hours at the rate of time and one-half the employee's regular rate of pay. An employee who is cancelled from working a traffic assignment at Santa Anita Race Track with less than 24 hours prior notice shall receive three hours of straight time at the employees regular rate of pay. -10- An employee who is recalled to the work site after completing a day's work, ;' including any overtime, shall receive a minimum of two hours of straight time or time and one-half of the hours actually worked, whatever is greater. A recalled o~cer must arrive at the station or the scene of the event in order to be compensated. Section D. COURT TIME When an officer is required by the City to report to court to testify during the o~cer's off-duty time, the o~cer shall receive a minimum of four (4) hours of straight time or the actual time in court at the appropriate rate, whichever is greater. If the officer reports during the morning session, is released by the court but ordered to return after a significant break in time to testify during the court's afternoon session, the off-duty o~cer shall be entitled to receive an additional four (4) hours at straight time or the actual time in court, whichever is greater. The Court's lunch break shall not constitute a significant break in time. Lunch breaks are unpaid. Whenever an officer is placed "on-call" pursuant to a court subpoena while otherwise off-duty, he shall receive compensation for being "on-call" at the rate of two (2) hours of straight time pay for each day spent in that status. However, except as described below, this pay shall not be provided on any day the officer is called to appear in court and is compensated for that appearance pursuant to the above paragraph. When an officer, during the officers off-duty time, reports to court in the morning and is issued an "on-call" subpoena for the afternoon, in addition to the four (4) hours at straight time pay the officer receives for reporting in the morning, the officer shall receive two (2) hours of straight time pay for thet afternoon session. In the event the officer is called to report to court that afternoon, the officer shall receive four (4) hours pay at straight time or overtime pay for the actual time in court, whichever is greater, in lieu of the two (2) hours of "on-call" pay. Section E. MOVIE DETAIL When a full-time sworn member performs overtime duty for movie or other commercial filming projects for which the City will be reimbursed, he/she shall be paid at time and one half the regular rate for the actual time worked or for six hours at straight time, whichever is greater. When scheduling overtime duty for this purpose, no shift shall be scheduled for less than six hours unless the total filming day schedule is less than a six-hour day. -11- ARTICLE Vll Section A. STABILITY PAY/LONGEVITY PAY STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. The plan pays $25 per year for each year of consecutive service up to a maximum of twenty (20) years of service. An employee is not eligible to receive stability pay until they have completed five (5) years of consecutive service. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service Amount of Service Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Section B. Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Effective January 1, 1984, stability pay will only be applicable to employees who were hired prior to January 1, 1984. LONGEVITY PAY Effective December 1, 2006, a Longevity Pay benefit will be implemented based on the following formula: Completed Years of Service Amount 5 - 9 Years $1,000 10 - 14 Years $1,500 15 Years and beyond $2,000 -12- ARTICLE VII (continued) i ~ Cash longevity payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. There is no pro-ration of this benefit. The foregoing amounts shall be subject to applicable payroll deductions. -13- ARTICLE VUI RETIREMENT Section A. For the classifications of Police Officer, Police Agent, and Police Sergeant, the retirement plan shall include the following options: 1. One year final compensation. 2. Post Retirement Survivor Continuance. 3. Credit for Unused Sick Leave (Sec.20862.8) maximum of six months. 4. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($ .93) per pay period. 5. Third level 1959 Survivors Benefit increased allowance (Sec.21382.4 of the Government Code). 6. The City agrees to contract with PERS to provide a Military Service Credit as Public Service option, Section 21024. It is agreed and understood that the employee is responsible for paying for this benefit. 7. 3% at age 50 retirement formula as provided in Government Code Section 21362.2 8. The City of Arcadia agrees to report to the Public Employees' Retirement System (PERS) as special compensation and "compensation earnable" the entire value of the employer payment of the required employee retirement contribution to PERS, as set forth in Article V A I of this Agreement. -14- ARTlCLE /X HEALTH, DENTAL AND LIFE lNSURANCE ~ - Section A. Effective October 1, 2007, the City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: 1. CaIPERS Health Program The City will contribute $16 per month per employee for health insurance. Dental Insurance - mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the two dental plans. Additionai 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 based on the employee's dependent status. ~ Single employees without dependents, hereinafter referred to as "Employee only," shall receive a contribution from the City towards the cost of premiums not to exceed 413.80/month. Employees with one qualified dependent, hereinafter referred to as "Employee + 1," shall receive a contribution from the City towards the cost of premiums not to exceed $648.80/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 $792.80/month (These contribution amounts reflect a$115.00 increase overthe priorcontract). Effective January 1, 2009, the City's maximum contributions towards the Optional Benefit Plan shall increase to: - Employee Only - $457.80 per month Employee + ~ - $692.80 per month Family - . $836.80 per month Effective July 1, 2009, the City's maximum contributions towards the Optional Benefit Plan shall increase to: , Employee Only - $507.80 per month Employee + ~ - $742.g0 per month Family - $886.80 per month -15- ARTICLE !X (continued) Effective July 1, 2010, the City's maximum contributions towards the ~- Optional Benefit Plan shall increase to: Employee Only - $632.80 per month Empioyee + 1 - . $867.80 per month Family - $1,011.80 per 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 coriditions 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 provide life insurance benefit of $25,000.00 for eligible ~, employees. 5. Flexible Spending Plan The City agrees to continue to make available the options provided by IRC 125 for the pre-tax treatment of salary for the purposes of dependent day care and premium payment. 6. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal years 2007-2011. This vision pian will be Vision Service Plan, option B. The City will pay the premium up to the cost of the family plan. -16- ARTICLE IX (continued) Section B. RETIREE HEALTH INSURANCE For employees retiring from the City on or after the efFective date of this letter of agreement, the City agrees to pay the employee and spouse health insurance premium for eligible retirees from the classifications of sworn personnel represented by this agreement. Payment shall cease for the retiree upon eligibility for Medicare coverage, and payment will cease for the spouse upon eligibility for Medicare coverage, or after 15 years, whichever occurs first. If the retired employee and/or spouse have other group medical coverage available to him/her, then this other group insurance shali be primary and the City's health insurance plan shall function as secondary co-insurance. An eligible retiree is a sworn unit member who retires on a service, disability, or industrial disability retirement and has one thousand (1000) hours of accumulated sick leave at the date of retirement. An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of retirement may become eligible for coverage for the employee only health insurance premium by paying the City an amount equal to his daily pay rate at the time of retirement times the number of days needed to meet the one thousand (1000) hours of accumulated sick leave requirement. In addition, the eligible employee must apply prior to retirement for such coverage through the City's Human Resources Division. The Association shall notify the City's Human Resources Division in the event of the death of a retired member. Effective February 1, 1999 retirees will be subject to the terms of the CaIPERS Health Program. In this program the City will pa}r to CaIPERS $1.00 per month for the retiree's health insurance. This amount increases annually by 5% until it is equal to the City contribution for active employees of $16.00 per month. The difference between this contribution and the employee only cost of the insurance selected by the retiree will be refunded to the retiree by the City on the monthly basis based on a report by CaIPERS of the retiree's continued enrollment. In order 4o be eligible for retiree health coverage, the employee, and if applicable, the employee's spouse, must be enrolled in a City-sponsored health plan as of the retiree's last day of work. -17- ARTICLE X DISABlLITY INCOME INSURANCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $14:18 per employee, covered by this agreement during the life of the agreement. -18- ~ ARTICLE Xll UNIFORMS Section A. For the classifications of Police Sergeant, Police Agent and Police Officer, in addition to the City's initial uniform issue, there shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Shoes Section B. The program shall be administered by, and at the direction of the City, for the purpose of providing replacement of worn items and items damaged in the line of duty only. Section C. The Chief or designee shall meet with APOA representatives during fiscal year 1995-96 for the purpose of identifying uniform and safety related equipment that may be purchased through the DepartmenYs Uniform Replacement Program. A list of optional items will be developed that represented employees may purchase. Each Police Sergeant, Police Agent and Police Officer shall be provided a $750.00 check at the beginning of each fiscal year to spend on optional safety equipment; shoes and boots. Any safety equipment reimbursement made during the year shall be deducted from this allowance. Section D. Detectives, Community and Youth Services Personnel and the individual assigned to Personnel and Training may be reimbursed up to a maximum of $300 during the first consecutive 12 months of the assignment and during each successive 12 months of the assignment each for the purchase of sports coat, slacks, dress shirts, ties and suits in lieu of the shirt and trousers uniform replacement program referred to in Section A above. Reimbursement shall be provided after the employee provides the Department with original proof of purchase receipts. All employees shall maintain a regular uniform in the event that duties require it. The reimbursement(s) shall not be considered as salary or compensation and shall not be taken into consideration in computing overtime, or payment for leave of any kind or for the computation of any supplemental benefit. -20- ARTICLE XI EMPLOYEE PHYSICALS Section A. Unit members shall receive a comprehensive physical examination during the term of this agreement. The City shall establish the terms of the physical examinations. Examinations shall be on an annual basis for sworn members of classifications represented by this agreement who are age 40 years or over 40 years of age. Examinations shall be on a biennial basis for sworn members of classifications represented by this agreement who are under 40 years of age. Once those terms have been established by the City, neither party shall be prevented from seeking, through the meet and confer process, changes to become effective at the expiration of this agreement. -19- ~ ARTJCLE Xlll TUITION REIMBURSEMENT Section A. The Tuition Loan/Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Maximum tuition loan or reimbursement shall be paid at the California State University rates plus $100.00 per year for qualified expenses, including, but not limited to, campus parking fees and textbooks. The tuition loan or reimbursement shall only be for courses that are directly related to the employee's position as determined by the City Manager. Only courses, specialized training, or degree programs "job-related" to permanent part-time and permanent full-time positions will be considered for tuition loan or reimbursement. All course work must be completed while empioyed 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. -21- 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 LEAVES Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay subject to the following restrictions: 1. Length - leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. , 2. Reason - a leave of absence may be granted an employee, provided he meets all other requirements set.forth in this rule, who desires to attend school or college or to enter training to improve the quality of his service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return - the granting of a leave of absence without pay confers upon the employee the right to return to his classification before or at the expiration of his leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his classification with the City. 4. Service Record - no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. 6. The granting of a leave of absence of thirty days or less, with or without pay; shall not constitute an interruption of service within the meaning of this subsection. The granting of a leave of absence with or without pay of more than thirty days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. _ZZ_ ~' ARTICLEX/V (continued) Section C. MILITARY LEAVE Military leave shall be granted in accordance with the provisions of the applicable California State Law. All employees entitled to and taking military leave shali give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. If the officer or employee taking such leave for military service has been in the employ of the City for one year or more, next immediately preceding the date from which leave begins, he shall be allowed his regular salary. or compensation for a period of not more than thirty days in any calendar year or during any continuous leave of absence. If such employee has been in the employ of the City for less than one year immediately preceding the date upon which such leave of absence begins, such leave granted under this section shall be without pay. Upon requesting military leave, the employee must complete the required forms and submit to the City Manager through his appointing power a copy of his military orders. The foregoing limitations on leave of absence do not apply to employees who are drafted or receive order to military duty for extended periods of time during war or national emergencies. Every employee who has been on extended military duty shall report back for the performance of the duties of his employment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termination of his employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his City employment. Employees prior to being returned to employment from military leave shall submit other than a dishonorable discharge, and take and pass a medical examination by a physician designated by the City Manager. Upon failure of a returning employee to submit other than a dishonorable discharge or pass the required medical examination, he shall not be entitled to return to his employment with the City. Employees on extended military leave shall not lose or accumulate sick leave, vacation, seniority or other privileges because of such leave. -23- ARTICLE XIV (continued) Section D. VACATION LEAVE ~. 1. Employees in the classifications of Police Officer, Police Agent, and Police Sergeant with the exception of temporary appointments, shall accumulate vacation beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first ten years of continuous full time employment with the City and at the rate of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City. 2. Effective July 1, 1996, employees in the classifications of Police Officer, Police Agent, and Police Sergeant, with the exception of temporary appointments, shall accumulate vacation: beginning with the first full pay period of employment at the rate of 4.61 hours per pay period during the first five years of continuous full time employment with the.City; at the rate of 6.15 hours per pay period after the completion of five years of continuous full time employment with the City; at the rate of 6.77 hours per pay period after the completion of ten years of continuous full time employment with the City; and at the rate of 7.69 hours per pay period after the completion of fifteen years of continuous full time employment with the City. 3. Vacation may not be accumulated beyond the amount accumulable for a sixty-five (65) pay period basis. Once an employee has accumulated this ( amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has,not been a pattern or past practice for that employee, the City Manager for good cause may approve excess accumulated vacation; provided the employee reduces the total below the ailowable maximum within six (6) months. An employee who has previously requested and was granted approval of vacation leave for use. during the last three (3) months of the calendar year and is unable to utilize such leave because of the City's cancellation of leave shall be allowed to carry over the excess leave time into the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 4. Upon termination, vacation used shall be prorated against vacation earned. City employees who leave the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at their rate of compensation applicable at the time they leave the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for that pay period's vacation accrual. -24- ARTlCLE XIV (continued) 5. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE 1. All employees in classifications represented by this agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.69 hours for each pay period of service completed with the City. Sworn employees may accumulate up to a maximum of 1,300 hours sick leave. 2. Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due. to a scheduled medical or dental appointment during regular working hours. - Every effort shall be made to schedule appointments during non-working hours. 3. Sick leave may be used by an employee when their attendance upon a member of the employee's family dependent who is seriously ill and requiring the care and attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependents medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's household or the employee's minor children. 4. Sick leave may be used by an empioyee in accordance with paragraph 2 and 3 above. Any employee wherr off-duty as a result of personal or family illness shall report the fact immediately to his supervisor, or to the o~cer 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 ~r disability, the Officer shall remain at their residence or place of confinement unless otherwise authorized by a physician or his supervisor. b. The term "immediately" means that the employee or someone acting for the employee shall notify the department as soon as it becomes apparent that the employee will not be able to report for duty. -25- ARTICLEXlV (continuedJ 5. An employee represented by this agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of;the Police Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfather, brother or sister, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, up to a maximum of three (3) working days at one time, shall not be charged against sick or other leave. If over three (3) working days of such leave is granted, at one time, that amount over three (3) days shall be charged against sick or other leave. 6. The Chief of Police and the City Manager may require evidence of the reason for any employee's absence during the time for which sick leave is requested. If the employee fails to provide such evidence as required by the Police Department and within the time limit specified by the Department, the absence will be charged to leave without pay. 7. The Police Chief and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantialiy aggravated by compensated outside employment. Section F. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury up to a maximum of one year from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. -26- ARTICLE X/V (continuedJ Section G. HOLIDAYS Employees in the classifications of Police Officer, Police Agent, and Police Sergeant shall be allowed the following holidays with eight (8) hours of straight pay and no others at the beginning of the fiscal year: New Year's Day Labor Day Martin Luther King Jr. Day Admission Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Section H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay not to exceed 10 days per year. The employee shali remit to the City all fees received except mileage. Section I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. _Z~_ 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 fuily qualified for permanent appointment. During the probationary period, a probationer may be. released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. , When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for eighteen months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for twelve months before attaining permanent status. _28_ ARTlCLE XV! SHlFTS Section A. The existing patrol shift assignment bidding procedure shall be maintained for sworn unit members hired prior to July 1, 1983. Swarn unit members hired on or after July 1, 1983, may be assigned to patrol shifts as determined by police management. Sworn unit members hired on or after July 1, 1983, shall not displace sworn unit members hired prior to that date, except during the probationary period and only to the extent that such displacement is equitably distributed among the shifts. In no event shall the displacement on day shift exceed two (2) slots. It is understood by and between the parties hereto that the past practice developed with respect to the assignment bidding procedure shall be maintained and will be unaffected by the assignment of personnel who are hired on or after July 1, 1983. -29- ARTICLE XVII RESPONSE TIME ( Section A. Due to the emergency requirements of prompt response time, all sworn members of the unit must live within a fifty (50) mile radius of the Police Station. Sworn unit employees who currently live outside the fifty (50) mile distance shall not be required to move; however, they shall not move to any location that is a further distance than that distance they resided at on July 1, 1991. -30- ` ARTICLE XVlll PATROL WORK SCHEDULE AND TRAINlNG SCHEDULE Officers in patrol will be assigned a 3-12 work schedule. Police management and APOA representatives shall meet as needed to review and make adjustments to ensure efficient and effective patrol operations. Final approval of all adjustments to the 3-12 work schedule rests with the Chief of Police. -31- ARTICLE X/X UTlLlZATION OF RESERVE POLlCE OFFlCERS The City of Arcadia and the Arcadia Police Officers' Association (APOA) agree to the utilization of reserve police officers in specified circumstances to augment staffing needs. The assignment of single-person reserve o~cers to patrol, detective, race track posts, movie details, or outside reimbursable assignments would only be made once regular officers have had an opportunity per department practice to voluntarily sign-up for these details. Prior to a force-hire situation, a qualified reserve officer may be called to work the detail. Should a reserve officer not be available, the normal force hire situation would apply to regular o~cers. -32- ARTICLE XX EMPLOYEE GRIEVANCES Section 1. DEFINITIONS a. Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. b. Grievant An employee or group of employees in fhe classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations. c. Department Head The department head or designee. d. Work dav A work day is any day the City offices are regularly open for business. e. Exclusions from the Grievance Procedure 1. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. 2. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. 3. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the -33- MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed: - 4. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary actions are covered by the City's Personnel Rules and Regulations. 5. 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 Personnei Rules and Regulations, a grievance may be filed. Section 2. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. Section 3. EMPLOYEE REPRESENTATION ~ The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section 4. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section 5. FORMAL GRIEVANCE PROCEDURE a. First Levei 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 leveF supervisor on the o~cial City grievance form setting forth the foilowing information: -34- 1. The specific section of the rules or MOU allegedly violated. 2. The specific act or omission which gave rise to the alleged violation. 3. The date or dates on which the violation occurred. 4. Documents, witnesses or evidence in support of the grievance. 5. The resolution of the grievance at the informal stage. 6. 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, withiri ten (10) working days after receiving the grievance. b. Deqartment Head Review If the employee does not agree with the decision of the next level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) working days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer. c. Human Resources and Risk Manaqer If the employee is not in agreement with the decision reached by the department head; within ten (10) working days after receiving the department head's decision or twenty (20) days from the date the department administrator received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Human Resources and Risk Manager on the officiai City grievance form. The Human Resources and Risk Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources and Risk Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. -35- d. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources and ' Risk Manager or if the Human Resources Manager has failed to respond, the employee shall present the grievance to the Human Resources Commission within ten (10) working days from the date of receipt of the Human Resources and Risk Manager's decision or twenty (20) working days from the date the Human Resources and Risk Manager received the grievance but failed to issue a decision. Section 6. APPEAL TO HUMAN RESOURCES COMMISSION a. Schedulinq of Hearinq Upon receipt of the request for an appeal, the City shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than fiventy (20) working days nor more than sixty (60) working days from the date of 4he filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. b. Public Hearinas All hearings shall be open to the public. c. Pre-Hearinq Procedure 1. 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. 2. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed -36- 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 fhis section unless that party can show that they couid not reasonably have anticipated the prior need for such witness or such exhibit. 3. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. d. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. e. Pavment of Emolovee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. f. Conduct of the Hearinq 1. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. 2. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. 3. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be su~cient in itself to support a finding unless it wouid be admissible over objection in civil actions. 4. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 5. Irrelevant and unduly repetitious evidence may be excluded. -37- 6. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be ,; invalidated by any informality in the proceedings. 7. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 8. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. g. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. h. Proceed with Hearinq 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 the~e is opposition. i. Testimonv 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?" j. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: 1. The Human Resources Commission Chair shall announce the issues after a review of the statement of issues presented by each party. 2. The grievant (employee) shall be permitted to make an opening statement. 3. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. 4. The grievant shall produce his/her evidence. -38- 5. The respondent may then offer its evidence. 6. The grievant followed by the respondent may offer rebutting evidence. 7. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. k. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. I. Ri4ht 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. m. Hearin4 Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. n. Deliberation Uoon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. o. Recommended Decision The Human Resources Commission shall render its recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days -39- after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. - i~ The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant's counsel. p. Recommendation to the Citv Manaqer The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Manager within ten (10) working days of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may also request a transcript for review by the City Manager within ten (10) working days of the Commission's decision. If the appealing party requests a transcript, that parry shall pay the cost of the transcript. q. Final Action bv Citv Manaqer Within ten (10) working days of the filing of exceptions, or within ten (10) working days of receipt of the transcript, the City Manager shall review the decision of the Commission, _ any exceptions filed, and a record, if one is requested. The decision of the City Manager ! sF~all be final. The decision .shall be transmitted to the employee and to the department head. Section 7. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION The appeal procedure described herein shall apply only to cases of disciplinary written reprimands, reductions in pay, transfers for purpose of punishment, suspensions, demotions and removal affecting permanent employees within the classified service. 1. Request for Hearinq Within ten (10) working days after final notice of written reprimand, reduction in pay, transfer for purpose of punishment, suspension, demotion or removal, the employee or the employee's representative may file an appeal in writing with the City Clerk. If, within the ten (10) day appeal period, the employee does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed. The appeal shall include the following: a. An admission or denial of each charge set forth in the final notice, with an expfanation why the charge is admitted or denied. b. A statement of any affirmative defenses. -44- c. A statement that the employee disagrees with the penalty with an explanafion of the employee's position. d. The employee's current address e. A request for a hearing Failure to provide this information may result in the appeal not being processed. 2. Schedulinq of Hearinq Upon receipt of the request for an appeal, the City Clerk shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shafl 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 fifing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the he,aring at least ten (10) working days prior to the hearing. 3. Private or Public Hearinqs All hearings shall be private; provided that the employee may request a hearing open to the public. Any request for an open hearing shall be submitted five (5) working days prior to the hearing date or the hearing will be closed. 4. Pre-Hearinq Procedure a. Subqoenas 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 6efore 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 -41- Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The : employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 5. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictiona( documents. Those documents include the notice of intent to take disciplinary action, the final notice of disciplinary action and any response from the employee to tfiese documenfs as welf as the statement-of issues submitted by both parties. The Commission shall not be provided with copies of the exhibits. 6. Record of Proceedinqs and Costs a. Court Reporter All disciplinary appeal hearings may, at the discretion of either party or the Commission, be recorded by a court reporter. Any hearing which does not utilize a court reporter, shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reportec If both parties request a court reporter the cost wiil be split equally. If the Commission.requests the court reporter, the City shall pay the cost of the reporter. b. Pavment of Emplovee 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 direc# that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 7. Conduct of the Hearinq 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 fo defermination of the truth. -42- b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, ~ regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be efFective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shail 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. S. Burden of Proof In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. 9. Proceed with Hearina or Reauest for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 10. Testimonv 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?" -43- 11: Presentation of the Case /,_. The hearing shall proceed in the following order unless the Human Resources ' Commission for special reason, directs'otherwise: a. The Chair shall announce the issues after a review of the statement of issues presented by each party. b. The party imposing discipline (department) shall be permitted to make an opening statement. ' c. The appealing party (employee) shall be permitted to make an opening statement, or reserve an opening statement until presentation of their case. d. The party imposing disciplinary action (department) shall produce their evidence. e. The party appealing from such disciplinary action (employee) may then offer their evidence. f. The party imposing discipline (department) followed bythe appealing party (employee) may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first ~ and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 12. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the . Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the [epresentative shall continue with the presentation of their case. 13. Riqht to Control Proceedinqs 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. -44- 14. Hearinq Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 15. Deliberation Upon the Case The Human Resources Commission may chose to either deliberate the case in public or adjourn to closed session to deliberate. The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days, and with the agreement of both the Commission and the appealing party (employee), the deliberation period may be extended for up to an additional ten (10) working days. 16. Written Findinqs and Recommended Decision The Human Resources Commission shall render their findings and recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. A finding must be made by the Commission on each charge. - The Human Resources Commission may recommend the sustaining or rejecting of any or all of the cha~ges filed against the employee. The Commission may recommend • sustaining, rejecting or modifying the disciplinary action invoked against the employee. If the Commission recommends reinstatement of the terminated employee, the employee is only entitled to back pay minus the sum the employee has earned during the period of absence. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant's counsel. 17. Recommendation to the Citv Manaqer The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be filed with the charged employee, the department head and the City Manager, and shall set forth all findings and conclusions. If a dismissal is not sustained, the proposed decision shall set forth a recommended effective date the empioyee is to be reinstated. Either the employee or the department may file a written appeal to the proposed decision, findings and conclusions of the Commission within ten (10) working days of the decision by filing exceptions thereto with the Human Resources Manager. The party desiring to contest the recommended decision of the Commission may request a transcript for review by the City Manager within ten (10) working days of the -45- Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 18. Final Action bv Citv Manaqer Within ten (10) working days of the filing of exceptions, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The City Manager may ratify, modify, or reverse the proposed decision of the Commission. If the City Manager seeks to modify or reverse the decision of the Commission, the City Manager shall review the transcript. The decision of the City Manager shall be final, The decision shall be transmitted to the employee.appealing disciplinary action and to the department head. 19. Judicial Review a. Petition for Writ of Mandate Judicial review of any decision of the City Manager may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. b. 90 Dav from Final Decision Pursuant to Code of Civil Procedure 1094.6 any such petition shall be filed not later than the ninetieth (90th) calendar day following the date on which the City Manager ` gives written notice of the final decision. -46- ARTICLE XXf FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed up~n 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 iritent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit. This in no way affects the conditions of the Meyers-Milias-Brown Act. For the life of this agreement it is agreed and understood that the Association and the City hereto voluntarily and unqualifiedly waive their rights and agree that neither the Association nor the City shall be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this day of February, 2008. ARCADIA POLICE OFFICERS' CITY OF ARCADIA ASSOCIATION ~~ernan President . Donald Penman City Manager -47- 2007/08 BARGAINING TEAMS APOA WAGE NEGOTIATING TEAM CITY REPRESENTATIVES Officer Steve Crawford Detective Jason Davis Detective Troy Hernandez Detective Michael Hale Sergeant Tom Leveque Dieter Dammeier, Attorney Michael A. Casalou, HR Administrator Heather McDowell, Management Analyst William W. 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V m a0 I~ tD t0 I~ t~ O~ c0 u] N O fp i~ ~ O N M N f~ N O N M N I~ Q~ ~ ('1 N I~ O 6~ N N (O O ~1J a d ~n vi vi m ~ ~ m <o ~ ~ ~ ~ r r= r oo w m ro rn ~ co t~ n ~ rn rn ,. , a> ta vi vf ~» vi E» w ~i ov as vs e~ rn w w es w w v3 u~ f» v~ e» es s> N ~ I~ O] c") O (V W (O O o0 O (O I~ o') N I~ N O~ th it] h ~n 1~ ~ I~ _ rn M I~ N I~ N I~ M O f0 V O> N I~ (D fD I~ I~ rn ~' Ol I~ M c0 c0 4~ V (O I~ ~ O N t"1 i[1 I~ ~ ~0 O N CJ ~ I~ O1 ~ M N I~ (O O O [Y I~ N N u~ N N [D (O (O (O (D (D t~ I~ I~ I~ 1~ 1~ N N N c0 (O I~ i~ I~ c0 T Y vi v! » ~i f» eri fa ~rf v~ en ui trf vl f» rr~ vf fr~ t» vi » rr3 t9 vi v> en vr N V Q~ I~ m C1 O N ~0 (O O N O (O 1~ M N I~ N W ul N d' = (O ~ M I~ N 1~ N I~ o') O f0 7 O~ oJ f~ fD (0 I~ ' f~ M O t0 ~ 1~ l0 C'1 V' (O 1~ ' m ' O _ N _ M " ~ " 1~ ' N ' O ' N " M _ N " I~ " m " " C 1 ' 4J ' ~[1 ' Q~ ' m _ N _ ~ _ O _ ~ N . t!) ' t() N UJ (O (O (D (O co co r r~ ~ r ~ ~ m N W (O [O ~D f~ C0 0~ w ~ tA V3 V3 Vi V! Vl V! fA M ff3 N UY Hl fA V/ N3 f9 &3 fA fA V3 Vi EA f9 fR N ~-' M ~ 01 1~ CO C'1 O N ~ f0 O OJ O fD 1~ [+1 N 1~ N N t0 Y] I~ N O ch (O Of th I~ N f~ N I~ M O (D V' O1 Kl f~ (0 [D I~ h CJ O] I~ f0 V . ~ ~ N M V tD I~ 41 O N o] N I~ N O N M If] I~ O~ ~ M M i~ tp O [h [O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "w ~ ~ ~ ~ K ~ ~ ~ ~ . 6 9 N M N N 6 9 N . ~ .. cD ~'1 7 rn I~ aD C1 o N m (D o a0 o t0 I~ M N I~ ~n f~ N ~ i!] co V' ~~ ~ M r m O N M ~ ~ O ~ ~ ~ ^ ~ N " N V fD N N N r1 ~ 1 0 N fI ~ N m ( O d ~ri iri ui ui iri ui vi co co co m ro co r t~~ r t~ tn r co co co cri co m co , _, Fn rs~ ra e~r vi e~ e~ ra » s~ es rs~ r» a•r » rfr uf fn w rfs a~ av vr efl En v> ~ N f0 C] d' Q1 I~ <O M O N W (O O OJ O f0 I~ M I~ LL] N N (O ~ V W N O M (O ~ t'1 I~ N h N I~ M O t0 d' 6J o] I~ t0 f0 I~ f`'1 4~ ' m ~ N C'1 R t0 I~ O~ O N M ~ i~ oJ O fV t") ul I~ O~ O ? th 1~ O~ 'd ~ tn N ln ~ LL] LL] N ~ co cd ~d co ~o r~ r n n n I~ f0 f0 (O f0 i~ 00 . °1 en vi rR » » en ra v~ ea e» vr er v> u> uj va w rn es eA v> rn » e» u~ vs N ~ O N f0 M ~ 6l f~ N C] O N ~O [D O O] O fD I~ I~ Y'l I~ N ~(l 0~ ~ f0 W O (+1 (O Q1 [7 h N I~ N I~ (+J O t0 V' T W I~ ~ I~ (O O 00 01 ~ N M ~ t0 f~ Ql O N ~'1 ~ 1~ t0 O N M VI I~ 01 N N ~1 i~ N ~ v v ui ui ~ri vi ui ~n vi ~o co ~o ~ co co r" r ~ ~ ~ ui ~ ~ ~ ~ oo ~ ,d_, » » » » u> » ei t» vi w v~ » v~ » ~ f» rn » (» » » u> vr en ea vr N - O N IO M ~ ~ 1~ N c"1 O N a0 (O O o0 O fD f~ ~ M t+] N N ~ 00 ~? v ~ m O M fO ~ M I~ c~ r N ~ c~ o ~ v N m ro ~ r o co n o ~ n o~ m ~- N M C (D r rn o N M V1 1~ ~0 0 fO in h r o v ~n o ' v v c ~ri vi vi ~n vi vi ui ~o ~ m ro co ro r n n ~ ~ri ~o m ~ r oo yd,~ (fl fA fA fA fA fA fA fA fA f9 !A f9 f9 f9 H~ fn fA fH ~ kn fA fA fA flj fH hR ~ ~ n ~ o N CO ~n v m r m ca o N ro ~o o r o <o r c~ v r ~ ~ rn ' m N ~ fD W O th <D O~ M f~ N I~ N I~ t+J O (D V 01 [~1 ~n if1 ~ ' ~ (O I~ o~ O~ ~ N oJ ? t0 I~ Ol O N OJ L(i I~ W O N M f0 ~ O~ N o ) o~ v v c v vi vi vi vi vi ui ui m ~ id ~ cri <o r~ r~ r ~ri vi ui ~o r r w » ea » w vi » v3 er e3 va rn v3 ev rA » » e~ r» » vi rA er en en rn e~ N -~" M I~ ~ O N (O M a 01 1~ 00 M O N c0 tD O I~ O ID Y] Ol t+] [+l ~ M a N r ~ ~ ~ ~ ~ r W O N r M ~ O ~ n ~ N Ifl ( O o 0 i O N ~ '1 V f D c ] 4 ] I~ N `d' N f D .. a ~ v v v v v vi ui ui ui ui vi ui co co ~ ~o ia co t~ ~ vi vi ui to r r= ~; vr v~ a> ar rsr vr u~ u~ » ~ e> f» » u> en » vi r9 » uf vi vs w Fa v~ aa v3 N v ' m ~ m_ o m ~ °m ~ i a ~ ~ m E ~ E ~ a Q ro ~ Q c ~ ~ . . - Q ¢ u i t n ~ m ~ m ~ c c u~i u~i ~ ~ d a m t6 w a a u i °~ v ~ °1 ~ ~ a i a a ` ` c i c i N c i N N ~ ~ n w m v ~ ~ Q ~ Q Q (n fA (n ~ 'E °1rn °1v, `m `w m a) 'N m N a) m m m O Q Q N v) y U U U U U U U U U ~ u u r~ r~i ' u 'C p p p p p p p p p ' ° ° ~ a a a. a a a a a a a d a a n . a ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N d N M V ~ f0 f~ D] O1 O ~ N M V. N t0 I~ N O~ O .-~ . ~ ~ ~ ~ ^ ~ ~ co m m ~ ~ co cn ~o ~ r ~ ~ n ~ ~ r n m m rn m ~ ~ Z RESOLUTION NO. 6609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,IN SUPPORT OF CONTINUED AB 939 DNERSION CREDIT FOR USE OF GREEN WASTE AS ALTERNATNE DAILY COVER AT LANDFILLS WHEREAS, the Integrated Waste Management Act of 1989 (Assembly Bill 939 ar"AB 939") placed aggressive waste diversion mandates on local govemments to achieve 50 percent waste diversion by the year 2000 and delegated discretion to local government as to how best to comply with the law; and WHEREAS, state law clearly establishes that the use of a waste product, such as shredded green waste, for construction and operation of a solid waste landfill, including the use of green waste as alternative daily cover, displaces the use of virgin materials and consritutes diversion through recycling and is not considered disposal; and WHEREAS, the use of green waste as alternative daily cover at County Sanitation Districts of Los Angeles County landfills conserves natural resources, energy, and landfill capacity, and contributes to the production of green power from landfill gas thereby reducing reliance on fossil fuels; and WHEREAS, the City of Arcadia has taken the initiative to implement separate green waste collection and rely upon the consistently dependable recycling of green waste for alternative daily cover far a significant portion of their waste diversion compliance; and 1 WHEREAS, from time to time, the Legislature has considered proposals to eliminate waste diversion credits for green waste alternative daily cover programs; and WHEREAS, these proposals would severely limit the discretion local jurisdictions are afforded by AB 939 and would require them to invest substantial addirional resources in developing new programs to replace those green waste alternative daily cover programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORIVIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Arcadia strongly supports the continuation of waste diversion through recycling for green waste alternative daily cover programs under AB 939, and the City Council further directs City Staff to communicate this policy posirion to members of the Legislature, the Governor of California and administrative agencies, as necessary. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this 19th day of February , 2008. I~~ ~9~~~~ ~~~~~ Mayor of the City of Arcadia ATTEST: ~ JAM H. RR ~ City Clerk APPROVED AS TO FORM: Cr'~ti V " . ~~t.C, 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. 6609 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor Pro Tempore and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Ghandler, Harbicht, and Wuo NOES: None ABSENT: Council Member Segal 15/ JAMES H. ~~RR~~S City Clerk of the City of Arcadia 4 : RESOLUTION NO. 6606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECiJRRENT PUBLIC NUISANCE, AND DECLARiNG ITS INTENTION TO PROVIDE FOR THE ABATEIVIENT THEREOF AND TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 4, 2008 THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or provide property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherrvise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flanunable material growing or existing upon the private properiy hereinafter described, and upon the streets and sidewalks in front 1 ., of said property consritutes a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to- wit: That certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the City Council determines that the weeds, brush, rubbish, dry grass, stubble, refuse or other flaminable material in and upon and in front of the real properiy hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause norices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recunent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this i9thday of February , 2008. BS! ~ICKEY ~~G,~~~ Mayor of the City of Arcadia ATTEST: ~Si ~~ ~$ H. ~t~~~!:~a~~~~ City Clerk APPROVED AS TO FORM: ~~M n ~~~ City Attorney 3 STATE OF CALIFORNIA ) COLINTY 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. 6606 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor Pro Tempore and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, and Wuo NOES: None ABSENT: Council Member Segal IS! JAM He ~~ ~ City Clerk of the City of Arcadia 4 LOS ANGELES COUNTY DECLARATION LIST DATE 12 24 07 CITY OF ARCADIA SN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL N0. KEY 06 035 SANTA ANITA CANYON RD 5765 002 012 6 7 06 035 SANTA ANITA CANYON RD 5765 002 013 5 7 06 035 CANYON RD 5765 002 900 1 7 06 035 HIGHLAND VISTA DRIVE 5765 O11 O11 8 7 06 035 HIGHLAND OAK DRIVE 5765 030 O10 9 7 06 035 NORTH OF TOREY PINES DRIVE 5771 001 007 7 7 06 035 TORREY PINES DRIVE 5771 032 008 1 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 7 06 035 TORREY PINES DRIVE 5771 033 O15 0 7 06 035 TORREY P2NES DRIVE 5771 033 016 9 7 06 035 TORREY PINES DRIVE 5771 033 017 8 7 06 035 FLOWER ST 5773 005 900 4 7 06 035 FLOWER ST 5773 005 901 3 7 06 ~ 035 FRONT ST ' S773 006 910 0 7 06 035 153 E SANTA CLARA ST 5773 007 009 0 7 06 035 INDIANA ST . 5773 O10 905 9 7 06 035 INDIANA ST 5773 O10 906 8 7 06 035 INDIANA ST 5773 O10 907 7 7 06 035 INDIANA ST 5773 O11 922 6 7 06 035 INDIANA ST 5773 O11 923 5 7 06 035 INDIANA ST 5773 O11 924 4 7 06 035 INDIANA ST 5773 O11 925 3 7 06 035 INDIANA ST 5773 O11 926 2 7 06 035 3RD AVENCTE 5773 O15 937 0 7 06 035 3RD AVENUE 5773 O15 938 9 7 06 . 035 3RD AVENt7E 5773 O15 939 8 7 06 035 3RD AVENOE 5773 O15 940 5 7 06 ~ 035 , 3RD AVENCJE 5773 O15 941 4 7 06 035 3RD AVEN(7E 5773 O15 942 3 7 06 035 3RD AVENUE 5773 O15 943 2 7 06 035 3RD AVENUE 5773 O15 944 1 7 06 035 3Td AVENUE 5773 O15 945 0 7 06 035 3RD AVENUE 5773 O15 946 9 7 06 035 3RD AVENCTE 5773 O15 947 8 7 06 035 3RD AVEN[7E 5773 O15 948 7 7 06 035 3RD AVENIIE 5773 O15 949 6 7 06 035 3RD AVENL7& 5773 O15 950 2 7 06 035 3RD AVENCJE 5773 O15 951 1 7 06 035 COLORADO HLVD 5775 022 900 7 7 06 035 COLORADO BLVD 5775 022 901 6 7 06 D35 SANTA CLARA STREET 5775 025 025 0 7 06 035 FOOTHILL FWY 5775 026 902 6 7 06 035 FOOTHILL FWY 5775 026 903 5 7 06 035 FOOTHILL FWY 5775 026 904 4 7 06 035 FOOTHILL FWY 5775 026 905 3 7 06 035 ~CORNELL RD 5775 026 906 2 7 06 035 DUARTE RD 5779 O15 004 2 7 06 035 23 E DUARTE RD ~ 5779 O15 005 1 7 06 035 25 E DUARTE RD 5779 O15 006 0 7 06 035 DITARTE RD 5779 015 007 9 7 -1- APFENDIX "A" LOS ANGELES COUNTY DECLARATION LIST DATE 12 24 07 - CITY OF ARCADIA ~ IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 201 E DUARTE RD 5779 018 040 2 7 06 035 LEROY AVEN[7E 5784 020 014 3 7 06 035 NORMAN AVENUE 5786 014 013 3 7 06 035 LIVE OAK AVENUE 5790 027 034 6 7 06 035 CLARK ST 8532 016 001 5 7 06 035 - CLARK ST 8532 016 004 2 7 06 035 CLARK ST 8532 016 022 0 7 06 035 GOLDRING RD 6532 O18 005 7 7 06 035 GOL-RING RD 8532 O18 O11 9 7 06 035 122 E LIVE OAK AVE . 9573 024 005 5 7 06 035 128 E LIVE OAK AVE 8573 024 006 4 7 WEED KEY 7 TOTAL VACANT/IMPROVED RECORDS WEED KEY 7 TOTAL UNIMPROVED RECORDS WEED KEY 7 TOTAL RECORDS 0 61 61 -2- lP%03!2007 12:ZJ FA% Mw'~ . ;~' "~ . * ~,y. r . . . `~,„,,,~..,' 828J50T077 LAC ~AD PEST MGMT cotnvrY oF r,os ~vc~Es Depeilmewt of Agricultural Canemissroner/ Weights and Measures Fax No: 626t350-7077 1CeHt E. FJOren ,4g~icwlturel Comrnisslonei Di~ectorWWeigMs antl Meawrea November 6, 2007 The Honorable Cky Council City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 ATTENTION: CITY CLERK Aiefp://acwn~cataca+v t¢J 001 12300 lowerAzusa Road Arcadra Cali/anra 91006-5872 RECEIVED a~c 3 ~ CITY OF ARCADIA citv c~eaK Listed below are the proposed dates for the adoption of our annual Declaratio~ List Resolution and the Protest Hearing. The adoption of resolution, hearing and mailing dates will appear on the declaration cards mailed to the property owners. Resolution and Declaration List Delivery Date: January 1S, 2008 Resolution Adoption Date: February 19, 2008 Protest Hearing Date: March 4, 2008 If you find these dates to l~ agreeable with your council and calendar. Please sign and fax (626/350-7077) a Copy of this ietter as a confirmation no later than November 22, 200T. Th~ Declaratian Cards will be printed on or before December 15 and your meeting dates cannot-ba changed after that da~. Any consideration in placing our kem early on your agenda would be appreciated. If you have any questions or need additional infortnation, please contact me at (828) 575-5487. Very truly yours, RAYMOND B. SMITH Deputy Director; Bureau Chief Weed Hazard & Pest Management Bureau ~ La~a-- ~1`~,.:~v.~ -2.. ~ CORINA MONSIVAIZ '~ Staff Assistant Weed Hazard & Pest Management Bureau RBS:CM:cm CoiAReao09teo2008fortn.hm Signed onti-m tion ~~ ~L b D te Please print current MayOr's name below: CS~WO( ~l`GIC+PN J2~cJ~ Please print City Clerk's name below: ~vnes ~irf~~S Protocting Consume~s and tha Emrironment Since 1881 To 8nneh Lives Through Effactive and Garing Servfce >- ;;-:; . ,: ~a~a~ c + t ,t ~, t + ~_ ~ Y GI{IIOFM~ r KuR E. Floren Agricultursl Commissioner Director of Weights and Measures JaT1U2.T)' 1$, 20~g COUNTY OF LOS ANGELES Department of Agricultural Commissioner/ Weights and Measures 12300LowerAzusa Road Arcadia, Califomia 91006-5872 ht(p://acwm. co.la ca us The Honorable Mayor Mickey Segal City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Deaz Mayor Segal: Richard K. lizuka Chief Deputy RECEIVED JAN 15 ~108 CITY OF ARCADIA CIiY CLERK Transmitted herewith is the Declaration List of properties which have been found, by inspection, to have weeds, brush and/or rubbish growing or occurring upon them and which constitute an existing or potential hazazd to the health and safety of adjacent property owners. Also attached is a resolution for adoption by the City Council declaring that hazardous weeds, brush, rubbish, etc., growing or occurring upon or in front of the listed properties aze a seasonal and recurrent public nuisance. It is my recommenda6on that the Honorable City Council adopt this resolution at your meeting of February 19, 2008, which sets Mazch 4, 2008 at 7:00 p.m. as the date and time for Hearing of Protests. Any changes to the list of properties must be submitted to our Department in writing. After your City Council adopts the resolution, please send a copy to our Weed Abatement Division at the above address. tlnnual Weed Abatement notices will be sent to the owners of the properties identified in the resolution pursuant to state law. An affidavit of mailing will be submitted to the City Council afrer the mailing has been completed. Respectfully submitted, c ) ~~--~ ~/ -t~_ KURT E. FLOREN Agricultural Commissioner Director of Weights and Measures KEF:RKI:RBS:cm Enc. Protecting Consumers and the Environment Since 7881 To Enrich Lives Through Effective and Caring Service RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOWS: BE IT RESOLVED THAT, pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: SECTION 1. That the weeds, bnxsh or rubbish growing or existing upon the streets, sidewalks, or private property in the city attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are othenvise noxious, dangerous, or a public nuisance. SECTION 2. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazazd. SECTION 3. That by reason of the foregoing fact, the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property constitute a seasonal and recurrent public nuisance and should be abated as such. SECTION 4. That the private property, together with the streets and sidewalks in front of same herein refened to, is more particulazly described as follows, to-wit: That certain property described in the attached list hereto and by this reference made a part hereof as though set forth in full at this point. BE IT THEREFORE RESOLVED, pursuant to the findings of fact, by this Council heretofore made, that the weeds, brush, rubbish, dry grass, stubble, refuse, ar other flammable material in and upon and in front of the real property hereinbefore described constitute and aze hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail and said notice shall be substantially in the following form to-wit. NOTICE TO DESTROY WEEDS, REMOVE BRUSH, RUBBISH AND REFUSE Notice is hereby given that on February 19, 2008, the City Council of the City of Arcadia passed or will pass a resolution declaring noxious ar dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse were growing or occurring upon or in front of said property on certain streets in said city or unincorporated area of the County of Los Angeles, and more particularly described in the resolution, and that they constitute a fire hazard or public nuisance which must be abated by the removal of said noxious or dangerous vegetation, rubbish and refuse, otherwise they may be removed and the nuisance abated by County authorities and the cost of removal assessed upon the land from or in front of which the noxious or dangerous vegetation, rubbish and refuse aze removed, and such cost will constitute a special assessment against such lots or lands. Reference is hereby made to said resolution for further particulazs. In addition, the Boazd of Supervisors authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of noxious or dangerous vegetation, rubbish and refuse and the recovery of inspection costs, are hereby notified that they may attend a heazing of the City Council of said city to be held at 240 W. Huntington Drive, Arcadia, CA 91007, in the Council Chambers on March 4, 2008 at 7:00 p.m. where their objecdons will be heard and given due consideration. If the property owner does not want to present objections to the proposed removal of the noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse, or the recovery of inspection costs, the owner need not appear at the above mentioned heazings. City Clerk of the City of Arcadia BE IT THEREFORE RESOLVED, that the Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. BE IT FURTHER RESOLVED THAT the 4th day of Mazch, 2008, at the hour of 7:00 p.m. of said day is the day and hour, and the Meeting Room of the City Coiu~cil of the City of Arcadia in the City Hall in the City of Arcadia is fixed by this City Council as the place when and where any and a11 property owners having any objections to the aforesaid proposed removal of weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material may appear before the City Council and show cause why said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heazd and given due consideration; and BE IT RESOLVED THAT the notices to destroy weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material hereinbefore refened to shall be mailed by said Agricultural Commissioner/Director of Weights and Measwes at least ten days prior to March 4, 2008. PASSED AND ADOPTED this day of , 2008 MAYOR OF THE CITY OF ARCADIA ATTEST: CITY CLERK OF THE CITY OF ARCADIA ABATEMENT ORDER Mazch 4, 2008 FOLLOWING THE PUBLIC HEARING HELD, IN THE MATTER OF RESOLUTION TO ABATE NOXIOUS WEEDS, RUBBISH, AND REFUSE, THE CITY COUNCIL OF THE CITY OF ARCADIA, BY MOTION ADOPTED AN ORDER DIRECTING THE AGRICULTURAL COMMISStONER/DIRECTOR OF WEIGHTS AND MEASURES TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, AND REFUSE REMOVED. 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KEY 06 035 SANTA ANITA CANYON RD 5765 002 012 6 7 06 035 SANTA ANITA CANYON RD 5765 002 013 5 7 06 035 CANYON RD 5765 002 900 1 7 06 035 HIGHLAND VISTA DAIVE 5765 O11 O11 8 7 06 035 HIGHLAND OAK DRIVE 5765 03D O10 9 7 06 035 NORTH OF TOREY PINES DRIVE 5771 001 007 7 '7 06 035 TORREY PINES DRIVE 5771 032 008 1 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 7 06 035 TORREY PINES DRIVE 5771 033 O15 0 7 06 035 TORREY PINES DRIVE 5771 033 016 9 7 06 035 TORREY PINES DRIVE 5771 033 017 8 7 06 035 FLOWER ST 5773 005 900 4 7 06 035 FLOWER ST 5773 005 901 3 7 06 035 FRONT ST 5773 006 910 0 7 06 035 153 E SANTA CLARA ST 5773 007 009 0 7 06 035 INDIANA ST 5773 O10 905 9 7 06 035 INDIANA ST 5773 O10 906 S 7 06 035 INDIANA ST 5773 O10 907 7 7 06 035 INDIANA ST 5773 O11 922 6 7 06 035 INDIANA ST 5773 O11 923 5 7 06 035 INDIANA ST 5773 O11 924 4 7 06 035 INDIANA ST 5773 O11 925 3 7 06 035 INDIANA ST 5773 O11 926 2 7 06 035 3RD AVENC7E 5773 O15 937 0 7 06 035 3RD AVENUE 5773 O15 938 9 7 06 035 3RD AVENC7E 5773 O15 939 8 7 06 035 3RD AVENIIE 5773 O15 940 5 7 06 035 3RD AVENUE 5773 O15 941 4 7 06 035 3RD AVENCJE 5773 O15 942 3 7 06 035 3RD AVENDE 5773 O15 943 2 7 06 035 3RD AVENUE 5773 O15 944 1 7 06 035 3rd AVENCJE 5773 O15 945 0 7 06 035 3RD AVENIIE 5773 O15 946 9 7 06 035 3RD AVEN[JE 5773 O15 947 S 7 06 035 3RD AVENC7E 5773 O15 948 7 7 06 035 3RD AVENUE 5773 O15 949 6 7 06 035 3RD AVENUE 5773 O15 950 2 7 06 035 3RD AVENCJE 5773 O15 951 1 7 06 035 COLORADO BLVD 5775 022 900 7 7 06 035 COLORADO BLVD 5775 022 901 6 7 06 035 SANTA CLAR.A STREET 5775 025 025 0 7 06 035 FOOTHILL FWY 5775 026 902 6 7 06 035 FOOTHILL FWY 5775 026 903 5 7 06 035 FOOTHILL FWY 5775 026 904 4 7 06 035 FOOTHILL FWY 5775 026 905 3 7 06 035 CORNELL RD ~ 5775 026 906 2 7 06 035 DUARTE RD 5779 O15 004 2 7 06 035 23 E DUARTE RD 5779 O15 005 1 7 06 035 25 E DUARTE RD 5779 O15 006 0 7 06 035 DUARTE RD 5779 O15 007 9 7 -1- LOS ANGELES COUNrY DECL~RATION LIST DATE 12 24 07 CITY OF ARCADIA IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 201 E DUARTE RD 5779 018 040 2 7 06 035 LEROY AVENUE 5784 020 014 3 7 06 035 NORMAN AVENUE 5788 014 013 3 7 06 035 LIVE OAK AVENUE 5790 027 034 6 7 06 035 CLARK ST 8532 016 001 5 7 06 035 CLARK ST 8532 016 004 2 7 06 035 CLARK ST 8532 016 022 0 7 06 035 GOLDRING RD 8532 O18 005 '7 7 06 035 GOLDRING RD 8532 018 O11 9 7 06 035 122 E LIVE OAK AVE 8573 024 005 5 7 06 035 128 E LIVE OAK AVE 8573 024 006 4 7 WEED KEY 7 TOTAL VACANT/IMPROVED RECORDS 0 WEED KEY 7 TOTAL UNIMPROVED RECORDS 61 WEED KEY 7 TOTAL RECORDS 61 -2-