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Home My WebLink AboutAugust 2, 2005• "".o.w, .. n~~° .~M'~ MEETlNG AGENDA Arcadia City Council and Redevelopment Agency TUESDAY, AUGUST 2, 2005 oao ~ This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any matter on the agenda, please call the office of the City Clerk at (626) 574-5455. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574-5401 at least three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. 6:00 p.m., City Council Chamber Conference Room ROLL CALL AUDIENCE PARTICIPATION -(5 minutes per person) CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor cont2ct negotiations - California Teamsters Public, Professional and Medical Employees' Union 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia. Police Officers' • Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time Employees (City Negotiators: William W. Floyd and Tracey Hause. 7:00 p.m. in the Council Chamber INVOCATION PLEDGEOFALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS REPORT FROM CLOSED SESSION MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL 1. PUBLIC HEARING - CITY COUNCIL a. Counri of Los Anaeles Deoartment of Aqricultural Commissioner/Weiqhts and Measures Annual Weed Abatement Charoe List. Recommendation: Approve AUDIENCE PARTICIPATION -(5 minutes per person) REPORTS FROM ELECTED OFFICIALS • 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the July 19. 2005 Reaular Meetina. • Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the Julv 19. 20~5 Reoular Meeting. Recommendation: Approve c. Renewal of Local Emerqena Proclamation for Winter Storm Damage. Recommendation: Approve d. Resolution No. 6474 establishing compensation and related benefts for executive manaaement and manaaement emolovees. Recommendation: Approve e. Resoiution No. 6475 establishina comoensation for all oart-time temoorarv emolovee oositions. Recommendation: Approve f. Resolution No. 6476 establishing compensation and related benefts for emolovees re~resented bv the Arcadia Firefighters' Association (AFFA) for July 1: 2005 throuah June 30, 2007. Rernmmendation: Approve g, Resolution No. 6477 establishing compensation and related benefts for employees reoresented bv the Arcadia Police OfFcers' Association fAPOA) for 7ulv 1. 2005 through ]une 30, 2007. Recommendation: Approve h. Reied all bids for the Tra~c Sianal Installation at the intersection of First Avenue and Santa Clara • Street. Recommendation: Approve i. Authorize the CiN Manaoer to enter into Amendment No. 1 of the Professional Services Aqreement with Anderson Consultlna Services for insoection services of the Street Rehabilitation W/B Huntinqton Drive & Colorado Place oroiect in the amount of $5.600. Recommendation: Approve j. Award a_9ne fl) vear ourchase order contract extension in the amount of ~102.418.00 to West-Lite Supply Co.. Inc. for the ourchase of electrical liahting and accessories. Recommendation: Approve k. Awa~d a one (1) veac ourchase order contrad extension in the amount of ~75,000.00 to Della Distributinq, Inc. for the ourchase of janitorial supplies for various Citv facilities. Recommendation: Approve Reward offer of ~1D,000 for information leading to the identifcaNon and arrest of susoect(s) in the murder of Ryan Brock. Recommendation: Approve m. Ordinance No. 2209, amendina Article III, Chaoter 9 of the Arcadia Municipal Code relating to public saferi alarm systems. Recommendation: Adopt r1 LJ n. Authorize the Citv Manaaer to aoorove an addendum to the Professional Services Aqreement with • Stetson Engineers Inc in the amount of $5 O50 0~ for the Water Supolv Assessment (WSA) for the Caruso Proiect. Recommendation: Approve o. Resolution No. 6468, dedicatino Lot 3 of Parcel Map No. 25852 for road~rooses allowina access to Lot 2 of Parcel Map 60059 ftom Winnie Way and acceot the dedication as set forth in Parcel MaQ No. 60059 at 1630 South Santa Anita Avenue. Recommendation: Adopt and Accept p. Authorize the retention of Studio Saectrum. Inc. in an amount not to exceed ~25.D00.00 to film. r~oaram and nrovide other ancillarv services related to the live broadcast of Citv Council meetinos durina fiscal vear 2005-2006. Recommendation: Approve AD]OURNMENT The City Council will adjourn this meeting to AugusF 16, 2005, 6:00 p.m. in the Council Chamber Conference Room. ~ • ., ., .,~~°~.~. ANNOTATED AGENDA Arcadia City Council , II~ and ~ Q ~.,,,, ,,,....~ . Redevelopment Agency Meeting TUESDAY, AUGUST 2, 2005 CLOSED SESSION ~ - . a. Pursuant to Government Code Section 54957.6 to confer about labor contrac[ negotiations - California . Teamsters Public, Professional and Medical Employees' Union 911 (Confden[ial, Supervisop ~ Professional and General Employee Unit and Public Works Employee Unit), Artadia Police Officers' No Reportable ~ Association, Artadia Firefighters' Association, and unrepresented employees: Department Heads, ~ Aetion Division Managers, Supervisors, and Part-time Employees (City Negotiators: William W. Floyd and ~ Tra[ey Hause. MOTION TO READ ALL ORDINANCES/RESOUJTIONS BY 73TLE ONLY AND WAIVE READING IN FULL . Approved 4-0 MOTION TO EXCUSE COUNCIL/AGENCY MEMBER SEGAL FROM TONIGHT'S PROCEEDINGS. A motion was made by Coundl Member Kovacic, seconded by Council Member Marshall, and carried without ~ objection to excuse Council/Agency Member Segal from tonighYs proceedings. 1. ~ PUBLIC HEARING - CITY COUNCIL a. Counri of Los Anaeles Departrnent of Aoricultural Commissioner/Weiahts and Measures Annual Weed Approved Abatement Charge List . . 4- 0 Recommendation: Approve ~ 2. CONSENTCALENDAR-ARCADIAREDEVELOPMENTAGENCY a. Minutes of the ]uly 19, 2005 Reaular Meednq. Approved Recommendation: Approve 4 • 0 ~ CONSENTCALENDAR-CITYCOUNCIL b. Minutes of the ]uly 19. 2005 Reaular Meeting. ~ Approved, as Recommendation: Approve amended 4-0 c. Renewal of Local Emeraencv Prodamation for Winter Storm Damaoe. Approved ~ Recommendation: Approve . 4 - 0 d. Resolution No 6479 establishing compensation and related benefts for exetutive management and Approved . manaaement employees., 4 - 0 Recommendation: Approve ~ e. Resolution No. 6475 establishina comoensation for all part-time temoorarv emoloyggpositions Approved Retommendation: Approve 4 - 0 ' f. Resolution No. 6476 establishina comoensation and related benefits for employees reoresented bv the Approved Arcadia Firefiohters' Association (AFFI~ for Julv 1 2005 through ]une 30, 2007 4- 0 Recommendation: Approve g. Resolution No. 6477 establishinn tompensation and related benefits for employQes reoresented 6y the Approved, as Arcadia Police Officers' Association (APOA1 for Julv 1. 2005 through June 30 2007. amended Recommendation: Approve , ~ 4 - 0 h. geject all bids for the Traffic Signal InsWllation at the intersection of First Avenue and Santa Clara Approved Street' 4 - 0 ~ Recommendation: Approve ~ i. Buthorize the Ciri Manager to enter into Amendment No. 1 ofkhe Professional Services Agreement ~ with Anderson Consultina Services for inscectioriservices of the Street Rehabilitadon W/B Huntinaton ppPro~~ Drive & Colorado Place proieR in the amount of ffi5.600. , ~ - q_ p - Remmmendation: Approve Award a one (il vear.purchase order contratt e~ctension in the amount of 5102.418.00 to West-Lite ppproved S,~oolv [o Int for the ourchase of electrical lightina and accessories - 4- 0 Recommendation: Approve " , k. Award a one (1) year ourthase order contract extension in the amount of 475 000 00 to Delta ppproved Distributing. Int for the ourchase of janitorial suo~lies for various CiN facilities. q_ p Recommendation: Approve Reward ofFer of 410 000 for information leadina to the identiftation and anest of susoettlsl in tlie qpproved murder of Ryan Brotk 4- D Retommendation: Approve ~ m. Ordinan[e No. 2209. amendina Artitle III Chaoter 9 of the Arcadia Municioal Code relatino to oubli[ ~ Approved safeN alarm systems. ~ . 4- 0 Recommendation: Adopt n. Authorize the CiN Manager to aoorove an addendum to the Professional Services Aareement with Stetson Engineers. Inc in the amount of 55.050 00 for the Water Sup.ply Assessment (WSA) for the Approved Caruso Proiect. 4 - 0 Recommendation: Approve o. flesolution No 6468 dedicatina Lot 3 of Parcel Mao No. 25652 for road ourooses allowina attess to l.ot 2 of Parcel Mao 60059 from Winnie Wav and aaeot the dedication as set forth In Parcel MaRNg Approved 60059 at 1630 South SanW Anita Avenue. ~ 4- 0 Recommendation: Adopt and Accept ~ p. Authorize the retention of Studio Scectrum Inc in an amount not to exceed 525.000 00 to flm orqgram and orovide other anciliary servites related to the live broadtas! of CiN Council meetina5, ppproved durina fiscal vear 20~5-2006. ~ 4- 0 Recommendation: Approve 47:0073 v.,.ow,, MINUTES Arcadia City Council ~~Q ~.~ and ~n~ Redevelopment Agency Meeting L~L~IL~I . ~•'°„~,~°•°f TUESDAY, AUGUST 2, 2005 6:00 p.m., City Council Chamber Conference Room ROLL CALL PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, and Wuo ~ ~ ABSENT: Council/Agency Member Segal - . AUDIENCE PARTICIPATION -(5 minutes per person) None. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations- ` Californla Teamsters Public, Professional and Medical Employees' Union 911 (Confidential, Supervisor, Profes5ional and General Employee Unit and Public Works Employee Unit), • Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-tlme Employees (City Negotiators: William W. Floyd and Tracey Hause. 7:00 p.m. in the Council Chamber INVOCATION Reverend Terry Keenan, Santa Anita Church PLEDGE OF ALLEGIANCE Jim Hetms, former City of Arcadia Mayor ROLL CALL PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, and Wuo , ABSENT: Council/Agency Member Segal MOTION TO EXCUSE COUNCIL/AGENCY MEMBER SEGAL FROM TONIGHT'S A motion was made by Council Member Kovacic, seconded by Council Member Marshall, and carried' withou[ objection to excuse Council/Agency Member Segal from tonighYs proceedings. SUPPLEMENTAL INFORMATION ~FROM STAFF REGARDING AGENDA ITEMS Don Penman, Assistant City Manager/Development Services Director noted that the Council had received revised minutes from the ]uly 19, 2005 Council(ARA meeting (items 2.a. and 2.b.) and Fhat item 2. g. will be amended with additional language as provided by the City Attorney; these items will appear later on the Council's Re9ular Meeting Consent Calendar for consideration. REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, reported that the City Council/Redevelopment Agency did not take any reportable action on item a. on tonighYs Closed Session agenda. MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WANE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried without objection to read all ordinances/resolutions by title only and waive reading in full. 08-02-05 47:0074 1. PUBLIC HEARING - CITY COUNCIL a. County of Los Anaeles Pepartrnent of Agricultural Commissioner/Weights and Measures Annual Weed Abatement Charge List. Recommendation: Approve Staff Report Vida Tolman, Chief Deputy City Clerk provided the staff report; it was staffs recommendation that the Council approve the attached charge list so that the County Auditor may enter the amounts of the respective assessment against the respedive parcels of land as they appear on the current assessment roll. Public Hearing None. Testimony Motion to Close A motion to close the public hearing was made by Council Member Chandler, seconded by Council Public Hearina Member Kovacic, and was carried unanimously. Council None. Deliberation Motion A motion was made by Council Member Kovacic, seconded by Council Member Chandler, and carried on roll call vote to approve the charge list so that the County Auditor may enter the amounts of the respective assessmenf against the respective parcels of land as they appear on the current assessment roll. Roll Call Ayes: Council/Agency Member Chandler, Kovacic, Marshall, and Wuo Noes: None AUDIENCE PARTICIPATION -(5 minutes per person) im Helms, appeared to speak against redevelopment activity related to the Rusnak automobile dealership. James Greth. C~nthia Tux Cohan. Melodv Wall. David Medina. and Carmie FalabrinpArcadia residents, appeared to speak regarding peafowl issues brought up at the July 19, 2005 Council meeting. REPORTS FROM ELECTED OFFICIALS CHANDLER No comments this evening. KOVACIC Thanked those who appeared to speak during the public comment period; complimented all those who assisted with procuring $2.5 million for the Santa Anita Transportation Corridor Project; sent his best wishes for a speedy recovery to Motor Officer Mike Hale; noted the new o~cers of the Library Board of Trustees. MARSHALL Sent best wishes for a speedy recovery to Officer Mike Hale; thanked all of those who attended the unveiling of the "Arcadia Supports our Troops" sign and thanked staff members Linda Garcia, Yvonne Yeu~g, and the Public Works Services Departrnent for their assistance with the sign; her food for thought item was "A very great part of the mischiefs that vex this world arise from words." WUO Noted the recent $2.5 million in funding that was received by the City of Arcadia; send best wishes for a speedy recover to Officer Mike Hale. OS-02-05 47.0075 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minu[es of the Julv 19, 2005 Reaular Meetina. as_amended. Recommendation: Approve , CONSENT CALENDAR - CITY COUNCIL 6. Minutes of the Julv 19, 2005 Regular Meetinq, as amended. Recommendadon: Approve c. Renewal of LocafEmergency Proclamation for Winter Storm Damaae. Recommendation: Approve d. Resoludon No. 6474 establishina comoensation and related benefits for executive manaaement and manaoement employees. Recommendation: Approve e. Resolution No. 6475 establishinq comoensation for all oart-time temporar~emplo~e o i' n Recommendation: Approve f. Resolution No 6476 establishina comoensation and related benefits for emploKees reoresented bv the Arcadia Firefiohters' Association (AFFAI for ]ulv L. 2005 throuah June 30. zoa~. Recommendation: Approve g. Resolution No. 6477 establishing compensation and related benefts for em I~o~s represented bv the Arcadia Police O~cers' Aswciation lAPOAI for July 1. 2005 throuah June 0~, 2~~7• Recommendadon: Approve Steve Deitsch, City Attorney proposed the following amended recommendation for the Council's adion on Resolution No. 6477: Section 1. The City Council hereby approves that certain Memorandum of Understanding by and between the City of Arcadia and the Arcadia Police Offcers' Association dated effective as of July 1, 2005, a copy of which is attached hereto, as modified by the tertns of that cer[ain side letter between the City and the Arcadia Police Officers' Association dated August 1, 2005, subjed to ratiflcation and execution of the Memorandum of Understanding and the side letter by the Arcadia Police Officers' Association. h. Reied all bids for the Traffic Siqnal Installation at the intersedion of First Avenue and SanW Clara Street. _ Recommendation: Approve i. Authorize the CiN Manaaer to enter in[o Amendment No. 1 of the Professional_ Services Aareement with Anderson Consulting Services for insoection services of the Street Rehabilitation W/B Huntinoton Drive & Colorado Place oroject in the amount of ~5.600. Recommendation: Approve ~ j. Award a one !11 vear Rurchase order contract eMension in the amount of ~102.418.00 to West-Lite Suoolv Co Inc for the purchase of electrical liohtino and accessories. Recommendation: Approve ' k. Award a one (11 vear ourchase order contract extension in the amount of $75.000.00 to Delta Distributina. Inc for the ourchase of janitorial suoolies for various CiN facilitles. Recommendation: Approve OS-02-05 47:0076 Reward offer of 510.000 for information leadina to the identification and arres[ of suspect(s) in the murder of Rvan Brock. Recommendation: Approve m. Ordinance No. 2209, amending Article III. Chaoter 9 of the Arcadia Municipal Code relatina to nublic safetv alarm systems. Recommendation: Adopt n. Authorize the Ciri Manaaer to aporove an addendum to the Professional Services Aareement with Stetson Engineers. Inc. in the amount of $5.050.00 for the Water Suoolv Assessment (WSA) for the Caruso Proiect. Recommendation: Approve o. Resolution No. 6468. dedicatina Lot 3 of Parcel Map No. 25852 for road purposes allowinq access to Lot 2 of Parcel Map 60059 from Winnie Way and acceot the dedication as set forth in Parcel Mao No. 60059 at 1630 South Santa Anita Avenue. Recommendation: Adopt and Accept p. Authorize the retention of Studio Spectrum. Inc. in an amount not to exceed $25.000.00 to film, oroaram and orovide other anciliarKservices related to the live broadcast of CiN Council meetinos durina fiscal vear 2005-2006. Recommendation: Approve Motion A motion was made by Agency/Council Member Kovacic, seconded by Agency/Council Member Marshall, and carried on roll call vote to approve items 2.a. through 2.p., including items 2.a., 2.b., and 2.g. as amended, on the Redevelopment Agency/City Council Consent Calendars. Roll Call Ayes: Council/Agency Member Chandler, Kovacic, Marshall, and Wuo Noes: None ADJOURNMENT The City Council adjourned this meeting at 7:50 p.m. to August 16, 2005, at 6:00 p.m. in the Council Chamber Conference Room. James H. Barrows V~.~.P.~. By: Vida Tolman Chief Deputy Ciry Clerk/Records q oa-oz-o5 , •. - ~'p'awsq~ ~ ~- ~ ~ ;i ~~' . * C~LIfOFMf Kurt E. Floren Agricultural Commissioner/ Director of Weights and Measures July 11, 2005 The Honorable City Council City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 Council Members: CODNTY OF LOS ANGELES Depart~xent of Agrrcrdtural Commissiorrer/ Weights and Measures 11300 LniverAZUe~n Hoad Arrndia, Cnlijnri~ia 9/006-58i1 dI7p:Uacwnr. cnJn. ca. ~~s 2004-2005 REPORT ON THE COST OF WEED ABATEMENT Robert G. Atkins Chiel Deputy Pursuant to State law, a report on the cost of weed abatement (attached) is being submitted to your Honorable Body for confirmation, by motion or resolution, on the 2nd day of August, 2005 at the hour of 7:00 p.m. A copy of the report shall be posted on or near the chamber door of the City Council at least three days prior to its submission to your Honorable Body, with a notice of the time of submission. It is my recommendation that your Honorable Body confirm these charges. Respectfully yours, KURT E. FLOREN Agricuitural Commissioner/ Director of Weights and Measures KEF:RGA:RBS:cm CITYCONFIRM2005.FRM Attachments Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service v STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) SS ) CITY OF ARCADIA ) Raymond B. Smith, Deputy Director, Agricultural Commissioner/Weights and Measures, Weed Abatement Division of the Agricultural Commissioner/Weights and Measures office, of the County of Los Angeles, first being sworn, on oath states: That_on or be_fore the_28th day_of_July,_2005, he_posted_or_caused to be________ ____ posted, on or near the chamber door of the City Council of the City of Arcadia, a copy of his report of the cost of noxious weed abatement on each and all of the properties described in the list hereto attached, of which the annexed is a true copy thereof, setting the 2nd day of August, 2005, as the date upon which said report is to be submitted to the City Council of the City of Arc SUBSCRIBED AND SWORN TO BEFORE ME 28th day of July, 2005 ~ /~- - ity Clerk of City of Arcadia State of California REPORT ON THE COST OF WEED ABATEMENT TO THE CITY COUNCIL OF _ _... _ _ THE CITY OF ARCADIA Council Member: Pursuant to an order heretofore made by your Honorable Body instructing this Department to abate noxious or dangerous weeds and rubbish under the provisions of the Government Code, we respectfulfy submit the following report on the cost of abating such noxious weeds on each separate lot or parcel of land, showing the cost of removing such weeds on each separate lot or parcel of land, or in front thereof, or both, to-wit: (see attached) > August 2, 2005 The foregoing report was submitted to the City Council of the City of -'- _ _ ... __ _ - --- -- ___ - -- _ _. . __ Arcadia on the 2nd day of August, 2005, for confirmation and was with all objections thereto duly received and considered, and was by said City Council confirmed, and the County Auditor is hereby ordered and instructed to enter the amounts of the respective assessment against the respective parcels of land as they appear on the current assessment roll. CfTY COUNCIL OF THE CITY OF ARCADIA By 7~i ~-----~- City Clerk ' -~orws~ ~ P f t +~ '~ • t + ; ^ x t G14iO0.N"} KurCE.'F/oren Agncultural Commissioned Director of Weights and Measures May 2, 2005 The Honorable City Council City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 ' ATTENTION: CITY CLERK COUNTY OF LOS ANGELES ~ ~' IIZECEI1JEp,~ \, neyar~„~e,t~of _ ~ ' MAY ,~~~~6 2005 , Agricultura! Coraniissioner/ Weights and Me~sures (~IiY~HAFiCA07ll 61TY CL::F.K I2J00l,mverAz.rr.~ve RoaA RobeRG. H[nlns il rcadin, Cn(efoneia 91 n06-5872 Chief Deputy hrry,://acrom.co.la.ca. ns Listed below are the proposed dates for the delivery and protest hearing for our annual Weed Abatement Charge List. The hearing dates will appear on our letter, Report on Cost and Confirmation of Posting. Delivery Date: July 11, 2005 Posting Date: July 28, 2005 Report on Cost must be posted outside council chambers three (3) working days prior to hearing (CA Gov. Code Section 39575). Protest Hearing Date: August 2, 2005 If you find these dates to be agreeable with your council and calendar, please sign, date and mail or fax (626-350-7077) this letter by June 1, 2005. Any consideration in placing our item early on your agenda would be appreciated. If you have any questions, please contact Corina Monsivaiz or Jo Anne Benavidez at (626) 575-5487. Very t~uly yours, Bureau Chief Weed Hazard and Pest Management Bureau KEF: RBS:cm1~Y~oNFOS.«m c: City File, City Manager ~~~ CONFIRMATION - PLEASE SIGN l~" ~~,05 DATE Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service KURT E. FLOREN ; ~~ a, A \ ~ STAFF REPORT Office of the City Clerk DATE: TO: August 2, 2005 Honorable Mayor and City Council FROM: James Barrows, City Clerk Vida Tolman, Chief Deputy City Clerk/Records Manager Prepared by: Marina Simonian, Deputy City Clerk SUB]ECT: COUNTY OF LOS ANGELES DEPARTMENT OF AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES ANNUAL WEED ABATEMENT CHARGE LIST PUBLIC HEARING Recommendation: Approve SUMMARY: The Counry of Los Angeles (County) annually abates weeds, rubbish, and refuse upon certain properties located within the City of Arcadia. This public hearing has been scheduled to provide Arcadia residents, who have been charged inspection and/or abatement service fees by the County, an opportunity to protest the Weed Abatement charge list. DISCUSSION• on July 11, 2005 the Los Angeles County (County) Agricultural Commissioner's Office delivered a list of. private properties within Arcadia city limits upon which the County abated weeds and assessed charges (Attachment I). A second list shows the same properties listed by location and owner (Attachment II). Each property listed on the charge list has been posted and noticed of tonighYs public hearing. If a property owner lodges an objection to the assessed charges during tonighYs public hearing, the City Council may elect to have the matter investigated by the Arcadia Fire Department or overrule the objection. Othenvise, the Council may elect to approve the charge list as submitted. FISCAL IMPACT: There is no fiscal impact to the City in regard to the City Council's action on this item. Page 1 of 2 Staff recommends that the City Council review testimony from listed property owners, if any, and take appropriate action. Otherwise, staff recommends that the City Council approve the attached charge list so that the County Auditor may enter the amounts of the respective assessment against the respective parcels of land as they appear on the current assessment roll. Approved: ~"'~____!~ William R. Kelly, City Manager /Attachments JB:VT:MS:ms Page 2 of 2 .`- MG65 WEED ABATEMENT CHARGES BY WEED KEY 07/07/05 PAGE WEED MAPBDDK PAGE PARCEL ZONE CITY ~ TOTAL ' , KEY CODE CHARGES 7 5383 030 016 06 035 626.63 7 5765 002 012 06 035 6,043.81 7 5765 002 013 O6 035 34.51 7 5765 011 011 06 035 34.51 7 5765 030 010 06 035 34.51 7 5771 032 002 ~6 035 34.51 7" 5771 032 007 06 035 34.51 7 5771 032 008 ~6 D35 7,009.73 7 5771 032 013 06 035 2,105.42 7 5771 033 006 06 035 491.36 7 5771 033 007 06 035 613.61 7 5771 033 015 O6 035 2,134.66 7 5771 033 016 06 035 2,046.94 7 5771 ~33 017 06 035 1,111.26 7 5772 001 003 06 035 34.51 7 5773 007 009 06 035 34.51 7 5775 025 025 06 035 34.51 7 5777 036 002 06 035 34.51 7 5779 002 032 06 035 34.51 7 5779 002 033 06 035 34.51 7 5779 002 034 06 035 34.51 7 5779 013 012 06 035 34.51 7 5779 015 002 O6 035 34.51 7 5779 015 004 06 035 34.51 7 5779 015 ~05 06 035 34.51 7 5779 015 006 06 035 34.51 7 5779 015 007 06 035 34.57 7 5779 017 004 a6 035 34.51 7 5779 018 040 06 035 34.51 7 5780 025 054 06 035 34.51 7 5780 025 056 O6 035 34.51 7 5780 025 063 06 035 34.51 7 5780 025 070 06 035 34.51 7 5781 021 017 O6 035 34.51 7 5784 020 014 06 035 34.51 7 5788 014 013 06 035 34.51 7 5790 027 032 06 035 34.51 7 8532 016 001 06 035 1,136.77 7 8532 016 0~3 06 035 34.51 7 8532 016 004 06 035 34.51 7 8532 016 022 06 035 34.51 7 8532 017 009 06 035 34.51 7 8532 017 018 06 035 34.51 7 8532 017 057 06 035 34.51 7 8532 018 005 06 035 618.63 ATTACHMENT I MG65 WEED ABATEMENT CHARGES BY WEf D KEY 07/07/05 PAGE 2 , WEED MAPBDOK PAGE PARCEL ZDNE CITY TOTAL KEY CODE CHARGES 7 8532 018 011 06 035 752.39 7 8532 018 021 06 035 701.95 TOTAL PARCELS = 47/TOTAL CHARGES = 26,566.50 TUTAL IMPROVED PARCELS = /TOTAL CHARGES = TOTAL UNIMPROVED PARCELS = 13/TOTAL CHARGES = 25,393.16 TOTAL INSPECTION FEE ONLY PCLS= 34/TOTAL CHARGES= 1,t73.34 ,~ WEED ABATEMENT CHARGES BY ADDRESS ATTACHMENT II "F`..~''"''".'°.~'r "~°",~I ir?5 -a-r~~az~^^°,m~m^ss~~k ~{r,~° ~.,'~ , „r-c~r'1`''-"a~` ~ ~r:rs-~ a { ~-~r.. .,~-~^,--^^w~*~m.._~.... ~Street~Addres`s~P i~,Owners Name~;~i~~ !,i r~~~~ 4~, ~!~~;,;{~~ ~§~';`'(k}I~ , j ,. ~'~ ~~T~Charges t ~~~ii '~ , ~ ,~ Y 1725 S. Baldwin „~~ „ , x > John M Laraway & Tsu-Ling L„ $626.63 Santa Anita Cyn Rd. William Martin $6,043.81 Santa Anita Cyn Rd. William Martin $34.51 Highland Vista Dr. Virginia Brown Trust $34.51 Highland Oaks Dr. Helen Vida Trust $34.51 Monterey Pines Dr. J Jaska & B Kilboume $34.51 Torrey Pines Dr. Shan Ting & Huei H $34.51 Torrey Pines Dr. Zheng Bao H& Mel L $7,009.73 Whispering Pines.Dr. Charles Bluth Trust $2,105.42 Torrey Pines Dr. California Schoolhouse Develop $491.36 380 Torrey Pines Dr. California Schoolhouse Develop $613.61 Torrey Pines Dr. Nicholas Pokrajac . $2,134.66 Torrey Pines Dr. Nicholas Pokrajac $2,046.94 Torrey Pines Dr. Nicholas Pokrajac $1,111.26 1 st Avenue Jack Boone $34.51 153 E Santa Clara St. Josef & Inge Koeper $34.51 Santa Clara St. Elsworth Dahlgren Trust $34.51 i045 W. Huntington Dr. PBR Realty LLC $34.51 310 S 1 st Avenue Romolo De Paolis $34.51 306 S 1st Avenue Romolo De Paolis $34.51 S 1st Avenue Romolo De Paolis $34.51 58 Genoa St. Sung Sum Chan $34.51 3 E Duarte Rd. Raymond & Helen Myers $34.51 E Duarte Rd. Mitzie Hartzler $34.51 23 E Duarte Rd. Mitzie Hartzler $34.51 25 E Duarte Rd. Mitzie Hartzler $34.51 E Duarte Rd. Mitzie Hartzler $34.51 145 Alice St. Arcadia Presbyterian Church $34.51 201 E. Duarte Rd. Meilon Investmenf& Development LL $34.51 R& H Trail Polyco LLC $34.51 R& H Trail Polyco LLC $34.51 1504 S 8th Avenue Polyco LLC $34.51 5780-025-070 no records faund $34.51 LeRoy Avenue Jun Jia $34.51 LeRoy Avenue George Kolovos Trust $34.51 Norman Avenue Louis E. Nassaney $34.51 Live Oaks Avenue Orient Retreat Inc. $34.51 Clark St. Livingston Graham Inc. $1,136.77 Clark St. Livingston Graham Inc. $34.51 Clark St. Livingston Graham Inc. $34.51 Page 1 Clark St. Goldring Rd Goldring Rd Goldring Rd Goldring Rd Goldring Rd Goldring Rd WEED ABATEMENT CHARGES BY ADDRESS ATTACHMENT 11 Livingston Graham Inc. Consolidated Rock Products Co Clark St. LLC Clark St. LLC Samuel Kardashian Samuel Kardashian Wang Association $34.51 $34.51 $34.51 $34.51 $618.63 $752.39 $701.95 Page 2 ~ , C , -- ~ -~'-- e- ~ . _-----_.._..--- - --------...._ .. ._ ~co ,go . . - ---- ------- ~----------------- --- --.. ~°~T~°~ STAFF REPORT Office of the City Clerk DATE: February 1, 2005 TO: Honorable Mayor and Members of the City Council FRQM: Vida Tolman, Chief Deputy City Clerk/Records Manager~ SUB7ECT: PROCLAMATION OF LOCAL EMER ENCY Recommendatione Renew the Director of Emergency Services issuance SUMMARY: Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be afFected by a public calamiry and the City Council is not in session. The Director of Emergency Services (Director) of the ~ty of Arcadia found that conditions of extreme perii to the safety of persons and property arose within Arcadia caused by torrential rain, which began on ]anuary 8, 2005. The Director signed and issued a local emergency proclamation on January 13, 2005 (see attached). Pursuant to Ordinance No. 1432, Section 2213.2.1., whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the prociamation within seven (7) days thereafter or the proclamation shall have no further force or efFect. In addition, the City Council must act to renew the proclamation at each of their subsequent meetings until final termination of the emergency. At their January 18, 2005 meeting, the City Council acted to approve the local emergency proclamation via Resolution Na 6459, which reads as follows: A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMA7ION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN SAID C1TY PERTAINING TO THE TORRENTIAL RAIN AND RELATED MATT'ERS COMMENCING ON ]ANUARY 8, 2005. RECOMMENDATION: It is stafF's recommendation .that the City Council act to renew the local emergency proclamation by again approving Resolution No. 6459. APPROVED: '^"" '~ William R. Kelly, City Manager Page 1 of 1 WHEREAS, Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local exnergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, and; WHEREAS, the Director of Emergency Services of the City of Arcadia does hereby £md; that conditions of extreme peril to the safety of persons and property have arisen wittun said City caused by torrenrial rain; which began on the 8th day of January, 2005. and; - - - --. - __ _ That these conditions are or aze likeIy to be beyond the control of the equipment and facilities of said City, and; That the City Council of fhe City of Arcadia is not in session and cannot unmediately be called into session; NOW; THEREFORE, IT IS HET2EBY PROCLAIMS that a local emergency now exists throughout said City, and; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the, powers, funcrions and duties of the emergency organization of the this City shail be those prescribed by state law, by ordinances and resolutions of this City, and; ffiat this emergency proclasnation shall expire in 7 days after issuance unless confirmed and ratified by the governing body of the City of Arcadia. 7anuary 13, 2005 By: ~~ William R. Kelly City Mana~erlDirector of Emergency Services RESOLUTION N0. 6459 A RESOLUTION OF TI-~ CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFI'ING 'TI~ PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN SAID CITY PERTAINING TO TI~ TORRENTIAL RAIN AND RELATED MATTERS COMMENCING ON JANUARY 8, 2005 . VVHEREAS, Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence , by the City Council within seven (7} days; and WHEREAS, conditions of extreme peril to the safety of persons and property have. arisen within this City,. caused torrential rain commencing on January 8, 2005, at which time the City Council was not in session; and WE~REAS, said Ciry Council does hereby find that the aforesaid conditions. of exireme peril did warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS; the Director of Emergency Services did proclaim the existence of a local emergency within said City on the 13`h day of January, 2005. NOW, THEREFORE, THE CITY COUNCIL OF 'I'HE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: i SECTION 1. That said local emergency proclamation is hereby ratified ------- ----- - -. ._. _ -- _ - - ---- - -- -- - - and confirmed by the Arcadia City. Council and shall be deemed to continue to exist until its termination is proclaimed by ttie City Council of the City of Arcadia, State of California. SEC'TION 2. The City Clerk sha11 certify to the adoption of this Resolution. - Passed, approved and adopted this iath day of January , 2005. ~SI GARY ~, KOV~CiC ATTES'T: ° ~a~,- P• ~~+~ City Attorney Mayoz of the City of Arcadia z STATE-OF-CALIFOR3VIA -)---------- ----------. ----,-- 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. 6459 was passed and actopted by the City Coi.mcil of the City of Arcadia, signed by the Mayor and attesfed to by the City Clerk at a regular meeting of said Council held on the~$th day of January, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal; Wuo and Kovacic NOES: None ABSENT: None ~$-~H- ~~iRR~~~ rty er c~of the City of Arcadia 3 ' ~ ~2 . d. . J*o~8j'DA~Tp'fl~*~o9 STAFF REPORT Administrative Services Department DATE: August 2, 2005 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo~ Prepared by: Michael A. Casalou, Human Resources Administrator ~ SUBJECT: Resolution No. 6474 establishinq compensation and related benefits for executive manaaement and manaaement emalovees Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6474 establishing terms of emp~oyment and compensation for executive management and management employees. The issues for compensation and benefits are outlined in Resolution No. 6474 with an effective date of the first pay period in July 2005. Changes to the terms and conditions of employment include: 1. Implementation of Compensation Plan effective the first pay period in July 2Q05. 2. Increase ranges in the salary schedules by 3.1% effective the first pay period in July 2005. 3. Fire Battalion Chiefs working in excess of a 56 hour week will now be paid at straight time for operational assignments as defined by the Fire Chief in lieu of the current rate of time and one half. Fire Battalion Chiefs will also now receive Management Leave. 4. Eliminate the iwelve (12) hour floating holiday for Fire Battalion Chiefs and provide six (6) additional twelve (12) hour state and/or federal holidays. 5. Police Lieutenants assigned to race track traffic control duties shall be . compensated at 6 hours of straight time at the employee's rate. 6. Set the maximum vacation accrual at 65 pay periods for all management employees. Mayor and City Council August 2, 2005 Page 2 of 2 FISCAL IMPACT Sufficient funds are available in the fiscal year 2005-06 budget to implement the salary and benefit changes detailed in the resolution. Adopt Resolution No. 6474 of the City Council of the City of Arcadia, California establishing compensation and related benefits for executive management and management employees: APPROVED: .. ~~"J . . William R. Kelly, City Manager RESOLUTION NO. 6474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOItNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES WHEREAS, City Council Resolurion No. 5608 sets forth various fringe benefits and related compensation for officials, officers and management of the City; and WHEREAS, Secrion 36 of that Resolution provides for amendment and modificarion of Resolution No. 5608 (the Fringe Benefits Resolution) by City Council approved resolutions that direct inclusion of any changes as part of said Resolurion; and WHEREAS, salaries for Execurive Management and Management employees are adjusted by resolurion, which adjustments aze then reflected in the City's salary schedule. NOW TI~REFORE, THE CITY COUNCiL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Effecrive the first pay period in July 2005, the salary schedules for executive management and management employees shall be revised as specified in the attached Exhibit "A" to this Resolurion. The revised schedule reflects the results of the City's Compensation Study completed in Apri12005, and 1 a subsequent increase of 3.1% to all execurive management and management salary schedules. If the recommended salary schedule of an executive management or management classification is increased as a result of the City's Compensation Study by more than 5%, those individuals will receive. a 5% adjustment effective the first pay period in 7uly 2005, and will receive the remaining amount over 5% in the first pay period of July 2006. SECT'ION 2. Section 8, Subsection (e) of Resolurion No. 5608 is amended to read, "Fire Battalion Chiefs working in excess of a 56 work week shall receive overtime at straight rime for operational assignments as defined by the Fire Chief, and are eligible for Management Leave. No other Management Employees are eligible to receive any form of .overtime compensation for addirional hours worked, except as stated in Secrions 5." SECTION 3. Section 25, Subsection (h) of Resolution No. 5608 is amended to read, "Management Employees assigned to the Fire Deparlment and working a 56 hour work week shall be allowed the following twelve (12) hour holidays and no others: New Year' Day Martin Luther King Jr. Day President's Day Cesar Chavez Day Labor Day Thanksgiving Day Memorial Day Admission Day The Day after Thanksgiving Independence Day Columbus Day Christrnas Day 2 SECTION 4. Secrion 25, Subsection (i) of Resolution No. 5608 is amended to read, "General and Management Employees will receive eight (8) hours of floating holiday at the beginning of each fiscal year. Further, Police Management will receive nine (9) hours of floaring hoiiday. This floating holiday time is not accruable and not payable if unused. This floating holiday tune must be used by the end of the fiscal year in which it is granted or it sha11 be forfeited. In addirion, management employees will be granted an additional four (4) hours of holiday preceding Christmas or New Year's Day with approval of Department Head. With the approval of the Department Head, this 4 hours of holiday pay may be accrued if it is not used. SECTION 5. Section 5, Subsection (a) of Resolution No. 5608 is amended to read, "Police Lieutenants assigned to race track traffic control duties sha11 be compensated at 6 hours of straight time at the employee's rate." SECTION 6. Section 18, Subsection (b) of Resolution No. 5608 is amended to read, "Management Employees shall be allowed to accumulate the remaining 50% of their vacation, but may not be accumulated beyond the amount accumulable in sixty-five (65) pay periods. Once an employee has accumulated this amount, no more vacarion will be accrued by the' employee unril the employee's accrual has been reduced below this maximum amount " 3 SECTION 7 Resolution. The City Clerk shall certify to the adoption of this Passed, approved and adopted this zna ATTEST: IS/ JAMES Ha ~ARRO~VS City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~~~.~. G'_ %~~~~ City Attorney day of nu~8e , 2005. ~5! JOHN ~IUQ Mayor of the City of Arcadia 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES A. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No: 6474 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of August, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall and Wuo NOES: None ABSENT': Councilmember Segal ~SI JAINES H. ~~~RO~S City Clerk of the City of Arcadia 5 Q w p ~ 'W^ V Z ~ ~ J ~ Q 0 Q V ~ Q ~.~. ~ ~ V ~ C O ~ 0 N ~ r ~ ~ ~ ~ G. ~ d > > ~ W V ~ ~ ~ W W .- f0 (O t~! I~ I~ ~ N. 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LL tL O 0. ~ rn ° ° d d ~ m ~ ~ `~m m m ~ ~ o m o~ ~ ~z' ~~~ 02 , e a Administrative Services Department DATE: August 2, 2005 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct~ Prepared by: Michael A. Casalou, Human Resources Administrator ~~ ,~N1q SUBJECT: Resolution No. b'~.Z5 establishinq compensation for all part-time temporarv emqlovee positions Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6475 establishing compensation for all part-time temporary employees. DISCUSSION The City has separate salary schedules for full-time employees and temporary part-time employees. As per the City Charter, part-time temporary employees are part of the unciassified service, and as such, they are not subject to the meet and confer process. A compensation survey was completed in April of this year and the recommended salary schedule adjustments shall be effective the first pay period in July 2005. FISCAL IMPACT The approximate cost of implementing the salary changes detailed in the resolution is $29,000 annually. Sufficient funds are available in the fiscal year 2005-06 budget. RECOMMENDATION Adopt Resolution No. 6475 of the City Council of the City of Arcadia, California establishing compensation for all temporary part-time employees effective the frst pay period in July 2005. APPROVED: e~~ William R. Kelly, City Manager „ ,~ RESOLUTION NO. 6479 A RESOLUTION OF THE CITY COUNCIL OF TI-~E CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION FOR ALL PART-TIME TEMPORARY EMPLOYEES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Effective the first pay period in July 2005, adjustments in salary shall be made for all Part-Time Temporary employees as specified in the attached salary schedule (Exhibit "A"). SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 2nd day of August, 2005. ~se~o~N wu~ Mayor of the City of Arcadia ATTEST: ISI ~AI~ H. ~~ City Clerk of the City of Arcadia APPROVED AS TO FORM: .~ ~~ ~ ~,~.~-~..~ City Attorney ; STATE OF CALIFORNIA ) COUNTY OP LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6479 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of August, 2005 and that said Resolurion was adopted by the following vote, to wit: AYES: Councii Member Chandler, Kovacic, Marshall and Wuo NOES: None ABSENT: Councilmember Segal IS/ JAI~ES He ~ARRO~~ City Clerk of the City of Arcadia 2 Exhibit "A" Ciry of Arcadia Part Time Salary Schedule - Effective July 1, 2005 Ran e Number Tltle Ste A Ste B Ste C Ste D Ste E PT1 $6.78 $7.12 $7.48 $7.85 $8.24 PT2 Libre Aide I $7.12 $7.48 $7.85 $8.24 $8.65 Locker Room Attendant PT3 $7.48 $7.85 $8.24 $8.65 $9.08 PT4 Libra Alde II $7.85 $8.24 $B.65 $9.08 $9.53 PTS Activi Leader I $824 $8.65 $9.08 $9.53 $10.01 PT6 $8.65 $9.08 $9.53 $10.01 $10.51 PT7 $9.08 $9.53 $10.01 $10.51 $11.04 PTS ' $9.53 $10.01 $10.51 $11.04 $11.59 PT9 $10.01 $10.51 $11.04 $11.59 $12.17 PT10 Activi Leader II $10.51 $11.04 $11.59 $12.17 $12.78 Life uard/Swim Instructor Laborer Police Cadet PT11 Administrative Intem $ 11.04 $11.59 $12.17 $ 12.78 $13.42 PT12 Assistant A uatics Mana er $ 11.59 $12.17 $12.78 $ 13.42 $14.09 PT13 Cam Mana er $ 12.17 $12.78 $13.42 $ 14.09 $14.79 PT14 A uatics Mana er $ 12.78 $13.42 $14.09 $ 14.79 $15.53 PT15 $ 13.42 $14.09 $14.79 $ 15.53 $16.31 PT16 $ 14.09 $14.79 $15.53 $ 16.31 $17.13 PT17 $ 14.79 $15.53 $1B.31 $ 17.13 $17.99 PT18 $ 15.53. $16.31 $17.13 $ 17.99 $18.89 PT19 Volunteer Services Coordinator $ 16.31 $17.13 $17.99 $ 18.89 $19.83 PT20 $ 17.13 $17.99 $18.89 $ 19.83 $20.82 PT21 $ 17.98 $18.89 $19.83 $ 20.62 $21.86 PT22 $ 18.69 $19.83 $20.82 $ 21.86 $22.95 PT23 $ 19.83 $20.82 $21.88 $ 22.95 $24.10 PT24 $ 20.82 $21.86 $22.95 $ 24.10 $25.31 PT25 $ 27.86 $22.95 $24.10 $ 25.31 $26.58 PT26 $ 22.95 $24.10 $25.31 $ 26.58 $27.91 PT27 Parkin Hearln Official $ 24.10 $25.31 $26.58 $ 27.91 $29.31 PT28 $ 25.31 $26.58 $27.91 $ 29.31 $30.78 PT29 $ 26.58 $27.91 $29.31 $ 30.78 $32.32 Volunteers paid a stipend include: Reserve Firefighter $50.00 per shifl Reserve Police Officer $300.00 annually ~~/ ~ ~ . -F. '"°~~°$.T9°-'°~ STAFF REPORT Administrative Services Department DATE: August 2, 2005 TO: Mayor and City Councii FROM: Tracey L. Hause, Administrative Services Directo~ Prepared by: Mich~~~OCasalou, Human Resources Administrator ~-- SUBJECT: Resolution No.'6~6 estahlichinn r.mm~anca4inn ~n.1 ~e~~+o.~ tie..,.s•,+., c,.. Julv 1. 2005 throuqh June 30 2007 Recommendation: Adopt SUMMARY Resolution No. 6476 establishes terms of employment and compensation for City employees represented by the Arcadia Firefighters' Association (AFFA). Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith conceming wages, benefits and working conditions with the AFFA. Staff is recommending the City Councii adopt Resolution No. 6476, establishing compensation and benefits as outlined in the Memorandum of Understanding (MOIJ) effective July 1, 2005,through June 30, 2007. DISCUSSION City staff and the labor negotiator representing the City have completed discussions with the negotiating committee of the AFFA: The reSolution presented for adoption reflects a continuation of past compensation and benefits, as well as new items where agreements have 6een reached. Other issues not addressed below shall remain in full force and effect as set forth in the existing Memorandum of Understanding. The proposed term of the agreement is July 1, 2005 through June 30, 2407. The conditions of the agreement were tentatively approved. by the AFFA on July 8, 2005. In April 2005, the City conducted a total compensation study that was completed by Johnson & Associates, LLC. The MOU reflects the implementation of that plan effective the first pay period in July 2005, .as well as a subsequent increase of 2.75% to the salary schedules of ali classifications in this bargaining group. Effective July 1, 2005, represented employees will receive two additional holidays at twelve hours each and will relinquish eight (8) hours of floating holiday. Mayor and City Council August 2, 2~05 Page 2 ot2 Effective July 1, 2005, the City agrees to pay up to $10,000 forfuneral expenses for desths in the line of duty death and/or workers' compensation related up to five (5) years after retirement. Effective July 1, 2005, the maximum tuition reimbursement for represented employees shall be increased to $2,900. Effective July 1, 2005, the City shall increase the current life insurance benefit for eligible employees to $10,000. Effective July 1, 2005, the City will provide pre-tax CaIPERS service credit purchases, as well as the option of purchasing service credit using deferred compensation, provided interested employees sign a City waiver. Effective no later than March 1, 2006, three Fire Captains will be assigned as Captain II's and will receive 5% above their base salary. The existing assignment pay given to Captains assigned to the TrucK will continue until the Captain II assignment is implemented. in addition to the items above, several language changes were mutually agreed to as outlined in the new MOU, at no cost to the City. FISCAL IMPACT The total cost of this agreement is 3.09%, exclusive of any salary schedule adjustments given `as a result of the compensation, study. Sufficient funds are availabie in the fiscal year 2005-06 budget to implement the salary and benefit changes detailed in the resolution. ` RECOMMENDATION Adopt Resolution Na, 6476 of the City Councit of the City of Arcadia, California establishing compensation and related beneflts for employees represented by the Arcadia firefighters' Association for July1, 2005 through June 30, 2007. : APPROVED: W"~ _ William R. Kelly, City Manager RESOLUTION NO. 6480 A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF ARCADIA, CALIFORIVIA, APPROVING A MEMORANDLTM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA FIREFIGHTERS' ASSOCIATION ("AFFA") FOR 7ULY 1, 2005 THROUGH JCTNE 30, 2007 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding ("MOU") by and between the City of Arcadia and the Arcadia Firefighters' Association ("AFFA") dated effective as of July 1, 2005, a copy of which is attached hereto. The City Manager is hereby authorized and d'uected to execute this Memorandum of Understanding on behalf of the Ci.ty. The salary and benefits for employees represented by AFFA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 1 Passed, approved and adopted this zna day of nugus~ , 2005. ISI JOFIN 1NU0 Mayor of the City of Arcadia ATTEST: ~Sl JAMES H. ~~-RR~~S City Clerk of the City of Arcadia APPROVED AS TO FORM: ~, ~~~ City Attorney 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BA.RROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6480 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meering of said Council held on the 2nd day of August, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall and Wuo NOES: None ABSENT: Councilmember Segal l~l J~4MES H. ~ARR~~S City Clerk of the City of Arcadia 2 Q a X W rW^ V Z Yr 6L ~ Q Q ~ Q L~L Q LJ. 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Mutual Recommendation Article II Term Maintenance of Benefits Savings Clauge , State and Federal Laws "` Artide Iil Association Rights • Right to Join • Use of Bulletin Boards • Payroll Deduction ~ Access to Facilities • Reasonable Notice Article IV Management Rights Article V Compensation • General Compensation ~ Promotion or Advancement • Educational Incentive Compensation • Step Increase Percentages • Fire Prevention Bureau • Truck Company Captain • Administrative Captain Compensation • Movie Detail` Article VI Overtime • Fair Labor Standards Act • Minimum Gredit and Emergency Recall • Shift Exchanges Article VI I Stability Pay Article VIII Retirement Article IX Health, Dental and Life insurance • Retiree Health Insurance Article X Disability Income Insurance 1 1 1 2 2 2 3 3 3 3-4 4 5 6-8 6 6 7 7 8 8 8 9 10 10 10 10 11 12 13 13-14 16 TABLE OF CONTENTS Article XI Uniforms 17 Article XII ' Tuition Reimbursement 18 Arficle XIII Leaves 18-24 • Provided For 18 • Powerto Gcant Leaves 18-19 • Military Leave 19-20 •Vacation Leave 20-21 • Siclc Leave 21-22 • Proof of Illness 22 • Denial 23 • Bereavement Leave 23 • Workers' Compensation 23 • Holidays 24 • Jury Leave 24 • Witness Leave 24 • Unauthorized Absence , 24 Artic~e XIV Probationary Period 25 Article XV EMT-1 Gertification 26 Article XVI No Smoking Policy 27 Article XVII Response Time 28 Article XVill Employee Grievances '29-36 --- • Definitions 29 • 1 imeliness 30 • Employee Representation 30 • Informel Grievance Procedure 30 • Formal Grievance Procedure 30-31 • Appeal to Human Resources Commission 32-36 Article XIX Full U~derstanding/Execution of Agreement 37 ARTlCLF I Secfion A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred• to as the "City" and representatives of the Arcadia Firefighters' Association, a formally recognized employee organization, hereinafte~ referred to as the "Association", pursuant to the provisions of the Meyeis-Milias-Brown Act (~ovemment Code Sections 3500 et.seq.). Secfion B. APPROPRIATE UNIT The classifications covered by this ag~eement are: Firefighter Firefighter Paramedic Fire Engineer Fire Captain Section C. MUTUAL RECOMMENDATION This Memorandurn of Understanding constitutes a mutual recommendatioN to be presented to the Association members for ratification, and to the City Council for adoption. ARTIC4E 1! Section A. TERM The parties haue met and conferred in good faith_ regarding +roages, hours and other terms and conditions ' of employment and it is mutually agresd that this Memorandum of Understanding shall be effective for the period beginning July 1, 2D05 and ending June 30; 2007.' Section B. MAIMI'ENANCE OF BENEFITS For the term of this MDU, all currently effective provisions of the City Council, inciuding ordinances, resolutions, cnini-resolutions and budgets relating to any mandatory item of the meet and confer process shall remain in effect as currently administered except as modified by this agreement: Section C. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as impfemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, such provision shail be deemed stricken from the Agreement, and any right, benefit or obligation conferred by that provision shall be discontiRUed. The remaining Sections of this agreement shall remain in full force and effect for the duration of said ag~eement. Sectipn D. STATE AND FEDERAL LAWS The City and Association agree to abide by aIL S4ate and Federal laws relating to empioyer-employee. relations and employ.ee benefits, and perceived infractions shall not be a grievous offense, but must be pursued through proper {egal channels. ARTlCLE !!1 Section A. Section B. Section C. ASSOClATION R/GHTS RIGHT TO JOIN The City antl the Association recognize the right of the employees to form, join and participate in lawful actiVities of employee,organizations and the egual altemative right of employees to refuse to join or participa#e in employee organization activities. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargafning unit have access during regular busine§s hours subject to the following conc]itio~s: 1. All postings for bulletin boards must contain the date of posting and the identification of the organization and 2. The Association will not post information which is defamatory, derogatory or o6scene subject to the immediate removal of the rigfit to post for a period not to exceed 90 days. PAYROLL DEDUCTlON The City will deduct from the pay of'Association members the no~rnal 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 sutimission of the City form to the designated Gity representative. Said form sfiall 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 longe~ after such submission. Section D. ACCESS TO FACfLfTIES All Association business wiil be conducted by employees and Association representatives outside of estabiished work hours whenever possible. ARTICLE!!I (continued) Nothing herein shall be construed to prevent an Association representative or an employee frorn contacting .the Human Resources Manager or other management repcesentafives regarding personriel felated matters cJuring work hours. The authorized representative shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shalL• 1. Contact the Hutnan Resources Manager, the Fire Chief or his designate, to state the purpose of his visiting, and 2. The Human Resources Manager, the Fire Chief or his designate determines that such visit shall not, interfere with the operations of the department. Section E. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to three authorized represenfatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Manager with the names and addresses of the three authorized representatives within five days of the effective date of this agreement. Changes of authorized representatives shall be in writing and may be submitted on an as needed basis. ARTlCLE !V MAIYAGEMENT RlGHTS Except as limited by the specific"and express.ferms of this agreement, the City hereby retains .and resenres unto itself all rights, powers, authority, duty and responsibilities confirmed on and:vested in it by fHe laws and the constitution`o~ the State of Califomia,'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 fhe Ciry 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 empioyees; hire; promote, demote, transfer, assign, staff and retain employees in positions within the` City, su6ject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficien~y of goVemmentat opetations; r~lieve'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 ARTlCLE V COMPENSATlON Section A. A ciassification and compensation study was completed in April, 2D05. The study utilized a labor market for the City which included fire service salary data for the County of Los Angeles and the cities of Alhambra, Burbank, Downey, Monrovia, Monterey Park, Pasadena, Redondo Beach and West Covina. As a result of the compensation plan, effective July 1, 2005, the salary schedule for the classifications of Firefighter, Firefgh~e~/Paramedic, an~ Fire Engineer shail be improVed by 5% and the salary schedule for the classification of Fire Captain shall be improved by 2.5%. Additionally, effective the first pay period in July 2005, the salary schedule shall_bs improved by 2:75%,-foc all represented empioyees. The sala.ry schedule (Appendix A) reflects the aforementioned changes. In the event one or more of the above listed cities discontinues operating a City fire department, the following cities, in thiS order, shall be used to replace any such city: 1) Culver City and 2) Manhattan Beach. The ciassifications-Fi~efighte~-and Fire Captain are 6enchmark classes within the survey. Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. Wtien an employee is promoted, the pay shall advance to the lowest step in such higher range that wilF provide not less than approximately a 5.0% increase in compensation wniess the top step in such range provides less than that amount. The 5.0%a shall be measured by the salary from which the employee is promoted. 2. When an employee is promoted to~ a;' higher classification, the date of promotion shall be used in detertnining the date of future step increases. 3. Any sala.ry increases members are due frorn promotions or new hires shall continue to,bz received in accordance with the AFFA Memorandum of Understanding and Gity Rulgs and' Regulations. These increases shall take place on their hire date or their promotion date. ARTICLE V (continued) Section C. EDUCATIONAL INCENTIVE COMPENSATION 1. Qualified empioyees who possess an`ASsociate of Arts degree, shall receive an additional 2.5% as thei~ regula~ salary. Employees who possess a Bachelor of Arts or Seien~e tlegree shall receiye an additional 5% as their reg~lar saiary. 2. Employees shali quali#y for the Etlucation Incentive Compensation increases when `they have been awarded a degree in a field closely related to their job duties. Typical fields of. specialization inGude Fire Science, Fire Administration, Management, Business . Administration, Psychology, Socfology, Nursing, Allied Health, Emergency Medical Seniices, and Public Administration. Other areas of specializadon will be consiciered when they are of direct beneft to the Gity with the approyal of the Fire Chief and Human . Resources Manager. - 3. An employee who does noi possess a degree, but has 60 or more college units acceptable to' a college or university which is accredited by~ the Califomia Department of Education towards a Baccalaureate degree and has cotnpleted a minimum of 20 units in f~e relafed cou~ses acceptable to an accredited Califomia Junior Cti'llege towards an• Associate of Arts Degree in Fire Science, Fire Adminis#ration, Emergenc~ Medical Services or related degree shall receive an additional 2.5% as their regula~ salary. , 4. ,. Degrees shall be granted by colleges and universities which are fully aceredited in the state of Califomia. 5.. Members who pualify for any step advancement based on education shall p~ovide to the Fire Chief a copy of. ttieir tranScripf which demonstrates that qualified units were achieved or the notafion of the degree received. The copy of the transcriptwill beciime part of the individuaPs personnel file. Section D. STEP INCREASE PERCENTAGES The parties acknowiedge that the percentages between steps shail be as ciose to 2.5% as the payroll computer's capability allows. Section E. FIRE PREVENTION BUREAU ASSIGNMENT Fice suppression personnel assigned to the Fire Prevention Bureau shall receive $69.23 per pay period in addition to their base salary. ?hereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the cuRent MOU provision. 2. During the term of this Agreement, non-shift (40 hour work week) Firefighter personnef assigned to the Fire Prevention Bureau as a Deputy Fire Marshal shall be paid at the same salary range as Fire Captain. 3. In accordance with the provisions of the Fair Labor Standards Act, this additional compensation shall be added to base pay for the computation of overtime for the positions mentioned above. 4. Employees assigned to the Fire Prevention Bureau on a modified work basis (temporary or permanent assignment) due to either an on-the job or off-the- job illness or injury shail not receive the additional assignment pay. Employees regularly assigned to the Fire Prevenfion Bureau, who are injured (illness) and thereafter retum to the assignmen# on a modified 'work basis, shali not lose their assignment pay. Section F. TRUCK COMPANY CAPTAIN COMPENSATION Except as provided hereinafter, during the term of this agreement a Fire Captain assigned by the Chief to be in command of a Truck Company shall receive $92.31 per pay penod in addition to his base satary during the period of the assignment as the Truck Company Captain. The Truck Company Captain compensation will remain in effect until the Captain II assignment has been implemented or until March 1, 2066 whichever is sooner. No later than March 1, 2006, the Truck . Company Captain assignment shall be eliminated and the assignment of Captain II shall be implemented. A Fire Captain assigned by the Chief to serve as Captain 11 shall receive 5% in addition to his base salary during the period of the assignment as Captain II. . Section G. ADMINISTRATIVE CAPTAIN COMPENSATIOf~ During the term of this agreement a Fire Captain with a Bachelors Degree, assigned by the Chief to be an Administrative Captain shall receive $260 per pay period in addition to his base salary during the period of the assignment as the Administrative Captain. During the term of this agreement a Fire Capfain with an Associate Deg~ee or equivalent, assigned by the Chief to be an Administrative Captain shell receive $255 pe~ pay period in addition to his base salary during the period of the assignment as the Administrative Captain. Section H. MOVIE ~ETAIL Effective July 1,`2004, employees represented by this agreement shall receive a flat fee of $45.00 per hour, with a six (6) hour minimum for all movie detaii worked. 9 Section A. The Fire Chief may require,employees in the Fire Department to work at any time other than during regular working hours until such wo~k is accomplished. Section B: FAIR LABOR STANDARDS ACT F.or periods of time that 41ie:;Fair Labor Standafds Act applies to employees in cla'ssifications covered by ttiis agreement, any such employee who is required to work in excess of the standard hours established by the Act (currenUy 204 hours in a 27 day period) shall be compensated at the rate of time and one-half, the employee's regular rate of pay, provided the emp~oyee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Excapt as provided hereinafter, for purposes of overtime calculation, all paid leaves of absence shall be regarded as hours worked, except sick leave. Sick leave will be regarded as hours worked for any member of this unit with 25 years of service or more with the City of Arcadia. No overtime credit shall be alfowed for any period less than one-quarter hour. Section C. MINIMUM CREDI7 AND EMERGENCY RECALL No oveitime. credit shall be allpwed for any period less than one-quarter hour, provided that an employes. whq is, recall~d to. work after completing a day's work, including any overtime, shell receive a minimum credit of one hour at time and one- half at his hour~y rate. Emergency RecaN for Swom classifications shall receive a minimum credit of iwo hours at 6me and one-haif the employee's hourly rate. Secfion D. SHIFT EXCHANGES Unit . members may voluntarily trade shifts among themselves. While the employees' supervisors must approve the shift trade in writing, no supervisor will require, reward or otherwise compel employees to trade shifts. An employee may refuse to participate in any shift trade without explanation. Supervisors estabiish the employees' schedules to meet the needs of the Department and therefore, shift trading is exclusively for the employees' convenience. A shift trade under this article results in one employee working the shift of another employee or a portion thereof. Both employees will be paid their regu(ar wages for the work-week in which the shift occurred. The employee working the extra shift will receive no overtime compensation for doing so. The employee whose shift was worked.by another ernployee will not forFeit any compensation as a resuit of the trade. 10 ARTICLE Vll STABILlTY PAY The plan pays $25 per year for each year of consecutive service up to a maximum of twenty (20) years of service. An empfoyee 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 calcuiated. Completed Years Completed Years of Service ' Amount ofService Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. ~ Stability payments will be paid on a pro-rata basis to employees thaf ~efire ar are (aid off prior to December 1; proVided they meet all efigibility requirements. Stability pay is applicable only to employees who we"re hired prior to July 1, 1983. ARTICLE 1/!ll RETIREMENT Section A. The City contracts with the State of Cal'rfornia Public Employees Retirement System (PERS~ for the classifications of Firefighter Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 3% at age 50 retirement formula, .: 2, $ingle highest,ysar final compensatian: 3. Post Retirement 9urvivor Continuance. 4. Credit for Unused $i,ck Leaue jSec.2p862.8). 5. 19.59 Survivors Benefif for which eaCh employee corrtributes ninety-three cents ($.93) per pay period. 6. Fourth ledel 1959 Sunrivors Benefit increased allowance, Sec. 21382.4. 7. The City agrees fo contract with PERS to provide a Military Service Credit as Pubiic Service opfiion, Section 21024P;,.;If, is; agre~d, and understood that the employee is responsible for paying for #his benefit. 8. The City of Accadia elects.~to .pay 9% of E.E compensation eamable as Employer Paid Member Contributions (EPMC) and report the same percent (value) of compensation eamable as special compensation. 9. The City agrees to allow members to participate in a Pre-Tax Payroll Deducfion Plan for Service Credit Purchases. 10. Proyided. the employee signs a waiver relgasing and holding tFie Ciry hatmless, from ar~y.liability, whatsoever, the City agrees to allow members to use fimd.s from #heir Defetred Compensation (45.7 Plan} towards the Pre-Tax Payroll Deduction Plan for,Service C,redit Purchases. ARTICLE /X HEALTH. DENTAL AND LIFE 1NSURANCE Section A. Effective the first pay period in July 2005, the City shall provide regular full-time employees in a ciass~cation represented by this Agreement with the following contributions: 1. CaIPERS Health Program The City will contnbute.$16 per monfh.per employee fo~ health insurance. 2. Dental Insurance - mand2to .ry enroliment Th~'City will contribute $13.20 per rrionth for employee only enrollment in one of the two dental plans. Additional coverage may be purchased through th'e Optional Benefits aClocation. 3: Optional 8engfifs The City shaCl contri6ute toward an optional benefifs plan to meet the employee's needs for health and dental insurance. Single ernployees witFiout dependents, hereinafter referred to as "Employee only;' shall receive a~ontribution from the City,towards the cost of premiums not to exceei~ $383.80lmonth. Employees with one qualified dependent, hereinafter referred to`as "Employee + 1,° shall:receive a contribution from the ` City tawards "fhe • c.list ofi' ptemiums not to exceed $618.80/month. Employees with two dr mo~e'qualified dependents, hereinafter referred to as "Family;' sfiall receive a confributiori' frorrm the Cify towards the cost of premiums not to exceed $762.80/month. . If the pcemium cost of the health plan exceeds the Cify's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and. the amount contributed by the Gity. The employee shail forteit any balance should the City's contribution exceed the cost of the premium. The employee's exercise of the opfion to use the diiference toward dependent health coverage is subject to the conditions controlling enroflment periods and eligibility established by the respective plans or carriers. Dependent enr~llment will require proof of eligibility for dependent status such as marriage; birth and adoption certifiicate. 4. Life Insurance a) The City shall provide $10,000.00 life insurance benefit for eligible employees. b) The City agrees to pay up to $10,000.00 for funeral expenses for members killed in the line of duty or work related death within five (5) years after retirement. ART/CLE fX (continued) 5. The City shall provide each employee with a vision plan, with the City paying the premium in the fiscal year 2005-2007. This vision plan will be Vision Service Plan, option B. The City will pay the premium up to the cost of the family plan. Section B. RETIREE HEALTH INSURANCE The City agrees to pay the employee-only health insurance premium for eligible retirees from the classifications of swom person~el represented by this agreement who retire;after July 1, 19,85, Such payment shall cease when the eligible retiree is eligible for Medicare. If the refired employee has other group medical coverage available, then this other group insurance shalf be primary and the City's health insurance,plan shall function as secondary co-insurance~ An eligible retiree is a swom unit member who ce,tires on a service, disability, oP industrial disability retirement and has 1500 hours of accumulated sick leave at the date of retirement. An employee who has fewer than 1,500 hours of accumulated sick leave at the date of retirem~nt may become eligible for coverage for the employee only health insurance premium by paying the City an amou nt equal to his daily pay rafe at the time of retirement times the number of days needed to meet the 1500 hours of accumulated siek leave, requireme(~t,.,, There ~re three conditions for employees to be eligible to exercise this buyback provision. 1. 1`he employee must be at leasf 50 years old; 2. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years; and 3. The employee is limited to purchasing a mawmum of 760 hours of sick leave. 40-Hour Week Schedule A unit member assigned to a 40-hour week schedule who retires on a service, disability, or industrial disabi(ity re6rement and has 1000 hours of accumulated sick leave at the date of retirement, is also an eligible retiree. An employee in the 40- hour week assignment who has fewer than 1000 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee only health insurance premium by paying the City an amount equal to his/her houriy pay rate at the time of retirement times the number of hours needed to meet the 1000 hours of accumulated sick leave requirement. There are th~ee.conditions for an employee assigned to a 40-hour workweek to be eligible to exercise this buyback provision. 14 ARTlClElX (continuedj 1. The employee must be at least 50 years old; 2. The employee must have worked fuli-time continuously for the City of Arcadia for a minimum of 15 years; and 3. The employee is limited to purchasing`a maximum of FO days (480 hours) of sick leave. In adc~ition, the eligible employee must apply prior to retirement for. such coverage througFi the City`s Human Resources Division. The Association shall notify the City's Human Resources Division irr the eVent of the death of a retired member. Effective February 1, 1999 ~etirees wili be subject to the terms of the CaIPERS Health Program. In this program the City will pay fo CaIPERS $1.00 per month for the ~etiree's health insur2nce: _ This amount increa5es annually 6y 5% until it is equal to the Ci#y contribution foc active empioyee5 of $16.00 per month. The d'rfference between fhis contribution'and the employee only cost of the insurance selected by;the retiree will be refunded to the reti~ee by the City on a monthiy basis based on a report 6y CaIPERS of the`ietiree's continued enroilment. In`order fo be eligible for ~etir`ee healtfi coverage, tfie employee must be enrolled In a City-sponsored health plan a's' of the retiree's lasf day of work and maintain eligibility to continue in the CaIPERS Healtli Program as stipulated by the Health Program. 15 ARTICLE X DlSABILITY /NCOME INSURANCE Section A. Effective July 1, 2001, the City will no longer pay for disability income insurance for represented employees, The Association agrees to purchase its own disability insurance through payroll deductions. ' Section B. The Association agrees to coordinate. the change in carriers.: _ _ ~ 6. . __ _ _ . ART/CLE XI UNlFORMS Secfion A. The. initiaf suPpiy of uniforms is: 4 pair of work pants, 3 work sfiirts, 1 beit, 1 belt buckle, 2 pair of work boots, badge, and a work jacket. The Captain class "A" uniform includes: 1 pair of dress pants, a Double Breasted jacket, white long sleeve shirt, clip on #ie; and billed hat. The above items are supplied upon employment to ali employees, with the excepfion of the class "A" uniform, which is suppfied when the employee completes probation at position of Captain. Section B. There shall be a Uniform Replacement Program for the following items: 1. Shirts 2. Trousers 3. Work Jacket The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of wom items only. Section C. The City of Arcadia shail set standards for footwear in the Arcadia Fire Department. The City shall provide a safety. boot for each member of the Fire Department who is involved in the suppression of fires. This boot will be required footwear for the department. The total cost of the safety boot shall be borne by the City. Increases in cost for the safety boot shall also be absorbed by the City. The only footwear cost the Cify will pay is for the safety boot. Responsibility for standards of footwear are the City's alone. ' Section D. Upon terminafion of employment the employee shall tum in all current unfforms issued in hislher possession, or shall have a doilar amount equal fo the lost uniforms' cost deducted from the employee's final check. 17 ARTICLEXII TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July.1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,900.00 per fiscal year. School supplies are not reimbursable. The reimbursement shall only be for courses thaf a~e di~ectly related to tfie employee's.position as determined by the Gity Manager. Only courses, specialized training,, or degree. programs "job-related" to permanent full-time positions will be considered for tuition seimbursement. Prior to reimbursement of costs, all course work must be completed while employed by th~ 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 khe completion of.a class or classes shali refund all tuition paid under this provision unless he was required to attend by the appointing power. 18 ARTICLE Xlll Section A. in accortlance with the Arcadia, all leaves for provided for as follows: LEA VES current Personnel Rules and Regulations of the City of cla§sfications represented by this agreement shall be Section B. POWER TO GRANT LEAVES Upon the, written request of an employee stating the reasons therefore, the appointin'g power with the approval of the City Manager shall have power to grant leaves of absence with or withaut pay subject to the following restrictions: 1. Length.- leave of absence without pay may be gFanted 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 a-I other requirenienfs set forth in this rule; wFio' desires to attend schooi 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 equaliy satisfactory. 3. Right to Retum - the granting of a leave of absence without pay eonfers upon the employee the right to retum 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 retum to his ciassification with the City. 4. 5ervice 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 examinafion prior to being allowed to return to work. 19 ARTICLE Xl,ll (confinue~ 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 su,ch.,leave of absence shall not constitute an interruption of service. 5ection C. ~v11LITARY LEAUE Military leave shall be granted in aceordance with the provisions of the applicable Califomia 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 tq determine when such leave shall be tal~en. If the officer or employee taking such leave,for milita.ry service has been in the employ of the Giiy for one year or more, nex4 immediately preceding the date from which leaye begins, ,he shali be allowed his regular salary or compensation for a period of no# mor'e than thirty days irt any calenda~ year or during any continuous leave of absenee. If such'employee has l~een in the. employ of the City for less than one year immedietely preceding #he date upon which such leave of absence 6egins, such leave granted under this sectipn shall be without pay: Upon requesting military leave, the employee mustcomplete: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 dp not apply to. employees who are drafted or receive order to military duty for extended periods of time during war or na~ional 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 shalf be reason for termination of his City employment. ARTlCLEX!!1(confinued) Employees prior to being retumed to employment from military leave shall submit other than a dishonorable discfiarge, and take and pass a medical examination by a physician designated by the City Manager: ' Upon failu~e of a retuming employee to submit otfier than a dishonorable discharge or pass the required medical examination; he/she Shall not be entitled to retum to his/her employment with the City. Employees on extended military leave shall not, lose or accumulate sick leave, vacation, seniority or other pnvileges 6ecause of such leave. Section D: VACATION LEAVE 1. Employees assigned to a 24 hou~ shift schedule in' the classification of Firefighter, Firefighter Paramedic, Fire Engineer and' Fire Captain with the exception of tempo"rary appointments, shall accumulate vacation .leave beginning with the, first full pay period of employment; at the rate of 7.384 hours pe~: pay period during' the first five, years of continuous full time ~- employmeht with the City (8A shifts per year); at the rate of`8.307 hours per pay''period 'betwee'n the employee's fifth and tenth 'anniversary date of continuous full-time employment; at the rafe of 10.153 hours per pay period _ . between the employee's tenth antl fifteenth` anniversary date of continuous full time employment; and at the rate of 11.076 hours per pay period afEer the - completion of fifteeln yea~s of cantinuous full time employment with the City (12' shifts per yea~): For employees assigned to 24'hour shifts, a"day" means 12 hours or one-half (1/2) shift. a. Swom empfoyees assigned to a 40 hour week schedule, with the exception of temporary appointments, Sh"all accuinulate vacation with pay beginning with the first full pay pe~iod of employment at the rate of 4.61 hours per pay period during the first ten years of continuous full Ume empioymenf' with the City anc! `at the rate 6.77 hours per pay period after tHe completion of ten years of continuous full time ' ` employmenE with the City. 2. Accumulated vacafion leave shall be granted at the discretion of the appointing power. ARTICLEXIII (confinuea~ 3. Vacation may not be accumulated beyond the amount accumulable for a sixty-five (65) periods: OnCe.an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. W~en through work, circum~tance~ and needs of th..e job, an employee has beg~ unakl,e,to utilize vacation ~ut;a~; and this has not been a pattem or pr;ackice "for tHat employee, the Ciiy Manager for good cause may approve excess accumulated vacation, provided the employee reduces this total below the allowable maximum within six (6) months. 4: An employee who.has previously requested and was granted approval of ` Vacation leave for'use during the last thr'ee (3), mon#hs of the calendar year and is unable to u4ilize such leave because of the City's cancellation of leave shall be allowed to c,arry over the_ezcess I,eave time into the next three (3) months of the new calendar yea~; if rescheduling of fhe vacation leave is not 5. Upon tertnination, vacation used shall be pro-rated. against vacation eamed. Eyery City, employee who leaves the,Cify empioy for any reason shali be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at,the time he.leaveS the City employ. If an employee works mo~e. than 50°~0 of the pay period, the employee shall ` recsive credit for 50% of that pay period's vacation. ~ Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at liis rete of compensation appiicable, at the time he leaves the City employ. If an employee works more than , 50% of the pay period, the employee shall receive credit for that pay period's vaca6on accrual. Section E. SICK LEAUE 1: Ali employees in classifications represented by this agreement with the exception of temporary appointments, shall accrue sick leave beginning with the first full pay period of employment on the basis of 5_54 hours for each pay period of service aompleted with the City (6 shiRs per year). ARTICLEXIII (continue~ Swom employees may accumulate up to a maximum of 2,100 hours of sick leave. Fo~ empidyees assigned to 24 hours shifts, a"day" means 12 hours or one half (1/2) shlft. 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 denfal appointment du;ring` regular working hours. . Every effort shail be. made;to schedule appointments during non-working tiours. , 3. Sick lesve may be used by,,an employee when their attendance upon a member of the empioyee's family depeiitlent who is seriously ili and requiring the care and attend2nce of suCh employee. Sick leave may also be used when the eri'iployee's family" depentlant ~equires the employee's presence at the dependents medical or tlental appointrne.nt during regular working hours. Every effort shall tie made to schedule appointments during non-working hours. . Family' dependents shall include only. dependents currentiy residing in the employee''s household, or the em,ployes's minor child~en. 4. Sick leave: may be used by an. emptbyee in accordance witli paragraph 2 and 3 atiov,e, Any employee wFien off:duty as'~ result of personal or family iliness shall report 4he fact immediately'to his supen+isor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relafiVe to hi5absence. a.. While ahsent from duty because of sickness or disability, he shall remain at his residenc~ or place of.confinement unless otherovise authorized by a physician or his superviso~: ` b. The term "immediately" means that the employee o~ someone acting for the.employee, shall notify the department as soon as it becomes apparent that the employee wiil ndt be able to ~eport for duty. 5. PROOF OF ILLNESS The Fire Chief and the City Manager may require evidence of the reason for any employee's absence during the. time for which sick leave is requested. If the employee fails to provide such evidence as required by the Fire Chief and within the time limit specified by the department, the absence will be Charged to.leave without pay. ARTlCLEX!!I (continuea~ 6. DENIAL The Fire Chief and City Manager may denq or revoke sick leave if the iilness or injury for which it is taken is caused or substantially aggravafed by compensaked, ~utside employment. Section F. BEREAVEMENTIEAVE An emPloyee represented by this agreement, with the Exception of temporary appointments; m~y be. granted a leave of absence with pay upon approval of the Fire Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfa4her, brother or sister or step sibling, child or stepchild; grandparents, geandehildren; or any relative of the employee or employee's spouse r~siding in~khe.same household: Such leave, up to a maximum of four (4) working days at one time, shaN. not be charged against sick or other leave. If over four (4) working da~s of-such leave is granted at one time, that amount over #our (4) days shall be charged against sick or other leave. For employees assigned to 24 hours shifts, a"day" means 12 hours or 1/2 sh'rft. Section G. WORKEftS' GOMPENSATIQN In those in5tances where an erPiployee of the City of Arcadia is injured on duty and tfie injur~r or iiiness is so recognized by the Workers' Comj~ensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall t~e paid a combination of salary and Worker' Compensation equal to his regular salary rate forsuch time as he is absent from duty because of such injury or illness up to a maximum of one year from and after date of such injury or illness. Lost time due to an injury or iliness on duty shall not be charged against an employee's accumulated sick'leave. Pursuant to the intemal aevenue Code, Section 104 (a) (1),1Norkers' Compensabon benefits are not taxable income. ARTICLE X!1! (confinued) Section H. HOLIDAYS Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain shall be allowed the following holidays with fulf pay: New Year's Day Labor Day Martin Luther King, Jr. Day Admission Day PresidenYs Day Columbus Day Cesar Chavez Day Thanksgiving Day Memorial. Day DayAfter Thanksgiving Independence Day Christmas Day Section l. JURY LEAVE When a City employee is callet! o~ requfred to serve as a juror, attendance shall be deemed a leaVe of absence with full pay not to exceed 10 days per year. For each day the employee receives jury leave pay; the employee shall remit to the City all fees received'except mileage: 5ection J. WITNESS LEAVE An employee who is subpoenaed or requi~ed to appear in Gour# a5 a witness shall be deemed to be on a leave of absence. ~th approval of the appointing power and City Mtanager; #he ernployee may 'be granted leave with Pay during the required absence~ 'The employee shall remit to the City all fees recei~+ed except mileage. A paid leave of absence shal~ not be granted fot time spent in Gourt on personal cases. Section K. UNAUTHORIZED ABSENEE Unaufhorized leaves of absence are cause for immediate d'ismissal. ARTICLEXIV PRQBATIONARY PER/OD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's perFormance and oonduct on the job are evaluated to determine whether or not the.employee is fully qualified fior permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, wifhout the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When an acting assignment is made, it must be given to a member .who meets the current minimum qualifications for the position and has been placed on a currenY eligibility list. In the absence of a current eligibifity list; the acting assignment shall be given to a member who meets the current minimum qualifications and has been piaced on an eligibility list for the assigned position in the past. Before an eligible candidate is to be placed in an acting p'osition, the current vacancy shall remain open for a period of no less than six (6) shifts. Time worked in an acting position will not count as time worked on probation if a probationary appointment is made. All probationary periods will be twelve (12) months. ;, Section 6. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shail be on probation for twelve (12) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional fist shali be on probation for iwelve (12) months before.attaining permanent stafus. Section D. Probationary period may be extended for a one six (6) month period with the approva{ of the Human Resources and Risk Manager. 26 ARTICLE XV EMi':9 CERTIFICATlON All members of the unit shall maintain an EMT-1 Certification, or equivalent, and recertify every'two (2) years. Training and recertification ciasses shall be conducted on City time. Failure'to obtain the ~cert~catioh' or to recertify are cause forprogressive disci plinary action. 27 ARTICLEXVI NO SMOKlNG.R(3LlCY In recognition of the -health hazards ansing form the use of tobacco products, the parties agree tha.t as.a condifion of empigymept, all uni4-members hired after July 1, 1991 shall sign individuaL. agreements that the employee shall refrain from smoking; chewing or otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco or snuff. An.employee who fails to cortoply with the agreement shall receive a written waming for the first offense, two shifts off without-pay for the second offense and shall be discharged for the thiM offense. _.._. _ ____ _ _.._ ____ _-28._ _ _._ .... ARTICLEXVII RESPONSE TIME Due to the emergency requirements of prompt response time, all members of the unit are expected to retum to "wo~k as soon as possible. when reguired to respond to local emergencies. Erriployees shall be required to make themselves available to emergency ` recall tesponse within twelve (12} Hours of notification. . ARTlCLEKI/l!! EMP40YEEGRIEVANCES Section A. DEFINITIONS , 1. Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable Memorandum of Understanding or Pe~sonnel Rules and Regulations where there is no other specific method of review provided by Cify law. . 2. Grievant An employee or group af employees in the classified senrice adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or Personnel Rules and Regulations. 3. Department Administrator • The department head or designee. 4. Work day A work day i~s any day the City offices are Pegularly open for business. 5. Exclusfons from the Grievance Procedure a The procedure is not to be used for the purpose of changing wages, hours and working conditions. : b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. c. The ,procedure is not intended to be used to challenge a. reclassification; layoff, transfer, denial of reinstatement, or denial of a step or merit in.crease. d. Th.e procedure i$ nof intended to be used in cases of oral or wntten reprimand, demotion, suspen'sion or removal. e. The procedure is not to be used to challenge violation of law or past practice unless the rules or MOU expressly refer to same. f, The procedure is not to be used to challenge examinations or appointment to posifions. ARTICLE XVII! (continued) Section B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance o'r;process the grievance from one level 3o another in a timely manner is a forfeitu~e of fhe grievance and the grievance will not 6e~proce5sed further. If"fhe City,fiails to respond in a 4imely rnanner, the employee may proceed to the next level. Secfion C. EMPLOYEE REPRESENTATION The empfoyee may be represented' by a pe[son of his or her choice to prepare and present the grievance. The employee' may use a reasonable amount of released time to process the grievance, The release time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROCEDURE Within fifteen (15) warking days following fhe event, or within fifteen {15) working days after the employee should reasonably have known of the event, the employee shoufd'aftempt`to feso(ve the grie"vance' on an informal basis .by discussion with his or her immediate supervisor. Section E. FORMAL GRIEVANCE PROCEDURE First Level of Re'view: Next Level Supervisor If the employee is not a61e to resolve the grievance after discussion with his or her immediate supervisor, within ten (10} working days after the informaF discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on #he official City grievance form setfing forth ffie fol(owing information: a. The'specific section of the rules or MOU allegediy viofated. b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. 31 ARTlCLE XV/ll (continued) f. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative. $ervices Department concurrently with presen€ation to the immecliate supervisor. The nex4 I,eve) supervisoc,shall render a decision in writing, on the grievance form, within ten {4Q) working days after receiving the grievance. 2. Department Head Review If the employee does not agree with the decision of the next level supervisor, within ten (10) working, days after receiving the next level supervisor's decisiqn or twenty (20) days from the date the next Ievel supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing; vn the grievance form, to the department head. The department head may reqLire the employee and the immediate supervisor. to attend a grievance meeting: The department head shall communicate a decisio~ in writing within ten (10) working days of receiving the grieuance or. wi#hin ten (10) working: days of holding a grievance meeting.whichever is longer. 3. Human Resour~gs Manager >~ ~ If fFie employee is• not in agreement with the decision reached by the department head, within #en (10) working days after receiving the department, head's decision or twenty (20) days from the date the department adm'inistrator received the grievance but failed to issue a deGision, th.e. employee shall present the grievance in writing to the Human Resources Manager on the official City grievance fortn. The Hurr~an, Resources Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance. or the holding of a grievance meeting whichever is longer. 4. Human; Rssources Commission If the employee is not in ageeement with the decision of the Human Resources Manager or if the Human Resources Manager has failed to resp9nd, the employee shall present the grievance to the Human Resources .Commission within ten (10) working days from the date of receipt of the Human Resources Manager's decision or twenty (20) days from the date the Human Resources Manager received the grievance but failed to issue a.decision. _ _ --- - _-__ ___._ ...----- ARTICLE XVl!! (continued) Section F. APPEAL TO HUMAN RESOURGES' COMMISSION 1. ScheduHng of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) days, transmit the appea(: to the Human' Resou~ces Comrnission. The Commission shall schedule-a hearing. The appea6hearing shall be set not less than twenty (20} working day's nor more fhan sixfy (60) working days from the tlate of the filing of the appeal: Aii interested parties shall be notified in writing of the date, time,. and place of the hearing at least ten (10) working days prior to the hearing`'.' 2. Public'Hearings All hearings shall be open'to the public. 3: Pre-Hea~ing Procedure a. Subaoenas The Human Resaurces Commission is authorized to issue subpoenas afi the request of either party prior to the commencemerit of the hearing. After the commencement of the hearing, sutapoenas sfiell'be issuetl by the Commission only for good cause. Each party vriil prepare their own subpoenas and present them to the Human Resourpes Division of fhe Adminisfrative Servie~'s Department and the other party. The Human Re§ources Division' of the Administrative Services Department will issue the subpoenas: The Human Resources Divisiorr of the Administrative Seniices Department will serve subpoenas for cu~rent Ciiy employees. It will be the responsibility of. the employee or the' City to serve subpoenas on individuals who are not currently employed by the Gity. It will be the responsibility of the employee and the City, to submit the written request for subpoenas at leasf ten ~(10) working days before the date of the hearing. 6. Exhibits and Witness Lisfs 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 Seivices Department a Iist' of ail witne"sses and a list and copy of ail exhibits. An original and nine (9) copies of the exfii6its shalP be p~esented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The ~mployer's'exfiibits shall be'designated by number. ART/CLEXVIII (conffnued) The employse's exhik~its shall be designated by alphabetica{ letter. NeithBrparty will be permitted to call during the hearing, a witness not identified pursuant to this, section nor use any exhibit riot provided pursuant to this section unless that party can show that they couldnot reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of,issues Fi~~. {5) working days prior to the date set for the hearing, each party shall submit to the. Human:: Resources Division of the Administrative Services Department a Statement of Issues: . 4. . Submission to tMe Human Resources Gommission Five {5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall presen# each member of the Human Resources Commission with a copy of the jurisdictional documents: Those documents include the grievance documents a4 each level and the responses to the grievance. 5. P~yment of Employee WiEnesses Employees of the City ~ho are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these .:emp,loyees remain on call . untN calfed to testify. Em. ployees W~q are sutipoenaed to tes#ify-during non-working hours will be cotnpensat~d for the timethey actually testify, unless the City agrees to a d'ifFerent arrangemant, 6. Conduct of.the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be cvnducted in a manner most conducive to determination of the tcuth. - b. Rny relevant evidence may be admitted if it is the type of evidence on w~ich 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. Hearsa~ evidence may be used for the purpose of supplementing or explaining any direct evidence that shall riot be sufficient in itself to support a„finding unless it would be admissible over objection in civil actions. , ARTICLEXVIII (continued) d. The rules dealing with ptivileges shall be effective to the same ' extent that they are now or hereafter may be recognized in civil actions. e: inelevant and unduly repefitious evidence may be excluded. The Human Resources Commissio~ shall determine relevancy, weight and credibifity of tes~itnony and evidenee. Decisions made by the Commission shall not 6e 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 Muman Resources Commission may conduct the hearing or delegate evidentiary and~or procedural ~ulings to its legal counsel. 7. Burden of Proof In a grievance appeal the grievant Fias th'e burden of proof by preponderanee of the eVitler~ce. 8. Proceed with Hearing or Request for Continuance ~ Each side "should be asked `if it is ~eady to proceeci. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a confinuance muSt be made in w~i~ing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all partiesto dete'rmine if there is any opposition to the continuance and shall state in its request if there is opposition. 9. ` Testimony under Oath All witnesses shall" be sworn in for the record prior to offering testimony at the hearing. The chairperson will request tfie wifnesses 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 thetruth, the whole truth and nothing' butthe truth7" 10. ` Presentation ef the Case The hearing shall proceed in the following order unless the Human Resources Cohnmission for special reason, di~ects otherwise: a: The Human Resources Chair sF~all announce the issues after a review of the statement of issue§'pr'esented by each party. 35 ARTICLEXVIq (continued) b. The grievant (employee) sha{I be permitted to make an opening s4atement. c. Th~.. respondent ,(City) shall be permitted to make an opening stafement, or.reserve an opening statement until presentation of its case. d. The grievant shall produce his/her evidence. e, The respondent may then ofFer its evidence. f. The grievant followed by the respondent may offer rebutting evidence: .. g: Closing a,rgur~ents shall be permitte,d 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. Fhe Commission may.place a time limit on closmg arguments. The Commissiqn or the parties may request the submission of written briefs: Aftef the r~quest for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procadure fot the Parties The party representing the department and the party represenfing the employee wil{ address their remarks, including objections, to the Chair of the Human Resourees Commission: Objections may be ruled upon ~"summarily or argument may be permitted. The Chair reserves the right to termir~ate argument at any time a.nd issWe a ruling,regarding an objection oc any other matter, and th~reafter the representatives shali continue with the presentation of their case. 12. R1~ht:to Control Rrocesdings . VVhile,the,parties=are generally free to present they prefer,; the Chair reseroes the right tc inclu~ing, t~ut not ,limited,, to;; altering the o redundant or irrelevant testimony, or by witnesses. 13. Hearing Demeanor and Behavior their case in the order that control the proceedings, der of witnesses, limiting he direct questioning of All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. ARTICLE X1/lll (continued) 14: Defiberation 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 Commis§ian may deliberate at the close of the hearing in closed ses§ion or'at a later'f'xed date and time not to exceed ten (10) working days. 15. Recon'~mende~ Decision The Human Resources Commission shall render its recommendations as saon after the conclusion of the hea~ing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. The `recommended decision shali include an explanation of the basis for the decision: The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. . " 46. Recommendation to 4he City IVlanager The decision of the Human Resources Comniission is advisory to tfie. City Manager. ~'he p~opo'sed decision shall be ~rovided to the grievant and the City M~nager. Either the employee or the department may file a written appeai to the proposed decision, by filing exc.eptions thereto with the Human Resources Manager within ten (10) tlays of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may also request a transcrip4 for review by the City Manager within ten (10) working days of tNie, Commission's decision. If the appealing party requests a transcript, fhat parfy sfiall pay the cost of the`transcript. 17. Final Action by City M Within ten (10) workin~ days of receipt of the tr tMe Commission, any e. decision o€ the City Ma to the employee and fb ~ys of the filing of exceptions, or within ten (10) ~ript,; #he Giiy Mahager shall review the decision of ~tions filed; and a reco~d, if one is requested. 7he 3r sFiali 6e final. The decision shall be transmitted depaitment head. ARTlCLEXlX FULL UNDERSTANDING Section A. This Memorandum of Understanding contains all the covenants, stipulatioris and provisions agreed upon by the parties and any other prior exis6ng understanding or agreemerrts by the ,parties, whether formal or infoRnal, regarding any such matters are hereby superseded or terminated in their entirety. It is the iritertf of the parties that this agreement be administered in its entirety in g faith during its full term. The Association recognizes that during such term it may be necessary fo~ Management to make changes in rules or procedures a~ng the employee.g in the unit, and the City, upon request, agrees to meet and confer with the Association over matters within the scope of representation. For the life of this agreemeM it is agreed and understood that the Associatlon hereto voluntarily agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. The parties agree and understand that any Section of this MOU may be reopened by mutual consent. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this day of August, 2005. CITY OF ARCADIA William R. Kelly City Manager 2005 BARGAINING TEAMS AFFA WAGE NEGOTIATING TEAM CITY REPRESEN'fATIVES Mike Lang, Fire Captain _ Michael MacGregor, F'ire Captairi TocJd Mqrehead, Fire Engineer Denny Wren, Fire Paramedic Tony Trabbie, DePuty Fire Chief Michael A, .Casalou, Human Resources Administrator Toyasha Black~ ManagemeniAnalys4 Wfliiam W. Floyd, Jr., Attomey 39 X a ~ a o. 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C n ,~ ~ ~ ~ ~ ~' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OD W O ~ ln 07 f~- ~ e- f~ aD N O e- t0 117 ~ p co rn o c~ ~ a~ ~ ~ m o ~n o ~n o ~n .- r~ c~ er c ~ rn o c.i i v c r rn o c~ r~ in ~o V ~ ~ ~ '~" '~' ~ ~ ~' '~' ~' '~" '~ '~' '~' ~ ~ ~ '~' N N OO OD O lO lq ~ l~ f~ e- I~- O7 N O r fD ln V 0] N m ~ N fD N. a o7 r 1n O ~ O lCJ ~ N M ~ fC7 I~ O~ O N c`') •t tD t~ 01 O N P1 if1 :: ~i e~r ~i ~ ~ ~i ~ w ~ ~» ~ ~ `~» ~ ~ ~ ~ s~s N ti c~ co m o u~ in rn n n ~ r. ao c~ o ~ co m l~ a~ a~ ~ ~ N ~ fD N ~ 7 ' c0 - ~ ~ O ~ O t17 ~ N M a tO h ~ O N c > ~ fD t~ C~ O N P~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ r~ I~ n N w OD w o0 01 0 ~ 1n N tn (O 01 C0 ~ 1~ r 1~- ~{ .- !O h ~- N 1fl N O O ln ~ O a O ~ N M ~ tO T~ ~~ T O N . c+1 ~ ~D t~ 01 O N ;~ ~ ~ ~ cF fA ~ ~ a 64 at fA ~Q tA Il'1 EH t19 Vi tfJ 64 ll~ 64 lCJ 69 LL7 fA 1n fA fD 69 f0 ER W q Q Q 4 U Q U O7 m ~ Q Q m ~ d ~p GI ~ d ~ ~.. ~ ~ N m ~ Q ~ ~ C C C m C ~ C ~ C ~ ~ .~ r- . L~ L L C /0 C IO C f0 - N l7 f6 m w a w a w a U U U ~ ~ d m m ~ d ~ ~ ~ m m m F- LL Il lL LL. LL, lL lL LJ.. Ll. ~ LL LL LL IL lL LL LL LL LL LL LL LL LL L7., li, lL LL LL LL !L LL o m "~ ~ 'r' ~ ~ ~ O1 ~ i n n n ~ ~ ti cO d da c o c c c o n c E ~ Z ' _` r ~I 0 lJ f°°°Rp~~SID9-~°°° STAFF REPORT Administrative Services Department DATE: August 2, 2005 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directol~d Prepared by: Michael A. Casalou, Human Resources Administrator ~~ ~6 `~ g ~ SUBJECT: Resolution No. ~Z_ establishinp comaensation and related benefits for emalovees represented bv the Arcadia Police Officers' Association. (APOA) for Juiv 1, 2005 throuah June 30, 2007 ~ - Recommendation: Adopt SUMMARY Resolution No. 6477 establishes terms of employment and compensation for City employees represented by the Arcadia Police O~cers' 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. 6477, establishing compensation and benefits as outlined in the Memorandum of Understanding (MOU) effective July 1, 2005 through June 30, 2007. 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 July 1, 2005 through June 30, 2007. In April 2005, the City conducted a total compensation study that was eompleted by Johnson & Associates, LLC. The MOU reflects the implementation of that plan effective the first pay period in July 2005, as well as a subsequent increase of 2.85% to the salary schedules of all classifications in this bargaining group. Mayor and City Council August 2, 2005 Page 2 of 2 Effective July 1, 2005, when an officer is required by the City to report to couR to testify during the officers 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. Effective July 1, 2005, the current training officer assignment pay will be increased from $80 per pay period to $126.15 per pay period. Effective July 1, 2005, represented employees assigned to race track tra~c control duties shall be compensated at 4 hours at time and a half at their rate of pay. The Cify also agreed to a language change in the Full Understanding section of the MOU. FISCAL IMPACT .. The total cost of this agreement is 3.09%, exclusive of any salary schedule adjustments given as a result of the compensation study. Sufficient funds are available in the fiscal year 2005-06 budget to implement the salary and benefit changes detailed in the resolution. Adopt Resolution No. 6477 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 July 1, 2005 through June 30, 2007. APPROVED: "'~`-~-~ William R. Kelly, City Manager RESOLUTION NO. 6481 A RESOLUTION OF THE CTI'Y COUNCIL OF Tf~ CITY OF ARCADIA, CALIFOI~IIA, APPROVING A MEMORANDUM OF LJNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA POLICE OFFICERS' ASSOCIATION ("APOA") FOR 7iJLY 1, 2005 THROUGH JIJNE 30, 2007 THE CITY COUNCII. OF TE~ CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMIIVE 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 July 1, 2005, a copy of which is attached hereto, as modified by the terms of that certain side letter beriveen the City and the APOA dated August 1, 2005, subject to ratification and execution of the MOU and the side letter by the APOA. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for emp3oyees represented by APOA shall be those set forth in the Memorandwn of Understanding. SECTION 2. The City Clerk shall certify to the adoption of tlus Resolution. Passed, approved and adopted this 2nd day of August; 2005. ISI JOHN ~IIUO Mayor of the City of Arcadia ATTEST: /SI JA ES H. RRO S City Clerk of the City of Arcadia APPROVED AS TO FORM: -^- - .,,.w . . «.. .~-;~ ~ ~ ~.. ~~ 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 Resolurion No. 6481 was passed and adopted by the Ciry Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meering of said Council held on the 2nd day of August, 2005 and that said Resolurion was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Mazshall and Wuo NOES: None ABSENT: Councilmember Segal ISI JAMES H. ~ARRO~S City Clerk of the City of Arcadia 2 Q a x W V Z ~ 6L ~ N g °a ~ ~ O r V ti O Q N W ~ ~a ~a 0 0 N J^ ~..I ~ N r 0 01 N dO CO N O N ~ CO N O M r 0~ ~ Q1 ~ M ' f~ 0 ~ h 0 ~ Q/ ~ 0 (O N N ~ fh ~ 07 Ip h M l~ ~ ~ r M d' 1f1 f~ G0 01 ~ M ~ (O l~ ~ e- M ~ fO T O? 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Movie Detail 10 Article Vli Stability Pay 11 Article VIII Retirement 12 Article IX Health, Dental and Life Insurance 13-14 • Retiree Health Insurance 14 Article X Disability Income Insurance 15 Article XI Employee Physicals 16 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 empfoyee organization, hereinafter referred to as khe "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Govemment Code Sections 3500 et.seq.). Section B. AFPROPRIATE.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 Ifl Section A. Section B. ASSOC/AT/ON R/GHTS R1GHT TO JOIN The City and the Association recognize the right of the employees to foRn, join and participate in lawful activities of employee organizations and the equal altemative right of employees to refuse to join or participate in employee organization activities. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated builetin board where employees in the bargaining unit have access during regular business hours subject to the following conditions: a1i postings for bulletin boards must contain the date of posting and the identifcation of the organization and 5ection C. 2. the Association will not post information which is defamatory or obscene subject to the immediate semoval 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 Associadon membership dues as voluntarily authorized in writing by the employee on the City form subject to the following conditions: $uch deduction shalt be made only upon submission of the City form io the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. Section D. REASONABLE NOTICE It is mutualfy understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meefing 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 rivo authorized representatives within five days of the effective date of this agreerrient. 3 .4r2TlCLE N 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 Califomia, 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 exclusivefy in the City; and nottiing in this agreement is intended to circumscribe or modify the existing rights ofi #he City to direct the work af its employees; hire, promote, demote, transfer, assign ~.and retain employees in positions within the City, subject to the Personnel Rules and Regulations of.the Ciry; suspend or discharge employees for proper cause; maintain #he' efficiency of govemmental 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 senrices in emergencies; and to determine the methods, means and peisonnel by which the operations are to be carried out: ' s 2. When an employee is promoted to a higher classfication, the date of promotion shall be used in determining the date of future step increases. Section E. EDUCATIONAL INCENTIVE COMPENSATION Du~ing the term of this agreement~ for fhe classifiqtions listed above, the City shall provide an education incentiVe program. Qualified employees who possess an Associate ofiArts degree shail receive an additional 21/2% as their regular salary: Employees who possess a Bachelor of Arts or Sciences degree shall receive an additional 5% as their regular salary. Employees shall not receive in excess of 5% for any educational incentive. Employees shalf qualify for the 2 1/2°/a education: bonus when they have satisfied the basic education and training requirements by one of the following methods a. The swom employee shall have been awarded an Associate of Arts or Associate in Science degree in Police Science, Police Administration or related degree by an institufion aectedited by the Califomia Dep'artment of Education. b. The sworn employee shail have 60 or more college units acceptable _. •to a college or unroersiry. which is accreditsd by the California Department of Education towards a Baccalaureate degree and have completed a minimum of 20 units in police related courses aaceptable to an accredited Califomia Junior College towards an Associate in Arts Degree in Rolice Science; Bolice Administration or related degree. c. A swom employee, employed prior to December 31, 1965, may qualify by having been awarded an Intermediate Certificate by the Califomia Commission on Feace Officer Standards and Training. 2: Employees shall Gualify for the 5°/a education bonus upon receiving a Bachelor of Arts or Bachelor of Science degree from an institution accredited by the Califomia Department of Education. Effective July 1, 2003, each emplayee who has eamed an Intermediate P.O.S.T. Certificate shall receive an additional 4% as their regular salary. Employees who have eamed an Advanced P.O.S.T. Certificate shall receive an additional 10% as their regular salary. The P.O.S.T. Certification pay may not be combined with educational incentive compensation provided in Article V, Section E. 1. By way of example, and not limitation, an eligible employee with a B.A. degree and an Advanced P.O.S.T. Certificate would receive the Certificate pay of 10%, but would not receive the B.A. degree pay of 5%. An eligible employee with a B.A. 7 i4FtTICLE VI OVERTIME Section A. The Chief of Police may require employees in the Police Department to wo~k at any time other than during regular working hours until such work is accomplished. Section B. PREMIUM OVERTIME COMPENSATION The work period for swom 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/o~ a 9/80 work schedule is 28 days. The woric period fo~ swom 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 regulariy 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 regaMed as .. hours worked. No overtime credit shall be allowed for any period less that one-haif tiour. Section C. STRAIGHT OR COMPENSATORY TIME OFF ~ Oveitime compensation ' shall be' in casti or compensatory time off at the , employee's option; subjecf to tlie pr"ovisions 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 af the option of the employee subject to the appro'val of the DepartmenYs desighated rep~esentative. Outside reimbursable overtime sFiall be administered in acxordance virith 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 shail be compensated four hours at the rate of time and one-half the employee's regular rate of pay. 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 HRT/CLE VU 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 finrenty (20) years of service. An employee is not eligible to receive stability pay until they have completed five (5) years of consecutive service. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service Amount- of Service Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 .$450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between Decembec 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:l, 1984, stability pay will only be applicable to employees who were hired prior to January 1, 1984. ~~ ART/CLE IX HEALTH. DENTAL AND LIFE INSURANCE Section A. Effective July 1, 2003 the Ci.ty shall provide regular full-time employees in a classfication represented by this Agreement with the following contributions: 1. Ca1PERS Health Program The City will contribute $16 per month peremployee for health insurance. 2. Dental Insurance - mandatory enrollment The City will contribute $13.20 per m~nth for employee only enrollment in one of the two dental plans. Additionai coverage may be purchased through the Optional Benefits allocation. 3. Optionaf Benefits The City shali 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 empioyees without dependents; hereinafter referred to as'`Empioyee only;' shall receive a contribution from the City towards the cost of premiums not to exceed $298,80/month. Employees with one qualified dependent, hereinafter referred to as "Employee + 1," shall receive a contribution from the City towards the. cost of premiums not to exceed $533.801month. Employees with,two or more qualified dependen~s, hereinafter;referred to as "Family," shall receive a contribution from the City 4owards the cost of premiums not to exceed $677.80/month. - If tr~e premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroil deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enroliment periods and eligibility established by the respective plans or carriers: Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth and adoption certificate. 4. Life Insurance .- The City shall continue to provide $7,500.00 life insurance benefit for eligible employees. _ _ _. __ __. _.. __ _ _ ____ _ .__ _ __ 13 A'RTICLE X DlSAB1LITY INCOME INSUR4NCE Section A. The City shall provide disability income insurance up to a maximum total monthly payment of $14.18 per employee, covered bythis agreement during the life of the agreement. is ART/CLE Xll UNlFORMS Section A. For the class~cations 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. Secbon C. The Chief or designee shall meet with APOA representatives during fiscal year 1995-96 for the purpose of iden#ifying uniform and safety related equipmant that may be purchased fhrough the DepartmenYs Uniform Replacement Program. A list of optional items wiil be developed that represented employees may purchase. Each Pofice Sergeant, Police Agent and Pofice Officer shall be provided a $350.00 check at the beginning of each fiscal year to spend on optional safety equipment, shoes and boots. Any safety equipment reimbursement made during fiscal year 2004-05 shall be deducted from this allowance for 2004-05. Section D. Detectives, PACE Officers, DARE Officers and the individual assigned to Personnel and Training may be reimbursed up to a maximum of $300 during the first consecutive 12 months of the assignment and during each successive 12 months of the assignment each for the purchase of sports coat, siacks, dress shirts, ties and suits in lieu of the shirt and trousers uniform replacement prog~am referred to in Section A above. Reimbursement shall be provided after the employee provides the Department with original proof of purchase receipts. All employees shail 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 co~sideration in computing overtime, or payment for leave of any kind or for the computation of any supplemental benefit. 17 ARTICLE XIV LEAVES Secdon 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 durafion of a war or national emergency or as required by the Military and Veterans' code. 2. Reasan - a leave of absence maybe 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 Sta4es, who is temporarily incapacitated by illness; orwho presents some other reasons equally satisfactory. 3. Right to Retum - the granting of a leave of absence without pay confers upon the employee the right to retum 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 retum to his ciassification 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 retum 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 shali constitute an interruption of service unless, in the action granting such leave of absence; it is provided that such leave of absence shall not constitute an interruption of service. 19 ARTICLEXN (continue~ 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 emp{oyment 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 flve 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 sixfy- 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 unabie to utilize vacation time and this has not been a pattem 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 p~eviously requested and was granted approval of vacation leave for use during the last three (3) months of the calendar year and is unabie to util'¢e 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 eamed. 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°!0 of the pay period, the employee shall receive credit for that pay period's vacation accruai. 21 ART/CLEXN (contlnue~ 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 Ciry 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 fime limit specfied 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 iliness 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 injuced on duty and the injury is so recognized by the Workers' Compensation Act tiy the City of Arcadia or the Woricers' 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 dury because of such injury up to a maximum of one year from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. 23 ARTlCLE 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 dess~cation, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointrnent is made to a probationary position and subsequentiy the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, #he "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 shail be on probation for eighteen months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for firoelve months before attaining permanent status. 25 ART/CLE XVII RESPONSE TIME Section A, Due to the emergency requirements of prompt response time, all sworn members of the uniPmust live within a fifty (50) mile radius ofthe Police Station. Swom unit employees'who currently In+e outside the fifty (50) mile distance shall not be required to move; however, they shall not move to any location that is a further distance than that distance they resided at on July 1, 1991. 27 ARTICLE X!X EMPLOYEE GR/EVANCES 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 appiicable Memorandum of Undersfanding or City`and/or Department Personnel Rules and Regulations where there is no other specific method of reVie+ni p~ovided by City taw. b. Grievant An employee or group of employees in the classified service adversely . affected by an act or omission by the City ailegedly in violafion of an express provision of the Memorandum of Understanding or City and/or Depart'rnenf Personnel Rules and Regulations. c. Deoartment 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 The, procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hou~s_ 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 evaluafiion procedure set forth in a specific provis.ion of the MOU and/or City/Department Personnel Rules and Regulations are grievable. , 3. The procediire is not intended to be used to challenge a ~eclassification, layoff, transfer, denial' of reinstatement, or deniai bf a step or merit increase. Notwithstanding the aboVe, if the p~ocess used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Depaitment Personnel Rules and Regulations, a 29 2. The specific act or omission which gave rise to the alleged violation. 3. The date or da4es 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 sFiall render a decision in writing, on the grievance form, within ten (10) working days after receiving fhe grievance. Deaartment 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 supeivisor receiVed the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance forrn, 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 wrifing within ten (10J working days.of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longec c. Human Resources and Risk Manaaer If the employee is not in agr.eement with the decision reached by the department head, within ten (10) working days after receiving the department head's decision or twenty (20) days from the,date the department administrator received the grievance but failed to issue a decision„ the employee shall present the grievance in writing to the Human Resources and Risk Manager on the official City grievance form. The Human Resources and Risk Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Human Resources and Risk Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 31 2. Exhibits and Witness Lists Five (5) working days priorto the date set for the hearing, each party shall serve upon the other par(y and submit to the Human Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of ail exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down the side with the exhibit:numbers: The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be-permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. 3. Statement of Issues Five (5) working days prior to the date set for the hearing; each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. Submission to the Human Resources Commission Five (5) working days prior to the date set forthe hearing, the Human Resources Division of the Administrative Services Department shali present each member of the Human Resources Commission with a copy of the jurisdictionaf documeMs. Those documents include the grievance documents at each level and the responses to the grievance: e. Pavment of Em~loyee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appea~ at the hearing: The Commission may direet°that these employees remain on cali` until called to testify: Employees who are subpoenaed to testify during non=working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. ~ Conduct of the Hearinp 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 tiuth. 33 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 openirig statement, or reserve an opening statement until presentation of its case. 4. The grievant shall produce his/her evidence. 5. The respondent may then offer its evidence. 6. The grievant followed by the respondent may offer rebutting evidence. 7. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof; shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments: The Commission or the parties may request the sutimission of written 6riefs. 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-Hurnan Resources Commission. Objections may'be ruled upon summarily or argument may be permitted. The Cfiair 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. Riaht to Control Proceedinas 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 tes6mony, or by the direct questioning of witnesses. 35 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. Reduestfo~Hearina Within ten (10) working days`after final notice of written reprimand, recluction in pay, transfer for purpose of punishment,~ suspension; demotion or removai, the employee or the employee's representative"may file' an appeal in writing with the City Clerk. If, within the ten (10) tlay appeal period, Ehe employee does not file $aid appeal, unless good cause for 4he failure is shown, the action of the City shall be consideretl' conclusive and shall take effec4 as prescribed. The appeal shall include tFie 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 affirmafive defenses' 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 6eing processed. 2. Scheduiina of Hearina. Upon receipt of the request for an appeal, the City Clerk shall, within thirty (30) working days, tran"smit ttie appeal to the Human Resources Commission. The Comrrmission shall schedule a hearing. The appeal hearing shall tie 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 leas#`ten (10) working days prior to the hearing: 3: Private or Pu61ic Hearinas g p rovided that the employee may ~equest a hearing open to the public' Any eque t for an open hearing shall be submitted fiVe (5) working days prior to the hearing date or tfie fiearing will be closed. 37 6. Record of Proceedinas and Costs a. . Court Reaorter All disciplinary appeai hearings may, at the Commission, be recorded by a court reporter. Any court reporter, shall be recorded by audio tapes. If either party, that party shall pay the cost of the court court reporter the cost will be split equally. If the reporter, the City shall pay the cost of the reporter. b. Pavment of Emolovee Witnesses discretion of either party or the hearing which does not utilize a a court reporter is requested by reporter. If both parties request a Commission requests the court Employees of the City who are subpoenaed to testify during working hours wiil 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 actuallytestify, unless the Ciry agrees to a different arrangement. 7:' Conduct of the Hearinq a. The hearing need not be conducted in aocordance with technical rules relating to eVidence and witnesses.but hearings shail be conducted in a manner most conducive to determination of the truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which miglit make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used fo~ the purpose of supplementing or expiaining any direct evidence that shall not be sufficient in itself to support a finding unless it wouid 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 recogniied in civil actions. e. Irrelevant and unduly ~epetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibiliry 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, atl other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. 39 d. The party imposing disciplinary action (department) shall produce their evidence. e. The party appealing from.such disciplinary action (employee) may then offer their evidence. f. The party imposing discipline (department) followed by the appealing party (employee) may offer rebutting evidence. g. Ciosing arguments shall be permitted at: the discretion -of the Human Resources Gommission: The partywith the burden of proof; shail 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 Coinmission.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 wiil address their remarks; including objections, to the Chairof 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 objeetion or.any other matter, and thereafter the representative shall continue with the presentation of their case. 13.• Riaht to Control Froceedinas VVhile the parties are generally free to present their case in the order that they prefer; the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses; limiting redundant or irrelevant testimony; or by the direct questioning of witnesses: 14. Hearina Demeanor and Behavior A11 parties and their attorneys or representatives shall; not; by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personai 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 adjoum to closed session to deliberate. The Commission wili consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days, and with the agreement of both the Commission and the appealing party (employee), the deliberation period may be extended for up to an additional ten (10) working days. 41 19. Judicial Review a. Petition for Writ of Mandate Judicial review of any decision of the City Manager may be had pursuant to Section t094.5 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 Pursuanf to Code of Civil Procedure 1094.6 any such petition shalF be filed not later than the ninetieth. (90th) calendar day following the date on which the City Manager gives written notice of the final decision. 43 . 2005 BARGAINING TEAMS APOA WAGE NEGOTIATING TEAM Officer Steve Crawford Officer Jason Davis . Sergeant Larry Ho~rowitz Elizabeth Silver Tourgeman, Attorney CITY REPRESENTATiVES Michael A. Casalou, Human Resources Administrator Sharmeen Bhojani, SeniorlHuman Resources Analyst Randy Kirby, Police Captain William W. Floyd, Jr>; Attomey 4 5' ~.~~ Development Services Department DATE: August 2, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Director~ Philip A. Wray, City EngineedEngineering Senrices Administrator ~iP~ Prepared by: Ramiro S. Gonzalez, Assistant Engineer SUBJECT: Reiect all Bids - Installation of a Traffic Siqnal At the Intersection of First Avenue and Santa Clara Street Recommendation - Reject all Bids SUMMARY As a result of new developments that occurred in the vicinity, traffic flows through the intersection of First Avenue and Santa Clara Street have increased. Based on the current peak hour traffic conditions, the installation of a traffic signal at the above intersection is warranted. The developments in the vicinity contributed their fair share of the cost of the traffic signal. A location map of the project area is attached for reference. The project was advertised for bids in June and although several sets of plans and specifications were sold, only one bid was received. The bid was considerably higher than the engineer's estimate and the budget. Staff recommends rejecting the bid and re-advertising the project. BACKGROUND The installation of a traffic signal system at the intersection of First Avenue and Santa Clara Street was prompted in part by the construction of the hotels on Second Avenue south of Santa Clara Street. As mitigation to the probable increase of traffic, it was proposed that a traffic signal system would be installed once the concerns were realized. A subsequent Tra~c Signal Warrant study was conducted and upon satisfaction of the Peak Hour Warrant a traffic signal system was proposed. The signal was designed to take into account the proposed future Gold Line crossing at this intersection. Staff developed plans and specifications and advertised for bids.in June. Mayor and City Council Staff Report August 2, 2005 Page 2 Several plans and.specifications were sold but only one company submitted a bid. Bidder Comet Electric Amount $217,000 The bid received was considerably higher than the estimated cost of $130,000. In subsequent research by staff, it appears that there are fewer traffic signal contractors in business and the current workload in Southern California is very heavy. These conditions tend to inflate the cost of work and limit the number of bidders. The Los Angeles County Departmenf of Public Works recently experienced the same results with traffic signal construction bidding. It was also determined that the advertisement period for Arcadia's project was relatively short and may have contributed to a lower number of interested bidders. Staff recommends rejecting the bid and re-advertising the project with a longer advertisement period. Staff will also contact Traffic Signal contractors directly to inform them of the City's project. Upon opening of bids, staff will evaluate the cost and additional budget needs. ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 Class 1(c) from the requirements of the California Environmental Quality Act (CEQA). FISCAL IMPACT The project budget is $150,000, which includes $139,000 in Redevelopment Agency funds and $11,000 in developer contributions from the hotels on Second Avenue south of Santa Clara Avenue. The contributions were based on traffic volumes generated. The bid received is significantly higher than the estimated cost of $130,000. There,is no fiscal impact of rejecting the bid. The project will be re-evatua4ed and any adjustment, if any, to the budget will be presented to the City Council at a later date. RECOMMENDATION That the City Council reject all bids for the Installation of a Traffic Signal at the Intersection of First Avenue and Santa Clara Street. Approved: _~~~ '=-i William R. Kelly, City Manager DP:PAW:RSG:pa A ~ 1 ~ ~ , Nc~R+'ogaTE~~,eo~ STAFF REPORT Development Services Deparhnent DATE: August 2, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director'~ Philip A. Wray, City Engineer/Engineering Services Administrator Prepared By: Tim Kelleher, Senior Engineering Assistant SUBJECT: Professional Services Aqreement Amendment No. 1-Inspection Services- Street Rehabilitation W/B Huntinqton Drive and Colorado Place Recommendation: Authorize the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with Anderson Consulting Service for inspection services in the amount of $5,600 SUMMARY Anderson Consulting Services was contracted to provide inspection services for the Street Rehabilitation of W/B Huntington Drive and Colorado Place Project. The project construction period has been extended due to a contract time extension requested by the primary contractor to allow more time to complete underground utility work. Because of the extended construction time, additionai inspection services of ACS are necessary to complete the project. Therefore, staff is recommending that the City Council approve an amendment to the professional services agreement with ACS to increase the not-to-exceed amount by $5,600. DISCUSSION On April 5, 2005, the City Council entered into a Professional Services Agreement (PSA) with Anderson Consulting Services (ACS) to provide construction inspection services for the above-mentioned project. The inspection services are necessary to insure the quality of the contractor's workmanship according to plans and specifications for the duration of the project. The contract inspector has coordinated soils and asphalt compaction testing with an independent assigned firm, provided daily and weekly construction activity reports, reviewed and assisted in processing the progress payments and insured proper traffic control, delineation and work area safety measures are in place. Mayor and City Council Staff Report August 2, 2005 Page 2 The PSA was approved with a not-to-exceed amount of $19,600 based on ACS estimate of time with the original project. The project construction period was extended to allow more time for the electrical subcontractor to complete the underground conduit phase of the project in advance of the .street work. Staff was concerned that the subcontractor doing the electrical installation would delay the ensuing progression of work, thus staff allowed the electrical subcontractor to start several weeks early. The original project time period was tight and the additional time was allowed up front to insure completion in a timely manner and avoid lengthy delays. The additional time did add cost to the inspection services but allowed the street work to proceed on a timely basis and did not affect the overall construction costs. The extended construction period will necessitate additional inspection services beyond the scope of the original PSA. ACS estimates their additional services at approximately $5,600. FISCAL IMPACT The additional inspection services estimated at $5,600 will be funded from Prop C funds budgeted in the 2002/03 Capital Improvement Program (CIP). There are sufficient funds in the revised budget to cover these costs. RECOMMENDATION Authorize the City Manager enter into Amendment No. 1 to the Professional Services Agreement with Anderson Consulting Service for inspection services in the amount of $5,600. Approved: William R. Kelly, City Manager DP:PAW:TOK:pa ~ 1 ( / `~J i....~.. e . NquR f~ If0] '~°a,=yot~°~`' STAFF REPORT Public Works Services Department August 2, 2005 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director ~ Prepared by: Gary F. Lewis, General Services Man ger Jim Brophy, Warehouse Manager SUBJECT: Purchase of eleatrical liahtin4 and accessories Recommendation: Award a one (1) year purchase order contract extension in the amount of $102,418.00 to West-Lite Supply Co., Inc. for the purchase of electrical lighting and accessories Summarv On July 20~h, 2004 the City Council approved a one (1) year agreement with optional contract extension to West-Lite Supply Co. Inc for the purchase of electrical lighting and accessories for City facilities and streetlights. West-Lite Supply has reached the end of their first year of the contract and has submitted a written offer for an additional one (1) year contract extension in accordance with the existing agreement. West-Lite Supply has agreed to hold firm the current prices for fiscal year 2005-2006. Based on the excellent service provided by West-Lite Supply during the last year, staff recommends that the City Council award a one (1) year purchase order contracf extension in the amount of $102, 41$.00 for the purchase of street lighting`and building maintenance needs. Discussion The Warehouse Fnaintains bailasts, lamps, fixtures and other related lighting accessories that are essential for the daily maintenance of City-owned street Lighting requirements. Most items used in conjunction with lighting needs are considered a revolving inventory item, and must be replaced to continue the smooth day-to-day operations of the street lighting section. Mayor and City Council August 2, 2005 Page 2 fISCAL IMRACT ` Sufficient funding is available in the 2005-2006 Operating budget to cover the cost of these purchases. RECOMMENDATION Award a one (1) year purchase order contract extension in the amount of $102,418.00 to West-Lite Supply Co. Inc. Inc. for the purchase of electrical lighting and accessories for various City Facilities. Approved by: ~ v'4~' William R: Kelly, City Manager PM:GFL:JB:dw ~, ~, ~..m...ua . . . . . N~onf~l~p °~~a,~y~tA°~°' STAFF REPORT ~ Public Works Services Department Augusf 2; 2~05 TO: • Mayor and City Council FROM: Pat Malloy: Public Works Services D+rector -\' Prepared by: Gary F. Lewis, General Services Man er Jim Brophy; Warehouse Manager SUBJECT: Purchase of ianitorial supplies Recommendation: Award a one (1) year purchase order contract extension in the amount of $75,000.00 to Delta Distributing, Inc. for the purchase of janitorial supplies for various City facilities SUMMARY On August 20, 2002, the City Council approved a one-year Agreement wifh optional contract extensions to Delta Distributing Inc. for the purchase of Janitorial suppiies for various City facilities. On September 16, 2003, the City Council awarded the first purchase order contract e~ension and subsequently, on July 6, 2004 the City Council awarded the second purchase order contract extension,-which is currently approaching the end of its extension. Delta Distributing, Inc. has submitted a written offer to extend the existing contract for an additional one (1) year in accordance with the existing agreement. Delta Distributing has agreed to hold firm the current prices for the next fiscal year 2005-20Q6. Based on the excellent service provided by Delta Distributing, lnc. from the previous years, staff recommends that the City Councii award a one (1) year contract extension in the amount of $75,000.40 to Delta Distributing, Inc. for the purchase of janitorial supplies for various City facilities. DISCUSSION The warehouse is responsible for purchasing and distributing all janitorial supplies for the City's facilities. It is important that the warehouse maintain proper on-hand inventory levels to prevent interruption to these services. Most items used in conjunction with janitorial services and facilities maintenance are considered revolving inventory items and must be replenished to continue smooth day-to-day operations of the various City facilities. Mayor and City Council ~ - August2,2005 Page 2 .. On Augusf 20, 2002, the City. Council approved a one-year Agreement with optional contract extensions to Delta Distributing Inc. in the amount of $105,477 for the purchase of janitorial supplies forvarious City facilities. On September 16, 2003, the City Council awarded its first purchase order contract extension for $75,000 and subsequently, on July 6, 2004, the Council approved a` second one-year purchase orcier contract extension with no changes in the contract cost. `Delta;Distributing Inc. is currently approaching the end of their second contract extension. , During the previous year, the City spent $75,000 for the purchase of janitorial supplies~.and it is anticipafed that the City will maintain the same level of activity. Once again;.D,elta Distributing has agreed to hold firm the current prices during fiscal year 2005-2006. . Staff recommends that the City Council award a third one (1) year purchase order contract extension in .the amount of $75,000.00 to Delta Distributing, Inc for the purchase of janitorial suppliesfor various City facilities. FISCAL IMPACT Sufficient funding is available in the 2005-2006 operating budget to cover the cost of these purchases. . RECOMMENDATION Award a one (1) ,year purchase order contract extension in the amount.of $75,000:00 to Delta Distributing Inc. #or the purchase of janitorial supplies for various City Facilities. , : Approved by: ~ William R. Kelly, City Manager ~ ~ ~/ 1 A ~~~~1 ~IIM '~°a~ty~t~~°m`' STAFF REPORT Police Departrnent DATE: August 2, 2005 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police~~ By: Nancy Chik, Management Analy_s SUBJECT: Reward Offer of $10.000 for Information Leadina to the Ident~cation and Arrest of Susqect(sl in the Murder of Ryan Brock Recommendation: Approve SUMMARY Shortly after 5:00 p.m. on April 13, 2005, 29-yearold Ryan Brock of Monrovia was shot multiple times at the 99 Ranch Market parking lot during a robbery. Mr. Brock died shortly thereafter at the hospital with his pregnant wffe by his side. The Police Department is requesting a reward offer of $10,000 for information leading to the ident~cation and apprehension of the person(s) responsible for the brutal murder of Ryan Brock. An exhaustive criminal investigation was launched, including interviews of witnesses, evidence collection and analysis, and victimology analysis. Despite our investigators' best efforts, the person or persons responsible for this heinous crime have yet to be identified and the probability of solving this crime diminishes each passing day. DISCUSSION Resolution 6323 was passed on August 20, 2002, wherein the City Council may offer a reward and establish a reward fund for information leading to the identity and apprehension of any person or persons whose willful misconduct results in injury or death to any person. Additionally, a reward of up to a maximum of $20,000 per incident may be established and a reward may be offered to the person or persons who provide information leading to the apprehension of the person(s) committing the crime and the filing of a criminal complaint against said person(s). At that same time, the City Council authorized a$20,000 reward fund for information on the Charlotte Cole murder and a$5,000 reward fund for information about the deaths of Fuzhi Ji and Vincent Ji. (Los Angeles County also offered an additional $5,000 reward for the Ji case, which brought the total reward fund to $10,000.) Arcadia resident Charlotte Cole was stabbed repeatedly and brutally murdered on September 1; 2001, in the rear parking lot of Coco's Restaurant located at 59 Las Tunas Drive. On June 14, 2002, a 65-year-old man was carrying his 2-year-oid grandson when they were struck by a vehicle traveling southbound on Santa Anita Avenue at Bonita Street. The driver of the vehicle failed to stop at the scene, and both victims died from their injuries. In the case involving Ryan Brock,. the murder occurced during daylight hours in a paricing lot of a crowded business area. Investigators believe that there are witnesses to all or parts of the crime; however, they are reluctant to come forward and contact police. In an effort to motivate potential witnesses to come forward, the Department is asking the City Council to authorize a reward of $10,000 for information provided by a witness, which leads to the ident~cation, arrest, and prosecution of the person or persons responsible for the murder. Investigators believe that the combination of inedia attention and the reward may prompt a witness to surface. FISCAL IMPACT The reward of $10,000 will be appropriated from the General Fund. Consistent with State Law, the money is not dispensed until after the person(s) responsible for the crime is/are apprehended and a criminal complaint is filed. If no one is arrested and charged for the murder then the reward offer will be automatically rescinded. Approve reward offer of $10,000 for information leading to the identification and arrest of suspect(s) in the murder of Ryan Brock. Approved: W"_-'°"'a . William R. Kelly, City Manager ; , c~ . q~ ~ STAFF REPORT Fire Department DATE: August 2, 2005 TO: Mayor and City Council FROM: David R. Lugo, Jr., Fire Chief ~~S `' - By: Kurt Norwood, $attalion Chief/Fire Mazshal Heather McDowell, Management Analyst SUBJECT: Report and Recommendation Adopting Ordinance No. 2209, Amending Article III, Chapter 9 of the Arcadia Municipal Code Relating to Public Safety Alarm Systems Recommenda6on: Adopt Si7MMARY Ordinance No. 2209 was introduced to the City Council on July 19, 2005, setting its adoption for the August 2, 2005 Council meeting. RECOMMENDATION It is recommended that the City Council: Adopt Ordinance No. 2209, An Ordinance of the City Council of the City of Arcadia, California, Amending Article III, Chapter 9, of the Arcadia Municipal Code Relating to Public Safety Alarm Systems. Approved: _ "- ° '~ William R. Kelly, City Manager , . STAFF REPORT Fire Deparlment DATE: July 19, 2005 TO: Mayor and City Council FROM: David R. Lugo, Jr., Fire Chief ~'R•~ •~~ By: Kurt Norwood, Battalion Chief/Fire Marshal Heather McDowell, Management Analyst SUBJECT: Report and Recommendation to Introduce Ordinance No. 2209, Amending Article III, Chapter 9 of the Arcadia Municipal Code Relating to Public Safety Alarm Systems Recommendation: Introduce Ordinance SiJMIvfARY The City Council authorized Alarm System Standards, System Regulations, Compliance Regulations, and Cost Assessments for Public Safety Alann Systems operating within the City of Arcadia, with the adoption of Ordinance No. 1942, last updated in 1991. Authority for alann systems exists in Article III, Chapter 9 of the Arcadia Municipal Code. At this rime, the Fire Department wishes to update the Municipal Code to set out language referencing fire alarms to a section separate from security alarxns, which aze admuustered by Law Enforcement. Fire Department personnel have conferred with Police Department personnel, who concur with this recommendation. Amending Article III, Chapter 9 will allow the Fire Department to update fees set in place in 1991, in order to recoup the present-day cost of services within the City. In addition, it will allow the Fire andlor Police Depariments to make changes, when necessary, to the Municipal Code regazding their respective alann systems, without affecting the other departmenYs operations. DISCUSSION The intent of recommending an updated False Fire Alarm ordinance is to recoup reasonable fees for services, and to encourage residents and commercial occupants to properly maintain their fire alann systems. The purpose of this ordinance is to gain compliance and cost recovery. Fire alarms triggered by steam, smoke, dust, heat, or other means of normal acfivation aze not normally subject to cost recovery. However, the refusal or inability of an occupant to address a repeated activarion caused by these sources can be recoverable. The Fire Department wishes to clarify language related to fire alarm systems and to update false-alann fees. The proposed amendments aze administrative in nature, and contain Mayor and City Council Ju1y 19; 2005 Page 2 adjustments to fees for false alarms within the City of Arcadia. The proposed changes will not affect the level of service provided to the public, but will allow for straightforward administration of false-alann tracking, and for the City of Arcadia to recoup its costs for responding to excessive false alarms. Specifically, the following changes are being proposed: Existing Chapter 9 Sections 3900-3910 remain under a modified title, "Alarm Systems - Law Enforcement Security Alazm Systems." Alarm systems in these sections contain language that references security alanns and also the Fire Department. Language related to fire alanns has been removed &nm these sections. A new Chapter 9.5, entitled "Alarm Systems - Fire Department Alarm Systems," has been created, which mirrors the language of the Law Enforcement section, except that it is specific to Fize Deparhnent alann systems and describes in detail the alann system standazds, system regularions, compliance regulations, and cost assessments unique to the Fire Department. Modifica6ons made to the e~sting ordinance are outlined below: Commencing with the effective date of this Ordinance, a false fire alarm penalty assessment shall be paid to the City on the third false alarm received from any single fire alarm system serving one address or location; in accordance with the following schedule: • For the first and second false alarm during a calendar yeaz there will be no penalty assessment. For the third and any subsequent alann during a calendar year, there will be a penalty assessmentlcost recovery for the following: the cost of one engine company at the established hourly rate listed in the Fire Department Fee Schedule (Engine/Truck Company Standby) per event. To calculate fees for false alarms, the Fire Deparhrient utilized the Cost Allocation Plan and Cost of Services 5tudy prepared by Revenue & Cost Specialists, LLC, for commercial and residential false alarms. • For the fifth and all subsequent false alanns during a calendaz yeaz, the owner may be subject to violation notices for conective actions on failure to maintain fire protections systems, and subject to administrative citations as outlined in Resolution No. 6322 adopted in 7uly of 2002. Staff recommends the City Council introduce Ordinance No. 2209 at this tnne, setting the adoption for August 2, 2005. Mayor and City Council July 19, 2005 Page 3 FISCAL IMPACT Staff anticipates increased revenues to the City in an amount to exceed $20,000 annually. No additional costs will be incurred by modifying this Ordinance. RECOMMENDATION It is recommended that the City Council: Introduce Ordinance No. 2209, An Ordinance of the City Council of the City of Arcadia, California, Amending Article III, Chapter 9, of the Arcadia Municipal Code Relating to Public Safety Alann Systems. Approved: ~ `~ William R. Kelly, City Manager ~~'~-;ve q-~-os ORDINANCE NO. 2209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III, CHAPTER 9, OF THE ARCADIA MLJNICIPAL CODE RELATING TO PUBLIC SAFETY ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article III, Chapter 9 of the Arcadia Municipal Code is hereby deleted in its entirety and new Chapters 9 and 9.5 are hereby added to the Arcadia Municipal Code to read as follows: "CHAPTER 9 ALARM SYSTEMS - LAW ENFORCEMENT SECURITY ALARM SYSTEMS 3900. FINDINGS AND PURPOSE. The City of Arcadia finds and deternunes that the regulation of security alarm systems and the control of false security alarms are necessary to promote the health, welfaze and safety of the people. Many security alarm systems currently in use either mechanically malfunction, or are not operated properly by their users, causing an increase in false security alann reports, thereby constituting a hazard and wasted time for , peace officers, communications personnel and the public in general. The City Council deternunes and finds that the high rate of "false security alarms" is extreme, and that the remedies set forth in this Ordinance, including without limitation cost assessments, are necessary to address and remedy this problem and its negarive impact on the services of the City and the taxpayers of the community. 3901. DEFIlVITIONS. For the purpose of this Article, the following defuurions will apply: A. "Security alann system" is any device designed for the detection of an unauthorized entry on or into any building, place, or premises or for alerting others of the commission of an unlawful act and which, when activated, emits a sound or transmits a signal to indicate that an emergency exists, to which police personnel are expected to respond. B. "Security alarm business". sha11 mean any person, firm or corporation conducring or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering; replacing, moving, removing, installing or monitoring a security alarm system in or on any building, place, premises or vehicle. C. "Security alarm agent" shall mean any person who is self-employed or employed by a security alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing a security alarm system in or on any building, place, premises or vehicle. D. "Audible security alann" is a device designed to acrivate upon an unauthorized entry, or attempted entry, into a structure and which sounds an audible signal on the premises. 2 E. "Security alann user" is any person using a security alarm system at his/her residence or place of business. F. "Direct dial telephone device (automatic dialing device)" is any device interconnected to a voice grade telephone line and which is programmed to select a predetermined telephone number and which transmits by prerecorded voice message or code signal an emergency message indicating a need for an emergency response. G. "False security alarm" shall mean the activation of a security alarm system necessitating response by the Arcadia Police Department where an emergency situation for which the security alarm system was designed or used does not exist. Alarrns that are activated by a person or persons who have a reasonable belief under the particular circumstances that activation was necessary shall not be deemed "false security alarms." "Fa1se security alarm" shall not include a security alarm system activated as a result of authorized servicing, testing, maintenance, adjustments, alterations or installarions thereof, provided that the respective pernutee or authorized agent thereof notifies the Arcadia Police Communications Center as required pursuant to Section 3905.B prior to commencement of any of the aforesaid acriviries. Security alarms that result from natural causes, acts of God, or power failures beyond the control of permitee are not deemed to be "false security alarms." 3 H, "Person" shall mean any individual, partnership, corporarion or other enrity. I. "Residential" means premises used as dwelling units, which includes without limitarion apartments and lodging houses. J. "Business" shall mean any premises used as nonresidential premises. 3902. EMERGENCY NOTIFICATION CARD. No person sha11 install, or cause to be installed, used or maintained, or possess a security alarm system on any business premises owned or in the possession or control of such person within the City of Arcadia without filing an emexgency notificarion card ("Card") and application in accordance with khis Section. The Card and application shall be filed with the City's Business License Officer who shall prescribe the form of the Card and applicarion, and request such information as is deemed by the Business License Officer to be reasonabie and necessary. The Card and applicarion shall include, at a minimum, the address of the business premises where the security alarm system is to be located and the name, address, and telephone number of the applicant and persons who will render service or repairs to the security alarm systexn, or its location, during any and all hours of the day or night, and any other information required in order to process the Card and applicarion, including without limitarion information applicable to Arcadia Municipal Code Sections 3904, 3905 and 3906. 4 3903. CORRECTION INFORMATION. Whenever any change occurs relating to the written information provided on the Card and application described in Section 3902, written notice of such change shall be given to the City's Business License Officer within five (S) working days of any such change in infoxmation. 3904. SECURITY ALARM SYSTEM STANDARDS. All security alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards which may hereafter be established by resolution or ordinance of the City Council of the City of Arcadia. The City reserves the right to inspect all security alarm systems subject to all applicable laws, including without limitation Code of Civil Procedure Section 1822.50 et seq. (Inspecrion Warrants). All new security alarm systems shall meet or exceed the minimum standards for security alarm systems established by this Chapter. 3905. SECURITY ALARM SYSTEM REGULATIONS. A. Automatic deactivation; audible security alanns. Audible residential security alarms shall be equipped with an automatic shut-off or reset mechanism capable of terminating the audible annunciator after activarion within fifteen (15) minutes. Audible business security alarm systems shall be equipped with an automatic shutoff or reset mechanism capable of terminating the annunciator after activation within thirty (30) minutes. 5 B. Maintenance Notification. The security alann user sha11 contact the Arcadia Police Department Communication Supervisor or Watch Commander prior to any service, test, repair, maintenance, alteration or installation of a security alarm system which might produce a false security alarm. Any security alarm activated where such prior notice has been given shall not constitute a false security alann. C. Power Supply. Security alarm systems shall be supplied with an uninterruprible power supply in such a manner that the failure or interruption of normal utility electricity will not acrivate the security alarm system. The power supply must be capable of at least four (4) hours of operation without the assistance of nornial utility electricity. D. Repairs. When any false security alarm caused by a malfuncrion of a security alarm system has occurred, the security alarm user sha11 promptly cause the security alarm system to be repaired to eliminate the malfunction. The security alarm system annunciator shall be disconnected while repairs are being made. E. Direct Dial Telephone Devices. No person shall install any security alarm system which directly dials any felephone number of the Arcadia Police Department, except as authorized in writing by the Police Chief. 3906. APPROVAL OF SECURITY ALARM SYSTEMS/COMPLIANCE WITH STANDARD3. No person shall install any security alann system without 6 the prior approval or conditional approval of the City's Business License Officer or his/her designee after review by the Police and other City Deparfinents as deemed necessary by the Business License Officer to assure compliance with the Security Alann System Standards as established by the City. 3906.1. COMPLIANCE WITH REGULATIONS. Whenever it is determined that a security alarm user has failed to meet any of the standards of this Chapter or related resolutions or regulations adopted by the City, the City's Business License Officer is authorized to direct in writing that the user of that security alarm system disconnect the system until it is made to comply with said requirements. Failure to comply with this direction shall consritute a misdemeanor. 3907. FALSE SECURITY ALARM COST ASSESSMENT/GRACE PERIOD. Any person having a seburity alarm system which results in an Arcadia Police Deparhnent response in which the security alann proves to be a false security alarm, shall pay a cost assessment fee to the City of Arcadia as set forth as follows or as may be established from rime to time by Resolution of the City Council. The following assessment schedule shall not apply to any false security alam~s that occur within thirty (30) calendar days of the initial completed installation of a new security alarm system. A false security alarm,cost assessment shall be paid to the City after four (4) false security alarms have been received 7 from any one source from any one (1) security alarm system, in accordance with the following schedule: A. The first through third false security alarm in any consecutive three hundred sixty-five (365) day period - no cost assessment. B. For each of the fourth and fifth false security alarms in any consecutive three hundred sixty-five (365) day period - Fifty Dollar ($50.00) cost assessment. C. For each of the sixth and all subsequent false security alarms in any consecutive three hundred sixty-five (365) day period - One Hundred Dollar ($100.00) cost assessment. D. For each false security alarm which specifically signals a robbery regardless of any other crime, there shall be a cost assessment of Two Hundred Dollars ($200.00), commencing with the second false security alarm in any consecutive three hundred sixty-five (365} day period. After one (1) `Yobbery" false security alarm, the City shall issue a warning notice to the security alarm user. As set forth in Penal Code Secrion 211, "robbery" means the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, by means of force or fear. Notwithstanding any provision herein to the contrary, the cost assessment set forth 8 in this subsecrion D shall not apply to so-called "panid' alanns which signify any kind of emergency. The purpose of this Section 3907 is, in part, to assure that assessments shall apply to any person whose security alarm system results in at least four (4} false security alanns within any consecutive three hundred sixty-five (365) da,y period. Any false security alarm within any three hundred sixty-five (365) day period shall be counted as part of the calculation of cost assessments set forth herein. Accordingly, a person cannot be cleared of all false security alarms in this detemunation, unless that person's security alarm system does not register any false security alarms for at least three hundred sixty-five days (365) consecutive days. 3908. PUBLIC NUISANCE / DEACTNATION ORDER Any security alarm system that registers seven (7) false security alarms in any consecutive three hundred sixty-five (365) day period is deemed to constitute a public nuisance and shall be subject to an order to deactivate said alarm system, subject to reinstatement as set forth in Section 3908. L The order to deactivate shall be made by the City's Business License Officer by written notice to the security alann user. It shall require deactivation (removal) of the security alarm system so as to place it in a non-response mode. Within three (3} business days of the date of the Notice, the person subject to the order may request review of the decision. This request 9 must be submitted to the City's Business License Officer in writing and may include written materials and communicarions in support of the request for review. Upon receipt of the request, the Business License Officer sha11 schedule a meeting with the appellant to review the order. The failure of appellant to appear at the meeting shall constitute a waiver of any right to appear. Within two (2) business days of the date of the meeting or failure to appear, the Business License Officer shall render a final decision (Norice) in writing. Deactivation, if applicable, shall be effective as of the date set forth in the final decision of the Business License Officer. 3908.1. REINSTATEMENT. Upon providing proof satisfactory to the Business License Officer, in his/her reasonable discretion, that justifies renewed use of a security alarm system, the system may be reacrivated subject to the following conditions: A. Payment of a reactivation fee in the amount of Thirty-five Dollazs ($35.00) or as otherwise established by resolution of the City Council from time to tune. B. Inspection of the security alann system and premises to be protected by the Police Department. C. Any other condirions deemed necessary by the Chief of Police. 10 3909. PENALTIESBNFORCEMENT. Any person who violates any provision of this Chapter, including without limitation, noncompliance with the Business License Officer's Final Deactivarion Notice, shall be guilty of a misdemeanor. The conviction or punishment of any person for violatiox~ of the provisions of this Cfiapter or for failing to deactivate as required by this Chapter shall not relieve such person from paying any fee or cost assessment due and unpaid at the time of such conviction, nor shall the payment of any cost assessment prevent criminal prosecution for the violarion of any of the provisions of this Chapter. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any fee or charge shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for recovery of the amount of any clelinquent fees or cost assessments. All fees and cost assessments shall be deemed delinquent if the City does not receive them within ten (10) calendar days after they are due and payable. A person shall be guilty of a separate offense for each and every day during any portion of which any violatiori of any provision of this Chapter is committed, continued, or pemutted by such person. 11 3909.1 CONFIDENTIALI'fY. Subject to the California Public Records Act, information fiunished and secured pursuant to this Chapter shall be deemed confidential in character and shall not be subject to public inspection. ARTICLE III PUBLIC SAFETY CHAPTER 9.5 ALARM SYSTEMS - FIRE DEPARTMENT ALARM SYSTEMS 3950. FINDINGS AND PURPOSE. The City of Arcadia finds and determines that the regulation of fire alarm systems and the control of false fire alam~s are necessary to promote the health, welfaze and safety of the people. Many fire alarm systems currently in use either mechanically malfuncrion, or are not operated properly by their users, causing an increase in false fire alarm reports, thereby constituting a hazard and wasted time for fire personnel and the public in general. The City Council determines and finds that the high rate of "false fire alam~s" is extreme, and that the remedies set forth in this Ordinanc~, including without limitation cost assessments, are necessary to address and remedy this problem and its negative impact on the services of the City and the taxpayers of the commuiuty. 3951. DEFIrIITIONS. For the purpose of this Article, the following definitions will apply: A. "Fire alarm system" is a system of devices designed to detect the presence of fire within a structure or sixuctures and which when activated, emits a 12 sound or transmits a signal to indicate that an emergency exists, to which fue personnel are expected to respond. B. "Fire alarm business" shall mean any person, firm or corparation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring of a fire alarm system in or on any building, place, or premises. C. "Fire alarm agent" shall mean any person who is self-employed or employed by a fire alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alann system in or on any building, place, or premises. D. "Audible fire alarm device" is a device which is designed to activate upon a signal from a fire alarm panel of the detection of smoke or fire and which sounds an audible signal on the premises. E. "Fire alarm user" is any person using a fire alarm system at his/her residence or place of business. F. "Fa1se fire alarm" shall mean the activation of a fire alann system necessitating response by the Arcadia Fire Department where an emergency situarion for which the alarm system was designed or used does not exist. "False fire alaim" shall also include a fire alarm system activated as a result of servicing, testing, maintenance, adjustments, alterations or installations necessitating ~3 response by the Arcadia Fire Department where an emergency situation for which the alann system was designed or used does not exist, unless the Arcadia Fire Chief or his/her designee is formally notified in advance of the specific time of such servicing, testing, maintenance, adjustments, alterations or installations, as required pursuant to Section 3953.A. Fire alarms that are activated by a person or persons who have a reasonable belief under the particular circumstances that acrivarion was necessary shall not be deemed "false fire alarcns." Fire alarms that result from natural causes beyond the control of permitee are not deemed to be "false fire alarms." G. "Person" shall mean any individual, partnership, corporation or other entity. H. "Residential" means premises used as dwelling units, which includes without limitation, apartments and lodging houses. I. "Business" shall mean any premises used as nonresidential premises. 3952. FIRE ALARM SYSTEM STANDARDS. All fire alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards, which may hereafter, be established by resolution or ordinance of the City Council of the City of Arcadia. The City reserves the right to inspect all fire alarm systems subject to all applicable laws, including without limitation, Code of Civil Procedure Section 1822.50 et seq. (Inspection Warrants). 14 All new fire alann systems shall meet or exceed the minimum standards for fire alarm systems established by this Chapter and Article III, Chapter 1. 3953. FIRE ALARM SYSTEM REGULATIONS. A. Maintenance Norification. The fire alann user shall notify the fire alarm system monitoring starion of the Arcadia Fire Department prior to, and shall specify the time of, any service, test, repair, maintenance, alterarion or installarion of a fire alarm system which might produce a false fire alarm. Any fire alann activated where such prior notice has been given shall not constitute a false fire alarm. B. Repairs. When any false fire alann caused by a malfunction of a fire alann system has occurred, the fire alarm user shall promptly cause the fire alarm system to be repaired to eliminate the malfuncti~n. The fire alarm system shall be disconnected while repairs are being made. C. Direct Dial Telephone Devices. No person shall install any fire alarm system which directly dials any telephone number of the Arcadia Fire Department, unless authorized in writing by the Fire Chief. 3954. APPROVAL OF FIRE ALARM SYSTEMS/COMPLIANCE WITH STANDARDS. No person shall install any fire alazxn system without the prior approval or condirional approval of the Arcadia Fire Department to assure compliance with the Fire Alazm System Standards as established by the City. 15 3955. COMPLIANCE WITH REGULATIONS. Whenever it is determined that a fire alarm user has failed to meet any of the standards of this Chapter or related resolurions or regulations adopted by the City, the Arcadia Fire Department is authorized to direct in wriring that the user of that fire alarm system disconnect the system until it is made to comply with said requirements. Failure to comply with this direcrion shall consritute a misdemeanor. An approved Fire Watch may also be required by the Arcadia Fire Department during the time the fire alann system is disconnected. 3956. FALSE FIRE ALARM COST ASSESSMENT/GRACE PERIOD. Any person having a fire alann system which results in an Arcadia Fire Department response in which the alarm proves to be a false fire alarm, shall pay a cost assessment fee to the City of Arcadia as set as follows or as may be established by resolution of the City Council from time to time. The following assessment schedule shall not apply to any false fire alarms that occur within thirty (30) calendar days of the initial completed installarion of a new fire alarm system. T'he assessment schedule sha11 also not apply to any false fire alarms that occur within a tenant improvement space within thirty (30) calendar days of its completed installation. A false fire alarm cost assessment and other penalties and remedies as applicable, shall be paid to the City, or due from the fire alann user, on the third 16 false fire alann received from any single fire alarm system serving one address or location, in accordance with the following schedule: A. The first and second false fire alann during the calendar yeaz - no cost assessment. B. For each of the third and all subsequent false fire alarms during the calendar year - cost assessment equivalent to one engine company at the established hourly rate (the full hourly rate shall also apply to any fraction of an hour) listed in the Fire Department Fee Schedule (Engine/Truck Company Standby) set fotth by resolution of the City Council from time to time. C. For each of the fifth and all subsequent false fire alarms during the calendar year - issuance by the Fire Depart~nent of violarion norices for corrective acrions for failure to maintain fire alarm systems, and issuance of administrative citarions. The purpose of this Section 3956 is, in part, to assure that assessments, and other penalties and remedies, shall apply to any person whose fire alarm system results in at least three (3) false fire alarnzs during the calendar yeaz period. Any false fire alarm during the calendar year period shall be counted as part of the calculation of cost assessments set forth herein. Accordingly, a person cannot be cleared of all false fire alarms until the beginning of the next calendar year. 17 3957. PENALTIES/ENFORCEMENT. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. The conviction or punishment of any person for violarion of the provisions of this Chapter shall not relieve such person from paying any fee or cost assessment due and unpaid at the time of such conviction, nor shall the payment of any cost assessment prevent criminal prosecution for the violation of any of the provisions of this Chapter. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter, The amount of any fee or charge shall be deemed a debt to the City, An action may be commenced in the name of the City in any court of competent jurisdiction for recovery of the amount of any delinquent fees or cost assessments, or any other remedy. All fees and cost assessments shall be deemed delinquent if the City does not receive them within ten (10) calendar days after they are due and payable. A person shall be guilty of a sepazate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by Such person. 3958. CONFIDENTIALITY. Subject to the California Public Records Act, information furnished and secured pursuant to this Chapter shall be deemed confidential in character and shall not ba subject to public inspection." ' ~g SECTION 3. The City Clerk sha11 certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 2na day of nuQUSt , 2005. /S/ ~iOHN ~!-U~ Mayor of the City of Arcadia ATTEST: lS/ JAI~~S He BARROWS City Clerk APPROVED AS TO FORM: t~~1'. ,<~`~it/I/B-~X, City Attorney 19 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2209 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of August, 2005 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Kovacic, Marshall and Wuo NOES: None ABSENT: Councilmember Segal ISI JAINES H~ R.~RR01NS City Clerk of the City of Arcadia 20 ~ 1 ~ ~ Iu~R~~~41 n.i.n ~. nm ~ / STAFF REPORT Public Works Services Department August 2, 2005 T0: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire r ~ Phil A. Wray, City Engineer/Engineering Service,s Administrator~~~ Prepared by: Maria P. Aquino, Management Analyst ~ SUBJECT: Water Supqlv Assessment (WSA) Amendment for Caruso Proiect Recommendation: City Council authorize the City Manager to approve an amendment to the Professional Services Agreement with Stetson Engineers Inc. in the amount of $5,050. SUMMARY Last February, the City of Arcadia entered into a Professional Services Agreement with Stetson Engineers Inc. in the amount of $14,950 to prepare the Water Supply Assessment (WSA) for a mixed-use project at the Santa Anita Race Track (SART). The WSA is required by Senate Bilis 610 (Costa) and 221 (Kuehl), which mandate that major proposed developments provide a detailed assessment of the ability of water supply sources to meet the proposed water demands for the next 20 years and a written verification of the availability of a sufficient water supply for the project. An additional $3,150 was incurred due to unexpected costs associated in the preparation of the water supply assessment i.e. additional research, data collection, data review and text preparation as a result of discussions with the developer's representatives. Stetson Engineer's Inc., at City staff's request, submitted a proposal of $1,900 for modification of the original WSA to include additional water uses that have been added to the project since the original submittal. The total amended cost for the added services is $5,050, bringing the total contract cost to $20,000. The developer will reimburse the $20,000 to the City as part of the development process. Staff recommends the approval of an amendment to the Professional Services Agreement with Stetson Engineer's Inc. in the amount of $5,050 for the additional work necessary to complete the Water Supply Assessment for the Mixed Use Project at the Santa Anita Race Track. Mayor and City Council August 2, 2005 Page 2 DISCUSSION The Water Supply Asseasment (WSA) is required by Senate Bills 610 and 221 for major proposed developments in a city or county to provide a detailed assessment to show that a sufficient water supply is available to meet new water demands and written verification to substantiate the assessment. Last February, the City executed a contract in the amount of $14,950 for the WSA for the mixed-use project at the Santa Anita Race Track. Changes in the scope of work were made as a result of discussions with the developer's representatives. Stetson Engineers inc., as requested, completed additional research, data_ collection, and data review and text preparation at an additional cost of $3,150: Stetson, Engineer's Inc., at staff's request, also submitted `a $1,900 proposal for modification of the original WSA to include additional water uses that have been added to the project since the original submittal. This work entails the revision of the WSA to describe additional water uses, such as a water feature (a 3.5 acre lake), landscaping, incorporation of new.water demands from other additional uses and re-evaluation of the available water supply to meet the revised water demand for the project. The total amended cost for these additional services is $5,050, which will bring the total contract cost to $20,000: Staff recommendS the' approval of an amendment to the PSA with Stetson Engineer's Inc. in the amount' of $5,050 for additional work necessary to, complete the Water Supply Assessment for the Mixed Use Project at the Santa Anita Race Track. FISCAL IMPACT The City will be reimbursed for all costs associated with the p~eparation of the WSA from the developer. There will be no direct expense to the City`. RECOMMENDATION Authorize the City Manager to approve an ameridment to the Professional Services Agreement with Stetson Engineers Inc. in fhe amount of $5,050 for the WaterSupply Assessment (WSA) for the Caruso Project. ' Approved by: ' l~`~".-----`"°'~ William R. Kelly, City Manager PAW:MA:dw `; ' . ~ ~. o ~°R~~T~9~~~°° STAFF REPORT Development Services Department DATE: August 2, 2005 TO: . Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ Philip A. Wray, City Engineer~ Prepared By: Tim Kelleher, Senior Engineenng Assistant ~. SUBJECT: Adoot Resolution No._6468 dedicatinq Lot 3 of Parcel Map No. 25852 for road qurposes allowinq access to Lot 2 of Parcel Map 60059 from Winnie Wav and accept the dedication as set forth in Parcel Map No. 60059 at 1630 South Santa Anita Avenue Recommendation: Adopt and Accept SUMMARY The Planning Commission approved tentative Parcel Map No. 60059 on August 12, 2003. The subdivision involves subdividing two lots into three lots at 1630 South Santa Anita Avenue and 20 East Camino Real. The developer would like to have the final map approved; however, this will require two separate and distinct actions by the City Council. There is a required dedication from the developer.to the City for which staff is recommending the City Council accept as set forth on the Parcel Map No. 60059. Also staff is recommending that the City Council adopt Resolution No. 6468, which will grant access to Winnie Way from the subject develQpment. Currently, the City owns a strip lot in "fee simple", and legally denies access to the developer of PM 60059 to Winnie Way. This action would change the title for the strip lot to "street purposes" thus granting ingress and egress to Lot 2 of Parcel Map No. 60059. BACKGROUND In 1999, Spring Hill Investments subdivided a single-family residential lot into two lots at 28 East Camino Real. The 28 East Camino Real property extended back to Winnie Way; however, Winnie Way terminated at 28 East Camirio Real's easterly property line. Spring Hill Investments was conditioned to construct a cul-de-sac turnaround on their property. The cul-de-sac was constructed; however, due to geometrical constraints not all of the 12-foot parkway was dedicated. Staff Report Dedication of Parcel Map No: 60059 and Resolution No. 6468 August 2, 2005 Page 2 The Winnie Way extension was a cul-de-sac turnaround, which included not only the standard street improvements, but also sewer extension, water main, and substantial dedication of property: As a result of the Winnie Way extension, two abutting properties at 1702 and 1630 South Santa Anita Avenue gained access to Winnie Way. This access benefited the two properties by providing a second access for potential subdivisions. The original sub divider built the street and incurred all the costs, which greatly benefited the two abutting properties. . , In 1954, City Council adopted a resolution establishing a method of using a strip of land as a barrier between new street improvements and potentially benefiting lots. The strip of land was dedicated to the City in "fee simpie" and the City would then dedicate the strip of land for "street purposes" at such time the benefiting lot paid a fair share of the cost to construct the street improvements to the original builder: ~ Spring Hill Investments dedicated Lot 3 of Parcel Map No. 25582 to the City in "fee simple" in 1999. Lot 3 was a one-foot tivide lot along the southerly and westerly boundaries of the Winnie Way extension abutting 1702 and 1630 South Santa Anita Avenue. In 2002, the City dedicated the southeriy portion of Lot 3 for "street purposes" after- a developer at 1702 South Santa Anita paid an equitable share to Spring Hill Investments for the Winnie Way extension. At this time, a developer at 1630 is, requesting that the City dedicate the remaining westerly portion of Lot 3 so that he may finalize his tentative parcel map. DISCUSSION On August 12, 2003, the Pianning Commission approved the Tentative Parcel Map application No. 03-016 (Parcel Map No. 60059) to subdivide a single-family residential fot into two lots at 1630 South Santa Anita Avenue. A Condition of Approval for this subdivision was that the developer dedicate a 45-foot radius cut-off for street purposes to maintain a 12-foot parkway on the Winnie Way extension. The subject dedication will complete the missing piece of the 12-foot parkway width around the cul-de-sac. Without access to Winnie Way, the developer's parcel map (PM 60059) will not receive final approval because one of its lots will be land-locked. The developer has submitted proof to staff that he has paid the original builder, Spring Hill Investments, a fair share for the Winnie Way extension. In accordance with sections 66463(b) and 66477(a) of the State Subdivision Map Act, the City Council must accept or reject any offer to dedicate. The required dedication is shown on the final Parcel Map No. 60059 (copy attached). Staff Report Dedication of Parcel Map No. 60059 and Resolution No. 6468 August 2, 2005 Page 3 Staff also requests the City Council adopt Resolution No. 6468, which will give ingress/egress to the Winnie Way extension to the developer at 1630 South Santa Anita Avenue. Currently, the City owns in "fee simple" a portion of Lot 3 of Parcel Map No. 25582, which essentially denies the developer of 1630 access to the Winnie Way extension. Resolution No. 6468 will change the underlying titie from "Fee simple" to "road purposes" thus opening the way for this subdivision to proceed. FISCAL IMPACT There is no fiscal impact incurred by the City. That the City Council adopts Resolution No. 6468 dedicating Lot 3 of Parcel Map No. 25852 for road purposes allowing access to Lot 2 of PM 60059 from Winnie Way, and that the City Council accept the dedication as set forth in Parcel Map No. 60059 at 1630 South Santa Anita Avenue. Approved By: ~ William R. Kelly, City Manager DP:PAW:TOK:pa RESOLUTION NO. 6468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING CERTAIN PROPERTY ON WINNIE WAY FOR STREET PURPOSES (A PORTION OF LOT 3 OF PARCEL MAP 25582) WHEREAS, the hereinafter described property was conveyed to the City in fee simple at the time Parcel Map 25582 was recorded for the purpose of preventing access to adjacent propertiea until such time as a prorated cost of constructing Winnie Way extension was paid to the subdivider responsible for extending Winnie Way; and WHEREAS, the subdivider of Parcel Map 60059 is adjacent to and requires access from said Winnie Way extension, and in order to finalize the requirements for said aubdiviaion has paid a prorated fair share to the subdivider of Parcel Map 25582 for constructing the Winnie Way extension; and WHEREAS, the City of Arcadia has determined that the subdivider reaponsible for extending Winnie Way has been compensated by the benefiting adjacent propertiea and thue will by this reaolution dedicate that certain described portion of Lot 3 for atreet purposes, thereby granting ingress/egress to said Winnie Way extension by Parcel Map 60059. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. That certain property located in the City of Arcadia, County of Los Angeles, State of California, deacribed as shown on attached Exhibit "A" is hereby dedicated for public street purposea. Section 2. The City Clerk ehall certify to the adoption of this Reso~ution. Passed, approved, and adopted this Znd day of Auguat 2005. ISl JOHN 1NU0 Mayor of the City of Arcadia ATTEST: 1Sl ~AMES Ho ~~RROtMS City Clerk APPROVED AS TO~ FOR~M: ~~~ l'. lc~t/vtro~t,~~ Stephen P. Deitsch, City Attorney 2 STATE OE 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. 6468 was passed and adopted by the Gity Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of August, 2005 and that said Resolurion was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall and Wuo NOES: None ABSENT: Councilmember Segal ISI ~AMES H. ~AR!RO~S City Clerk of the City of Arcadia 3 : r EXHIBIT A THE WESTERLY 1.00 FOOT OF THE SOUTHERLY 58.60 FEET OF PARCEL 3 OF PARCEL MAP N0. 25582, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 302 PAGES 96 TO 98, OF PARCEL MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY. ~y~2 ALFRED J. ' ~i U TNEIWEII ~ * EXP.9-30-~8 * ry0.6999 ~' CL ~9r~ Of C P~~~~ ..~._--~;, ~-;._.--- N89°59'25"W 1.00' LEGEND AREA ABANDONED TO THE PUBLIC AS STREET ~ OF WINNIE WAY EXHIBIT B ~ ~ N I'(') ~ 0 ~~'~~ w ~ / ~~ o 0 LOT 5 TRACT !~ o N0. 12572, :° o o z M.B. `° ,°o od `° 260=23-24 0 `~' ° ~ z 1.00' ~--- 2 9 4. 9 6' N89°59'25"W L=93.31' SCALE 1 "=20' 4~.> /~. \~~,. WINNIE WAY PARCEL 3, P.M. N0. 25582, P.M.B. 302-96-98 ~~~p ~.,~.~ SG~~ ~~ ALFRED J. ~F,~, ~ THELWELL ~ ~ * ` EX? 9-30-05 ~ * N~ NO 6999 Q.` \9rF' ..~`~\H ~ ~ ~J . J~CO$A~B~Tn~'''o' STAFF REPORT DATE: August 2, 2005 Office of the City Manager TO: Mayor and City Council FROM: William R. Kelly, City Manager ~ By: Linda Garcia, Communications, Marketing and Special Projects Manager SUBJECT: Cable telecast of CiN Council meetincas Recommendation: Authorize the retention of Studio Spectrum, Inc., in an amount not to exceed $25,000.00, to film, program and provide other ancillary services related to the live broadcast of City Council meetings during fiscal year 2005-2006 SUMMARY Since the City of Arcadia began filming and televising City Council meetings we have used the firm of Studio Spectrum, Inc. for these services due to their experience with and knowledge of our system, as well as their competitive fee. This staff report requests City Council approval to continue using Studio Spectrum in fiscal year 2005- 2006 to produce a live broadcast of City Council meetings. DISCUSSION Studio Spectrum, Inc. designed and installed the City's original audiovisual system in the Council Chambers as well as the various upgrades that have been made over the years. They have conducted all of the maintenance and service for the video equipment and have also filmed City Council meetings since we first began providing this service. Their work, both in terms of product knowledge and application, as well as their performance with regard to the live broadcast, has been excellent. They are familiar with the City's needs and expectations and have been very responsive to issues and concems staff has brought to them. Additionally, Studio Spectrum is able to meet the City's insurance requirements. For fiscal year 2005-2006, the fee to broadcast live City Council meetings held in the Council Chambers remains the same as the last two years -$750.00 per meeting or $18,000.00 annually: For this fee, Studio Spectrum provides a two-person crew for up to five hours to perform the following services: . Arrive two hours prior to the meeting to check the equipment and perform any necessary control room maintenance. (In the past, this two-hour period has not been considered part of the above referenced "five hours" and Studio Spectrum has agreed to continue with this policy.) Mayor and City Council August 2, 2005 Page 2 • Maintain equipment service records and coordinate required manufacturer service. . Create graphics for display before, during and after the meeting. • Prepare the City Clerk's area for audio and video recording. . Provide support to staff with regard to any additional audio or video needs they,may have for presentations. • Control the lighting during City Council meetings. • Provide a live broadcast of the City Council meeting and additional videotape copies of the meeting for the Library and City Clerk. • Program meetings for future broadcast. •~Provide on-call technical support (at a separate cost). Because there are a limited number of companies that have the amount of experience Studio Spectrum does in providing this type of service to local government, as well as the fact that their record with Arcadia is quite good, staff is recommending that we continue to use Studio Spectrum to film City Council meetings in the coming year. They produce a quality product, are of considerable value to the City in terms of our cable equipmenUsystem, and they endeavor to keep the cost as low as possible. FISCAL IMPACT At $750.00 per meeting the annual cost to film City Council meetings is $18,000.00. On occasion, there are meetings that go extraordinarily long,resulting in additional cost. The remaining $7,000 is to pay for extended City Council meetings, any maintenance or service that needs to be done to the cameras, microphones, lights, computers and playback decks, as weil as supplies such as videotapes and batteries. Only the services and materiais necessary will be purchased. If the money is not used it will go back to the General Fund at the end of the fiscal year. Sufficient funds are included in the fiscal year 2005-2006 operating budget. RECOMMENDATION Staff recommends that the City Council authorize the retention of Studio Spectrum, Inc., in an amount not to ezceed $25,000.00, to film, program and provide other ancillary services related to the live broadcast of City Council meetings during fiscal year 2005-2006.