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HomeMy WebLinkAboutOctober 4, 2005P` ~ ~~~"""^~~. MEETING AGENDA ~~~ s Arcadia City Council/Redevelopment Agency ~. °Om.,,,,e~~°'°` TUESDAY, OCTOBER 4, 2005 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 o~ce of the City Clerk and the reference desk at the Arcadia Public Library and are availa6le 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 wfth 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. 7:00 p.m. in the Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ~ ROLL CALL SUPPLEMENTAL INPORMATION FROM STAFF REGARDING AGENDA IfEMS REPORT FROM STUDY AND/OR CLOSED SESSIONS (AS NECESSARY) MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL PRESENTATIONS a. Presentatlon of Proclamation to the Arcadia Host Lion's Club in honor of White Cane Days. b. Presentation of Proclamadon designating October as Fire Prevention Month. c. Presentation of Proclamation to.Soroptimist for Breast Cancer Awareness and End Domestic Violence Manth. AUDIENCE PARTICIPA7ION -(5 minutes per person) REPORTS FROM ELECTED OFFICIALS 1. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the September 20. 2D05 Reaular Meetinq Remmmendation: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the Seotember 20. Z005 Regular Meetina Recommendation: Approve c. Award a one lll vear [ontract eMension to Varaas Olson Entemrises for construction services at various City faliclities in the amount of 574.890. Recommendation: Approve d. Award a one li) vear mntract extension to CLS Landscaoe Management Inc for landscaoe maintenance services at Citv facilities in the "amountbf ~491.437. Recommendation: Approve , ~ . e. . Award a contract to DenBoer Engineerina and Construction for the construction of the new Orange Grove Booster Pumo Station-in the amount of 53.211.675.90 and aoorooriate ~661~.700 from the Water Fund. .Remmmendation: Approve ~ ~ f. Purchase one (1) 2006 diesel powered 4-door crew cab oick-un truck for the Police Deoartment in the amount of 432 O50 75 from Pasadena Ford. ~ Recommendation: Approve g. _, Award a one (11 year Professional Services Aareement ex[ension to 7oe A. Gonsalves & Son for State I~islative advocacv services in the ~amount of g36 000 beyinning October 2005. . ~ Recommendation: Approve h. Acceot all work oerformed bv Alliance Streetworks. Inc.. for the Rehabilitation of W/B Huntinoton Drive and Colorado Place Pro'ect as com lete and authorize the final a ment to be made in accordance with the contract documents. ~ ~ Recommendation: Approve ' - i. Resolution No 6487 establishina comoensation and related benefits for employees represented by the Arcadia Public Works Emolovees Association (APWEAI for Julv 1. 2005 throuah June 30 2007. Rewmmendation: Adopt j. Resolution No 6488 establishina comoensation and related benefits for employees represented 6v the Arcadia Citv Emolovees Association (ACEA) for July 1. 2005 through June 30. 2007. Recommendation: Adopt ~ ~ - ~ AD]OURNMENT The City Council will adjourn this meeting to October 18, 2005, 6:00 p.m, in the Council Chamber. ~~"`°°"ti ANNOTATEDAGENDA ~~~ Arcadia City Council/Redevelopment Agency ~ k ..^^^.":. '°m~,,, .~a°°~ TUESDAY, OCTOBER 4, 2005 ~ MOTION TO READ ALL ORDINANCES/RESOLU7IONS BY TiTLE ONLY AND WAIVE READING IN FULL - APPROVED 5-0 1. CONSENTCALENDAR-ARCADIA REDEVELOPMENTAGENCY a. Minutes of the September 20. 2005 Reaular Meetina. APPROVED . Recommendation: Approve 5 - 0 WNSENTCALENDAR-CITYCOUNCIL ~ ~ b. Minutes of the Seotember 20, 2005 ReaularMeetina ~ ~ - APPROVED ~ Recommendation: Approve . 5 - 0 . c. Award a one (il vear contrzct extension to Varaas Olson Enterprises for construdion services at various - ~ CiN facilities in the amount of 574.890. ~ ~ ~~ APPROVED . ~ ' ~ ~ Recommendation: Approve ~ ~ ~ ~ ~ 5 - 0 . .~ ~~ dr Award a one (11 vear contract extension to CLS Landscaoe Manaaement Inc ..for landscaoe maintenance APPROVED . 5ervices at Ciri facilities in the amount of 8991.437. ~ ~ ~ ~ ~ ~ 4- 0 ~ ~ Remmmendation: Approve ~ ~ - ~KOVacic ~~ e. Award a mntract to DenBoer-En~~g and Construction for the construction of the new Oranae Grove ~ Boosrer Pumo Station in the amount of 53.211.675 90 and aoorooriate ~661J00 from the Water Fund . APPROVED~ ~ Recommendation: Aoorove - ~ ~ ~ 5 - 0 f. Purchase one (1) 2006 diesel oowered 4-doorcrew ~ab oitk-uo truck for the Police Deoartment in the ~~ amount of 532.050 75 from Pasadena Ford - ~ ~ ~ APPROVED ~~ . Recommendation: Approve 5 - 0 ~ ~ g. Award a one (1) vear Professional Services Agreement extension to ]oe A Gonsalves & Son for State , ' ~ I~,gi5lative advocacv services in the amount of $36 000 beginning October 2005 APPRO4ED ~ ~ Recommendation: Approve , 5 --0 ~ h. Atceot all work oerformed hy Allian[e Streetworks. Inc., for the Rehabilitation of W/B Huntington Drive and Colorado Glare Proiect as comolete and authorize the fnal oavment to 6e made in attordance with ffie •sontractdxumentr. ~ ~ ~ APPROVED Recommendation: Approve 5 - 0 i. ~on No 6987 esWblishing romoensation and related benefts for~emplyyees reoresented by the . ~ ~ . Arcadia Public Works Emolovees Association (APWEA) for ]ulv 1 2005 throuah ]une 30. 2007 ~ ~ APPROVED . Recommendation: Adopt , 5 - 0 j. . Resolution No. 6488 establishino comcensation and related benefits for empl9ygg~r.~presented bv the - Arcadia CiN Emplgyees Association (ACEAI for Julv 1 2005 throuah ]une30. 2007 ~ APPROYED . . ~ . Recommendation: Adopt ~ ~ 5 - 0 47:0092 ~"'"°°"+ MINUTES ~ ~ ~ Arcadia City Council/Redevelopment Agency ~ :. ~ . c°mo.~, o,~•~~ TUESDAY, OCTOBER 4, 2005 ~ . ~ 7:00 p.m. in the Council.Chamber - ~ INVOCATION ~ Reverend Thomas Shriver, Arcadia Police Department Chaplain ~ - PLEDGE OF ALLEGIANCE Floretta Lauber, former City of Arcadia Mayor ~ ~ ~~ ROLL CALL ' PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ~~. ~ ~ ~ ABSENT: None ~ SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - ~ ~. ~ , ~ None. ~ ~ REPORTFROM~STUDY AND/OR CLOSED SESSIONS (AS.NECESSARl7 . ~ ~ ~ None. - ~ ~ . - ~ ~ MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING INfULL - ~ ~ ~~ .. A motion was made by Council Member Chandler, seconded by Council Member Marstiall, and carried without ~ . ~ objection to read all ordinances/resoWtions by title only and waive reading in full. ~ ~ ~PRESENTATIONS ~ . ~ ~ ~ a. ~ Presentation of ProGamation to the Arczdia Host Lion's Club in honor of White Cane Days. . ~. ~ - b. _ Presentation of Pro[lamation designating October as Fire Prevention Month. ~ ~~~ ~ ~ , c. Presentation of Proclamation to Soroptimist for Breast Cancer Awareness and End Domestic Violence . Month. . ~ ~ . ~ ~ AUDIENCE PARTICIPATION~- (5 minutes per person) ~ ~ ~ ' ~ ~ '~ ~ 'Russ Garside. President of the Arcadia Chamber of Commerce, appearetl to present the City CounciF with a plaque to . -. ' ~ the City staff for their assistance to the Chamber in thepreparation of handouts for the business community. -~ ~ ~ .. . ., "Adrian", a resident of Pomona, appeared to speak regarding the lighting of the hiand6all courts at Newcastle Park. ~ ~ ~ . .~ The City Manager noted that the City Council and Parks and Recreation Commission will be receiving a report jointly .~ ~~-~ ~ ~~ authored by the Police and Recreation Departments that will provide retommendations to ensure safety for those ~ ~ using the park for recreation purposes. - ~- : .~ - Monica Yeh, Arcadia Chinese Association, appeared to present two donations to the City of Arcadia, one for the .. , .~ Historial Museum and the second for a new Gty park sign. ~ ~ ' ~ ~~ ~ - ~ REPORTS FROM ELECTED OFPICIALS ~ ~ - ' ~ ~ MARSHALL Sent besf~wishes to Arcadia's ]ewish residents for a Happy New Year. ~~ ~ ~ :. ~ SEGAL ~~ Noted that today is Rosh Hashanah; the lewish New Year, and sent best wishes to those in the community who were ~- ~ ~ . . ~ celebrating this evening. . ' ~~~~ CHANDLER Made a report regarding recent residential burglaries that have occurred within the City of Arcadia and commended - ~ the residents who had reported this suspicious ac[ivity to the Police~ Department. ' ~ ~ j ~ . . 10-04-Ofr ~" ~ ~ ~ ' . . . ~ , . ~ ~ . A7:0093 . . . . -~ ~ KOVACIC Thanked the Arcadia Chinese Association for their donations; noted that he met with the new PFincipal of Arcadia High ~. ~ ,. ~ ~ . ~. . School; sent best wishes to the ]ewish and Muslirci members of the community~ who were~respectively celebFating- ~ ~ religious holidays. ~ _ ' ~ ~ . - - ~~ WUO ~~ ~ - . Sent best wishes to the members of the ]ewish and Muslim communities who are celebrating:religious holidays; noted' ~ .' ~ . ~ that he attended the Arcadia Water Festival and recently toured a major water distribution facility. ~ - ~ ~ ~~ . 1. ~ . CONSENT CALEN~AR - ARCADIA REDEVELOPMENT AGENCY ~ ~ ~ ~ ~~ `. ~ a. Minutes of ttie Seotember 20. 2005 Regular Meetina. ~ ~. ~ ~~ ~ ~ . ~ - Recommendation: Approve ~ ~ , - ~ . ~ .. ~ - ~ - ~ ~ CONSENT CALENDAR - CITY COUNCIL ~ ~ . , ~ . ~ b. - Minutes of the Seotember 20. 2005 Reaular Meetina. ~ ' -' ~ . Recommendation: Approve - ' ~ . ~ . ~ - ~~ ~ . . c. Award a one !i) vear contract extensioo- to Varaas Olson Entemrises for~construction services at various ~ ~ ~ . . . ~ ~ ~~ . C~ facilities in the amount~of 874.890. ~ ~ _ ~ . ~~ ~ - . Recommendation: Approve . . ~~. ~ ~ ~ ~ ~ ~ ~ . ~ Coundl. Member Kovacic noted that he would abstain from voting on.item 1. d. on the ConsenLCalendar as CLS, , . . --- ~ ~ landscape Management, Inc.~is a clientbf his employeY. -[tem l.d. was mnsidered separately from the other items ~~ ~ ~ - . ' - ~ ~~ on.the Consent Calendars. ~ - . ` . - . ` . d. , Award a one ~l]_year contratt extension~ to.CLS landscaoe Manaaement Inc.: for landscape maintenanc~ ~ . . ~ ~ services at Citv facilities in the amount of 8491.437. . .. - .. - ~ ~ ~ ~ ~ . ~ Recommendation: Approve ~ ~ ~ . . _~ ~ ~ ' - ~ ~Mation A motion was made by Agency/Council Member Chandler, sewnded by Agency/COUncil Member Marshall, to approve - ~ ~ . item 1. d..on the Consent Calendar. ~ , ~~ ~ Roll Call Ayes Louncil/Agency Member Chandler, Marshall, Segal, and Wuo .~ ' - ~ ' . ~ . Noes: ~ None ~ . ~~ ~ ~ ~ ~ . ~ ", . . Abstain: Council Member Kovacic ~, ~ _ ~ . ; - : . ~ ~ . e. Award a contract to DenBoer Enoineerina and Construction for the [onstruction of the new Oranae Grove ' ~. -~~ ~~- Booster Pumo Station in the amount of $3.211.675.90 and aooropriate S661J00 from the Water Fund. - . , - ~ ~ ~ ~ Recommendation: Approve ' ~ ~ _ - ~ ~ . f. . Purchase.one (11 2006 diesel oowered 4-door crew cati oick-uo truck for the Police Deoartrnent in the ~ ~ ~. . - ~ ~~ ~ amount of 532,050 75 from Pasadena Ford. ' ~ ~ ~ - . . ' ~. ' Recommendation: Approve ~ . ' - g. Award a one (A vear Professional Services Aqreement eutension to Joe A Gonsalves & Son fo~ State ~ ~~ ~.. ~ ~ leoislative advocacv services in the amount of S36 000 beginning October 2005. ~~ : ~ ~ ~ ~ .' ~ ~ . ~ . Recommendation: Approve . ~ ~ . ~.. . ~ ~ - b. ~ Acceot all work oerformed by Alliance Streetworks Inc for the Rehabilitation of W/8 Huntinaton Drive and ~ : . ~ ~ 'COlorado Place Proiect as mmolete and authorize the fnal ~avment t6 be made in accordance with the ~ . . ~ ~ ~ mntract documents. ~ ~ . ~ ' - ~ - ~ ~ Recommendation: Approve ~ ` . . - - .~ ~~ ~ ~ ~ i. Resolution No. 6487 establishina comoensation and related beneftr for emolovees reoresented bv the ', ~ . . ~ ~ Arcadia Public Works Emolovees Associadon~(APWEAI for ]ulv 1, 2005'through )une 30. 2007. ~ - ~ . ~ _ . . ~ . ~ ~ Recommendation: Adopt . ~ ~ ~ . ~ "- ~ j. ResoluEion No 6488 establishina comoensation and related benefits for emolovees reoresented bvkhe ~ , ~ . Arcadia CiN Emolovees Association (ACEA) for ]uly 1~ 2005 throvah June 30 2007 . ~ . ~ . ' , Recommendation: Adopt ~ ~ ~ ~ - ~ - - Z 10-04-OS ~ ' ~ ~ ~ . , ~ . . . ~ 47:0094 '. ~.~ Motian ~ A moGon was made by Agency/Council Member Chandler, seconded by Agency/Council Member Marshall, to approve -~ .~ I[ems 1 a. - c. and~ 1. e. - j. on the Conserit Calendars. Item S.d. was considered as a separate item. ~ ~,.'~~ ,~ Roll Call ~. Ayes:~ Council/Agency Member Chandler, Marshall, Kovacic, Segal, and Wuo ~ . ,. . . ~ ~ ' Noes: None . . ~ . ~ ~ ~ AD70URNMENT~ - ~ - - . ~~~~ '~ '. -The City Council adjoumed at 7:42 p.m. to their Regular Meeting on October S8, 2005, 6:OD p.m. in the Ciry Council ~ ~ Chamber Conference Room. ~ ~ '. . . - ~ . ~ : ' ]ames H. Barrows, City Clerk - Vc~a,~i~~, ~,: ' . ~ . ~ ~ ~ ~ ~ ~ Vida Tolman ~ ~ . . . . . ~ ~ . . Chief Deputy City Clerk/Records Manager 3 ~~~ 10-04-05 /~ - - : r ~..w•..sr ~ . . . ~ n.m~ s, nm . - °°@~°at~y~f4~s°" STAFF REPORT , Public Works Services Department October 4, 2005. TO: Mayor and City Council ,~-" FROM: Pat Malloy, Public Works Services Director ,. Prepared by: Gary F. Lewis, General Services anag r Dave McVey, General ServicesSuperintendent SUBJECT: Construction Services Contract Recommendation: Award a one (1) year contract ex4ension in fhe amount of $74,890;00 to Vargas Olson,Enterprises for construction services maintenance at various Ci4y facilities SUMMARY On September 16,,, 2003. the City Council approved a one, (1) year Agreement with optional contract extensions to Vargas Olson Enterprises Inc. for construction services maintenance at yarious City facilities. Vargas Olson is reaching the end of their first contract extension,and has submitted a written offer to extend the existing contract for an additional one'(1) year in accordance with the existing agreement. The contractor's offer of extension does not reflect a change in price and all other conditions of the Agreement are to remain in effect. Based on the excellent service provided by Vargas Olson Enterprises during the last two fiscal years, staff recommends that the Gity Council award a one-year contract extension` in the amount $74,890.00 to Vargas Olson for the Construction Services Maintenance Contract at various City facilities. DISCUSSION The Public Works Seryices Department is responsible for the maintenance of all City facilities. Preventative maintenance programs have been implemented at all parks and building facilities. New construction; remodels and custom design projects are funded in the 2005-06 Capital Improvement Program and Operating Budgets. During the last year, ten (10) construction projects were completed, a private residence that was damaged from a sewer back up was restored and a$65,000 change order was issued for emergency repairs to the Wilderness Park Picnic Shelter. A similar level of miscellaneous construction projects and repairs is anticipated during this fiscal year. Also, the contract provides for any extraordinary services that pertain to ernergency response required. for any after hour water/sewer damage to public and private Mayor and City Council October 4, 2005 Page 2 structures. The contract outlines the costs associated with emergency restoration, repair, and new construction of damaged areas. Vargas Olson Enterprises has submitted a written offer to renew this contract in accordance with the existing,Agreement without a cost increase. All other conditions of the Agreement are to remain the same. Staff recommends that the City Council award a one (1) year contract extension in the amount of $74,890.00 for construction services maintenance at various City facilities. FISCAL IMPACT Sufficient funds have•been budgeted in the 2005-06 C.I.P. and Operating Budget for this contract. The total amount of this contract is $74,$90.00. 1. Award a one (1) year contract extension in the amount $74,890.00 to Vargas Olson for Construction Services Maintenance at various City facilities. 2. Authorize the City Manager and City Clerk to execute a contract • amendment in a form approved by the City Attorney. APPROVED: --=~==-' William R. Kelly, City Manager PM:GFL:DRM:dw . ... ~.wn.~.na _ . . . . weiv.. ~, vee ~ . °°0~~a«yot~~e°` _.: STAFF REPORT ~ PubliaWorks Services Department October 4, 2005 TO: Mayor and City Council ~ FROM: Pat Malloy; Public Works Seroices Director Prepared by: Gary F. Lewis, General Services~Man ger ` Clement L. Flores, Maintenance Co racts Officer Subject: Landscape Maintenance Services . Recommendation; Award a one-year contract extension• to CLS Landscape Management; lnc. for landscape maintenance°services at City facilities in the amount of $491`,437 SUMMARY On November 21, 2000, the City Council.awarded a one (1) year'Agreement with optional contract extensions to CLS Landscape Management, Inc. (CLS) for landscape maintenance services at City facilities. CLS is reaching the end of #heir fourth contract extension and has submitted a written offer to extend the existing contract for an additional one (1) year in accordance~with the existing agreement. _ The contractor's offer of e~ension does not reflect a change in price and all other conditions of the Agreement are to remain in effect. The total contract cost includes $25,000 for extraordinary maintenance work needed annually for unplanned repairs, accidents and weather related damage, and $22,000 for 210 freeway on & off ramp maintenance, which was approved by the City Council last year. Based on the excellent service provided by CLS during the previous years; staff recommends that the City Council award a one (1) year contract extension to GLS tandscape Management, Inc. for routine scheduled landscape maintenance services throughout the City and for 210 freeway on and off ramp maintenance in the amount of ' $491, 437. DISCUSSION The Public .Works Services Department is responsible for the maintenance of all City owned landscaped areas. These public properties typically include medians, parkways, ~ parks, water facilities, parking districts, and City owned facilities (e.g., Civic Center, Library, Community Center, etc). Mayor and City Council October 4, 2005 Page 2 On November 21, 2000, the City Council awarded the Landscape Maintenance Contract with optional annual extensions to,CLS Landscape Management; Ina (CLS) for routine, day-to-day, maintenance and care of all landscaped areas on City property. On October 5, 2004, the Council also approved the inclusion of the 210 freeway on and off ramp maintenance to their contract. Additionally, the contract provides for extraordinary maintenance on a time and material basis whenever landscape is damaged from a traffic accident, vandalism; storms, or for services not specified in the Agreement. These services may also include the replacement of old plant material, minor upgrades to irrigation systems, and other improvements that will enhance the look of the landscaping. Based on.past experience with this type of work, staff has concluded that approximately $25,000 is needed each year for extraoMinary maintenance. Extending,the existing Agreement will ensure a continued quality maintenance service of landscape maintenance at City facilities throughout the next year. Staff recommends that the City Council award a one (1) year contract extension in the amount of $491,437 to CLS Landscape Management, Inc. for Landscape Mainfenance services at City facilities and for the 210 freeway on and off ramp maintenance., FISCAL IMPACT $491,437 has been budgeted in the 2005-2006 Operating Budget for this contract. RECOMMENDATION 1. Awacd a one (1) year contract extension in the amount of $491,437 to CLS Landscape Management, Inc., for Landscape Maintenance Services at City Facilities: 2. Authorize the City Manager and City Clerk to execute a contract extension in a form approved by the City Attorney. Approved by: ~ }~ William°R: Kelly, City Manager PM:GL:MA:dw ' ~ • ~~-c s1 . /~ - ~ ~..m~+ua no~.. ~, ~ro3 °°m~vaity otN~~`' STAFF REPORT Public Works Services Department October 4, 2005 TO: _ Mayor and City Council FROM: Pat Malloy, Public Works Services Director~ ~+, Prepared by: Gary F. Lewis, General Services Manager ~ Ken Herman, Associate Civil Engineer - SUBilECT: Oranqe Grove Booster Station Construction Recommendation: Authorize the City Manager to enter into a contract with DenBoer Engineering, and Construction in the amount. of $3,21,1,675.90 to construct the new Orange Grove Booster Pump Station and appropriate $661,700 from the Water Fund SUMMARY ~ The Water Master Plan recommends the construction of a new booster pump station at the Orange Grove Plant (location map attached). Construction of the pump station is ~` included ire the 2004-2005 Capital Improvement Program. This facility serves as a ~ critical,link to the overall operation of the City's water system. Water is transportedfrom high producing southerly wells, to the Orange Grove reservoir system. The booster pump station then pumps water to pressure zones that serve the northem portion of the City. On September 6, 2005, sealed bids were opened for the Construction of the Orange Grove Booster Pump Station. Two (2) bids were received. Staff has reviewed the lowest bid, which was submitted by DenBoer Engineering and Construction, and has found the bid to be satisfactory. Staff recommends that the City Council award a construction contract in the amount of $3,211,675.90 to DenBoer Engineering and Construction for this project and appropriate $661,700 from the Water Fund to complete the project. The U.S. Environment Protection Agency (USEPA) has approved this project and will reimburse;up to 55% of the cost of the design and construction.of this project. A total of $2.2; million doilars is ayailable from the USEPA from the-2004, 2005 and 2006 fiederal` budgets for their Portion of the project costs. '~ ~~ ~ Mayor and City Council October 4, 2005 Page 2 DISCUSSION In 1997, on behalf of the City of Arcadia and the City of Sierra Madre, the U.S. Army Corps of Engineers completed a Seismic Reliability Study on the agencies' water infrastructure systems. One recommendation of this study was the replacement of the booster pump station at the Orange Grove facility to comply with current seismic design standards. The study recognized that the existing Orange Grove Booster Pumps, constructed in 1951, were inefficient and had outlived their life expectancy. The Army Corps of Engineers' study and the Water Master Plan recommend the construction of a new booster pump station that could fully utilize all of the facility's resenroir storage capacity. $3,000,000 was budgeted in the 2004-2005 Capital Improvement Program for the construction, inspection, material testing and contingencies of the Orange Grove Booster Pump Station. Construction was estimated at $2,550,000 and $450,000 for- inspection, material testing and contingencies based on 2004 dollars. Due to significant increases in the cost of construction materials (concrete, steel, and petroleum products) between the original construction estimate and today's bid, total project cost estimates exceed the construction budget. Therefore, staff requests that additional funds be appropriated in the amount of $661,700 to complete the construction portion of the project. Notices Inviting Bids fo~ this project were published in the adjudicated paper and trade journals. Ten (10) Class A engineering construction firms attended the mandatory pre- bid conference with two (2) firms submitting bids. As advertised, the City Clerk publicly opened the sealed bids on September 6, 2005 with the following results: RANK FIRM Price DenBoer Engineering and Construction $3,211,675.90 2 Margate Construction $3,299,359.63 Staff has reviewed the bid documents submitted by the lowest responsive bidder, DenBoer Engineering and Constructibn, for content and investigated the contractors' background and recent projects for competency. Staff has concluded that DenBoer Engineering and Construction is the lowest responsive bidder to perform this work. Staff Yecommends that the City Council award a contract in the amount of $3,211,675.90 to DenBoer Engineering and Construction for construction of the Orange Grove Booster Pump Station project and appropriate $661,700 to complete the work: ENVIRONMENTAL IMPACT: As required by the federal grants procedures, the environmental study was conducted during the fund application phase of this project and received categorical exemption on state as well as federal levels. ' ,; Mayor and City Council , October 4, 2005 Page 3 FISCAL IMPACT: $3,000,000 is budgeted in the 2004-2005 Capital Improvement' Program for the construction of the Orange Grove Booster Pump Station. The distribution of funds provides $2,550,000 towards construction and $450,000 towards inspection, material testing and contingencies. Due to significant increases in the cost of construction (concrete; steel, and petroleum products) the bids received for the project exceeded the construction budget. To complete this project, it will be necessary to appropriate and additional $661,700 from the Water Fund: The U.S. Environment Protection Agency (USEPA) has approved this project and will reimburse up to 55% of the cost of'the design and construction of this project. A total of $2.2 million dollars is available from the USEPA from the 2004, 2005 and 2006 federal , budgets for their portion of the project costs. RECOMMENDATIONS: 1. Appropriate $661,700 to the Project Budget from.the Water Fund 2. Award a contract in the amount of $3,211,675.90 to DenBoer Engineering and Construction for the construction of the Orange Grove Booster Pump Station. ` 3. Authorize the.,City Manager and City Clerk to execute a contract in a form approved by the City Attorney. , ~ ~ ~ Approved: `- ~~"" ~~ ~ William R. Kelly, City Manager PM:GFL:KH:dw Attachment - Location Map ORANGE GROVE BOOSTER STATION CONSTRUCTION ~ ~ ~ :; NORTH . •e. 4 ~ ~ ~ ` CITY OF ARCADIA SIER A a ; , . f 0 Y ~ ~. ROJE CT LOCATIQN co~ortwo sr , ~ .. . a" ' o~ B ~ ~ ~ ~r Y O y~ O ~O Y 111 R e ~ ~ y~ 'V{ ! . y ~ `•~' ~ ry~ •j ~ ~ ~ . \ .. . ~ z 3 • i ~ ' ^ ~. :' ~ ° ~ °. ~.~. ..o, ~~~C ~ . ; .a. ~ . ~_ . . ~c~ou x a . ~ < > < pD UA ~ REAL ~ ~ LONGDE AV ~ ~NE N . AV • ~ ~ D O~ i nrnTinni nnno ~..w a ws~m e; u°a~ ~ // STAFF REPORT Publia Works Services Department October 4, 2005 , TO: Mayor and City Counc,il - FROM: Pat Malloy, Public V1/orks Services Directo P~epared by: Gary F. Lewis, General Services MI nag ' Dave McVey, General Services Superintendent SUBJECT: Purchase one (1) 2006 Diesel-powered 4=Door Crew Cab Pick Uu Truck for the Police Department Recommendation: Approve the purchase of one (1) 2006 Ford pick up truck in the amount of $32,050.75,from Pasadena Ford SUMMARY Staff is recommending that the City Council award a purchase order contract for'one {1 } 2006 diesel-powered 4-door crew cab pick up truck in the amount` of $32,050.75 to Pasadena Ford. The new vehicle. will replace. one (1) vehicle used by the maintenance section of the Police-Department, which meets the City's vehicle replacement criteria due to the age of the vehicle. $35,000.00 has been budgeted for this acquisition in the 2005-06 Equipment Replacement Fund. The total cost for purchasing the truck is $32,050.75. The 2005-06 Equipment Replacement Fund provides for the replacement of one (1) Pick-up truck for the Police Department. This vehicle will replace a 1992 Chevrolet Pick- up truck, presently used as a facility maintenance transport vehicle and tow truck for auxiliary equipment. The 1992 Chevy Pick-up truck has been scheduled for replacement since it has exceeded its age criteria based on the City's vehicle replacement policy. The new 2~06 diesel-powered 4-door crew cab pick up truck will have the capabilities of towing various pieces of equipment and Police personnel into the field. Notices inviting bids were sent to six (6) dealerships and published in the adjudicated paper. As advertised, the City Clerk publicly opened the sealed bids on September 8, 2405 with the following results. Mayor and City Council October 4, 2005 Page 2 Bidder Location Amount Pasadena Ford Pasadena $32,050.75 Rotolo Chevrolet Fontana No Bid Staff recommends that the City Council award a purchase order contract to Pasadena Ford for one (1) 2006 diesel-powered 4-door crew cab Pick-up truck for the Police Department in the amount of $32,050.75. FISCAL IMPACT Funds in the amount of $35,000.00 heve been budgeted in the 2005-06 Equipment Replacement Fund for this acquisitio~. _ RECOMMENDATION 1. Approve the purchase`of one (1) 2006 diesel-powered 4-door crew cab pick up truck in the amount of $32,050.75 to Pasadena Ford. 2. Authorize the Purchasing o~cer to issue a Purchase Order for this ~ acquisition. APPROVED: '~- =•--'^~ William R. Kelly, City Manager PM:GFL:DRM:dw w7wS ~: ~n~ a ' ~ ~ ~ IJ 1 1 11 1 1\iJl V 1\ 1. ~ Office of the City Manager DATE: October 4, 2005 ~ TO: Mayor & City Council FROM: William R. Kelly, City Manager_ ~~~ ,~, Linda Garcia, Communicationsl~farke~ing & Special Projects Manager~' By: Yvonne Yeung, Management Aide ~2y . SUBJECT: Award a one (1) year Professional Services Agreement extension to Joe A. Gonsalves & Son for state legislative advocacy services in the amount of $36,000 beginning October 2005 ` Recommendation: Approve SUMMARY Each year, state legislation has an enormous impact on cities, often times in a direct and invasive way. For the past seven years, Arcadia has become more involved in the state legislative process by contracting with Joe A. Gonsalves & Son to provide ihe City with legislative advocacy services. Joe A. Gonsalves & Son is a Sacramento-based lobbying firm with representative's who track proposed legislation and contact legislators on issues important to the City of Arcadia. DISCUSSION In recent years, numerous pieces of state legislation have had a dramatic effect on cities across California, often times with severe fiscal implications. The successful passage of Proposition 1A by California voters last year will help end the practice of stafe take-aways of local funds needed to pay for local services, but we need to be constantly vigilant about state actions that can impact locai decision-making. Beginning in 1998, the City of Arcadia has contracted with Joe A. Gonsalves & Son to help us stay abreast of proposals in Sacramento that would impact local services. After the City analyzes proposed legislation, notice is sent to Joe A. Gonsalves & Son noting Arcadia's support or opposition of specific bilis. Representatives from the firm then make personal contact with legislafors and lobby those individuals to ensure thaYthe City's.position is communicated. Finaily, Joe A. Gonsalves & Son keeps tracking. each piece of legislation throughout the entire legislative process and continues in their lobbying efforts until the bill is either passed or defeated. Joe A. Gonsalves & Son October4,2005 Page 2 Throughout the years, Joe A. Gonsalves & Son has proven to be accessible, knowledgeable and extremely helpful in making important contacts with legislators, tracking the proposed legislation we request, and alerting the City the changes in legislation that may be ei4her beneficial or detrimental to local government. Additionally, the frm has provided guidance regarding potential grant opportunities. FISCAL IMPACT The annual cost to retain Joe A. Gonsalves & Son is $36,000.00. This amount reflects no increase over previous contracts, and the money is currently available in the adopted fiscal year 2005-2006 budget. RECOMMENDATION Authorize the City Manager to award a one (1) year Professional Services Agreement extension to Joe A. Gonsalves & Son for state legislative advocacy services in the amount of $36,000 beginning October 2005: AIiCAD \ / STAFF REPORT Development Services Department DATE: October 4, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Dire tor~ Philip A. Wray, City EngineedEngineering Services Administrator ~~~ Prepared by: Tim Kelleher, Senior Engrneering Assistant7~ C SUBJECT: Acceptance - Street Rehabilitation of Westbound Huntinqton Drive and Colorado Place Proiect Recommendation: Accept all work performed by Alliance Streetworks, Inc. for the construction of the Street Rehabilitation of Westbound Huntington , Drive and Colorado Place Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On April 5, 2005, the City Council awarded a contract to Alliance Streetworks, Inc. in the amount of $716,954.75 for street rehabilitation of westbound Huntington Drive and Colorado. Place. There were a total of two (2) change orders in the amount of $1,031.25. The terms and conditions of this project have been complied with and the required work has been pertormed to staff's satisfaction for a final cost of $717,986.00, Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. • BACKGROUND Roadway analysis conducted as part of the City's pavement maintenance system prioritized westbound Huntington Drive and Colorado Place to be rehabilitated. A budget for rehabilitation of the two streets was approved in the 2003-04 Capital Improvement Program. Staff prepared plans and specifications and opened bids on March 10, 2005. There were seven bidders with Alliance Streetworks, Inc. being the low bidder. On April 5, 2005, the City Council awarded the contract to Alliance Streetworks, Inc. in the amount of $716,954.75. Mayor and City Council Staff Report . October 4, 2005 Page 2 DISCUSSION The rehabilitation of westbound Huntington Drive and Colorado Place involved the typical items generally associated with rehabilitation projects of this nature. The Contract included items such as curb and gutter repair, handicap ramps at driveways and corners, replacement of structurally unsound pavement, asphalt paving and re-striping. In as much as this was a typical rehabilitation project, several items made it somewhat different. The asphalt paving used is a new innovativeproduct used:by Caltrans, which provides a smoother ride and lasts longer than conventional asphalt. Also, the project involved a considerable quantity of conduits and pull boxes for a future project linking major intersections to a centralized traffic management system at.City Hall. Work began on June 6, 2005 and was complete by August 12; 2005. The construction phase went relative smoothly considering it involved two major arterial streets. The contractor was successful meeting the specified standards relative to materials and workmanship. There were two change orders, both adjusting contract bid item final quantities for a total increase of $1,031.25: ' FISCAL IMPACT Funds in the amount of $850,000 were appropriated for this project. The original contract amount was $716,954.75. With added quantities, the final construction costs for this projecf is $717,986.00. Additional costs. were incurred for engineering, inspection, contract administration and materials testing in the amount of $86,238.67 bringing the total project cost to $804,224:67. Funds-are available to cover all costs. RECOMMENDATION That the Arcadia City Council accepts all work performed by Alliance Streetworks, Inc. for the Street Rehabilitation of Westbound Huntington Driv2 and Colorado Pface Improvements as complete and authorizes the final payment to be made in accordance with the contract documents. Approved: "'-" '~ William R. Kelly, City Manager DP:PAW:TOK:pa , \ / STAFF REPORT Administrative Services Deparhnent DATE: October 4, 2005 TO: Mayor and City Council FROM: Tracey L. Hause, Adminisfrative Services Direct~ Prepared by: Michael A. Casalou, Human Resources Administrator ~C~-- SUBJECT: Resolution No. 6487 establishinq comqensation and related benefits for Recommendation: SUMMARY Resolution No. 6487 establishes terms of employment .and compensation for Ciry employees represented by the Arcadia Public Works Employees Association (APWEA). Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning wages, benefits and working conditions with the APWEA. Staff is recommending the City Council adopt Resolution No. 6487, establishing compensation and benefits as outlined in the Memorandum of Understanding (MOU) effective July 1, 2005 through June 30, 2007. DtSCUSSION City staff and the labor negotiator representing the City have completed discussions with the negotiating committee of the APWEA. 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. The conditions of the agreement were approved by the APWEA on September 12, 2005. In April 2005, the City conducted a total compensation study that was completed by Johnson & Associates, LLC. As a result of the study, no classifications -within this ` bargaining unit received any salary schedule increases. Effective September A; 2005, the salary schedules of all employees in this bargaining group shall be improved by 3.1 %. Mayor and City Council October 4, 2005 Page 2 of 2 Effective July 1, 2005, employees in this unit may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. As represented in the MOU, the City and APWEA agree to re-open the contract and meet and confer with respect to the next compensation study on or about December 1, 2006. FISCAL IMPACT The total cost of this agreement is 3.1 %. Sufficient funds are available in the fiscal year 2005-06 budget to implement the salary and benefit changes detailed in the resolution. RECOMMENDATION Adopt Resolution No. 6487 of the City Council of the City of Arcadia, California establishing compensation and related benefits for employees represented by the Arcadia Public Works Employees Association for July 1, 2005 through June 30, 2007. APPROVED: `~^^'._..~ William R. Kelly, City Manager RESOLUTION N0. 6487 A RESOLUTION OF TI~ CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA PUBLIC WORKS EMPLOI'EES ASSOCIATION ("APWEA") FOR JULY 1, 2005 THItOUGH J(TNE 3Q 2007 THE CITY COLTNCIL OF THE CITY OF ARCADIA, CALIFORt~TIA DOES IiE~BY FIND, DETERMINE AND RESOLVE AS FOLLOW5: SECTION 1. The City Council hereby approves that certain Memorandum of Understanding ("14IOU") 6y and between the City of Arcadia and the Arcadia Public Worlcs Employees Association ("APWEA'~ dated effective as of July 1, 2005, a copy of wluch is attached hereto. The City Manager is hereby authorized and directed to execute this Memorandum of Understanding on behalf of the City. The salary and benefits for employees represented by APWEA shall be those set forth in the Memorandum of Understanding. SECTION 2. The City Clerk shall certify to the adoption of tlus Resolufion. Passed, app;oved and adopted this 4th' day of october , 2005. ISI JOHN VVU~ Mayor of the City of Arcadia ATTEST: /~l 'AMES H. ~RRO~US City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~'~l£n,. ~' '~1'~L~ City Attomey STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the Ciry of Arcadia, hereby certifies that the foregoing Resolution No. 6487 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested io by the City Clerk at a regular meeting of said Council held on the 4th day of October, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Membar Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None /S/ JAMES H. B~RROWS City Clerlc of the City of Arcadia 2 CITY OF ARCADIA AND ARCADIA PUBLIC WORKS EMPLOYEES ASSOCIATION (PUBLIC WORKS EMPLOYEE UNIT) AZ,IF O~1 G . ~~ 9 Incorporeted August 5, 1903 ~~ o~~unity of ~~~ MEMORANDUM OF UNDERSTANDING JULY 1, 2005 THROUGH JUNE 30, 2007 TABLE OF CONTENTS Paqe Preamble 1 Article I Parties and Recognition 2 Appropriate Unit 2 Mutual Recommendation 2 Authorized Agents 2-3 Article II Term 4 Savings Clause 4 Article III Association Rights 5-8 • Agency Shop 5 • Right To Join 7 . Use of Bulletin Boards 7 . Payrolf Deduction 7 . Access to Facilities 7-8 . Association Stewards 8 . Reasonable Notice 8 Article !V Management Rights 9 Articie V Compensation 10 . Promotion or Advancement 10 Article VI Overtime (FLSA) 11 Article Vil Stability Pay 12 Article V~II Tuition Reimbursement 13 Article IX Mileage Reimbursement 14 Artic(e X Health, Dental and Life Insurance 15-16 • Retired Health Insurance 16 Article XI Disabiliry Income Insurance 17 Article XII Medical F~caminations 18 TABLE OF CONTENTS Pape Article XIII Uniforms 19 Article X1V > Leaves 20 25 • Provided For 20 • Power to Grant Leave 2Q • Temporary Military Leave 21 . Vacation Leave 22 • Sick Leave 23-24 • Workers' Compensation 24 . Holidays 24-25 . Bereavement Leave 25 . Witness Leave 25 • Unauthorized Absence 25 Article XV Probationary Period 26 Article XVI Acting Pay 27 Article XVII Lay Offs 2a . Layoff Procedure 28 • Reemployment List 2$ . Severance Pay 28 Article XVIII Personnel Files 29 Article XIX Employee G[ievances 30-37 . Definitions 30-31 . Timeliness 31 • Employee Representation 31 . Informal Grievance Procedure 31 . Formal Grievance Procedure 31-32 . Appeal to Human Resources Commission 33-37 Artide XX Labor-Management Committee 38 Article XXI Full Understanding/Execution of Agreement 39 PREAMBLE It is the puipose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication befinreen City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between City management representatives and Association representaUves this Memorandum sets forth`=the agreemenf regarding wages, hours and other terms and conditions of employment for the employees covered by this Memorandum. This Memorandum provides for an orderly means of resolving .differences which may arise from time to time during its term. 1 ARTICLE I Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafte~ referred to as the "City" and representatives of the Arcadia Public Works Employees Association, a formally recognized exclusive employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seg.). Section B: APPROPRIATE UNIT The City agrees to give the Association notice of any changes, additions, or deletions of bargaining unit by classifications via an emailed copy of the Human Resources Commission Agenda. The agenda wili be emailed to the Association's authorized agent at the same time the agenda is sent to Commission members. The Association shall be responsible for providing the City with the authorized agenYs email add[ess. The full-time and permanent part-time dassifications covered by this agreement are: Building Maintenance Crew Chief Building Maintenance Technician Equipment Operator Fleet Maintenance Crew Chief Fleet Technician I and II Fleet Technician/Welder Maintenance Crew Chief Maintenance Worker ~ Water Maintenance Crew Chief Water Production Crew Chief, Water Production Teclinician I and II Water Quality Baclcflow Inspector Water Services Representative Crew Chief Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutuai recommendation to the City Council, City of Arcadia, for determination. Section D. AUTHORIZED AGENTS The City's principal authorized agent Drive, Arcadia, California, 91066-6021, specifically designated in connection obligation set forth herein. shall be the City Manager, 240 W. Huntington except where a particular City representative is with the performance of a spec~c function or 2 The Public Works bargaining unit's authorized representative is Craig Clark, P~esident of the Arcadia Public Works Employes Association, 11800 Goldring Road, Arcadia, Califomia, 91066-6021. The duly authorized staff representative is Robin Nahin, Executive Director of City Employees Associates, 254 B Lindero Avenue, Long Beach, Califomia, 90803. 3 ART/CLE /l Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other teRns and canditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective, upon ratification by the City Council, for the period July 1, 2005 through June 30, 2007. Section B. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legisletion, the remaining Sections of this agreemenf.shall remain in full force and effect for the duration of said agreement. 4 ARTICLE lU ASSOCIATION RIGHTS Section A. Aaencv Shoa Leaislative Au4horitv The City of Arcadia (City) and the Ar~cadia Public Works Employees Association (Association) mutually understand and agree that in accordance with State of California law,' per adoption of SB 739, and the Agency Shop election held on September 15, 2005, a majority of the full time, regular emplayees in classifications represented by the Association voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that ail bargaining unit employees: 1. ' Elect to join the Association and pay Association 2. Pay an agency fee for representation 3. Or with a religious exemption, pay a fee equal selected charities. Association Dues/Aaencv Fee Collection due§ to the agency fee to be donated to Effective with the pay period beginning September 4, 2005, the Administrative Services Department shall deduct Association dues, agency fee and religious exemption fees from ali employees who have signed a written authorization and a copy of. that authorization has been provided to the Administrative Services Department. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have an Association dues or agency fee deduction for that pay period. The Association shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Association's certified financial report. The Association shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification Effective September 15, 2005, all new hires in the Association shall be informed by the Administrative 5ervices Department, at the time of hire, that an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of~ Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency . Shop agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect thefr choice and provide a signed copy of that choice to the Admfnistrative Services Department. The Association may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. Failure to Pav Dues/Fees All unit employees who choose not to become members of Arcadia Public Works Employees Association shall be required to pay to Arcadia Public Works Employees Association a m fiv . :q.:.,• ~•:.i,,.t..:t . . representation service fee that represents such employee's proportianate share of Arcadia Pubiic - Works Employees Association's cost of legally authorized representation services on behalf of unit employees in their relations with the City of Arcadia. Such representation service fee shali in no event exceed the regular, periodic.membership dues paid by unit employees who are members of Arcadia Public Works Employees Association: Unit employees who attain such status after the effective date of this Agreement shall be subject to its terms thirty (30) days after attaining unit status. Leave Without PavlTemoorarv Assipnment 0ut of Unit Employees on an unpaid leave of absence or temporarily assigned out of the unit shail be excused from paying agency shop fees or charitable contributions. Religious Exemation Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non-labor, non-religious charitable organizations: United Way or American Red Cross. , To qualify for the religious exemption the employee must provide to Arcadia Public Works Employess Association, with a copy to the Ciry, a written statement of objection, along with verifiable evidence of inembership in a religious body as described above. The City will implement the change in status within thirty days unless notified by Arcadia Public Works Employees Association that the requested exemption is not valid. The City shall not be macJe a party to any dispute arising relative to the determination of religious exemptions. Any of the above-described payment obligations shall be processed by the City in the usual and customary manner and time-frames. Records Arcadia Public Works Empioyees Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to unit members, within 60 days after the end of its fiscal year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The City shall provide the Association a list of all unit members and dues paying status with each Association dues check remitted to the Association. Rescission of Aareement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at leastthirty (30) per cent of the employees in the unit. The'election shall be by secret ballot and conducted by California State Mediafion and Conciliation and in accordance with state law. Indemnification The Association shall indemnify, defend and hold the City harmless from and against all claimsand liabilities as a result of implementing and maintaining this agreement. Section B. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal altemative right of employees to refuse to join or participate in employee organization activities. Section C. USE OF BULLETIN BOARDS The City shall provide for the Association's use •designated builetin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: a} all postings for bulletin boards must contain the date of posting and the identification of the organization and b) the Association will not post information which is -defamatory; derogatory or obscene subject to the imrnediate removal of the right to post fior a period not to exceed 90 days. Section D: PAYROLL DEDUCTION The City wiil deduct from the pay of Association members the normal and regular monthly Association membership dues as authorized in writing by the employee on the City form subject to the following conditions: 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shail be duly oompleted 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 afte~ such submission. ` 5ection E. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives oatside of established work hours. '' ` 7 o:: p : ARTICLE 111(contlnuea~ Nothing herein shalF be construed.to prevent an Association representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters,during work hours. The authorized Association Business Agent shali be given access to work locations during working hours provided that prior to visiting any work loption the Association representative shall: contact the Muman Resources Manager or his designate, to state the purpose of his visit and which location he will be visiting, and 2. the Human Resources Manager or designate determines that such visit shall not interfere with the operations of the department. In the event the requested time and/or location of such visit by the Association Business Agent is denied because it would interfere with the operaUons of the department, the Human f2esources Manager or his designate shall set an alternative time and/or location for such visif within 72 hours. Section F. ASSOCIATION STEWARDS Four (4) Shop Stewards shall be selected in such manner as the Association may ~ determine. The Association shall notify the employer in writing of the names of the four (4) Stewards who are authorized to represent employees in the bargaining unit. Section G. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to two authorized representatives of the 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 name and addresses of the two authorized representatives within five days of the effective date of this agreement. s ARTlCLE N MANAGEMENT RlGHTS Section A. Eucept as limited by the specific and express terms of this agreement, the City hereby retains and reserVes unto itself alf rights, powers, authority, duty and responsibilities confirmetl on and vested in if bythe laws and the Constitution of the State of California, the Cfiarter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and'the direction of the work force of the City is vested exclusively in the City, and nothing in this agreemenf is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or dischaige employees for proper cause; maintain the efficiency of governmental operatlons; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergenctes; and to determine the methods, means and personnel by which the operations a~e to be carried out. 9 ART/CLE V COMPENSATION Section A. The City shall continue ,to pay 7% of the employee's contribut'ion to the Public Employees' Retirement,System. ,, _ The City shall pay 7% of the employees' compensation eamable as Employer Paid Member;Contributions and report the same percent of compensation eamable as speciai compensation. The City of Arcadia conducted;a compensation study completed Apri12005. As a result of the study, no classifcations;within this bargaining unit received any salary schedule increases. Effective September 4, 2005, the salary schedules of a(l employees shall be improved by 3.1 %. The new salary schedule is attached as Appendix A. The City and Association agree to re-open the MOU on or about December 1, 2~06, for the sole purpose of ineeting and conferring, with respect to the next compensation study. Section B. PROMO'1'ION OR ADVANCEMENT IN RATE OF COMPENSATION 1. When an employee.is promoted; the pay shall advance to fhe lowest step in such _ higher range that will provide not less than an approximate 5% increase in compensation unless the top step.in such ;range provides less than one step increase. The. 5% shall be measured by the range from which #he employee is promoted. 2. When an employee is promoted to;a higher cfassification, the date of promotion shall be used in determining the date of future step increases. Section C. The Parties acknowledge that the percentage between steps, within a range is approximately 2.5%. Section D. During the term of this .agreement, individuals will advance in their rates of compensation two steps (approximately 5i0%}on.fheir anniversary dates upon receiving satisfactory evaluations until the top step in the range is reached. io ARTICLE VI OVERTlME (FLSA1 AND WORK SCHEDULES Section A. With the approval of the City Manager, and when necessary to perform essential work, a departmenf administrator may require empioyees to work at any time other than d~ring regular working hours until such work is acxomplished. An employee required to be in a work stetus beyond forty hours (40) in a designated work week, or to work in excess of the regularly scheduled shift shall be paid at the rate of' one and one-half times the regular houFly rate. No'overtime credit'shall be allowed fo~ anyperiod less than one-haif hour. Overtime shall be rounded to the nearest one-haif hour. ' The' Department Administrator; City Manager or Designee, may permit an employee to take' compensatory time in lieu of paid overtime: With Department Administrator approval, represented em'ployees shall be permitted to accumulate compensatory time only to a ma~mum of one fiundred (100) hours. When the maximum level of compensatory time is reached, overtime shafl be paid. The scheduling of compensatory fime off shalf not result in the pyramiding of overtime. Section B. Employees recailed to work after compieting a day's work, induding any overtime shall receive a minimum credit of two (2) hours of overtime. Section C. When an employee is directed by his/her department administrator or the City Manager to attend classes orCity functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40` hours in a 7 day work pe~lod, th~ employee shall be paid at the rate of time and one-half the employee's regular rate `of pay. This does not apply to classes or other functions which the employee voluntarily attends. Section D. The City agrees'that if it decides to change the curcent9-day - 80 hour work schedule, the Cify will giVe the Association two (2j weeks advance notice and will meet and confer with the Association prior to implementing a new work schedule; provided, however, the City will not be required to meet and confer before implementing a new work schedule in the case of an emergency affecting City operations. If in the event the City determines an emergency exists, it may modify an employee's regular work hours. Reasonable notice will be given by the City to affected employees. 11 ARTICLEV1l STAB/LITYPAY Section A. This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. The plan pays $25 per year for each year of consecutive service up to a maximum of iwenty (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 Senrice Amount • of Service Amount 11 $275 16 $400 12 , $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. Stability payments will be paid on e pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. 12 ARTICLE VI!! TUlT10N RElMBURSEMENT Section A. The Tuition Reimbursement Program wiA operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and teztbooks is $2,500 per flscal year. School supplies are not reimbursable. The reimbursement shall only be for courses that are directly related to the employee's position as determined 6y the City-Manager. Only courses; specialized training, or degree programs "job-related" to permanent full-time positions will be considered for tuition reimbursemen4. Prior to reimbursement of costs, all course work must be completed while empioyed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. Any employee who shall terminate employment within one year from the completion of a class or classes shall refund all tuition paid under this provision unless he was required to attend by the appointing power. 13 ARTICLE 1X MILEAGE REIMBURSEMENT SecNon A. Mileage is reimbursed for travel in an employee's personal vehiele in connection with City 6usiness. : Prior approval must- be obtained from the immediate supervisor or department head. I# travel is required freguently during a month, reimbursement will be made once a month, Completed mileage #orms shall be submitted to the department head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards established by the City Manager. 14 ARTICLE X HEALTH. DENTAL AND LIFE 1NSURANCE Section A. The City will continue to provide Health, Dental and Life Insurance benefits to each full- time employee in a classification represented by this agreement. Effective July 1, 2003, the City shall pay up to a maximum of $604.00 per month per employee for coverage. If the, City's contri6u8on exceeds the cost of employee only coverage, the difference shail 6e contributed towaM the cost of dependent coverage or to the empioyee in cash or a comtiination of both. The employee has the option of having any amount in excess of the premium contributed to the'°employee's acxount in the City's deferred compensation pian instead of receiving cash. If the premium cost of the health pian exceeds the City's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee's exercise of the option to use the difference toward dependent health coverage or the deferred compensation plan is subJect to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Section B. Effective July 1, 2003 the City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: Ca1PERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance - mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the two denta~ plans. Additional coverage may be Qurchased through the Optional Benefits allocation. 3. Optlonal Beneflts The City shall contribute $574.80 per month per eligible employee toward an optional benefits plan. The employee may receive this amount in cash or may elect to use coverage for him/herself or his/her dependents for City- approved benefits options, in.cluding but not limited to; dental insurance; supplementai life insurance, optlonal long term disability insurance or deferred compensation plan. Any monies received in cash will be considered as taxable income but are not considered base salary for purposes of overtime calculation. The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enrollment periods and eligibility established by the respecfroe plans or carriers. 15 ARTICLEX (confinuedJ Dependent enrollment will require proof of eligibility for dependent status such as marriage, birth and adoption cert~cate. The employee need not enroll in a medicai plan to be eligible for optional benefits allowance provided that the employee annually during open enrollment, sign a waiver and refusal of coverage. 4. The City shali continue to provide each employee with life insurance in the amount of $7,500.00. 5. The City shali provide each employee with a vision plan, with the City paying the premium in fiscal years 2005/06 and 2006/07. This vision plan will be Vision Service Plan, option B: The City will pay the premium up to the cost of the family plan. Section B. RETIRED HEALTH INSURANCE The City agrees to pay the employee-only health insurance premium for eligible retirees from the classifications represented by this agreement who retire after July 1, 1985. Such payment shall cease by employee's sixty-fifth (65) birthday. If the retired employee has other_group medical coverage available to himlher, then this other group insurance shall be primary and the City's health insurance plan shall function as secondary co-insurance. An eligible retiree is an employee who retires on a service, disability, or industrial disability retirement and has 125 days of accumulated sick leave at the date of retirement. An employee who has fewer than 125 days of accumulated sick leave at the date of retirement may become eligible for coverage for the empioyee only health insurance premium by paying the City an amount equal to his daily pay rate at the time of retirement times the number of days needed to meet the 125 days of accumulated sick leave requirement. In addition, the eligible employee must apply prior to retirement for such coverage through Human Resources. The Association shall notify Human Resources in the event of the death of a re6red member. Effective February 1, 1999 retirees will be subject to the terms, of the CaIPERS Health Program. In this program the City will pay to Ca1PERS $1.00 per month for the retiree's heaith insurance. This amount increases annually by 5% until it is equal to the City contribution for active employees of $16.00 per month. The difference between fhis contribution and the employee only cost of the insurance selected by the retiree will be refunded to the retiree by the City on a monthly basis based on a report by CaIPERS of the retiree's continued enroilment. In order to be eligible for retiree health coverage, the employee must be enrolled in a City-sponsored health plan as of the retiree's last day of work and maintain eligibility to continue in the CaIPERS Health Program as stipulated by the Health Program. 16 ARTlCLE X/ DlSABlLITY INCOME lNSURANCE Section A. The City shall provide disability income insurence up to a maximum total monthly peyment of $12.81 per fu(I-time employee, covered by this agreement during the life of the agreement. ' i~ ARTlCLEXp MEDICAL EX,4MlNATIONS Section A: All medica~ examinations required by the Gity shall be paid for by the City in accordance with the Ciiy of Arcadia Personnel Rules and Regulations. Section B. An employee at<any time may-be required by the appointing power to take a medical examina6on, paid for by the City, to determine fitness for duty. ia ART/CLE Xl!! UNIFORMS Section A. The City shall provide each employee with seven (7) sets of uniforms consisting of shirts and trousers. Section B. The City shall provide one medium weight uniform jacket for each uniformed employee. ~, Section C. Upon termination of employment the employee shall tum in all unfforms issued or shall have a dollar amount equal to the lost uniform cost deducted form the employee's final check. ~ 19 ARTICLE XlV LEAVES Section A. In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this agreement shall be provided for as follows Section B. POWER TO GRANT LEAVE Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall- have power to grant leaves of absence with or without pay subject to the following restrictions: 1. Length - leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans' code. 2. Reason - a leave of absence may be granted an employee, provided he meets ail other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality ofhis service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. 3. Right to Return - the granting of a leave of absence without pay confers upon the employee the right to return to his classification before or at the expiration of his leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to retum to his classificaUon 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 empioyee 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 shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. zo ARTICLE X!V (contfnued) Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Califomia State Law. To be eligible for paid leave for 30 calendar days of active military training, an employee must have been employed' by the City for a period of not less than•one year immediately prior to the day on which the leave of a6sence begins. If the employee has not been employed for a period of one year, the IeaVe sha11 be granted without pay. Pay shali not exceed 30 calendar days in any one fiscal year. An employee on paid military leave shall continue to accrue vacation, sick leave, seniority and/or holiday in the same manner as the employee would have, had the employee been in a work status. To be eligible to receive the ieave, an empioyee must submit a request in writing with a copy of his/her military orders to his/her immediate supenrisor for processing. This leave does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's right to return to vacant positions after an absence that eicceed 180 days shall be goVemed by the applicable federal ancl state law.' 21 ARTICLE X!V (contfnued) Section D. VACATION LEAVE 1. €very full-time empioyee represented by this agreement, with the exception of temporary appointments shap accurnulate vacaUon with pay beginning with the firstfull pay period of employment at the rate of 3;07 hours,per pay period during the first five years.of continuous full-time employment with the City; at the rate of 4.61 hours per pay period between the emplqyee's fifth and tenth anniversary date of continuous full-time employment; at the rate of 5.22 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full- time employment, and at the rate of 6.15 hours per pay period after fifteen years of continuous ful(time employment with the City: Accumulated vacation shall be granted at the discretion of the appointing power. 2. Vacation may not be accumulated beyond the amount accumulable for a sixty-five (65) pay period basis. Once an-employee Mas accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacaUon time,and this has not been a pattern or past practice for that empioyee; the City Managec for good cause may approve excess accumulated vacation, provided #he :employee reduces the total below the allowable maximum within six {6) months: 3. An employee who has previously requested and was granted approval of vacation leave for use during the last three (3) months of the calendaryear and is unable to utilize such leave because of the Giry's canceliation of leave shall be allowed to carry over the excess leave time into the next three (3). months of the new < calendaryear, if rescheduling of the vacation leave is not possibie. 4: Upon termination, vacation used shall be prorated against vacation eamed. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. if an employee works more than 50% of the pay period, the employee shall receive credit for 50% of the pay period's vacation. , . 5: Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the yeer, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. 22 ARTICLE X/V (contlnue~ Section E. SICK LEAVE Every fuil-time employee represented by this agreement shall be granted sick leave with fulf pay. Said sick Ieave shall be accumulated beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of seroice compieted with the City. Employees may accumulate up to a maximum of 2;000 hours of sick leave with pay. For the purposes of overtime calculation, paid sick leave, when accompanied by a doctor's note verifying illness, shall be regarded as hours worked. 2. City Manager or designee may require a medical examination by a physician or evidence of the reason for an absence of any employee during absence on account of illness of such employee. 3. Except as provided hereinafter, sick leave means authorized absence from duty of an employee who is femporarily disabled and unable to work due to a non-work related medical condifion or"due to a scheduled medical or dental appointment during regular working hours for a non-work related medical condition. Every effort shall be made to schedule appointments during non-working hours. a. Employees that are injured on duty, and the injury is recognized as such by the City or the WCAB, and not eligible to receive salary to supplement workers' compensation temporary disability benefits under Section F of this Article, may request that accrued sick leave be paid to supplement workers' compensation disability payments. 4. Sick leave may be used by an employee when theirattendance upon a member of the employee's family-dependent who is seriously ill and requiring the attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependent's medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's househoid, or the employee's • minor children. 5. The appointing power and City Manager may require evidence of the reason for any employee's absence caused by illness or death in the immediate family of the employee during the time for which sick leave is requested. 6, in order to be eligible for sick leave, an employee must provide at least fifteen (15) minutes advance notice of an absence. Failure to do so without good cause may result in denial of sick leave and disciplinary action. 23 ARTICLE XIV (continuea~ 7. In case of absence due to illness, the employee shall notify his department in accordance with:departmental rules and explain the nature of the illness. The appointing power and Ci4y Manager may deny or revoke sick leave if the illness or injury for which if is taken is caused or substantially aggravated by compensated outside employment. Section F. . WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized by the, Workers' Compensation Act by the City of Arcadia or the Workers' Compensation Appeals BoaM, such employee may be paid a combination of salary and Workers' Compensation equal to his regular salary rate for such time as he is ~ absent .from duty,because of such injury. Such payment shall be granted only to employees with tfiree or more full years of continuous service with the City as well as to those who have completed their initial probation with the City as of June 14, 1999. The ,,:; leave shall be for up to a.maximum of ten months from and after date of such injury. , Lost time due to an injury on duty shaii not be charged against an employee's accumulated sick leave. Section G. HOLIDAYS. . . 1. Each employee in a classification represented by this MOU shall be allowed the following holidays with pay: New Year's Day - January 1 Washington's Birthday - The third Monday in February Memo~ial Day - The Iast,Monday in May Independence Day - July 4 ' Labor Day - The first Monday in September Admission Day - Septem6er 9 Veteran's Day - November 11 Thanksgiving Day - The fourth Thursday in Novem6er . The Friday foilowing the,fourth Thursday in November Christmas Eve - December 24 - 4 hours - Decembe~ 31 - 4 hours inted by the Cify Council for a public fast, holiday, . For full-time empioyees assigned to an aitemate worK week, and scheduled to work 9 or more hours, buYfor the holiday would have been scheduled to work 9 or more hours, the employee may use accrued vacation time, acerued comp time, floating holiday time or unpaid leave to make up any difference between the provided nine hours of holiday pay and the actual number of regularly scheduled working houFs for a designated holiday. For example, if a holiday fails 24 ARTICLE XN (contfnuea~ on a day an emptoyee is scheduled to work ten (10) hours, the employee shall receive nine (9) hours of holiday pay and be perrnitted to use other accrued leaves to make up the extra hour for that day. 2. In lieu, of a citywide holiday to celebrate Dr. Martin Luther IGng's birthday, unit members shall receNe eight (8) hours of floating holiday to be scheduled by the empioyee in the same manner,as; vacation days are' scheduled. Floating holidays do not' carry over from calentlar year to calentlar year. Failure to timely schedule the day off shall result in its loss. If the City adopts Dr. Martin Luther King's birthday as a citywide holiday, this floating holiday shall cease and the unft' membe~s shall receive the citywide holiday. , If a holiday falls on a Friday that City operations are closed; under the 9/80 work schedule, each, employee will receive eight (8) hours of floeting holiday time. Floating, holiday time is not accruable and not payable if unused. The floating holiday must be used by the, end of tFie fiscal year in which it is granted or it shali be forfeited. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his or her birthday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over from calendar year to calendar year. Failure to schedule the day off within the calendar year shall result in ifs loss. Section H. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City fees received except mileage: A paid leave of absence shal( not be granted for time spent in Coart on personal cases. Section I. BEREAVEMENT LEAVE At the time of death, or where death appears imminent in the immediate family, an employee may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager, lmmediate,family is defined as the spouse, the employee or employee's spouse's mother or stepmother, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents,, grandchiidren, or any relative of the employee or empioyee`s spouse residing in the same household. Such leave shall be granted based, on employee's,current work shift up to a maximum of three (3) shifts. Section J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence. are cause for immediate dismissal. 25 ART/CLEXV PROBATIONARYPERIOD 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 probatiqner may be released, ordemoted if permanent status is held in:a Iower classification, without the, right of appeal, if the appointing power deems the probationer unfit or unsetisfactory for service. When a provisiona- appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee; with no time interval beiween the provisional and probationary appointment, the "employment date" as herein defined; shall be the,date first appointed on a provisional basis. Section B: All eligible candidates appointed to a position from an open competitive examination and who are not curcently employed in a permanent position shall be on probation for twelve months before attaining permanent status: Section G. Eligible candidates appoin#ed from a promotional list shall be on probation for six months before attaining permanent status. 26 ARTICLE XV! ACTING PAY Section A. Any employee in the unit who is required, in writing, to work three (3) working days or longe~ in a higher classifica6on which is vacant due to sick leave; injury leave, vacation, termination or move' up due to acting pay shall receive the following acting pay retroactive to the first day of the as5ignment: " 1. five (5) `percent above their currenf' rate of pay or A step of the higher classification; or 2. an employee in the classification of Maintenance Worker assigned to an acting position of Crew Chief in the foliowing: Building Maintenance, Fleet Maintenance, Maintenance, Water Maintenance; Water Production, and/or Water Services Rep~esentative shall receive ten (10} percent above their current rate of pay; or 3. should such percentage exceed the top step of the range for the higher classifica6on, the employee shall receive compensation at the top step of the . higher classification. Section B. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. z~ ARTlCLE XV11 Section A. LAYOFF PROCEDURE L4YOFFS The City Manager or appointing power may lay off an employee in the Class~ed Service because of a~rnaterial change in duties or organization, inclement weather, adverse working conditions;+ shortage of work or funds or retum of employees from authorized leave of absence: The order of layoff shall be temporary, probationary, and then regular employees and shalFbe (1) based on perFormance and (2) in the reverse of total cumulative time served in the same class or promotional field upon the date established for the layoff to become effective. Regular full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than an employee holding the lower posifion. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon re-employment tists in the reverse order of the layoff. Re-employment lists shall remain effective for two (2) years from the effective date of separation from service. Section C. SEVERANCE PAY A full-time employee whose position is abolished or vacated by a reduction in work load or lack of funds, and has at least one (1) year of consecutive fuli time service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1/5th of their previous months' salary times the number of years of consecutNe service, not exceeding five (5) years of service. 2a ARTlCLE XVJIf PERSONNEL FlLES Section A. The Ciry shall maintain a central personnel file for each employee. Supervisors may maintain working personnel files. If a supervisor.maintains a woeking Personnel file, copies of written material which is to be used as a basis for employee discipline shall be sent to the centrai personnel file and given to the employee. Copies'of performance evaluations~and/ordisciplinary actions shall not be entered in the file; until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initial, date, and file a written response to the materiai. The written response shall be attached to the material. An employee or their designated representative (in writing) shall have the right to examine and/or obtain copies of any material from the employee's personnel file. Such copies shall be provided at the employee's cost. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. 29 ART/CLEX/X EMPLOYEE GRIEVANCES , Section A. DERNITIONS Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable. Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or Ciry and/or Department Personnel Rules and Regulations. 3. Department Head The department head or designee. 4. Work day A work day is any day the City offices are regplarly open for business. 5. Exclusions from the Grieva~ceProcedure a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working, conditions may thus be grieved only if the grievance involves a misapp~ication or misinterpretation of an express provision of the M,OU or a.Ciry/Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or perFormance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in:a spec~c provision of the MOU and/or City/Department Personnel Rules and Regulatlons,are grievable: c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the:foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed: d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or other disciplinary action. Appeals of disciplinary 30 actions are covered by the Gity's Personnel Rules and Regulations: e. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Section B: TIMELINESS The grievance must 6e filed by the empioyee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the grievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in. a timely manner, tMe' empioyee may proceed to the next level: " ' Section C. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The 7elease time must be approved by the Department Head. Section D. INFORMAL GRIEVANCE PROGEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days afterthe employee should reasonably have known of the event, the employee should attempt to resolVe the grievance on an informai basis by discussiort with his or her immediate superVisor. Section E. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review: Next Level Supervisor Ifthe employee is not able to resoive the grievance after discussion with his or her imrimediate supervisor, within ten (10} working days after the informai discussion with the immediate supervisor, the employee•shaU present.the`grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. b. The Specific act or omission which gave rise to the alleged violation. c. The date"or dates on which the violation occurred. 31 d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage: A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate superoisor. • The. next level supervisor shall rentler a decision in writing, on the grievance ` form, within ten (1Q) working days after receiving the grievance. 2. Department Head Revtew ' If the employee does not agree with the decision of the ne~ct level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenry (20) days from the date the next.level supervisor receiyed the grievance but failed to issue a decision, the employee . shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and .the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing.within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichevecis longer. 3. Human Resources Manager If the employee is not in agreement;with the decision reached by the department head, within'ten (1A) working days°after receiving the department head's decision o~ 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 Manageron the official City grievance form. The Human Resoutees Manager may require the employee and the immediate supervisor to attend a grievance meeting. The Muman Resources Manager shall communicate a decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 4. Human Resources Commission If the employee is not in agreement with the decision of the Human Resources Manager or if the Human Resources Manager has failed to respond; the employee shall present the grieva~ce to the Human Resources Commission within ten (10) wotking days from the date of receipt of the Human Resources Managers decision or twenty (20) days from the date the: Human Resources Manager received the grievance but failed to issue a decision. - 32 ARTICLE X!X (Conflnuea~ Section F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Scheduiing of Hearing Upon receipt of the request for an appeal,°the City shall, within thirty (30) days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing: The appeal hearing°shaii be set not less than twenty (20) working days nor''"more than sixty'(60)working days'from the date of the filing of the appeai. All interested parties stiall 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 hea~ings shall be open to the public: 3. Pre-Hearing Procedure a: Subpoenas ' The Human Resources`Commission is authorized to issue subpoenas at tFie requesf of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the AdministratiVe Serdices Department and the other party. The Human Resources'DiVision of'the Administrative SerVices Department will - issue"'the subpoenas.~! The Human Resources Division of the Administrative Services Department will serve subpoenas for current City empioyees. It wilf be the responsibility of the employee or the City to serve subpoenas on individuals who ere not currently employed by the City. It will be the responsibility of the employee and the City to submit the written request for subpoenas at least ten (10) working days 6efore the date of the hearing: b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department: a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3 hole notebooks which are tabbed down. the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to 33 ARTlCLE X/X (contlnued) this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of lssues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources, Division of the Administrative Services Department a Statement of Issues. 4. Su6mission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present ' each member of the. Human Resources Commission with a copy of the jurisdictional documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the:hearing: The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City:agrees to a different arrangement. 6. Conduct of the Hearing a. The hearing need not be conducted.in accordance with technical rules relating to evidence and witnesses but hearings shali be conducted in a manner most conducive to determination of the.truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. ' d. The rules dealing with privileges shall be effectivs to the same extent that they are now or hereafter may be recognized in civil actions. 34 ARTlCLE XIX (Continued) e. Irrelevant and unduly repetitious evidence may be excluded. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shali not be invalidated by any informality in the proceedings: Dwring examination of a witness, all other witnesses, except the parties, shail: be excluded from the hearing upon motion of either party. h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsei. 7. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. ° 8. Praceed with Hearingror Request for Continuance . Each' side should be asked if it is ready to proceed: If either side is not ready and wishes e continuance, good cause must be stated. Any request for a continuance must be made fn writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact ali parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition: 9. Testimony under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: °Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?" 10. Presentatlon of the Gase The hearing shall proceed in the following order unless the Human Resources Commission for special reason; directs othervvise: a. The Human Resources Chair shall announce the issues after a review of the statement of issues presented by each party. The grievant (employee) shall be permitted to make an opening statement. 35 ARTICLE XIX (Contfnued) c. The respondent (City) shall be permitted to make an opening statement; or reserve an opening statement until presentation of its case. d. The grievant shall produce his/her evidence. e. The respondent may then offee its evidence: f. The:grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time Iimlt on closing . arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 1 L 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 Humam Resources Commission. •Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and° issue a ruling regarding an objection or any other matter; and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings While the parties are generally free to present thei[ case,in the order that they prefer; the Chairreserves the right to control the proceedings, including, but not limited;to, altering the: order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavlor All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 36 ART/CLE X/X (Confinued) 14. Deliberation Upon the Case The Commission will consider alf ~oral and documentary evidence, the credibility of witnesses; and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. 15. Recommended Deciston The Human Resources Commission shall render iYs recommendations as soon after the concfusion of the hearing as possible, and no event, later than ten (10) working days after conciuding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grfevants counsel: 16. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee'or the department may file a written appeal to the proposed decision~` by filing ezceptions thereto with the Wuman Resources Manager within ten t10} tlays of receipt of the Commission's recommended' decision. The party tlesiring to contest the recommended decision of the Commission may also request a franscript for'review by the City Manager within ten (10) working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 17. Final Action by City Manager Witliin ten (10) working days of the filing of exceptions, or within ten (10) days of receipt of the transcript; the City'Manager shall reView the decision of the ~Commission; any exceptions filed, and 'a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head; 37 ARTlCLE JOC L4BOR - MANAGEMENT COMMI77EE Section A. The City an~ the Association hereby agree to the establishment of an ad hoc committee to discuss employer-employee rela6on matters. ' Each side may designate up to two (2) Public Works Services Department representatives to serve on the committee. For purpose of coordination oniy, the Human Resources Manager` shall be chairman of the" committee. The committee shall meet quarterly as necessary, at'a mutually agreed upon time and place. The party requesting the meeting shali submit an agenda of topics to 6e discussed no less than five (5~ days prior to the scheduled meeting date. 38 ARTICLE JOCI FULL UNDERSTAND/NG Section A. . This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior ;existing understanding or . agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the empioyees in the unit and that the City will meet and confer as required by law, before implementing changes. For the life of this agreement it is agreed and understood that the Association hereto voluntarily and unqualifiedly waives its rigMts and agrees that the City shali not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. However, the specific provisions of this contract may not be reopened during the term of this contract without the consent of the City and the Association. Section B. The parties hereto have caused this Memorandum of Understanding to be exeouted this 5'~' day of October, 2005. Arcadia Public Works Employees Association City of Arcadia ---~ raig Ciark William R. Kelly President City Manager 39 NEGOTIATION TEAM$ APWEA ` CITY OF.ARCADIA Jon Shoemaker, Team Member, Michael A. Cas. alou, Human Resources Administrator Craig Clark, Team Member Sharmeen Bhojani, Senior Human Resources Analyst Anthony Pulido, Team Member Tom Tait, Field Services Manager Kevin Tobin, Team Member : Chris Ludlum,;$enior Nlanagement Analyst Dave Twedell, CEA Representative Wi~liam UV. 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'm ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ d a E `% ~ ~ ~ 'o c c y ~ I :: 1 o _. c m a~ ' .g , ~ ~ ~ ~ ~ •~ 'm i a m m « ~9 m « m F ~ lLL ~ m W ~i LL tL ~ m ~ S ? IL ~i ~ ~ a a a a a a a a a a a a a a a. a a a a a ~ m a v v v ~°n u~ ~ ~ ~ u'~'i u`Qi ~i ~i u°~i ~ ~ cNe m ~ c e E `~ Z ~ ~ t ~ e . ~~,. ;~. . . . ~ ~ ~ ~ ~ ~ STAFF REPORT ,, . Administrative Services Department DATE: TO: . . FROM: SUBJ ECT:. SUMMARY October4, 2005 Resolution No. 6488 establishes terms of employment and compensation for City employees represented by the Arcadia City Employees Association (ACEA). : Pursuant to the Meyers-Milia§-Brown Act, the City has met and conferred in good faith conceming wages, benefits and working conditions with the ACEA. Staff is'recommending the City Council adopt Resolution No..6488, 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 ACEA. 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 add~essed 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. The conditions ' of the agreement were approved by the ACEA on September 12, 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, as well as a subsequent increase of 3.1% to the salary schedules of all classifications in this bargaining group, effective September4, 2005. Mayor and City Council T~acey L. Hause, Administrative Services Dire or >; Prepared by: Michael A. Casalou, Human Resoh~es Administ~ator Mayor and City Council October 4, 2005 ~ Page 2 of 2 Effective July 1, 2005, employees in this unit may elect to seil back vacation during a calendar year equal to the amount of vacation taken during tHe year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. As represenfed in the MOU, the City and ACEA agree to re-open the contract and meet and confer with respect to the next compensation study on or about December 1, 2006. FISCAL IMPACT The total cost of this agreement is 3.1 °/a, 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. _ RECOMMENDATION Adopt Resolution No. 6488 of the City Council of the City; of Arcadia, California establishing compensation and related benefits for employ,ees represented by the Arcadia City Employees Association for July 1, 2005 through June 30, 2007. APRROVED: ~. William R. Kelly, City Manager 4 1 RESOLUTION NO. 6488 A RESOLUTION OF THE CITY COUNCIL OF TFIE CTI'I' OF ARCADIA, CALIFOItNIA, APPROVII~IG A MEMORANDUM OF UNDER$TANDING ESTABLISIiING COMPENSATION AND RELATED BENEFITB FOR EMPIAYEES REPRESENTED BY THE ARCADIA CITY EMPLOYEES ASSOCIATION ("ACEA") FOR JULY 1, 2005 THROUGH 7LTNE 30, 2007 Tf~ CTTY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DE'I'ERMINE AND RESOLVE AS FOLLOVJS: SECTION 1. The City Council hereby approvea that certain Memorandum of Understanding ("MOU'~ by and between the City of Arcadia and the Arcadia City Employees Association ("ACEA'~ dated effecdve as of July 1, 2005, a copy of which is attached hereto. The City Manager ie hereby authorized and directed to execute this Mamorandwn of Understaading on behalf of the City. The salary and benefits for employees represented by ACEA shall be those set forth in the Memorandnm of Understanding. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted ttris 4th day of october , 2005. ISl JOHN WUO Mayor of the City of Arcadia ATTEST: !S/ J~~~.~~ H. ~~RR~WS City Clerk of the City of.Arcadia APPROVED AS TO FORM: ~~ ~'~ I~~e~,Ge.~.~ City Attorney STt~T'E OF' CALIFOItNIA ) COUNTY OF LOS ANGEL•ES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby cerrifies that the foregoing Resolution No. 6488 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 4th day of October, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ~1 JAINES H. ~~RAOl~S City Clerk of the City of Arcadia 2 CITY OF ARCADIA AND ARCADIA CITY EMPLOYEES ASSOCIATION (CONFfDENTIAUSUPERVISORY/PROFESSIONAL UNIT ~ AND GENERAL EMPLOYEE UNIT) ~~,I,IF O~,I G J,i~ q MEMORANDUM OF UNDERSTANDING JULY 1, 2005 THROUGH JUNE 30, 2007 \~Y1LV Ul 7ABLE OF CONTENTS Paae Preamble 1 Article I Parties and Recognition 2 Appropriate Unit 2 Mutual Recommendation and Implementation 3 Authorized Agents 3 Article II Term 4 Savings Clause 4 No Strike Clause 4-5 Article III Association Rights ` 6-11 A~ Agency Sfiop " 6-8 B. Right 7o Join 8 C: Use of Bulletin Boards 9 D. Payroll Deduction 9 E. Access to Facilities 9-10 F. Association Stewards 10-11 G. Reasonable Notice 11 H. List of Names 11 Article IV Management Rights ; 12 Article V Compensation 13 Promotion or Advancement 13-14 Article VI Hours 15 Overtime (FCSA) 15 Rest Periods 15-16 Work Schedules 16 Article VII Stability Pay 17 Article VIII . Tuition Reimbursement 18 Article IX Mileage Reimbursement 19 Article X Health, Dental and Life Insurance 20-22 Retired Health Insurance 22 Article XI Disability Income Insurance 23 Article XII Medical Examinations 24 Artic{e XII{ Uniforms 25-26 TABLE OF CONTENTS Article XIV Leaves of Absence A. Non-Medical Leaves Without Pay B. Family Care and Medical Leaves G. Military Leave D. Vacation Leave E. Sick Leave F. Bereavement Leave G. Holidays H. Jury Leave I. Court Witness Leave J. Industrial Accident Leave Article XV Probationary Period Article XVI Special Pay A. Acting Pay B. Call-Back Pay C. Bilingual Pay D. Dispatch Training Pay Article XVII Layoffs A. Layoff Procedure B. Re-employment List C. Definitions Article XVIII Personnel Files Article XIX Employee Grievances A. Definitions B. Timeliness C. Employee Representation D. Informal Grievance Procedure E. Formal Grievance Procedure F. Appeal to Human Resources Commission Paqe 27 27 28-31 31-32 32-33 33-34 34 35-36 36 36 36-37 38 39 39 39 39 39 40 40 40 41 42 43-50 43-44 44 44 44 44-46 46-51 Article XX Disciplinary Action 52 A. Suspension, Salary Reduction, Demotion & Dismissal 52 B. Notification and Appeal Procedure 52 C. Salary Reduction 53 D. Unauthorized Absence 53 Article XXI Full Understanding/Execution of AgreemenUNegotiation Teams 54-55 PREAMBLE It is fhe purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication beiween City Management and the City employees covered by this Memocandum. As a result of good faith negotiations between City management representatives and Association representatives this Memorandum sets forth the agreement regarding wages; hours and other terms and conditions"of employment for the employees covered by this Memorandum. This Memorandum. provides for an orderly means of resolving differences which may arise from time to time during its term. ~ aRrlccE r Section A. PARTIES AND RECOGNITION The Memorandum of Understanding is made and enfered into between the management representatiVes of the City of Arcadia, hereinafter referred to as the "Cify" and representatiVes of the Arcadia City Employees Associafion, a formally recognize8 exclusive employee organization; hereinafter referred to as the "Association", pursuanY to the proJisions of the Meyers-Milias-Brown Act (Govemment Code Sections 3500 et.seg.). ` Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Confidential/Supervisor Accounting Specialist Administrative Assistant - H.R. Assistant Engineer Assistanf Planner Associate Civif Engineer As§ociate Planner Deputy City Clerk Deputy Fire Marshat Executive Assistant Human Resources Technician /Professional Unit Legal Coordinator Librarian Principal Librarian RetleVelopment Project Analyst Revenue Collection Specialist Senior Li6rary Technician SeniorPolice Records Technician Senior Com6ination Inspector Senior Planner Video Technician/Office Assistant General Emolovee Unit Accounting Technician I & II Administrative Assistant Building Technician I & II Business License Officer Circulation Seniices Supervisor Code Se~vices Officer Combination Inspector Communications Specialist Community Services Officer Communications & Marketing Specialist I& II Computer Support Specialist Custodian Dispatcher I & I I Dispatch Services Supervisor Engineering Aide Engineering Assistant Evidence Technician Fire Administrative Specialist Fire Inspector Historical Museum Education Coordinator Fiistorical Museum Curator Info and Referral Coordinator Information Systems Specialist Library Technician I & II Logistical Services Officer Office Assistant Police Communications & Information Systems Specialist Police Records Technician I& II Public Works lnspector Public Works Technician Recreation Coordinator Senior Accounting Technician Senior Administrative Assistant Senior Citizens Program Specialist Senior Citizens Project Specialist Senior Code Services Officer Senior Engineering Assistant ART/CLE! (continued) Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, subsequent to the. ratification meeting by the membership of the Confidential/Supervisory/Professional Unit and the General Employees Unit. It is agreed that this mernorandum shall nof be binding upon the parties either in whole or in part unless and until the City Council formaUy acts, by majority vote, to approve and adopt said Memorandum. Section D. AUTHORIZED AGENTS The City's principai authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, Califomia, 91066-6021, except where a particular Ciry representative is specifically designated in connection with the perfotmance of a specific function or obligation set forth herein. The Con.fidential/Supervisory/Professional and General Employee's authorized representa#ive is Cara Wilhelm, President of the Arcadia City Employees Association, 240 W. Huntington Drive, Arcadia, California, 91066-6021.,The duly authorized staff representative is Robin Nahin, Executive Director of City Employees Associates, 254 B Lindero Avenue, Long Beach, California, 90803.. Section E. The City agrees to give the Association notice of any changes, additions, or deletions of bargaining unit by ciassfications via an emaifed copy of the Human Resources Commission Agenda. The agenda will be emailed to the Association's authorized agent at the same time the agenda is sent to Commission members. The Association shall be responsible for providing the City with the authorized agenYs email `address. aRric~e ~r Section A. TERM The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification Of the City Council effective July 1, 2005 and ending June 30, 2007. Section B: SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confec with the Association, upon request, regarding the impact or implementation of the court order or decree or legislation. Section C. NO STRIKE CLAUSE It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slow-down, obstructive pickefing, or. concerted refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted interference with the operations of the City by the Association or by its officers, agents, or members during the term of this Agreertient. Compliance with the request of other labor organizations to engage in such activity is included in this prohibition. - 2. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing its members not to strike, stap work, slow-down, or picket obstructively, and the Association agrees in good faith to actively take affirmative action to cause those employees to cease such action. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action up to and including discharge, and/or, may be considered to have automatically resigned from the City service. For purposes of this article, any employee deemed to have automatically resigned shall be eligible to utilize the Grievance Procedure as provided in this Agreement. 3. It is understood that in the event this article is violated, the City shall be entitled to withdraw any rights, privileges, or services provided for in this Agreement or in any other City rules, regulations, resolutions and/or ordinances, from any employee and/or the Association. No such actions shall 4 ARTICtE 1l (confinued) be taken by the City in the event that the Association acts in good faith in accordance with paragraph 2 above. 4. The expiration or violation of this Agreement shall not prejudice the City's right to•assert to'the illegality of any such.activities mentioned above if engaged in by the Association or employees. Upon the expiration of this agreement, this language shall not prevent the Association from engaging in such activities mentioned above, to the extent such activity is otherwise legal for public employees to participate in. s ARTICLE Ill ASSOCIATION RIGHTS Section A. AGENCY SHOP AGREEMENT Leaislative Authoritv The City of Arcadia (City) and the Arcadia City Employees Association, Confidential, Supervisory, Professional, and General Employee Bargaining Unit (Association) mutually unc3erStand and agree thaf in accordance with'State of California law, per adoption of SB 739, and'the Agency Shop election heltl on 5eptember 15, 2005, a'simple majority of bailots casf by regular empioyees in classifications represenfed by the Association voted to be coVered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: 1. Elect to join the Association and pay Association dues 2. Pay an agency fee for representation 3. Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop provision wilF be implemented, in conformity with • California GoVernmentCode Section 3502.5 and.applicabl~ law: Association DueslAaencv Fee Collection Effective with the pay period beginning September 4, 2005, the .Administrative Services Department shalf deduct Association due§, agency fee and religious exemption fees from all employees who have §igned a written autho~ization and a copy of that authorization has been provided to the Administrative Services Department. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have an Association dues or agency fee deduction for that pay period. The Association shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as dete~mined by the Association's certified financial report: The Association shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification Effective September 15, 2005, all new hires in the Confidential, Supervisory, Professional and General Employee Bargaining Unit shall be informed by the Human Resources Office of the Administrative Services Department, at the time of hire, thaf an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the Ci'ty and the Association that outlines the employee's choices under the Agency Shop agreement. 6 ARTICLEl1I (continued) The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Administrative Services Department. The Association may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Association. Failure to Pav DueslFees Ali unit employees who choose not to become members of the Arcadia City Employees Association shali be required to pay to Arcadia City Employees Association a representation service fee that represents such employee's proportionate share of Arcadia City,Employees Association cost of legally authorized representation services on behaif of unit employees in their relations with the City of Arcadia: Such rep~esentation seroice fee shall in no event exceed the regular, periodic membership dues paid by unit employees who are members of P.roadia City Employees Association. Unit employees who attain such status after the effective date of this Agreement shali be subject to its terms thirty (30) days after attaining unit status. Leave Without Pav/Temporarv Assiqnment Out of Unit Employees on an unpaid leave of absence or temporarily assigned out of the unit as a Supervisor shall be excused from paying dues, agency shop fees; or charitable contributions: Reliqious Exemption Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, shall not be required to pay an agency fee; but shall pay by means of mandatory payroll,deduction an amount equal to the ageney fee to a non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non-labor, non-religious charitable organizations: United Way or American Red Cross. To qualify for the religious exernption the employee :must provide to Arcadia City Employees Association, with a copy to the City, a written statement of objection; along with verifiable evidence of inembership in a religious body as. described above. The City will implement the change in status within thirty days unless notified by Arcadia City Employees Association that tlie requested exemption is not valid. The City shall not be made a party~to any dispute arising relative to the determination of religious exemptions. Any of the above-described payment obligations shall be processed by the City in the, usual and customary manner and time frames. Records The Association sfiall keep an adequate itemized record of its financial transactions and shall make availabie annually, to the City and to Agency Fee payers, within 60 days after the end of its fiscal ARTICLE lll (continued) year, a written financial report thereof in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. The Gity shall prodide the Association a list of all unit membe~s and dues paying status with each Association dues check remitted to the Association: Rescission of Apreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majo~ity vote of all fhe empioyees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) per cent of the employees in the unit. .The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Association shall indemnify, defend and hoid the City harmless from and against all claims and liabilities as a result of implementing and maintaining this agreement. Section B. RIGWT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this contract all unit members who.choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April,15, or later than May 15, of the year this MOU expires. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period. The City and the Association agree that neither shall discriminate or retaliate against any employee for the employee's participation or non-participation in any Association activity. s ARTICLE 1I! (continued) Section C. USE OF.BULLETIN BOARDS The City shall provide for the Association's use, designated bulletin boards where emplayees in the bargaining unit have access during regular business hours subject to the following conditians: a) all postings for bulletin boards must contairr the date of posting and the identification of the organization and; b) the Association will not post information which is defamatory, derogatory or obscene, subject to the immediate removal of the right to post for a period not to exceed 90 days: Locking tiulletin boards will be made available in the Library, City Hall, Fire Station #1, Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #2, and the City Service Center at a location approved by the Department Administrato~, or City Manager. Section D. PAYROLL DEDUCTION The City will deduct from the second paycheck of each month and remit to the. Associafion, pay of Association members the normal and regular monthly Association membership dues as Voluntarily authorized in writing by the employee subject to the following conditions: Such deduction shall be made only upon submission of deduction form to the. designatecJ City representative. ' Said form shall be duly completed and signed by the employee. 2. The Gity shall not be obligatetl to put into efFect any new, changed or discontinued deduction :until the pay period commencing fifteen days or longer after such submission. Every effort will be made to remit dues to the Association within two weeks of receipt. The Association agrees to indemnify antl hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. Section E. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. The authorized Association Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative'shall'. contact the Human Resources Manageror his designate, to state the purpose of his visit and which -location he will be visiting, and 2. the Hurnan Resources Mlanage~ ordesignate determines that such visit shall not interfere with the operations of the department. In the event ,the: requested time~ andlor location of such visit by the Association Business Agent is denied because it would interfere with the operations of the department, the Human Resources Manager or his designate shall set an alternative time and/or location for such visit within 72 hours. The Association may schedule after work hours meetings in the City Conference rooms or the City Council Chambers at such #imes these facilities are nof in use by submitting a vrritten request to the appropriate City administrator which shall incfude the date, time, number of people expected, general reason for the meeting, and an acknowledgment that no food or beverages will be consumed in City facilities. Approval will be granted in the same manner as it is g~anted to other organizations. Section F. ASSOCIATION STEWARDS 1. Three (3) stewards who are authorized to represent the Confidential/Supervisory/Professional employees and the four (4) stewards who are authorized to represent the General emplqyee ~bargaining unit shall be selected in such manner as the Associafion may determine. The Association shall notify the employer in writing of the names of the seven (7) stewards. 2. The three .(3) stewards wha are authorized to represent the Confidential/Supervisory/Professional employees and the four (4) stewards who are authorized to represent the General employee ba~gaining unit shall be permitted one:day off without pay each calendar year to attend a training session. Advance written notice of no less than fourteen (14) calendar days shall be given to each steward's supervisor. 3. Association stewards are aHowed reasonable release time to participate in meetings related to negotiations. In addition, a steward shall be provided release time during his/her regular work hours for the purposes of: io ART/CLE Ill (continued) . Representation at a meeting that is reasonably expected to result in discipline when the Association Business Agent is not available to be present, • Representation at a grievance hearing. • Special meeting with. Human Resources Manager, or designee, and Association Business Agent to resalve problems within the scope of bargaining. ~ , . A fifteen (15) minute orientation period with new hires at the ' beginning of a' new employee orientation conducted by the Human Resources Division. No release time is provided for the preparation, investigation, or processing of discipiinary issues, grievances, or other Association business. To facilitate ~the process, the steward shall contact the Human Resources Manager.or designee to arrange the time to conduct Association business as described above. Nofi more than one (1) of'the designated steward representatives may participate in any special meeting to resolve a problem within the scope of bargaining or grievance hearing at one time unless agreed to by the Human Resources Manager. Time spent on steward activities outside of normal working hours is not compensable. Section G. REASONABLE NOTICE The City will provide fifteen (15) business days notice prior to final impiementation of changes to' wages, hours of work, or other terms and conditions of employment within the scope of negotiations. Upon written notice from the Association outlining the area(s) of concern, together with the Association's p~oposal, the City will meet and confer on those matters that are within the scope of negotiations. In addition, the City.shall mail to the Association and the chief shop steward a copy of the agendas for each City Council and/or Human Resources Commission meeting. Section H. LIST OF NAMES The Association shall provide and maintain with the Ciry a current list of the names of all authorized representatives of the Confidential/Supenrisory/Professional Unit and the Gene~al'Employee Unit. 11 . ARTICLE 1V MANAGEMENT RIGHTS Section A. Except as limited by the specific and express.terms of this agreement, the City hereby retains and resenies unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California,: the Charter of the City of Arcadia and/or the:laws and Constitution of the United States of America The management and the di~ecfion ofithe work force of the City is vested exclusively in the City, and nothing in this ag~eement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire,,promote, demote, ; transfer, assign and retain employees in positions within the City, subject to the Pe~sonnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other.good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, mean§ and personnel by which the operations are to be carried out, including the right to subcontract unit work. i2 ARTICLE V COMPENSAT/ON Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's Retirement System. The City shall pay seven (7) percent of the employees' compensation earnable as Employer Paid Member Contributions and report the same percent of compensation eamable as special compensation. The City shall contract with the Publie Employees Retirement System to provide the 2% at 55 retirement program.to represented employees. The City ag[ees to contract with PERS to provide Association with a Military 5ervice Credit` option. it is agreed and understood that the employee is responsible for paying for this benefit. „ The Gity of Arcadia conducted a compensation study completed April 2005. The recommended.' salary atljusfinents shall be effective September 4, 2005, as identified in the compensation study. In the event a classification is placed at a higher range, employees in these classifications will be placed e maximum of 5% above their September 4, 2005 salary. After this placement on the recommended salary schedule, the schedule shail then be improved by 3.1% for all employees. If the recommended salary schedule as identified in the compensation study is greater than 5%, those employees will receive a 2.5% increase effective July 1, 2006, if they are not already at the top step of their salary range. The new salary schedule is attached as Appendix A. The City and Association agree to re-open the MOU on or about December 1, 2006, fo~ the sole purpose of ineeting and conferring, with respect to the next compensation study. Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than an approximate 5% increase in compensation unless the top step in such range provides less than that amount. Such one step of approximately 5.0%, shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. Section C. The parties acknowledge that the percentages beiween steps within a range are approximately 2.5%. Section D. The advancement through the salary steps is discretionary based upon satisfactory pertormance and continuous service in the same classification. The .following schedule is the continuous service time required for a qualified employee to receive each step increase: 13 ARTlCLE V (continued) A Step to C Step: 6 months All other Steps: 12 months Salary step advancements may be withheld or delayed by the appointing authority if an employee's performance does not merit such an advancement. During the term of this agreement individuals will advance in their rates of compensation two steps (approximately 5.0%) on their anniversary date upon receiving a satisfactory performance evaluation. 14 ARTICLE VI HDURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perForm essentiai work; a department administrator may require an employee(s) to work at any time other than during regular working hours un4il such work is.completed. Represented employees required to, be in a work status •beyond forty (4Q) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one-half times the employee's regular hourly rate: For purposes of overtime caiculation, paid sick leave when accompanied by a doctor's slip verifying illness and ail other paid leave time shali be regarded a§ hours worked. No overtime credit shall be allowed for any period less than one-quarter hour. Overtime shall be rounded to the nearest one-quarter hour. When a represented employee is directed by his/her department administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a designated work week, the employee shall be paid at the rate of time and one-half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. The Department Administrator or City Manager may permit an employee to take compensatory time in lieu of paid overtime. ~th Department Administrator approval, represented employees shall be permitted to accumulate compensatvry time only to a maximum of one hundred (100) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. An employee who has accrued compensatory time and reguested use of accrued compensatory time, shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operation of the City. An employee's request to use compensatory time shall not be denied on the basis that it would require the payment of overtime to the replacement employee. The City wiil assist`employees by posting the opportunity, however, it is the responsibility of the employee to find coverage. Section B. REST PERIODS Represented employees, except Dispatcher I's and Dispatcher II's, shall receive for each eight {8) or nine (9) hour shift worked, at the discretion of the respective department, iwo (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Office personnel shall not leave City property during break periods, and field personnel shall take breaks at the work site. Employees in transit between work sites may take their rest period at a location befinreen the normal route of work locations. Rest periods are for the good of the employee, but periods ~5 :,t.:. .. ARTICLE V! (confinued) cannot be used to make up for other lost time. Rest penods are not cumulative and may not be taken concurrently with lunch periods. Section C. WORK SCHEDULES (1) The City may estabiisn and change work schedules, work times and work hours, and assign employees thereto, in its sole discretion; provided, however, if the City decides to eliminate a current alternate work schedule (5/40, 9/80, 4/10, 3/12 or 3/13.20), the City agrees it will meet and confer with the Association prior to eliminating the altemate work schedule. If, after meeting and conferring with the Association, the City decides to proceed with its decision to eliminate an alternate work schedule, affected employees shall receive a minimum of two (2) weeks notice of the change. (2} Except for emergencies and temporary changes in work schedules, work times and work hours, which shall be defined for six months or less, affected employees shall be given a minimum of two (2) weeks notice of change in work hours, work times and work schedules. In the case of an emergency or temporary change in work schedules, work times or work`hours, reasonable notice shall be given to affected employees. (3)' Employees .assigned to rotating schedules shall be allowed tp conduct mutually agreed upon shift trades for each rotation, subject to management's right to deny or limit such trades due to operational reasons which include, but are not limited to, an employee's probationary status, an employee's performance issues, or employee training. 16 ARTICLE Vll STABJLITY PAY Section A. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service; Amount of Service Amount 11 $275., 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between December 1 and December 10 only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility reguirements. 17 ARTICLE V/11 TUITION REIMBClRSEMENT Section A. The Tuition Reimbursement Prog~am will operate on a fiscal year basis (July 1 through June 30). Maximum tuition reimbursement, including on campus parking fees and textbooks is $2,500.00 per fiscal yea~. School supplies are not reimbursable. The reimbursement shall only be for courses that are directly related to the employee's position as determined by the City Manager. Only courses, specialized training, or degree programs "job-related" to pe~manent full-time positions will be considered for tuition reimbu~sement. Prior to reimbursement of costs, all course work must be compieted while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. Any employee who shall terminate employment within one year from the completion of a class or classes shall refund all tuition paid under this provision unless he was required to attend by the appointing power. is ARTICLE !X MILEAGE RElMBURSEMENT Section A. Mileage is reimbursed at a rate established by the City for travel in an employee's personal vehicle in connection with City business. Prior approval must be obtained from the immediate supervisor or department head. If travel is required frequently during a month, reimbursement will be made once a month. Completed mileage forms shall be submitted to the department head consistent with the administrative policy. Any employee authorized to use a personal vehicle must maintain an insurance policy meeting the standards estatilished by the Ciry Manager. 19 ARTICLEX HEALTH. DENTAL AAID LIFElNSURANCE Section A. The City will continue to provide Health, Dental and Life Insurance benefits to each full-time employee in a classification"represented by this agreement. The City shali pay up to a maximum of $595.00 per month per employee for coverage. For full- time employees, if the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or to the employee in cash or a combination of both. The employee h as the option of having any amount in excess of the premium contributed to the employee's account in the City's deferred compensation plan instead of receiving cash. The City shall pay up to a maximum of $297.50 per month per permanent part-time employee for coverage. For permanent part-time employees, if the City's contribution exceeds the cost of employee only coverage, the difference may be contributed toward the cost of dependent coverage only. If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee's exercise of the option to use the difference toward dependent. health coverage or the deferred compensation plan is subject to the conditions controlling enroliment periods and eligibility established by the respective plans or carriers. Section B. Effective July 1, 2003 the City shall provide regular full-time employees in a classification represented by this Agreement with the following contributions: CaIPERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance - mandatory enroilment The City will contribute $13.20 per month for employee only enrollment in one of the two dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optional Benefits The City shall`contribute $565.80 per month per eligible employee toward an optional benefits plan. The employee may receive this amount in cash or may elect to use coverage for him/herself or his/her dependents for City- approved benefits options, including but not limited to, dental insurance, supplemental life insurance, optional long term disability insurance or deferred compensation plan. Any monies received in cash will be considered as taxable income. zo ARTICLEX (continued) The employee need not enroll in a medical plan to be eligible for optional benefitg allowance provided _ that the employee annually during open enroliment, sign a waiver and refusal of coverage. Dependent enrollment will require proof of efigibility for dependent status such as macriage,birth and adoption certificate. Life Insurance The City shall continue to provide $7500.00 life insurance benefit for eligible employees. 5. The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years 2005/06 and 2006/07. This vision plan will be Vision Service Plan, option B. The City will pay the premium up to the cost of the family plan. Section C. Effective July 1, 2003, the City shall provide regular part-time employees in 9 classification represented by this Agreemen4 with the following contributions: 1. CaIPERS Health Program The City will contribute $16 per month per employee for health insurance. 2. Dental Insurance - mandatory enrollment The City will contribute $13.20 per month for employee only enrollment in one of the iwo dental plans. Additional coverage may be purchased through the Optional Benefits allocation. 3. Optionsl Benefits The City shall contribute $268.30 per month per eligible employee toward an optional benefits plan. The employee may receive this amount in cash or may elect to use coverage for hirn/herself or his/hec dependents for City- approved benefits options, including but not limited to, dental insurance, supplemental life insurance, optional long term disability insurance or deferred compensation plan. Any monies received in cash will be considered as taxable income but not considered base salary for purposes of overtime calculation. The employee need not enroll in a medical plan to be eligible for optional benefits allowance provided that the employee annually during open enroliment, sign a waiver and refusal.of coverage. Dependeht enrollment will require proof of eligibility for dependent status such as marriage, birth and adoption certificate. zi ARTICLE X Section D. (continuea~ 4. Life Insurance The City shall continue to provide $7506.00 life insurance benefit for eligible employees. 5. The City shall provide each employee with a vision plan, with the City paying the premium in fiscal years 2005/06 and 2006/07. This vision plan will be Vision Service Plan, option B. The City will pay #he premium up to the cost of the family plan. RETIREE HEALTH INSURANCE The City agrees to pay the employee-only health insurance monthly premium cost for eligible City retirees. An eligible retiree is an employee who retires from City service on a service. disabilitv, or industrial disabilitv retirement and has one thousand (1000) hours of accumulated sick leave at the date of retirement. Such payment shall cease when Medicare coverage starts. If the retired employee has other group medical coverage.available to the employee, then this other group insurance shall be primary and the City's health insurance plan shall function,as a secondary co-insurance. In order to be eligible for retiree health coverage, the employee must be enrolled in a City-sponsored health plan as of the re4iree's last day of work and maintain eligibility to continue in the CaiPERS Health Program as stipulated by the Health Program. An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of retirement may purchase up to a maximum of four hundred eighty (480) hours worth of sick leave in an amount equal to the employee's daily pay rate at the time of retirement to meet the one thousand (1000) hour requirement, with the following restrictions: The employee must have reached the age of 55; and 2. The employee must be employed by the City of Arcadia and must have worked full-fime for the City of Arcadia for a Minimum of 15 years. An employee may convert the dollar value of accumulated vacation hours to reach the dollar value of one thousand (1000) hours accumulated sick leave requirement. selected by the retiree will be refunded to the retiree by the City on a monthly basis based on a report by CaIPERS of the retiree's continued enrollment. Effective February 1, 1999 retirees will be subject to the terms of the CaIPERS Health Program. In this program the City will pay to CaIPERS $1.00 per month for the retiree's health insurance. This amount increases annually by 5% until it is equal to the City contribution for active employees of $16.00 per month. The difference between this contribution and the employee oniy cost of the insurance 22 ARTICLE X! D/SAB1LlTY 1NCOME lNSURANCE SecYion A. The City shall provide disability income insurance up to a maximum total monthly payment of $12.81 per eligible employee, as currently defined by the insurer to be an employee who works at least 30 hours per week, during the life of the agreement. 23 ARTICLE Xll MEDICAL EXAMINATlONS Section A. All medical examinations required by the City shall be paid' for• by the City in accordance with the City of Arcadia Personnel Rules and Regulations. Section B. An employee at any time may be required by the appoinfing power to take a medical examination, paid for by the City, to determine fitness for duty. 24 ARTICLE X1N UNIFORMS Section A. Upon hire, the City shall provide the following employees with seven (7) sets of uniforms consisting of shirts and trousers. • Communication Specialist • Custodian Upon hire, the City shall provide the following employees with five (5) shirts: ^ Public Works Inspector ^ Code Services Officer ^ Combination Inspector ^ Senior Code Services Officer Upon hire, the City shall provide the . following employees with four (4) sets of uniforms corisisting of long sleeve shirt, short sleeve shirt, pants/skirt, cross-tie/tie, and one sweater or one medium weight uniform jacket. • Community Services Officer • Dispatcher I/ll • Dispatcher Services Supervisor • Evidence Technician • Fire Inspector • Fire Adminisfration Specialist • Police Records Technician Illl • Senior Police Records Technician • Office Assistant (assigned to the Fire & Police Department) Uniforms shall be replaced on an as needed basis, pursuant to department procedures. In addition to the above uniforms, the City shall provide polo shirts for the following employees: • Communications Specialist (4) • Police Records Technician I/II (2) • Dispatcher I/l I (2) . Dispatch Services $upervisor (2) e All other employees represented by this MOU shall receive one (1) Polo shirt yearly. Section B. Upon termination of employment the employee shall turn in all uniforms issued or shall have a dollar amount equal to the lost uniform cost deducted from the employee's final check. zs ARTICLE X!U(continued) Section C. The City shall provide a safety shoe allowance up to a maximum of $125 per fiscal yea~ fot each employee in the following classifications: Combination Inspector, Senior Code Services Officer, Code Services Officer, Community Services Officer, Custodian, Fire Inspector, and Public Works Inspector. The City shall designate safiety shoe standa~ds for the above classifications. A purchase order, not to exceed fhe maximum fiscal year amount referred to above, shall be provided upon the employee's requesf. Once the employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limite.d to City work hours. 26 ARTICLEXN LEAVES OFABSENCE Sectian A. NON-MEDICAL LEAVES WITHOUT PAY Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of. the City .Manager shail have power to grant leaves of absence without pay subject to the foilowing.restrictions: l.ength - leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a.war or national emergency or as required by the Military and Veterans' code. 2: Reason - a leave of absence may be granted an empioyee, provided he/she meets all other requirements set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his service, who enters military service of the United States, who is temporarily incapacitated by illness, or who presents some other reasons equally satisfactory. Right to Return - 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/her leave of absence. Therefore, a leave of absence shall be granted only, to an employee ivho intends to retum to his/her classification with the City. 4. Service Record - no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. 6. The granting of a leave of absence of thirty (30) days or less, with or without pay, shall not constitute an interruption of senrice wittiin the meaning of this subsection. The granting of a leave of absence with or without pay of more than thirty (30) days shall constitute an interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. 7. The City shall continue to provide health, dentai, life, and disability insurance for an employee granted a leave of absence for up to 30 calendar days. It sheli be the responsibility of the employee who wishes fo continue any insurance coverage beyond the 30 calendar days, to notify the Human Resources O~ce of his/her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. 27 ARTICLEX/V (confinued) Section B. FAMILY CARE AND MEDICAL LEAVES Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant Family Care and Medicaf Leaves. In accordance with the Federal Family and Medical Leave Act ("FMLA") and the Califomia Family Rights Act ("CFRA"), the City of Arcadia will provide family and medical leave for eligible employees, as defined. a. Definitions "12-Month Period" - means 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Child" - means a child under the age of 18 years of age, or 18 years of age or older who is incapabie of self-care because of a mentai or physical disability. An empioyee's child`is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster child, step- child, or child of whom the emqlovee is the leaal quardian. "Serious health condition" - means an iliness, injury impairment, or physical or __ . mental contlition that involves: 1) Any period of incapacity or treatment in connection with or inconsequent to a hospital, hospice or residential medical care facility; 2) Any period of incapacity requiring absence from work of more than three calendar days, that also involves continuing treatment by (or under the supervision o~ a health care provider; 3) Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or 4) Prenatal care by a health provide~. "Continuina't~eatments" means: 1) Two or more visits to a health care provider; 2) Two or more treatments by a health care practitioner (e.g. physical therapist) on referral from, or under the direction of a health care provider, or za ARTICLEX/V (continued) 3) A single visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider (e.g. medication therapy). b. Leave is only permitted for the following reasons: The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; 3. Leave to care for a child, parent or a sPouse who has a serious health condition; or 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. c. An empioyee is eligible for leave 'rf the employee: Has been employed for at leasf 12 months; and 2. Has beem employed for at least 1,250 hours during the 12-month period immediately preceding the cammencement of the leave. Eligible empioyees are entitied to a total of 12 workweeks of leave during any 12-month period. The 12 workweek period does not include leave taken for an employee's pregnancy disability pursuant to Government Code Section 129452. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. e. Emalovee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Arcadia's group health insurance to the same extent that coverage is provided while,the;employee is on the job. Employees may make 4he appropriate contributions for continued coverage under the proceeding benefit plans by payroll deductions or direct payments made to these plans. Employee contribution rates a~e subject to any change 29 ARTlCLE XIV (continued) in rates that occui's wFiile the employee is on leave. If an ernployee fails to refurn to work after his/her leave entitlement_ has been exhausted or expires, the City of Arcadia Shall have the. right to recover its share of health plan premiums for the entire leave period, uniess the employee does not retum because of tlie continuation, recurrence, or onset of a serious health condition which would entitle the employee 40 leave, or because of circumstances beyond the employee's control. The City of Arcadia shall have the right to recover premiums through deduction from any sums due the City of Arcadia (e.g. unpaid wages, Vacation pay, etc.) f. If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave) in connection with the leave. An employee may elecf to exha,usf part or alt of the employee's sick leave while on an approved Family Medical Leave to care for a chiid, parent or spouse: The exhaustion of accrued leave, a~d sick leave if any is used, will run concuF~ently with the leave under this policy. If an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the empioyee must also exhaust accrued sick leave. g. Employees who request leave for their own serious health condition or to care fo[ a child,"parent or a spouse who has a serious health condition must p~ovide written certificatfon from the health care provider'of the individual requiring care: " If the leave is requested because of the employee's own serious health condition, `the cerfification must indude a statement that the employee is unable to perform the essential functions of his/Fier position. if the City of Arcadia has reason to doubt the validity of a certification, the City may require another medical opinion at the City's expense. When the second opinion differs from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, at the City's expense. The opinion of the third provider will 6e binding. if an employee requests leave intermittenUy (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the empioyee must provide medical ceRification that such leave is medically necessary. "Medically necessary" means there must be a medical need forthe leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. 30 ARTlCLE XlV (continued) . Although the City of Arcadia recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as , possible ` of their need for leave. If leave is foreseeable, at least 30 days nofice is required. In addition, if an employee knows that he/she will need leave in' the future; but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn ), the employee siiall inform`his/her supervisor as sopn as possible that such leave will be needetl. if the.City of Ai~cadia determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City of Arcadia may defay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. Upon expiration of leave, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position. As a'condition of restoration of an employee whose leave was due to the employee's own serious Fiealth condition, which made the empioyee unabfe to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide`such certification will result in denial of restoration. Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) Any_employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitied to a teriiporary military leave of absence as provided by applicable Federal law and applicable California State law, To be eligible for paid leaye for 30 calendar days of active military training, an employee must haye been employed by the City for a period of not less than one yea~ immediately prior to the day on which the leave of absence begins. If the employee has not been employed for a period of one year, the leave shail be granted without pay: Pay shall not exceed 30 calendar days in any one fiscal year. An'employee on paid military leave shall continue to accrue vacation, sick leave, seniority and/or holiday in the same manner as the employee would have, had the employee been in a work Status. To be eligible to receive the leave, an employee must submit a request in writing with a copy of his/her military orders to his/her immediate supervisor for processing. 31 ARTICLE XIV (continued) This leave Provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to-vacant positiohs after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. Section D. VACATION LEAVE a. Accumulated vacation leave shall be granted at the discretion of the appointing power. b. Vacation may not be accumulated beyond the amount accumulable for a sixty- five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not tieen a pattem or practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces this total below the allowable maximum within six (6) months. c. An empioyee who has preViously reguested and was granted approval' of vacation leave for use during the last three (3) months of the calendar year and is unable to utilize such leave becau5e 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. Upon terrnination, vacation used shall be pro-rated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted atl accumulated vacation o~ shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for 50% of that pay period's vacation. e. Full-time empioyees represented by this agreement, with the exception of temporary appointmenfis shall accumulate vacation with pay beginning with the first full pay periotl of employmenf at the rate of 3.07 hours per pay period during the first five years of continuous full-time employment with the City; at the rate of 4.61 hours per pay period between the employee's fifth and tenth anniversary date of continuous full-time employment; at the rate of 5.23 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full-time employment, and at the rate of 6.15 hours per pay period after fifteen yea~s of continuous full-time employment with the City. 32 ART/CLE X/V (continuec~ Every full-fime employee represented by this agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first fuil pay period of employment. Vacation shal! be accrued based on years of service as follows: 1-5 years 80 hours 6-1o years 120 hours 11-15years 136 hours 16+ years 160 hours Part-time employees represented by #his agreement, with the exception of temporary appointments shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 1.54 hours per pay period during the first five years of continuous employment with the Ciry; at the rate of 2.31 hours per pay period between the employee's fifth and tenth anniversary date of continuous employment; at the` rate of 2.62 hours per pay period beiween the employee's tenth end fifteenth anniversary dafe of contin~ous empfoyment, and at the rate of 3.07 hours per pay period after fifteen years of continuous employment with the City. f. Vacation scheduling for the dispatch, records, and community services officer wo~k sections, exciuding supervisory and management employees, shall be determined by seniority within each work section, provided that the employee's vacation request is made within one month prior to the applicable maste~ vacation schedule. Requests made during the applicable period of fhe master vacation schedule will be considered on a first come, first served basis. g. Employees may elect to sell back vacation during a calendar year equal to the amount of vacation taken during the year, by the date of the request, not to exceed a maximum of 80 hours in the calendar year. Section E. SICK LEAVE a. Every full-time employee represented by this agreement shall acc~ue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City. Employees may accumulate up to-a maximum of 1,500 hours of sick leave with pay. b. The City Manager or designee may require a medicai examination by a physician or evidence of.,the reason;for an absence of any employee during absence on eccount of iilness of such employee. c. Except as provided hereinafter, sick leave means authorized absence trom duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during 33 ~~. ;,, regular working hours. Every effort shall be made to schedule appointments during non-working hours. Employees that are injured on duty, and the injury is recognized as such by the City or the WCAB, and not eligible to receive salary to supplement workers' compensation temporary disability benefits under Section J of this Article, may request that accrued sick leave be,paid to supplement workers' compensation disability payments. Sick leave may be used 6y an employee when his care and attendance is required by a family cJependent who requires the employee's presence at the dependent's metlical or dental appoinfiment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. e. The appointing power and City Manager may require evidence of the reason for any employee's absence caused by illness or tleath in the immediate family of the employee during the time for which sick leave is requested. In case of absence due to iliness, the employee shall notify his department in accordance with departmental rules and explain the nature of the illness. If an employee is requested to provide a doctor's certification for their iliness or the illness of their dependent(s), the request for the certification shall be made prior to their retum to work. The appointing'power and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by compensafed outside employment. g. Part-time employeeswlio'work more than forty (40) hours in a pay period shall receive sick IeaGe in the same manner and under the same conditions as full- time employees at one-half the level of full-time employees: Section F. BEREAVEMENT LEAVE At the time of death, or where death appears imminent, in the immediate family, an employee, may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager. Immediate family is defined as the spouse, the employee, or employee's spouse's mother or stepmothec, father or stepfather, brother or sister or step sibling, child or stepchild, grandparents, grandchildren, or any relaUve of the employee or employee's spouse residing in the same househoid. Such leave, shall be granted based on employee's current work shift up to a maximum of three (3).shifts. 34 Section G. HOLIDAYS Each employee in a classification represented by this MOU shall be allowed the following holidays with pay: New'YeaPs Day - January 1 PresidenYs Day - The 4hird Monday in February . Memorial Day - The Iast Monday in May Independence Day - July 4 Labor Day - The first Monday in, September Veteran's Day - Nouember 11 Thanksgiving Day - The fourth Thursday in November The Friday following the fourth Thursday in November Chnstmas Eve - December 24 - 4 hours Chnstmas Day - December 25 New Year's Eve - December 31 - 4 hours Every day :appointed by the City Council for a public fast, thanksgiving or holiday. 2. Whenever New Year's Day - January 1; Independence Day - July 4; Veteran's Day- November 11; or Christmas Day - December 25, falls on a Saturday or Sunday; the Friday preceding or the Monday following~ respectively, shall be a holiday: : 3. ,In lieu of a citywide holiday to celebrate Dr. Martin Luther King's birthday, full-time employees shall receive one.floating holiday tp be scheduled by the employee in the same manner as vacation leave. . In lieu of a citywide holiday to celebrate Admissions Day,:full-time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. Floating holidays do not carry over into subsequent fiscal years. Failure to timely schedule the days off shall result in their loss. if the City adopts Dr. Martin Luther King's birthday or re-adopts Admissions Day as a citywide holiday, the floating holiday(s) shall cease and eligible employees shall receive the citywide holiday. 4. Each employee in a classification represented by this MOU shall be allowed eight (8) hours floating holiday for his or her birthday to be scheduled by the employee in the same manner as vacation days are scheduled. Floating holidays do not carry over.f~om calendar year to catendar year. Failure to schedule the'day off within the calendar yearshalf result in its loss. 5. An employee required to work or attend a class' or function on any holiday allowed to hirn by this Section shall be paid for the holiday, and in addition, he shall be compensated in accordance with the applicable overtime rules. A holiday allowed by this Section occurring during any leave of absence with pay shall be added to the number of working days' leave of absence to which such employee is entitled. 35 For full-time employees assigned to an alternate work week, and scheduled to work 9 or more hours, but for the holiday would have been schedu led to work 9 or more hours, the employee may, use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up any difference between the provid"ed nine hou~s of holiday pay and the actual number of regularly scheduled wo~king hou~s for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to wo~k ten {10) hours, tlie employee shall receive nine (9) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day: 7. For full-time employees assigned to an alternate work week, if a holiday falls on a Friday that Gity Hall is closed under the 9/80 plan, eacti employee shall receive an eight (8) hour floating holiday. Floating holiday time is not accruable and not payable if unused. The floating holiday must be used by the end of-the fiscal year in which it is granted or itshall be forfeited. Salary for the holiday shall be paid duFing the pay period in which the holiday occurs. 8. Represented part-time employees who work more than forty (40) hours in a pay period shall receive holidays in the same manner and under the same conditions as full-time employeeS at one=half the level of full-time employees. Section H. JURY LEAVE When an employee is called or required to serve as a juror, attendance shail be deemed a leave of absence with full pay. The City will compensate jury service up to eighty (80) hours per year. All hours in excess of eighty (8~) shall not be compensafed. The employee shall remit to the City all fees received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service more than two (2) hours prior to the end of the normal work schedule; an employee shall report as soon as practical to full duty. Section I. COURT WITNESSLEAVE An employee who is subpoenaed or required to appear in court as a witness shall be deemed to be on leave of absence. With approval of the appointing power and City Manager, an employee may be granted leave with pay during his required absence. The employee shall remit to the City fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal casea Section J. INDUSTRIAL ACCIDENT LEAVE Industrial accident leave shall be granted only to employees with three or more full years of continuous service with the City. 36 ART/CLEXIV (continued) 2: Industriaf accident leave shall be allowed for a maximum of ten months from , and after the date of injury. Industrial accident leave shall be equivalent to the employee's.regular base salary and any temporary disability compensation payment required by law shall be,deducted from the industrial accident leave payment. Lost time due to an injury on duty shall no4 be charged against an employee's accumulated sick leave after all industrial accident leave is expended. 3. Compensation shall continue untii the employee returns to work, industrial accident leave is exhausted, or it is medically determined that there is a , permanent disability which precludes retum to regular duties, whichever occurs first. , 4. The City reserves the right to require an employee to furnish proof from a physician of the cause and necessity of absence during an industrial accident leave. 5. "Industrial accidenY' as used in this Article, is defined as any illness or injury arising directly out of the employment of the employee which forces the employee to absent himself/herself from work upon the advice of a physician. The determination of whether an illneSs or injury results from an industrial accident shall be made by the City in consultation with its Workers' Compensation administrators. 37 ART/CLE XV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the ' probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit o~ unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for hvelve (12) months before attaining permanent status. For the classifications of Dispatcher I, Dispatcher II, Community Service Officer, and Police Records Technician I/ll and Senior Police Records Technician the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position, shail be eighteen (18} months: Eligible candidates appointed from a promotional list to these classifications, (except Dispatcher 1 promoting to a Dispatcher 11) shall be on probation twelve (12) months before attaining permanent status. A Dispatcher I who has successfuily completed probation and is appointed from a promotional list to Dispatcher ll shall be on probation for six (6) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on proba#ion for six months before attaining permanent status. Section D. Probationary period may be extended for a one six (6) month period with the approval of the Human Resources Manager. Section E. A probationary employee who is holding a promotional position shall have the right to demotion to the classification in which he/she holds a permanent appointment, unless helshe was discharged for cause from City employment. 38 ARTICLE XV! Section A. AC71NG PAY SPEClAL PAY Any employee in the unit who is required, in writing, to work five (5) consecutive working days or longer in a higher class~cation which is vacant due to sick leave, injury leave, vacation, termination or move up due to acting pay shall receive the following acting pay retroactive to the first day. of the assignment: 1. five (5) percent above their current rate of pay or A step of the higher classification; whicheveris higher; ot 2: should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. Section B. CALL-BACK PAY If a unit member is required while;off duty to report back to work on a call-out, he/she shall receive a minimum of two (2) hours pay at straight time or the hours actually worked.at the appropriate rate of compensation, whicheverisgreater. Call back pay shall commence upon the arrival of the employee at the work site. Section C, BIUNGUAL PAY A maximum of five (5) employees in the Classifications of Police Clerk and Community Services O~cer in the Police Department may be certified as bilingual by the City. Once certified, the employee shall receive a bilingual pay stipend of $30 per month. Any employee who is not certified as bilingwaf~by the City shali not be required to use a ianguage other than English. However, when a member of the public, who does not speak English asks an employee for assistance in a language other than English that the employee understands,-the employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. Section D. DISPATCH TRAINING PAY During the term of this agreement, a Dispatcher assigned by the Chief or his designee to perform the extra duty and responsibility of training new Dispatchers shall receive $50.00 per pay period, in addition to their base salary, only while in the capacity of training a new Dispatcher. 39 ARTICtEXVII LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may layoff an employee because of change in duties or organization, deletion of service, adverse wo'icing conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be based on performance (outlined in Section C below), and in the reverse.of total cumulative time served in the same classification upon the date ~ established for the layoff to become effective. The order of empioyee layoff in a department shall be as follows: temporary, provisional, probationary, permanent. The employee in the class with the least seniority in the department will be laid off and may exercise bumping rights, if any, to the least senior incumbent in the class in the City. However, if a vacancy exists in the class, there will be no bumping and the employee who is to be laid off will be reassigned to the vacant position. Classified employees may only bump or voluntarily demote to a classified position and unclassified employees may oniy bump or demote to an unclassified position, Permanent full-time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee's seniority in the department is greater than the most junior employee holding the lower position. Permanent part-time employees may in lieu of layoff voluntarily demote to the next lower part-time classification that the employee previously held within the unit, pravided such employee's seniority in the department is greater than the mostjunior employee hoiding the lower position. Employees in classifications which are found in more than one Department may in lieu of layoff voluntarily transfer to another City department in the same classification, or lower classification, provided there is a funded vacant position or provided the employee's seniority is greater than the most junior employee holding the position, An employee who transfers across departmental lines shall serve a six month probationary period, If the employee fails the probationary period the employee shall then be placed on the re-empfoyment list, and the employee who was laid off shall be reinstated. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon re-employment lists in the reverse order of the layoff. Re-empioyment lists shall remain effective for eighteen (18) months from the effective date of separatio~ from service. Failure of the employee on the re-employment list to provide he City their current address shall result in the employee's name being removed from the eligibility list. 40 Section C. DEFINITIONS Emplovee - Permanent full-time and permanent part-time worker of the City of Arcadia who has been employed by the City for twelve. consecutive months. Lavoff - Permanent separation from employment with the City as a result of a work reduction. ` Performance - The rating received by the employee from the City of Arcadia's evaluation process. For the-purposes of layoffs, seniority will only be disregarded if an employee's overall performance evaluation rating in any one of the last three years is below proficient.' In such case, the layoff shall be based upon performance. Work Reduction - A decrease in the 1eveF of service or amount of product output by the City. 41 ARTICLEXVI!! PERSONNEL FILES ' Section A. The City shall maintain a central personnel file for each employee in 4he Human Resources Office. Supervisors may maintain working personnel files. If a supervisor maintains a working personnel file, copies of written material .which is to be used as a basis for employee discipline shall be sent to the central personnel file and given to the employee. Copies of performance evaluations and/or disciplinary actions shall not be entered in the file, until the employee is given a copy and an opportunity to review and comment thereon. The employee shall be given an opportunity during working hours to initiai, date, and file a written response to the material. The written response shall be attached to the material. Copies of letters of commendation and/or certificate of commendation from the City Councii or City Manager shall be placed in the employee's personnel file. An employee or their designated representative (in .writing) shall have the right to examine andlor obtain copies at the employee's expense, of any material from the employee's personnel file with the exception of material that includes ratings, reports and records which were obtained prior to the employment of the involved employee. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. 42 AR7ICLEXIX EMPLOYEE GRIEVANCES Section A. DEFINITIONS Grievance A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applicable, Memorandum of Understanding or City andlor Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. 2. Grievant An empioyee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations: 3. Department Head The department head or designee. 4. Work day A work day is any day the City offices are regularly open for business. 5. Exclusions from the Grievance Procedure a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or a City/Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or perFormance reviews. Allegations that the Ciiy has failed to comply with an evaluation procedure set forth in a specific provision of the MOU and/or City/Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. 43 ARTlCLEX/X (confinuedJ The procedure. is not intended to be used in cases of oral or written reprimand, demotion, suspension, removal or' other disciplinary action. Appeals of'disciplinary actions are covered by the City's Personnel Rules and Regulations. e. The procedure is not to be used to challenge examinations or appointment to positions. Notwifhstanding the' above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU and/or City/Department Personnel Rules and Regulations, a grievance may be filed. Sectioh B. TIMELINESS The grievance must be filed by the employee within the timelines set forth herein. Failure of the employee to file the initial grievance or process the gtievance from one level to another in a timely manner is a forfeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next'IeVel. Section G. EMPLOYEE REPRESENTATION The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonable amount of released time to process the grievance. The release time must be approved by the Department Head. Section D. INFORMAC GRIEVANCE PROCEDURE Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably haVe known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with his or her immediate supervisor. Section E. FORNIAL GRIEVANCE PROCEDURE First Level of Review: Next Level Supervisor If the employee is not able to resolve the grievance after discussion with his or h'er immediate supervisor, within ten (10) working days after the informal discussion with the immediate supervisor, the employee shall present the g~ievance in writing 4o'the ne~ct level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly vio{ated. 44 ARTICLEXIX (continued) b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which fhe violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within ten (10) working days after receiving the grievance: , 2. Department Head Review If the employee does ~ not agree with the decision of the next level supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and the immediate supervisor to attend a grie.vance meeting. The department head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer. Human Resources Manager If the employee ,is not in agreement with the decision reached by the department head, within ten (10) working days after receiving the department head's decision or twenty (20) days from the date the department administrator received the grievance but failed to issue a decision, the employee shall presen4 the grievance in writing to the Human Resources Manager on the official City grievance form. The Human Resources Manager may require the empioyee and the immediate . supervisor. to attend a grievance meeting. The Human Resources Manager shall communicate a decision in writing within ten (10) working days of ~receiving the grievance or the holding of a grievance meeting whichever is longer. ~ 45 ARTlCLE XIX (continued) Human Resources Commission If the employee is not in agreement with the decision of the Resources Manager o~ if the Human Resources Manager has respond, the employee' shall p~esent the grievance ReSources Commission withfn ten (10) working days receipt of'the Fiuman Resou~ces Manager's decision or from the date the Human'Resources Manager received #ailed to issue a decision. ` °' Section F APPEAL TO HUMAN RESOURCES COMMISSION to the Human failec! to Human from the date of twenty (20) days the grievance but 1. SchedulingofHearing: Upon receipt of the request for an appeal, the City shall, within thirty (30} days; transmit the appeal to th'e Human Resources Commission. The Commissiori shall schedule`a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60} working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date; time; and place of the hearing at least ten (10) woYking days prior fo tYi'e hearing. 2. Public Mearings All hearings shall be open to the public. 3. Pre=Mearing'Procedure a: Subooenas° The Human Resou~ces Commission is authorized to issue subpoenas at the request of either party'prior to the commencement of tlie hea~ing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare`'tYieir own subpoenas and present them to the Human Resources Division of the Ad'ministrative Services Department and the other party. The "Human Resources Division of the Administ~atiVe Services Department will issue the subpoenas. The Human Re§ources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee o~ the`City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the written . request for subpoenas at leasti ten (10) working days before the date of the hearing. ` 46 ARTICLEXIX (continuec~ Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Hurnan Resources Division of the Administrative Services Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Fiesources 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 wiil be permitted to call during the hearing, a witness not identified pursuant to this section . nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of issues . Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of issues. 4. Submission to the Human Resources Commission Five (5) working days prior to :#he date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the jurisdictionai documents. Those documents include the grievance documents at each level and the responses to the grievance. Paymenf of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours wil! be released with pay to appear. at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. 47 ARTICLEX/X (confinuec~ 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 se~ious affairs; regardless of the ezistence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hea~say evidence' may"be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it woultl be admissible over objection in civil actions. d. The rules dealing'with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be exciuded. f. The Human Resources Commission shall determine relevanEy, weighY'and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties; shall be excluded from the hearing upon motion of either PartY• h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7: Burden of Proof In a grievance appeal the g~ievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request fior a continuance must be made in w~iting and submitted prior to the hearing to all' parties. Before requesting a continuance, the moving party shall contact all parties to` determine if there is any opposition to the continuance and shell state in its reque5t if there is opposition. . 9. Testimony under Oath All witnesses shall be sworn in fo~ the hearing. The chairperson will hand and respond to the following: the record prior to offering testimony at request the witnesses to raise their right 48 "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?° 10. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: The Human Resources Chair shall announce the issues after a review of the statement,of issues presented by each party. The grievant (employee) shall be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his/her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing argumen4s shall be permi4ted 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 Comrriission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow tne parties to submit written briefs and determine the number of pages of said briefs. 11. Pcocedure for the Barties The party representing the department and the party representing the employee.wili-address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any, time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 49 ARTICtEXIX (confinue~ 12. Right to Control Proceedings While the parties a~e genera~ly free to present their case in the order that they p~efer, the Chair reserves the~ right to control the proceedings, including, but not limited to, aitering the ortler of witnesses, limiting ~eduncJant or irrelevant testimony, or tiy the tlirect ques4ioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10} working days. 15. Recommended Decision The Human Resources Commission shall render iYs recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievants counsel. 16. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be provided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Human Resources Manager within ten (10) days of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may aiso request a transcript for review by the City Manager within ten {10) working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. so ARTICLEX(X (continwed) 17. Final Action by Gity Manager _ Within ten (10) working days.of the filing of exceptions, or within ten (10) days of receipt, of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to fhe employee and to the department head. 5~ ARTICLE XX D/SClPLINARY ACTIONS Section A. The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction; demotion or dismissed fo~ cause. A permanent employee in the classified senrice shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely, filed, a hearing will be scheduled by the Human Resources Commission. Probationary employees are subject to demotion or dismissal without cause or right to a hearing. Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEAL PROCEDURE A permanent employee who is being suspended, reduced in pay, demoted or dismissed shall receive from the appointing power a written statement of the charge(s) upon which the discipline is based, the City rule(s}, policy or regulation violated, together with any written evidence and/or witness statements the City is relying upon to support the statement of charges. The discipline letter shall be hand delivered, either by personal service or by the City sending the notice by Registered Mail as provided herein above, the employee shall have 30 calendar days within which to file with the Human Resources Manager a written request for an appeal hearing before the Human Resources Commission. The employee may also elect to file a written answer to the statement of charges at this time. A copy of the disciplinary letter together with any attachments and the employee's answer shall be given to the Human Resources Commission. An evidentiary hearing shall be scheduled by the Human Resources Commission. In any hearing regarding suspension, demotion or discharge of a permanent employee, the appointing power has the burden of proof. The strict rules of evidence shall not apply to disciplinary hearing conducted by the Human Resources Commission. Evidence both oral and in writing may be submitted by each party. Witnesses shall be sworn and subject to cross examinafion. The employee who is being disciplined shall testify if called as a witness. Upon request, the employee is entitled to an open or closed hearing. s2 ART/CLEXX (continued) Section C. SALARY REDUCTION An employee may be disciplined 6y reduction sin compensation to any step in the salary scale applicable to the employee's current classificafion or to the classification to which the employee is demoted. Section D. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 53 ARTICLEXKI FULL UNDERS.TAND/NG Section A. This Memorandum of Untlerstanding and attached side-lette~s contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regatding any such matters are hereby superseded or terminated in their entirety. it is the intent of the partie§'thaf this agreement be administered in its en4i rety in good faith dunng its full term. The'Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes. For the I'rfe of this agreement it is agreed and understood that the Association hereto voluntarily and unqualifiedly waives its rights and agrees that the City shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. The parties may mutWally agree in writing to meet and confer on any subject contained in this agreement during the life of this agreement. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this s"'dayof Qe~n6~c ,2005. Arcadia City Employees Association City of Arcadia ra tlhelm President -~Y~ William R. 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