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2016-07-12 City Council Agenda Packet (Rescheduled)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Rescheduled Regular City Council Meeting Tuesday, July 12, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California William J. Davis, Mayor Yvette Woodruff-Perez, Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Proclamation: Recognition of Retired City Council Member – W. Michael McCormick Presented by: Carlos Fandino, City Administrator CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Regular City Council Meeting Agenda July 12, 2016 Page 2 of 7 Claims Against the City – Received and Filed 2. None Minutes – To be Received and Filed 3. Minutes of the Regular City Council Meeting held April 19, 2016. 4. Minutes of the Regular City Council Meeting held May 3, 2016. 5. Minutes of the Regular City Council Meeting held May 17, 2016. Warrant Registers 6. Approval of City Warrant Register No. 1451, totaling $985,326.86, which covers the period of June 14 through June 27, 2016, and consists of the following: A. Ratification of wire transfers totaling $472,469.90; and B. Ratification of the issuance of early checks totaling $449,991.29; and C. Authorization to issue pending checks totaling $62,865.67; and D. Voided check No. 351494 totaling $18.40. 7. Approval of Light & Power Warrant Register No. 416, totaling $6,346,869.12, which covers the period of June 14 through June 27, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,228,891.79; and B. Ratification of the issuance of early checks totaling $112,200.18; and C. Authorization to issue pending checks totaling $5,777.15. 8. Approval of Gas Warrant Register No. 204, totaling $884,840.04, which covers the period of June 14 through June 27, 2016, and consists of the following: A. Ratification of wire transfers totaling $834,815.43; and B. Ratification of the issuance of early checks totaling $37,925.83; and C. Authorization to issue pending checks totaling $12,098.78. City Administration Department 9. Report on Fiscal Year 2015/2016 Docket IV Grants Awarded by Vernon CommUNITY Fund Grant Committee Regular City Council Meeting Agenda July 12, 2016 Page 3 of 7 Recommendation: A. Receive and file this report as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. Fire Department 10. Activity Report for the period of May 16 through May 31, 2016. 11. Activity Report for the period of June 1 through June 15, 2016. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of June 1, through June 15, 2016, to be received and filed Public Works, Water and Development Service Department 13. Approval of an Implementation Agreement with Gateway Cities Council of Governments (GCCOG) for the Atlantic Avenue/Boulevard Corridor Study Recommendation: A. Find that the proposed action is statutorily exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Authorize the City Administrator to execute the Implementation Agreement between the City of Vernon and the Gateway Cities Council of Governments (the “Agreement”), for the Atlantic Avenue/Boulevard Corridor Study; and C. Appoint a member of the City Council to the Atlantic Avenue/Boulevard Corridor Studies Committee. 14. Amendment No. 3 to an Agreement with Kronick Moskovitz Tiedemann & Girard for Legal Services Related to the Vernon Village Park Development Project Recommendation: A. Find that approval of the proposed amendment to the Kronick Moskovitz Tiedemann & Girard Agreement is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a “project’ as defined by CEQA Guidelines, Section 15378; and Regular City Council Meeting Agenda July 12, 2016 Page 4 of 7 B. Authorize the Mayor to execute Amendment No. 3 to the Kronick and Moskovitz Tiedemann & Girard Agreement dated November 20, 2012, increasing the maximum fees by $6,000 for a total not-to-exceed cost of $116,000. NEW BUSINESS Human Resources Department 15. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen’s Association for the Period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen’s Association proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Firemen’s Association for the period of July 1, 2016 through June 30, 2019. 16. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Fire Management Association for the Period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Fire Management Association proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Fire Management Association for the period of July 1, 2016 through June 30, 2019. 17. A Resolution of the City Council of the City of Vernon Approving Amendment No. 2 to the Vernon Police Officers’ Benefit Association 2014-2017 Memorandum of Understanding Regular City Council Meeting Agenda July 12, 2016 Page 5 of 7 Recommendation: A. Find that approval of the proposed Amendment No. 2 to the Vernon Police Officers’ Benefit Association 2014-2017 Memorandum of Understanding is exempt under the California Environmental Quality Act ("CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving Amendment No. 2 to the Vernon Police Officers’ Benefit Association 2014-2017 Memorandum of Understanding to amend the following provisions: 1) Article Two, Section 2, Term 2) Article Three, Section 3, Merit Steps 3) Article Three, Section 4, Salary Adjustment Increase 4) Article Seven, Section 4, Cafeteria Plan 5) Article Seven, Section 6, Vision Plan 6) Article Seven, Section 8, Retiree’s Medical. C. Authorize the City Administrator and Director of Human Resources to execute the attached Amendment No. 2 to the 2014-2017 Memorandum of Understanding between the City of Vernon and employees represented by the City of Vernon Police Officers’ Benefit Association. 18. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association for the Period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association for the period of July 1, 2016 through June 30, 2019. 19. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911 for the Period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vernon and Teamsters Local 911 proposed in this staff report is exempt under Regular City Council Meeting Agenda July 12, 2016 Page 6 of 7 the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vernon and Teamsters Local 911 (“Teamsters”) for the period of July 1, 2016 through June 30, 2019. 20. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers Local 47 for the Period of July 1, 2016 through June 30, 2019 Recommendation: A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers Local 47 proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers Local 47 (“IBEW”) for the period of July 1, 2016 through June 30, 2019. ORAL REPORTS 21. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 22. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 23. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 24. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Regular City Council Meeting Agenda July 12, 2016 Page 7 of 7 Title: Director of Gas & Electric ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 7th day of July 2016. By: ________________________________ Maria E. Ayala City Clerk REGEIVED JUN 2I 2016 CIIY CTERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: July 12,2016 Honorable Mayor and City Council Carlos R. Fandino, Jr., City Administrator Originator: Lilia Hernandez, Executive Assistant to the @ City Recognition of Retired City Council Member - W. Michael McCormick b-a\-\1, Administrator Recommendation A. Acknowledge and present a proclamation and commemorative flag to retired City Council Member and former Mayor, W. Michael McCormick in recogrrition of his dedicated service to the City of Vemon. Backsround Historically, the City has approved proclamations in honor of retiring City employees. This is the appropriate time to approve a proclamation for W. Michael McCormick, former Mayor and Counci[ Member who retired from the City of Vemon on April 18, 2016 after providing approximately forty-two years and one month of public service to the City and its patrons. Having been a resident of the City since 1969, former Mayor McCormick is a long-time member of the Vemon community. He was initially elected to serye on the Vemon City Council on March 12, 1974 and. served as Mayor Pro-Tempore from April 20, 2009 through April 19, 201I and again liom October 23,2012 through April 16,2013. W. Michael McCormick was Mayor ofVernon from April 16, 2013 through the date of his retirement. Former Mayor McCormick represented his community and the City by sewing as a Board Member of numerous area organizations including: o Sanitation Districts of los Angeles County - 23rd District since [974.o Independent Cities Association - as a Board Director since 1987 and serving as President from September 13,2007, through September I1,2008.o Eco-Rapid Transit ( formerly The Orangeline Development Authority) - as Board Director since 2003 and Secretary/Treasurer since 2007.o Southeast Cities School Coalition - as a Board Director since 2005.o Califomia Contract Cities Association Page I of2 In addition to the time former Mayor McCormick dedicated to serving on the various boards noted above, he also served his community through his active participation in the Los Angeles Area Boy Scouts of America organization for over 40 years. Former Mayor McCormick was a loyal member of Vemon's leadership and was seated on the Council during the defeat of state legislation aimed at disincorporating Vemon. His dedication and commitment played a key role in the transition and transparency of the City of Vemon to implement and employ good govemance reform policies. Former Mayor McCormick fully dedicated himself to the service of his community and represented the City with distinction and honor as he interfaced with community, business, county, state and t'ederal govemment offrcials and agencies. As a gesture of appreciation tbr his unwavering commitment and service to the City, Vemon Gas & Electric re-named a substation to McCormick Substalion on March I 8, 2014. Staff is honored to further recognize former Mayor McCormick by presenting him with a commernorative City flag. Fiscal Impact The costs associated with this activity can be carried out without additional impact on the current operating City Council budget. Attachment(s) None. Page 2 of2 0trn0n A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING W. MICHAEL MCCORMICK FOR HIS MANY YEARS OF SERVICE TO THE CITY OF VERNON \YHERE lS,lY. hli'l,,ael MtComitk l,,asfuithfalj sencd tl-,e Ciry of l1non.[or 0rcr12-years; and V.'ILERE.IS, lY/. lli'l,tael ll,Comik nrind.[mn ilE CiA 0i I 'enon efertirc -.Lpril I 8, 2016; and W'IIERE1S, ll::. lllibael ll,Comi;k deutted igniJi'ant tinte and ejitn aboue dnd beytnd tle Loune and nope r{ Lis eleted dniet on belal/'t1[ tbe peoph of tle Cig tl L 'enon; and IV'HERE.1S, lY/. liltdel LlComti'k ltas been a nsident o-[ tlte Ci\, of I inon sin,v I 969; and V.'HERE-IS,lI?. Alilnel AI"Comi'k was initiulj eleied to sen'e on the l'enton Ciry Coanril on ltlanb I 2, I 971 and senvd as Ala1or Pm-Tentpon.firn .-1pil 20, 2009 tltnryb -,'lpi/ I 9, 201 1 and agtit.livn Otober2),2012 rbnugh--1pi/ 16,201 3; und ll.HERE-lf, ll/. lli,'ltael Al,Conti,'k sen'ed at l\laytr oJ'the Ciy, oJ-l'mon.livn -'1pril 16, 201) rlrutgb -4pil I 8, 2016; and llrHERE-rlS,lV. Il,litltael LlrContick lns npnsenled ltis Lvnnanij and the Ciry b1 rningat a Board Llenbc oJ'nttntervn area nrganil ions incl irytfu Sanitation Districts o/'Its --lngeles Comty, Indepndutt Citiet --'btotiation, Erv-Rapid Transit (l'onte$, tbe Orangeline Dercktpnent --1ttbrtiry), So*lnd:t Cities Scltool Coalition, and tlte Calilbnia Contratt Cities ..1iroliritfun; d, UTHE&E-IS, V'. lliclLael ilfi,Comi'k also xnvd ltis "antnuniry thn4lt ltis acliu partiipation in tlte Its --ltrye/cs --lrert Btg, Snufi of -,1tteila orettniiatiorr.[or our 101ean; tnd IVHERE4S, the e,ttnonic Lealth of tlte Ci\,ol'l'enton and its pertple dePends it, latgt measarc on tlte dediation, hnorations and steadfasl Lvnfititfi,et,! 0J leddefi wb as ll7. lllir'hael LlComick; and lY+lERIi-l|, during ltis loryand disringuislted ,uner aitl tbe Ciry o-f l'emon, ll". hli'ltael lll,Comi,k Las won the deepett respei o.f bis tvlleagtu tbmxgl bi h enhip and r.vntib ions to tbe Ci5'; and lyHERE,lS, tl.te l\.h1,or and tle Ci5' Coun,il oJ'tlLe CiU 0J'l'enton, on beltall'oJ it mplolus nsidenls and basiwsses, wishet to nnnend and tlank lY/. Llir'Lael l,lrComtick.fiir Lis ntarllears of xn'i* l0 tle CitJ dfld inite nngnitiol of bis nnibtiont tnd athietvnells. NOII:', IHERE f_OKE, THE AL.l),OR -.lA'D THE CIT\' COLiNCIL OF THE CIT\- OF I'IJRAION, ON BEH-1L-|- OF ITS EA11'LO\T,ES, KESIDENTJ,.1^]D BLI.'/NEIJI].f HEREB)' COA1IIENDS ll7. ^4ICH,LEL I,I,COR IICK r-OR f//J I1-1Ar)' )E-1Rt OI- -fERl 'ICE TO THE CI I1'. THIS I'ROCLIAL.ITION /J BEING PRE.IENTED TO V" \IICH..IEL AI,COP-\IICK By rHE ITONOR-1Bt E AL/|YORV',IUJ-LM l. D--'l'IJFoR-.1\D ON BEH--1L-F Ol-'lHE Crn' COL'NCIL O}.-THE .qLr TtL\oN 'tHls' t 2rH D,-1)'OI.'./L-L)',111"0 THOL-5_ L\D,-r-\n -r/x-fllEN. E-IL\ON '\fi-- il"ruJ-1,\r J. D.-11 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 19, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Martinez, Ybarra, Woodruff-Perez, Lopez MEMBERS ABSENT: The meeting was called to order at 9:00 a.m. by Mayor Pro Tempore Davis; Woodruff-Perez led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that Agenda Item No. 1 had an updated Staff Report and Agenda Item No. 19 had an updated redlined Economic Development Manager Job Description. PUBLIC COMMENT Mayor Pro Tempore Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Ref Rodriguez, LAUSD School Board Member, addressed Council regarding the Vernon City School. Expressed his appreciation for the current partnership with the City and looks forward to future support from the City on upcoming project such as: school development, multipurpose room, and school cafeteria. ELECTION MATTERS 1. Resolution No. 2016-17 - A Resolution of the City Council of the City of Vernon, California, reciting the fact of the General Municipal Election held on April 12, 2016, declaring the results and such other matters as provided by law Recommendation: A. Find that the proposed approval is exempt from California Environmental Quality Act (“CEQA”) review, because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Moreover, even if the activity in question were a project, it would be exempt from CEQA review, in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the Certificate of Canvass. C. Adopt a Resolution declaring the results of the General Municipal Election held April 12, 2016, declaring that Leticia Lopez is elected to the Office of Member of the City Council; and D. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office to Leticia Lopez. City Clerk Maria Ayala reported on the election results It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-17. Motion carried, 4-0. City Clerk Maria Ayala administered the Oath of Office to Leticia Lopez. Regular City Council Meeting Minutes April 19, 2016 Page 2 of 8 Newly elected Leticia Lopez introduced herself and expressed appreciation at being elected to office. 2. Election of Mayor and Mayor Pro Tempore. It was moved by Ybarra and seconded by Lopez to appoint Davis as Mayor. It was moved by Woodruff-Perez to appoint Martinez as Mayor. Motion failed for lack of a second. With the standing nomination to appoint Davis as Mayor moved by Ybarra and seconded by Lopez. Motion carried, 4-1. Yaes: Davis, Martinez, Ybarra, and Lopez. Noes: Woodruff-Perez. It was moved by Martinez to appoint Woodruff-Perez as the Mayor Pro-Tempore. Motion failed for lack of a second. It was moved by Davis to appoint Ybarra as the Mayor Pro- Tempore. Motion failed for lack of a second. It was moved by Davis to appoint Ybarra as the Mayor Pro-Tempore. Motion failed for lack of a second. It was again moved by Davis and seconded by Ybarra to appoint Ybarra as the Mayor Pro- Tempore. Motion failed, 2-3. Yaes: Davis and Ybarra. Noes: Martinez, Woodruff-Perez, and Lopez. It was moved by Martinez and seconded by Woodruff-Perez to appoint Woodruff-Perez as the Mayor Pro-Tempore. Motion carried, 5-0. William J. Davis was elected Mayor and Woodruff-Perez was elected Mayor Pro Tempore. PRESENTATIONS 3. California Highway Patrol, “CHP “10851” Grand Theft Auto Recovery Award” presented to Police Officer Eugenio Cerda Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel Calleros CHP Captain Paul Medeiros presented the award to Police Officer Eugenio Cerda. 4. Modular Training Center Update and Overview on New Recruit Training Academy Presented by: Vernon Fire Department, Chief Michael Wilson with a PowerPoint presentation Battalion Chief Todd Payton provided a PowerPoint presentation. Public Comment John Van de Kamp asked questions regarding: the net cost to Vernon; and use of facility by other agencies or departments. Fire Chief Michael Wilson responded to Mr. Van de Kamp’s questions providing estimated development and construction costs; and also added that there would be no fees to other agencies to use training facility. Additional dialogue ensued between Mr. Van de Kamp and Fire Chief Wilson regarding the financials of the development. 5. Recognition of Retiring Employee - Wilfredo Lopez, Meter Reader. Regular City Council Meeting Minutes April 19, 2016 Page 3 of 8 Interim Human Resources Director Lisette Grizzelle announced Mr. Lopez’s retirement (Mr. Lopez was not in attendance). NEW BUSINESS City Administration Department 6. Resolution No. 2016-18 - A Resolution of the City Council of the City of Vernon Appointing Isaac Garibay to Serve as the Director of Human Resources of the City of Vernon and Approving and Authorizing the Execution of a Related At-Will Employment Agreement Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution appointing Isaac Garibay to serve as the Director of Human Resources of the City of Vernon, effective May 3, 2016, approving and authorizing the execution of a related at-will employment agreement. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-18 appointing Isaac Garibay to serve as the Director of Human Resources, approving and authorizing the execution of a related at-will employment agreement. Motion carried, 5-0. 7. Oath & Appointment of Isaac Garibay as Director of Human Resources, City of Vernon. City Clerk Maria Ayala administered the Oath of Office to Isaac Garibay. Director of Human Resources Isaac Garibay expressed gratitude and appreciation for the opportunity to serve the City. Mayor Davis recessed the meeting at 9:15 a.m. The meeting reconvened at about 10:10 a.m. CONSENT CALENDAR It was moved by Martinez and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City – Received and Filed 8. None Warrant Registers 9. Ratification of the following City Warrant Register to record the following voided checks: Regular City Council Meeting Minutes April 19, 2016 Page 4 of 8 A. City Warrant Register No. 1445 to record voided Check No. 350424 in the amount of $48.40. 10. Approval of City Payroll Warrant Register No. 718, totaling $4,358,741.36, which covers the period of March 1 through March 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,999,413.89; and B. Checks and electronic fund transfers (EFT) totaling $1,359,327.47. 11. Approval of City Warrant Register No. 1446, totaling $853,991.46, which covers the period of March 29 through April 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $578,202.20; and B. Ratification of the issuance of early checks totaling $196,052.60; and C. Authorization to issue pending checks totaling $79,736.66. 12. Approval of Light & Power Warrant Register No. 411, totaling $2,043,595.68, which covers the period of March 29 through April 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,726,837.60; and B. Ratification of the issuance of early checks totaling $315,710.26; and C. Authorization to issue pending checks totaling $1,047.82. 13. Approval of Gas Warrant Register No. 199, totaling $7,028.93, which covers the period of March 29 through April 11, 2016, and consists of the following: A. Ratification of wire transfers totaling $7,028.93. Fire Department 14. Activity Report for the period of March 16 through March 31, 2016, to be received and filed. Health and Environmental Control Department 15. March 2016 Monthly Report, to be received and filed. Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of March 16, through March 31, 2016, to be received and filed. Public Works, Water, and Development Services Department 17. March 2016 Monthly Building Department Report, to be received and filed. NEW BUSINESS (CONT’D) City Administration Department 18. Resolution No. 2016-19 - Approval of a Resolution Declaring Support for the Passage of Assembly Bill 118, a Companion Trailer Bill to Senate Bill 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Regular City Council Meeting Minutes April 19, 2016 Page 5 of 8 Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution supporting the passage of Assembly Bill (“AB”) 118, a companion trailer bill to Senate Bill (“SB”) 93, which would require the California Department of Toxic Substances Control (“DTSC”) to engage communities impacted by Exide Technologies’ lead contamination and provide opportunities for participation in the cleanup plan preparation via meetings, a training program, and job placement related to the soil cleanup process. A resolution supporting SB 93 was approved at the April 5, 2016 City Council meeting. Senior Advisor to the City Administrator Fred Macfarlane reported on the proposed. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-19. Motion carried, 5-0. 19. Resolution No. 2016-20 - Approval of a Resolution adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(b)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general policy and produce making activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective April 19, 2016 to reflect the following provision: 1) Amend Exhibit A, Classification and Compensation Plan by adding the following: a. Administrative Analyst b. Senior Deputy City Attorney c. Utilities Project Coordinator 2) Amend Exhibit A, Classification and Compensation Plan with revisions to the Economic Development Manager job description. 3) Amend Section 11 Automobile Allowance 4) Delete the Administrative Aide Classification Ms. Grizzelle reported on the proposed. It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2016-20. Motion carried, 5-0. Public Works, Water and Development Services 20. Contract Award for City Contract No. CS-0638: Fire Department Regional Training Center Phase 1 Regular City Council Meeting Minutes April 19, 2016 Page 6 of 8 Recommendation: A. Find that approval of the contract award for the Fire Department Regional Training Center Phase 1 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070, which governs the agency’s decision to prepare a negative declaration, and authorize the Director of Public Works, Water and Development Services to file a Notice of Determination finding that the project will not have a significant impact on the environment; and B. Adopt the Negative Declaration prepared for this project pursuant to CEQA Guidelines Section 15074; and C. Accept the bid proposal from Hoffman Management & Construction Corp. as the lowest responsive and responsible bidder and authorize the Mayor to execute a contract not to exceed $541,485.70, for the Fire Department Regional Training Center Phase 1, City Contract No. CS-0638, and to reject all other bids. Further, authorize a contingency of $55,000.00 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Director of Public Works, Water and Development Services Derek Wieske reported on the proposed. It was moved by Ybarra and seconded by Martinez to award the bid Contract No. CS-0638, to Hoffman Management & Construction Corp. Motion carried, 5-0. 21. Authorization to enter into a Professional Services Agreement for Electrical Engineering Services for Various City Facilities Electrical Upgrades Recommendation: A. Find that the proposed action, to solicit Electrical Engineering Services for Various City Facilities Electrical Upgrades, attached hereto, is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Subsections (b) and (d), because the project involves repair and maintenance of existing public facilities – namely, publicly owned utilities used to provide water – and negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; and B. Authorize the City Administrator to execute the attached Professional Services Agreement with Cannon Corporation, in substantially the same form as submitted herewith, for an amount not to exceed $108,138 for Electrical Engineering Services for Various City Facilities Electrical Upgrades; authorize a contingency amount of $20,000 in the event an unexpected changed condition in the project occurs; and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Mr. Wieske reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to approve the Professional Services Agreement for Electrical Engineering Services with Cannon Corporation. Motion carried, 5-0. ORAL REPORTS 22. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Regular City Council Meeting Minutes April 19, 2016 Page 7 of 8 Police Captain Michael Gillman reported on the following: April 12th vehicle theft; April 13th response to threats and brandishing of a firearm; ongoing investigation of a robbery at knifepoint; April 20th Street racing taskforce will be assisting LA County Sheriff’s Department; and also provided a Graffiti report. Fire Chief Michael Wilson reported on the following: Fire Captains exam coming up on May 4th; receiving over 80 new SCBA’s purchased through the UASI grant; new rescue ambulance getting radios installed; continuous wild land fire training; mobilization drill on April 13th done at Santa Fe Springs training facility; night drills in the coming weeks, continuing education for hazmat; April 13th crews responded to a commercial structure fire at 3285 East Vernon; April 18th crews responded to investigate smoke, 200 feet of brush was on fire, was extinguished. Director of Public Works, Water, and Development Services Derek Wieske reported on the following: working to fill various vacant positions; staff attended the Eco-Rapid Transit Board meeting; grant opportunities; conducted annual housing inspections; small housing projects will be handled early while larger housing projects will be presented to Council at a later date. Interim Vernon Gas & Electric Director Peter Hervish reported on the following: No unscheduled outages; added two natural gas flow meters to the turbines; lost buffer capacity of the Aliso Canyon gas reservoir; power and gas conservation. Mayor Davis noted seeing a tree getting close to a power line. Finance Director William Fox reported on the following: Closing in on the annual budget process; upcoming budget study sessions; insurance bidding; OPEB discussion and project; and Account Clerk position being filled. Director of Health and Environmental Control Leonard Grossberg: nothing to report. Interim Human Resources Director Lisette Grizzelle reported on the following: Ongoing labor negotiations with 5 of the 6 union groups; there are various recruitments in various stages; working on employee newsletter; welcoming of the new Human Resources Director Isaac Garibay. City Clerk Maria Ayala reported on the following: April 12th election completed 51% voter turnout; the City Clerk Department looks forward to future voter outreach and education. City Attorney Hema Patel reported on the lawsuit filed against Citigroup Energy Inc. City Administrator Carlos Fandino reported on the following: welcoming of Councilmember Lopez; budget review process; ongoing union negotiations; Vernon Chamber of Commerce meeting; open meetings with all departments in the City; City Council and Department Heads retreat ideas; and recognizing former Mayor McCormick for his service to the City. 23. City Council Reports – brief report on activities, announcements, or directives to staff. Nothing to report. Mayor Pro Tempore Davis recessed the meeting at 10:55 a.m. and reconvened at 11:04 a.m. CLOSED SESSION At 11:04 a.m., the City Council entered into closed session to discuss the following agendized items: 24. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Regular City Council Meeting Minutes April 19, 2016 Page 8 of 8 Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association 25. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) 26. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Francesco M. Pirello v. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ8479633, ADJ9327371, ADJ8479607, and ADJ9327372 27. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 At 12:15 p.m. the City Council exited closed session. City Attorney Hema Patel reported that four items were discussed with Council approving a settlement on Agenda Item No. 26. No further report was given. With no further business, at 12.15 p.m., Mayor Pro Tempore Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 3, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 7:30 a.m. by Mayor Davis; Mayor Pro Tempore Woodruff- Perez led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced the following changes: Agenda Item No. 1 would be moved to the last item on the Agenda, Agenda Item No. 6 would be moved to the beginning of the Agenda to be taken first, and Agenda Item No. 16 would be pulled and brought back at the next regular meeting. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No Public Comment was provided at this time. NOTE: ITEM NO. 6 WAS MOVED TO THE BEGINNING OF THE AGENDA BUDGET STUDY SESSION 6. Review of proposed budgets for fiscal year 2016-2017 for the following departments: A. Overview Finance Director William Fox provided the overview of proposed budgets. B. Police Department Police Chief Daniel Calleros provided the review of the Department’s proposed budget. Ybarra inquired about the traffic antenna and a backup plan for the COPS grant. Chief Calleros addressed Ybarra’s questions, explaining alternate funding plan. C. Fire Department Fire Chief Michael Wilson provided the review of the Department’s proposed budget. Mayor Davis asked how additional hires will affect the Fire Department’s current staffing. Chief Wilson responded by explaining the vacancies/voids that would be filled. Woodruff-Perez asked if the Fire Department required a USAR unit to stay at a Class-1 status and number of calls the USAR unit has had regionally. Chief Wilson responded and explained what personnel level was required to stay at a Class-1. Public Comment Marisa Olguin, Vernon Chamber of Commerce, requested to see a more historical budgeting report. Regular City Council Meeting Minutes May 3, 2016 Page 2 of 9 D. City Clerk Department City Clerk Maria Ayala provided the review of the Department’s proposed budget. E. Finance Department Finance Director William Fox provided the review of the Department’s proposed budget. F. Information Technology Division Information Technology Manager Ernesto Smith provided the review of the Division’s proposed budget. Public Comment Marisa Olguin, Vernon Chamber of Commerce, wanted to complement the budget presentations for their transparency and good governance. Mayor Davis recessed the meeting at 9:09 a.m. The meeting reconvened at 9:19 where public comment was taken a second time. Public Comment David Jaurez, Representative of Assembly Member Miguel Santiago, thanked the City for the support of AB118 and SB93. Presented Certificates of Recognitions to Mayor Davis, Woodruff- Perez, and Lopez. Sandra Orozco, Southeast Political Activist, commended the City on transparency and good governance. Paul Johnson, Fire Department Engineer, spoke briefly about the “Fill the Boot” campaign. Elisabeth Tempest, Director of Business Development for the Muscular Dystrophy Association, spoke briefly about the “Fill the Boot” campaign and the Muscular Dystrophy Association. PRESENTATIONS 2. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Week of May 1 - 7, 2016, as Municipal Clerks Week Presented by: Carlos Fandino, City Administrator City Administrator Carlos Fandino introduced and read the proclamation. Mayor Davis presented the proclamation to City Clerk Maria Ayala. 3. Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards Presented by: Vernon Police Department, Chief Daniel Calleros Police Chief Daniel Calleros introduced the item and briefly explained the program. Officer Miguel Hernandez introduced the winners and presented them with their awards. Each award recipient gave a brief speech about what they learned from the D.A.R.E. program. 4. Los Angeles County Metropolitan Transportation Authority (Metro) Open Streets Grant Program Presented by: Derek Wieske, Director of Public Works, Water and Development Services Regular City Council Meeting Minutes May 3, 2016 Page 3 of 9 Director of Public Works, Water and Development Services Derek Wieske presented the grant program. Senior Advisor to the City Administrator Fred Macfarlane spoke about the benefits and opportunities this grant program will provide to the City. 5. Verdugo Fire Communications Update Presented by: Vernon Fire Department, Battalion Chief, Andrew Guth Battalion Chief Andrew Guth presented the update. CONSENT CALENDAR It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Claims Against the City – Received and Filed 7. None Warrant Registers 8. Approval of City Warrant Register No. 1447, totaling $1,636,353.23, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $937,631.96; B. Ratification of the issuance of early checks totaling $600,180.43; and C. Authorization to issue pending checks totaling $95,540.84. 9. Approval of Light & Power Warrant Register No. 412, totaling $5,745,160.56, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $5,624,356.85; B. Ratification of the issuance of early checks totaling $116,328.00; and C. Authorization to issue pending checks totaling $4,475.71 10. Approval of Gas Warrant Register No. 200, totaling $852,417.22, which covers the period of April 12 through April 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $825,976.32; and B. Ratification of the issuance of early checks totaling $21,367.74. C. Authorization to issue pending checks totaling $5,073.16. Fire Department 11. Activity Report for the period of April 1 through April 15, 2016, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of April 1, through April 15, 2016, to be received and filed. Public Works, Water, and Development Services Department Regular City Council Meeting Minutes May 3, 2016 Page 4 of 9 13. Approval of the Contract between the City of Vernon and Petrochem Manufacturing Innovation, LLC (PMI) for the Citywide Slurry Seal, Phase IV Project, CS-0677 Recommendation: A. Find that the approval of the proposed Citywide Slurry Seal (Phase IV) Project is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets. B. Approve and authorize the City Administrator to execute a contract with Petrochem Manufacturing Innovation, LLC for the Material, Delivery and Application for the Citywide Slurry Seal (Phase IV) Project, Contract CS-0677, at a not-to-exceed amount of $178,100; and find that awarding the contract is exempt from Competitive Bidding pursuant to Vernon Municipal Code § 2.17.12(A)(5)(b), because it is a contract for supplies with a vendor that provided the same supplies to the City of Los Angeles at the same price reflected in the contract. 14. General Services Agreement with the County of Los Angeles Recommendation A. Find that the approval of the proposed General Services Agreement in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. In addition, even if such were a “project,” it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Authorize the Mayor to execute the General Services Agreement between the County of Los Angeles and the City of Vernon; and C. Enter into an agreement with the County of Los Angeles for services requested by the City of Vernon and performed by the County of Los Angeles. The services to be performed by the County of Los Angeles include a variety of public works services, and miscellaneous services commencing July 1, 2016 through June 30, 2021. NEW BUSINESS City Administration Department 15. Resolution Appointing Lewis Pozzebon to Serve as Interim Director of Health and Environmental Control and Approving and Authorizing the Execution of a Related Temporary At-Will Employment Agreement Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and Regular City Council Meeting Minutes May 3, 2016 Page 5 of 9 B. Adopt the attached resolution appointing Lewis Pozzebon to serve as the Interim Director of Health and Environmental Control for the City of Vernon, approving and authorizing the execution of a related temporary at-will employment agreement with an effective date of April 25, 2016. This appointment is temporary, until such time as a Director is appointed by Council upon completion of a recruitment process to fill the position on a permanent basis. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve Resolution No. 2016-21. Motion carried, 4-0. City Clerk Department NOTE: ITEM NO. 16 WAS REMOVED FROM THE AGENDA TO BE TAKEN AT NEXT MEETING 16. Approval of a Resolution for City Council Appointments/Reappointments as Representatives to Various Agencies and/or Committees Recommendation: Items A-D: A. Find that approval of the proposed Resolution updating the City Council appointments does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as either delegate(s) and/or alternate(s) to the following boards of various agencies and/or committees as follows: 1. California Contract Cities Association. Appoint _______ as the delegate; and ________ as the alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 2. Central Basin Water Association. Appoint ________ as the delegate; ________ as the alternate; and reaffirm the City of Vernon’s Director of Public Works, Water and Development Services, or his/her designee, to also serve as the City’s alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; William J. Davis as the alternate; and reaffirm the Director of Public Works, Water & Development Services or his/her designee, to also serve as the City’s alternate. 3. County Sanitation District No. 1. Appoint William J. Davis as the presiding officer of the City of Vernon to serve as the City’s member on the Board of Directors of County Sanitation District No. 1; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the presiding officer as delegate; and Melissa Ybarra as the alternate. 4. County Sanitation District No. 2. Appoint William J. Davis to serve as the City’s delegate to the Board of Directors of County Sanitation District No. 2; and ________ as the alternate. Regular City Council Meeting Minutes May 3, 2016 Page 6 of 9 Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 5. County Sanitation District No. 23. Appoint current City Council (William J. Davis, Yvette Woodruff-Perez, Luz Martinez, Melissa Ybarra, and Leticia Lopez) to serve as the Board of Directors to County Sanitation District No. 23. Previous appointments, pursuant to Resolution No. 2015-22, appointed then City Council: W. Michael McCormick, William J. Davis, Luz Martinez, Melissa Ybarra, and Yvette Woodruff-Perez. 6. Gateway Cities Council of Governments. Appoint ________ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate and Melissa Ybarra as the alternate. 7. I-710 EIR/EIS Project Committee. Appoint ________ as the delegate and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate; and W. Michael McCormick as the alternate. 8. Independent Cities Association of Los Angeles County. Appoint _______ as the delegate; and ________ as the alternate. Previous appointments, made pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 9. Independent Cities Finance Authority. Appoint ________ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 10. League of California Cities. Appoint _______ as the delegate; and ________ and ________ as the alternates. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis and Melissa Ybarra as the alternates. 11. Eco-Rapid Transit (formerly known as the Orangeline Development Authority). Appoint ________ as the delegate and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22 made to the Orangeline Development Authority were: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 12. Pacific Electric Right-of-Way/ West Santa Ana Branch Corridor Alternative Analysis. Appoint _______ as the representative on the Steering Committee; and reaffirm the City’s appointment of the City’s Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the representative; and Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. 13. Southeast Community Development Corporation. Appoint ________ as the delegate; and ________ as the alternate. Regular City Council Meeting Minutes May 3, 2016 Page 7 of 9 Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 14. Southeast Water Coalition. Appoint ________ as the delegate; and ________ as the alternate; and, reaffirm that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate; and, reaffirmed that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. 15. Southern California Association of Governments. Appoint _______ as the delegate; and ________ as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 16. Vernon Solid Waste Hearing Panel. Appoint ________, ________, and ________ to serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities. Previous appointments, pursuant to Resolution No. 2015-22: Melissa Ybarra, Yvette Woodruff-Perez, and Luz Martinez. C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing its representatives and alternates to the boards of various agencies and/or committees. D. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments, and post in accordance with state laws and/or regulations. Gas and Electric Department 17. Base Contract with Pacific Summit Energy, LLC for Sale and Purchase of Natural Gas (i.e. “NAESB Contract”) Recommendation A. Find that (a) the agreement between the City of Vernon and Pacific Summit Energy, LLC is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Authorize the Interim Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and Pacific Summit Energy, LLC (“PSE”) for the purpose of buying and selling natural gas to or from PSE, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code Regular City Council Meeting Minutes May 3, 2016 Page 8 of 9 § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Interim Director of Gas & Electric Peter Hervish reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve the NAESB contract. Motion carried, 4-0. Public Works, Water, and Development Services Department 18. Revocable Encroachment Agreement No. 420 – AMB Vernon Industrial Park, LLC (Prologis) Recommendation: A. Find that the approval of the Revocable Encroachment Agreement (the “Agreement”) is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and B. Approve Revocable Encroachment Agreement No. 420 between the City of Vernon and AMB Vernon Industrial Park, LLC (Prologis). Director of Public Works, Water, and Development Services Derek Wieske reported on the proposed. It was moved by Ybarra and seconded by Mayor Pro-Tem Woodruff-Perez to approve the agreement. Motion carried, 4-0. ORAL REPORTS 19. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: April 23 assault with a deadly weapon; April 30 major traffic accident in intersection of Santa Fe and 30th Street; and also reported that mental health evaluations were proving to be a great tool. Police Captain Michael Gillman reported on the following: a business on the 3300 block of Bandini had graffiti. Fire Chief Mike Wilson reported on the following: “Fill the Boot” Muscular Dystrophy Association drive scheduled for May 3, 11, and 19; upcoming Captains exam; Boy Scouts Pancake Breakfast on May 14; his jury duty experience; and the April 30 traffic accident extrication. Director of Public Works, Water and Development Services Derek Wieske gave a brief update on the following: water rate increase process; annual housing inspections and other small maintenance projects; and grant applications. Interim Director of Gas & Electric Peter Hervish reported on the following: one unscheduled outage caused by metallic balloons; and Aliso Canyon effect on the City. Director of Finance Bill Fox gave a brief update on Moody’s review and rating of City bonds; and recruitment to fill purchasing agent vacancy. Interim Director of Health and Environmental Control Lewis Pozzebon spoke about being reacquainted with the City. Regular City Council Meeting Minutes May 3, 2016 Page 9 of 9 Director of Human Resources Isaac Garibay gave a brief update on the ongoing recruitments. City Clerk Maria Ayala gave a brief update on Municipal Clerks week. City Administrator Carlos Fandino reported on the following: May 12 Jawbone Canyon trip; May 12-15 Contract Cities Seminar; and remainder of budget presentations. 20. City Council Reports – brief report on activities, announcements, or directives to staff. Council Member Woodruff-Perez announced she passed her Registered Nurse exam. 1. City Council Tour of New Urban Search and Rescue Vehicle and Paramedic Rescue Ambulance Presented by: Vernon Fire Department, Chief Michael Wilson At 10:40 a.m. Council took the tour described in Item No. 1. Returning to the Council Chamber at 11:07 a.m. CLOSED SESSION At 11:07 a.m., the City Council entered into closed session to discuss the following agendized items: 21. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association 22. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 23. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 12:01 p.m. the City Council exited closed session. City Attorney Hema Patel announced that there was no reportable action from closed session. With no further business, at 12:02 p.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MAY 17, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Martinez, Ybarra, and Lopez MEMBERS ABSENT: Woodruff-Perez The meeting was called to order at 7:30 a.m. by Mayor Davis; Ybarra led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No public comment. PRESENTATIONS 1. A Proclamation Declaring the Week of May 15 through May 21, 2016 as “National Public Works Week” City Clerk Maria Ayala read the proclamation. Director of Public Works, Water, and Development Services Derek Wieske said a few words and acknowledged staff in attendance. 2. Service Pin Awards for April 2016 NAME DEPARTMENT TITLE YEARS Linda R. Smith Health Administrative Secretary 25 Lyndon S. Ong Yiu Health Senior Environmental Specialist 15 Oscar E. Zozaya Police Police Officer 15 Jesse L. Blue Vernon Gas & Electric Electric Operator 5 Yesenia Ramirez Public Work s Sr. Administrative Assistant 5 Jared B. Dacey Vernon Gas & Electric Senior Utilities Dispatcher 5 Director of Human Resources Isaac Garibay recognized the two service pin recipients in attendance: Yesenia Ramirez and Jared Dacey BUDGET STUDY SESSION 3. Fire Department – Update on Budget for Fiscal Year 2015-2016 City Administrator Carlos Fandino introduced the Fire Department’s current year budget update. Fire Chief Michael Wilson provided a PowerPoint presentation which covered a historical review of the department’s overtime costs. Mayor Davis asked why the presentation was not made on the original budget study session and what is being done about the overtime situation. Fire Chief Wilson explained the reasons it was not included and controls would be implemented to manage various factors affecting overtime. Regular City Council Meeting Minutes May 17, 2016 Page 2 of 11 Ybarra requested information on budgetary actuals and also inquired as to other unbudgeted overtime costs. Finance Director William Fox explained the staffing needs for the Fire Department and how that affects overtime. Public Comment John Van de Kamp, Independent Reform Monitor, inquired as to the amount the Fire Department is going to exceed its budget this year. Fire Chief Wilson projected an overage of $100,000 to $200,000. Finance Director Fox explained the projections comparison to actuals. Fire Chief Michael Wilson went on to explain the use of grants to offset the budget expenses. Mr. Van de Kamp asked if the Fire Chief was informing the City Administration on contracting negotiations. Fire Chief Wilson confirmed he was informing, however was not a part of the negotiations. Mr. Van de Kamp addressed the discrepancy of the actual and projected budget; the Councils control over the budget; the Class-1 rating of the Fire Department; and the activity reports. Fire Chief Wilson addressed Mr. Van de Kamp’s concerns. Marisa Olguin, Vernon Chamber of Commerce, inquired as to the level of calls received, services provided with staffing levels, and other data relative to budgeting to overtime. Advocated for a third party study to determine the need of a Class-1 Fire Department. Dave Gardetta, Baker Commodities, also expressed, he too would like for a third party study to be performed to address staffing concerns. Ybarra requested to see more detailed plans on overtime and succession. 4. Review of Proposed Budgets for Fiscal Year 2016-2017 for the Following Departments: A. Overview Finance Director Fox provided a PowerPoint Presentation on the Fiscal Year 2016-2017 Citywide Proposed Budget. B. Public Works, Water & Development Services Department Director of Public Works, Water & Development Services Derek Wieske provided a PowerPoint Presentation on the Department’s proposed budget. C. Human Resources Department Human Resources Director Isaac Garibay provided the review of the Department’s provided a PowerPoint Presentation on the Department’s proposed budget. Mr. Van de Kamp wanted to know if the OPEB requirement figures were Citywide or just the Department of Human Resource. Director Garibay clarified that it reflected the entire City. D. City Attorney Department City Attorney Hema Patel provided a PowerPoint Presentation on the Department’s proposed budget. Mayor Davis recessed the meeting at 9:46 a.m. The meeting reconvened at 10:00 a.m. E. Health and Environmental Control Department Regular City Council Meeting Minutes May 17, 2016 Page 3 of 11 Health and Environmental Control Director Lewis Pozzebon provided a PowerPoint Presentation on the Department’s proposed budget. Mr. Van de Kamp had questions that were answered by Director Pozzebon. Dave Gardetta, Baker Commodities, had questions that were answered by Director Pozzebon. F. Gas and Electric Department Interim Director of Gas and Electric Peter Hervish provided a PowerPoint Presentation on the Department’s proposed budget. Mr. Van de Kamp had questions that were answered by Interim Director Hervish and City Administrator Carlos Fandino. G. City Administration Department City Administrator Carlos Fandino provided a PowerPoint Presentation on the Department’s proposed budget. CONSENT CALENDAR It was moved by Ybarra and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Claims Against the City – Received and Filed 5. None Warrant Registers 6. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1445 to record voided Check No. 350500 in the amount of $256.04; and B. City Warrant Register No. 1447 to record voided Check No. 350783 in the amount of $119.38. 7. Approval of City Payroll Warrant Register No. 719, totaling $ 2,973,790.02, which covers the period of April 1 through April 30, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,053,233.57; and B. Checks and electronic fund transfers (EFT) totaling $920,556.45. 8. Approval of City Warrant Register No. 1448, totaling $1,033,895.52, which covers the period of April 26 through May 9, 2016, and consists of the following: A. Ratification of wire transfers totaling $595,018.26; and B. Ratification of the issuance of early checks totaling $296,373.03; and C. Authorization to issue pending checks totaling $142,504.23. 9. Approval of Light & Power Warrant Register No. 413, totaling $1,439,323.01, which covers the period of April 26 through May 9, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,376,810.97; and Regular City Council Meeting Minutes May 17, 2016 Page 4 of 11 B. Ratification of the issuance of early checks totaling $61,574.18; and C. Authorization to issue pending checks totaling $937.86. 10. Approval of Gas Warrant Register No. 201, totaling $210,950.78, which covers the period of April 26 through May 9, 2016, and consists of the following: A. Ratification of wire transfers totaling $180,496.08; and B. Ratification of the issuance of early checks totaling $30,454.70. Fire Department 11. Activity Report for the period of April 16 through April 30, 2016, to be received and filed. Health and Environmental Control Department 12. April 2016 Health & Environmental Control Department Monthly Report, to be received and filed. Police Department 13. Activity Log and Statistical Summary of Arrests and Activities for the period of April 16, through April 30, 2016, to be received and filed. 14. Settlement Proceeds and Agreement Recommendation: A. Find that the acceptance of the settlement proceeds from a False Claims Act from, United States et al. ex rel. Perez v. Stericycle, Inc., et al., is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Accept the settlement proceeds and agreement, and authorize the Police Chief to accept and deposit the settlement proceeds on behalf of the City. NEW BUSINESS City Administration Department 15. Resolution of the City Council of the City of Vernon approving the General Form of Attorney Services Contracts Recommendation: A. Find that approval of the forms of contract and of related documents in this staff report is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the Resolution approving the general form of attorney services contracts. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Martinez to approve the Resolution No. 2016-22. Motion carried, 4-0. Regular City Council Meeting Minutes May 17, 2016 Page 5 of 11 City Clerk Department 16. Resolution of the City Council of the City of Vernon updating City Council Members’ Appointments to Various Agencies and/or Committees Recommendation: A. Find that approval of the proposed Resolution updating the City Council appointments does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as either delegate(s) and/or alternate(s) to the following boards of various agencies and/or committees as follows: 1. California Contract Cities Association. Appoint Melissa Ybarra as the delegate; and William J. Davis as the alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 2. Central Basin Water Association. Appoint William J. Davis as the delegate; Yvette Woodruff-Perez as the alternate; and reaffirm the City of Vernon’s Director of Public Works, Water and Development Services, or his/her designee, to also serve as the City’s alternate. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; William J. Davis as the alternate; and reaffirm the Director of Public Works, Water & Development Services or his/her designee, to also serve as the City’s alternate. 3. County Sanitation District No. 1. Appoint William J. Davis as the presiding officer of the City of Vernon to serve as the City’s member on the Board of Directors of County Sanitation District No. 1; and Yvette Woodruff-Perez as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the presiding officer as delegate; and Melissa Ybarra as the alternate. 4. County Sanitation District No. 2. Appoint William J. Davis to serve as the City’s delegate to the Board of Directors of County Sanitation District No. 2; and Leticia Lopez as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 5. County Sanitation District No. 23. Appoint current City Council (William J. Davis, Yvette Woodruff-Perez, Luz A. Martinez, Melissa Ybarra, and Leticia Lopez) to serve as the Board of Directors to County Sanitation District No. 23. Previous appointments, pursuant to Resolution No. 2015-22, appointed then City Council: W. Michael McCormick, William J. Davis, Luz A. Martinez, Melissa Ybarra, and Yvette Woodruff-Perez. 6. Gateway Cities Council of Governments. Regular City Council Meeting Minutes May 17, 2016 Page 6 of 11 Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate and Melissa Ybarra as the alternate. 7. I-710 EIR/EIS Project Committee. Appoint Leticia Lopez as the delegate and Melissa Ybarra as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: William J. Davis as the delegate; and W. Michael McCormick as the alternate. 8. Independent Cities Association of Los Angeles County. Appoint Melissa Ybarra as the delegate; and Yvette Woodruff-Perez as the alternate. Previous appointments, made pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 9. Independent Cities Finance Authority. Appoint Leticia Lopez as the delegate; and Yvette Woodruff-Perez as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Yvette Woodruff-Perez as the alternate. 10. League of California Cities. Appoint Melissa Ybarra as the delegate; and Yvette Woodruff-Perez and Luz Martinez as the alternates. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis and Melissa Ybarra as the alternates. 11. Eco-Rapid Transit (formerly known as the Orangeline Development Authority). Appoint William J. Davis as the delegate and Luz Martinez as the alternate. Previous appointments, pursuant to Resolution No. 2015-22 made to the Orangeline Development Authority were: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 12. Pacific Electric Right-of-Way/ West Santa Ana Branch Corridor Alternative Analysis. Appoint Melissa Ybarra as the representative on the Steering Committee; and reaffirm the City’s appointment of the City’s Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. Previous appointment, pursuant to Resolution No. 2015-22: W. Michael McCormick as the representative; and Director of Public Works, Water and Development Services, or his/her designee, to serve on the Technical Advisory Committee. 13. Southeast Community Development Corporation. Appoint Leticia Lopez as the delegate; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and Melissa Ybarra as the alternate. 14. Southeast Water Coalition. Appoint William J. Davis as the delegate; and Yvette Woodruff-Perez as the alternate; and, reaffirm that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Regular City Council Meeting Minutes May 17, 2016 Page 7 of 11 Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate; and, reaffirmed that said appointed representatives shall also be the City’s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. 15. Southern California Association of Governments. Appoint Yvette Woodruff-Perez as the delegate; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2015-22: W. Michael McCormick as the delegate; and William J. Davis as the alternate. 16. Vernon Solid Waste Hearing Panel. Appoint William J. Davis, Yvette Woodruff-Perez, and Luz Martinez to serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities. Previous appointments, pursuant to Resolution No. 2015-22: Melissa Ybarra, Yvette Woodruff-Perez, and Luz Martinez. C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing its representatives and alternates to the boards of various agencies and/or committees. D. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments, and post in accordance with state laws and/or regulations. City Clerk Maria Ayala reported on the proposed. It was moved by Ybarra and seconded by Martinez to approve the Resolution No. 2016-23. Motion carried, 4-0. Finance Department 17. Resolution of the City Council of the City of Vernon Adopting an Annual Statement of Investment Policy for Fiscal Year 2016-2017 and Delegating Investment Authority to the Finance Director/City Treasurer. Recommendation: A. Find that approval of the investment policy for Fiscal Year 2016-2017 is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378, and B. Approve a Resolution of the City Council of the City of Vernon adopting an Annual Statement of Investment Policy for Fiscal Year 2016-2017 and delegating investment authority to the Finance Director/City Treasurer. C. Approve the addition of Section 8.3 to the investment policy. This section will prohibit speculative investments which includes investments in derivatives such as contracts-options, swaps, and futures/forward contracts without a clear, identifiable, justifiable, and effective hedgeable item. Finance Director William Fox reported on the proposed. Regular City Council Meeting Minutes May 17, 2016 Page 8 of 11 It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-24. Motion carried, 4-0. Gas and Electric Department 18. Vernon’s Support of the Natural Gas Settlement Agreement for Enhanced SoCalGas Balancing Rules during the Outage of Aliso Canyon Storage Facility Recommendation: A. Find that approval of the authorization of Vernon’s proposed support of the natural gas balancing settlement agreement is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Authorize the City Administrator to sign the proposed Natural Gas Balancing Settlement Agreement, on behalf of the City of Vernon, the result of which will be more favorable gas balancing rules on SoCalGas during the period that Aliso Canyon gas storage field is off line. The Natural Gas Settlement Agreement has been reviewed and approved by the City Attorney’s office. Interim Director of Gas and Electric Peter Hervish reported on the proposed. It was moved by Ybarra and seconded by Lopez to authorize the City Administrator to sign the proposed Natural Gas Balancing Settlement Agreement. Motion carried, 4-0. 19. Base Contract with Occidental Energy Marketing, Inc. for Sale and Purchase of Natural Gas (the “NAESB Contract”) Recommendation: Items A-B: A. Find that (a) the agreement between the City of Vernon and Occidental Energy Marketing, Inc. is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Authorize the Interim Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and Occidental Energy Marketing, Inc. (“OEM”) in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from OEM, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Interim Director of Gas and Electric Peter Hervish reported on the proposed. Regular City Council Meeting Minutes May 17, 2016 Page 9 of 11 It was moved by Martinez and seconded by Lopez to authorize the Interim Director of Gas & Electric to execute the North American Energy Standards Board (“NAESB”) contract. Motion carried, 4-0. Public Works, Water, and Development Services Department 20. Contract Award for City Contract No. CS-0602: City Housing Improvements Recommendation: A. Find that the proposed Capital Improvement Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make interior or exterior alterations involving partitions, plumbing, and electrical conveyances; and B. Accept the bid of St. George Groupe Inc. as the lowest responsive and responsible bidder and enter into a contract at an amount not to exceed $119,875 for the renovation of a single family home located at 4323 Furlong Place and to reject all other bids. Further authorize a contingency of $20,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Director of Public Works, Water, and Development Services Derek Wieske reported on the proposed. Ybarra and Lopez had questions regarding the order of the housing improvements and the improvement plan. Director Wieske responded to their questions and explained the ADA compliance steps that were going to be taken. It was moved by Ybarra and seconded by Martinez to approve the Contract Award for City Contract No. CS-0602. Motion carried, 4-0. 21. Resolution of the City Council of the City of Vernon urging the Los Angeles County Metropolitan Transportation Authority to modify the proposed Measure R2 Local Return Funding Allocation for Local Transportation Infrastructure. Recommendation: A. Find that the approval of the proposed resolution in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve a Resolution of the City Council of the City of Vernon urging the Los Angeles County Metropolitan Transportation Authority to modify the proposed Measure R2 Local Return Funding Allocation for Local Transportation Infrastructure. Director of Public Works, Water, and Development Services Derek Wieske reported on the proposed. Senior Advisor to the City Administrator Fred Macfarlane gave an update about the changing landscape of transportation in Los Angeles County. It was moved by Martinez and seconded by Lopez to approve Resolution No. 2016-25. Motion carried, 4-0. ORAL REPORTS Regular City Council Meeting Minutes May 17, 2016 Page 10 of 11 22. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: seeking suspect in the April 30th hit-and- run fatal accident. Police Captain Michael Gillman reported that there were no vandalism incidents. Fire Chief Mike Wilson reported on the following: Pancake Breakfast for Boy Scouts; an update on the ‘Fill the Boot’ campaign; and the Department having provided assistance to a woman giving birth. Director of Public Works, Water and Development Services Derek Wieske provided a brief update on: a Public Works BBQ taking place on Thursday and the City bicycle plan. Director of Finance William Fox reported on the ongoing routine rating of City bonds by Moody’s and S&P. Director of Human Resources Isaac Garibay gave an update on new positions that were opening and ongoing recruitments. City Clerk Maria Ayala reminded the Council about upcoming Board and Commission vacancies and appointments. 23. City Council Reports – brief report on activities, announcements, or directives to staff. No reports provided. Mayor Davis recessed the meeting at 11:28 a.m. and reconvened at 11:35 a.m. CLOSED SESSION At 11:35 a.m., the City Council entered into closed session to discuss the following agendized items: 24. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association 25. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(a) Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 26. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 12:40 p.m. the City Council exited closed session. City Attorney Hema Patel announced that there was no reportable action from closed session. With no further business, at 12:40 p.m., Mayor Davis adjourned the meeting. Regular City Council Meeting Minutes May 17, 2016 Page 11 of 11 ________________________ William J. 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(o frd.!): EUts9 <tr15atlj oE3'aOdtLl.l oi"--.-o =) aL!z d =-9<lJ=Pu.xYx66z qJoo z FZE =r uJ..|406=of<2 zoFo- doo UJo FzfoE Io.oo EoozUJ :: g 3N -ci2i2 2Er=EE6Aif;gsOHE- l4=a,.r6# u = oYo UJ-oo IIJFz d,o- ooo@-oo@- t: o N N o)o- N eoq a,t No) otr.'.rj aara) @- @ ?ol,uFzEo- l,uo9o;F-,aQF E <^oz!i-)dE 6 OJr!<205io UJIo >JJ<GF<oUJFYo UJ o J FoF IJJt = 3N ,- ciz.i2OErro EEHqi{HSOHilItI=='66fr G, B ozlII dt G o UJx.E RECEIVED JUN 2I 2016 CITY CLERI('S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: July 12,2016 Honorable Mayor and City Council CarlosRFandino,Jr.CityAdministrator M b'Zct-lV Originator: Lilia Hernandez, Executive AssistanYtd the City Administrator Report on FY 2015/2016 Docket Mrants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Receive and file this report as it is being provided for informational purposes only pursumt to Section 2.167(e) of the Vernon Municipal Code. Backsround On June 14,2016, the Vernon CommUNITY Fund Grant Committee (Grant Committee) held a special meeting to discuss its fourth docket of grant awards for lhe 201512016 Fiscal Year. As noted in the chart below, only three of the four grant applications on the fourth docket were approved by the Grant Committee at the amounts and terms recommended: The application for CiclAvia was denied by the CommtINITY Fund Grant Committee, as the event for which the grant was requested had already occurred. It was recommended that the CiclAvia organization submit a new application for a future event. Section 2.167(e) of the Vemon Municipal Code requires the Grant Committee Executive Director (City Administrator) to provide the City Council a report of the grant related actions Applicant Original Amount Requested Amount Recommended Proposed Term LA Family Housing $150,000/2 years s75.000 1 year Big Citizen HUB $50.000 s50.000 1 year Coalicion de Latinos Americanos (CODELA)$235,000/2 years $22.000 l year CicLAvia $50.000 None None Total s485,000 $147,000 Page I of2 taken by the Grant Committee within 30 days of any regular meeting and within 15 days of any special meeting at which grants are awarded. However, the July 12, 2016 Council Meeting is the first opportunity for the report to be presented to Council. Fiscal Imoact The total recommended grant award amount of $147,000 is included in the 2015/2016 City Budget and is wirhin the recommended quarterly allocation of approximately $187,500 for this fiscal year. Any grant funds not awarded this fiscal year will be rolled over to the 201612017 fiscal year. Attachment(s) None. Page 2 of 2 RECE]VED JUN 2I 2016 cffictfff('sotflcE o gsrnun RECEIVED JUN 2 9 20t6 CITY ADMINISTRATION @ a-z+tv FIRE DEPARTMENT Michael A. Wilsory Fire Chief 4305 Santa Fe Avenue, Vemon, Califomia 9fi)58 Telephone(323)58&8811 Fax(323)82G1a07 June26,2016 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the vemon Fire Department Activity Report which covers the period of May 16, 2016 through May 31,2016. Respectfu lly Submitted, Fire Chief MAW:ar : Fireletnow f ,4c fus ia e $ I nltu tria f VERNON FIRE DEPARTMENT COMPAI\IY ACTIVITIES May 16,2016 to May 31,2016 ACTTVITY TYPE FIRE PREVENTION: Regular Inspections (#) : Re-Inspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE.INCIDENT GOURS): Planning District Familiarization Total Hours: PERIODIC TEST GOURS): Hose Testing Pump Testing This Period Last Year Last Year To Date 883 1254 This Period This Year To Date 704 91 10 805 966 87 23 0 730 134 l9 37 t2 1 50 50 193 t6 228 135 189 0 20 781 1056 328 1390 1270 r337 19 222 5622 u0 tt2 112 38 139 l4l 143 0 25 598 822 293 1256 1256 r250 30 239 5146 171 47 218 0 0 967 869 1836 26 l0 36 803 872 J 3 76 94 t70 2 0 1675 Total Hours: Page I PUBLIC SERVICE PROGRAMS GOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivitv 14 0 29 43 127 129 128 384 1476 15 4 t29 148 1233 1254 1278 3765 2 0 9 11 29 13 145 187 1235 1256 1274 3765 127 141 140 408 130112700 11706 Page 2 €o o N F N F rr1 F F O\ iYt rn - N F nl F F F - S N to oN !) 6- @ oN ui 6 = orlsl \o oN ah+,coEuc |!t,oF Pt-octod Pcot, ug lt-o o CL F FzI{ - Ftr ( !.I{o I{trE IT zoztrI{ i i L, E$ tu e a Eg*r g EEEEfE E *E r, EiEElrJ lr,l uJ lrJ l{ lrl lrr l! trJ lrl lrJ lrJ lrJ trJ l! trJ l! l! lr. l! E E ll ll lrJ4 FFzlrJo L., = lncident Type 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with iniuries 745 Alarm system activation,no fire,unintentional 321 EMS call, excluding vehicle accident with inju 311 Medical assist, assist EMS crew 700 False alarm or false call, other 730 System malfunction, other 740 Unintentional transmission of alarm, other 730 System malfunction, other 322 Motor vehicle accident with injuries 31 1 Medical assist, assist EMS crew 735 Alarm system sounded due to malfunction 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 740 Unintentional transmission of alarm, other 740 Unintentional transmission of alarm, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inJU 311 Medical assist, assist EMS crew 131 Passenger vehicle fire 322 Motor vehicle accident with iniuries 31 1 Medical assist, assist EMS crew 154 Dumpster or other outside trash receptacle fir 31 1 Medical assist, assist EMS crew 622 No incident found on arrival at dispatch addr 324 Motor vehicle accident with no iniuries 321 EMS call, excluding vehicle accident with inju 41 0 Combustible/fl ammable gas/liquid conditn,other 745 Alarm system activation,no fire,unintentional 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 542 Animal rescue 321 EMS call, excluding vehicle accadent with inju 31 1 Medical assist, assist EMS crew 311 Medical assist, assist EMS crew 322 Motor vehicle accident with injuries 322 Motor vehicle accident with injuries 622 No incident found on anival at dispatch addr 321 EMS call, excluding vehicle accadent with inju 150 Outside rubbish fire, other 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident with inju PREVENTION FOLLOW.UP? No No No No No No No No No No No No No No No No No No No lncident Date 05/16/2016 03:32:03 0511612016 07:45:21 05/16/2016 10:55:15 05/16/2016 13:50:17 0511712016 06:09:44 0511712016 06:38:27 0511712016 06:41:13 0511712016 10:17 .52 0511712016 10:20:11 05/1712016 11:18:08 05/1712016 16:00:38 0511712016 18:03.U 05118D016 08:12:17 05118D016 20:28:36 05/18/2016 23:46:08 05ngnfl602:54:U 05/19/2016 05:37:08 05/19/2016 07:53:34 05/19/2016 08:45:06 05/'19/2016 14:33:07 05/19/2016'15:31:09 05t20t2016 07.46:42 0512012016 09.22:08 0512012016 11.19:51 05nOl2O16 17 .22:59 0512112016 0833:40 0512112016 08:53:52 05/21l2016 09:06:36 05122/2016 03:40:19 05/2212016 05:05:19 0512212016 07:32:30 0512312016 11:55:31 05123D016 16:07:21 05123D016 16:19:43 05124D016 17:54:19 0512512016 17:31:01 0512612016 17:31:19 05n712016 O2:14.12 0512712016 O6:19:27 OSl27 nO16 13:29:19 O5l27120'16 18:00:08 0512812016 12.55:31 0512812016 22:37 :21 0512912016 00:38:54 shift No No No No No No No No No No No No No No No No No No No No No No No No No 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 0512912016 06:01 :07 0512912016 23.08:17 0513112016 06:20:52 05/312016 11:13:08 05/3120'16 13:59:03 No No No No No o \o o olNIFl lf! oN .A cot, UE ru+,oF *,Lo CLoG, +,coE'uEq-o o CL F FzI{ - Ftr ( 0.I{o EItr -It zoztrI{ FON6IF F e N ? 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E; u b o* E=.htliiE EgrF ; g* Ee*EEi:Exrr Ea$HeggggHEE$lrJ lrl r! l! lrJ r.rJ trJ t! trJ trl trl trJ trJ lrJ tr,l rrJ trl trJ trJ trJ trJ trl trJ trJ trl lrl t! h J d -Fu 5 = lrt +z so-E<NZf=rul EI< lrJ o o Luo- L Fzlr.leL' = NI\Olnl lft oN t^+,coE'utr .E+,oF +,t-oo.od +,coE' us tFo oo. F FzI{ - Ftr ( 0.I{o I{tr -It zoztrI{ ll) oN (,, EE ln oN LgEE>GF z,IJe = lrJa-IFz arJeu = RECEfi!/ED JUN 2 9 2016 cfiycrrRKS0fficE Mchael A. Wilson, Fire Chief 113)5 Santa Fe Avenue, Vemon, Califomia 90058 Telephone(323)5838811 Fax(323)82Gln7 June 26, 2016 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of Jnne l, 2016 through June 15,2016. Respectfu lly Submitted, MAW:ar : Fireletnow E 4c fusiv e fy I ntus tria I VERNON FIRE DEPARTMENT COMPANY ACTIVITIES June 1, 2016 to June 15,2016 ACTTVITY TYPE FIRE PREVENTION: Regular lnspections (#): Re-Inspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOI]RS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT (HOURS): Planning District Familiarization Total Hours: PERIODIC TEST (HOURS): Hose Testing Pump Testing This Period Last Year Last Year To Date This Period 42 5 ) 49 7t This Year To Date 746 96 12 854 1037 107 l8 150 137 t3'l 4 t6 569 169 771 157 20 948 1340 1051 954 2005 1163 346 1540 1407 1474 23 238 6191 928 338 l3 86 1381 1380 36 273 5722 4l 23 I 65 86 88s 968 82 96 84 85 3 J 0 0 0 0 106 45 130 125 130 6 34 576 178 1853 26 10 Total Hours: Page I 36 PUBLIC SERVICE PROGRAMS GOI]RS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE fi OURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity 29 l3 153 195 0 0 8 8 1358 r404 1463 4225 13992 6 0 20 26 ll3 125 127 365 t2t6 21 4 149 174 1346 1379 1405 4130 12922 123 148 r89 460 1292 Page 2 cl o r,r-arI-r'r N\OFF NF( - N F - + F F F l,! 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E z,lrJo L., = lncident Type 700 False alarm or false call, other 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with inju 745 Alarm system activation,no fire,unintentional 531 Smoke or odor removal 745 Alarm system activation,no fire,unintentional 745 Alar7r, system activation,no fire,unintentional 412 Gas leak (natural gas or LPG) 745 Alarm system activation,no fire,unintentional 611 Dispatched & canceled en route 735 Alarm system sounded due to malfunction 321 EMS call, excluding vehicle accident with iniu 322 Motor vehicle accident with injuries 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 311 Medical assist, assist EMS crew 461 Building or structure weakened or collapsed 321 EMS call, excluding vehicle accident with iniu 671 Hazmat release investigation M no hazmat 321 EMS call, excluding vehicle accident with inju 400 Hazardous condition, other 700 False alarm or false call, other 322 Motor vehicle accident with injuries 600 Good intent call, other 740 Unintentional transmission of alarm, other 611 Dispatched & cenceled en route 324 Motor vehicle accident Wth no injunes 324 Motor vehicle accident with no injuries 743 Smoke detector activation, no fire - unintenti 611 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with inju 571 Cover assignment, standby, moveup 142 Brush, or brush and grass mixture fire 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 32'l EMS call, excluding vehicle accident with inju lncident Date 06/01/2016 09:40:00 0610112016 10:21:21 0610112016 11:27:13 06/01/2016 13:31:19 0610112016 15:02.40 06t0212016 M:25.47 06/02/2016 13:38:33 06/03/2016 08:28:59 06/03/2016 08:55:39 06/03/2016 1 1:02:51 06/03/2016'16:08:51 06/03/2016 17:41:30 0O10312016 19.17:U 06/04/2016 08:49:41 06/04/2016 19:55:09 06104D016 21:09:37 06/052016 0'l:53:52 06lOSn016 02:43:42 06/052015 05:15:18 06/06/2016 01:39: 19 06/06/2016 04:42:29 06/06/2016 09:16:46 0610612016 10:27:47 06/06/2016 19:18:49 06/07/2016 10:38:13 0610712016 12:55:45 0610712016 12:57:40 06t07t2016 14.01:11 0610712016 15:04:21 06t0712016 15.56:44 0610712016 17:25:M 06t0712016 19:07:40 06/08/2016 06:22:06 06/08/2016 07:10:48 06/08/2016 09:38:51 OGlOBl2016 12:51:26 06108D016 20.29:44 06/09/2016 05:06:43 06/09/2016 10:04:38 06/09/2016 12:55:09 06/09/2016 13:4'l:20 06/092016 18:44:15 06/10/2016 08: 15:41 0611012016 12:24:19 PREVENTION FOLLOW.UP? No No No No No No No No No No No No No No No No No No No No No No No No No NO NO No No No No No No No No No NO No No No No No No No shift 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident with inju 321 EMS cell, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 740 Unintentional transmission of alarm, other 700 False alarm or false call, other 321 EMS c€ll, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with iniu 522 Water or steam leak 440 Electrical wiring/equipment problem, other 322 Motor vehicle accident with injuries 311 Medical assist, assist EMS crew 500 Service Call, other 520 Water problem, other 641 Vicinity alarm (incident in other location) 57'l Cover assignment, standby, moveup 571 Cover assignment, standby, moveup 622 No incident found on arrival at dispatch addr 622 No incident found on anival at dispatch addr 735 Alarm system sounded due to malfunction 322 Motor vehicle accident with injuries 531 Smoke or odor removal 324 Motor vehicle accident with no injuries 420 Toxic condition, other 7 45 Alarm. system activation,no fi re,unintentional 321 EMS call, excluding vehicle accident with inju 420 Toxic condition, other 611 Dispatched & canceled en route 622 No incident found on anival at dispatch addr 745 Alarm system activation,no fire,unintentional 420 Toxic condition, other 0611012016 13:42:45 061 1 1 12016 06 .27 :55 06/112016 15:56:16 06t11D016 16:01:32 0611112016 23:15:33 061142016 05:02:59 0611212016 O5:15:47 0611212016 09:25:14 0611212016 12:47:20 0611212016 14:56:50 0611212016 16:48:02 06/13/2016 10:39:26 06/13/2016 11:31:33 06/13/2016 16:46:31 m,|1412016 02:28.13 0611412016 02:37 .44 0611412016 02:39.01 06t14t2016 04.21.36 06114D016 05.04:51 06t14t2016 09.19:42 061142016 11:34:23 06t14t2016 't3:56:42 0611412016 18:15:24 06/15/2016 07:59:35 06/15/2016 09:15:40 06/15/2016 09:40:17 06/15/2016 10:01:58 06,11512016 14:44:08 06,11512016 14:47:19 06/15/2016 19:16:10 06t15t2016 20.36.07 No No No No No No No No No No NO No No No No No No No No No No No No No No No No No No No No Io o dt64FNte F - - Ur l,t l..l N F F F N F P F - .,} F |o oN ro oEI la oN oc: O\ltol rft oN ut.Pcot,uE tEa,oF Pt-o CLoE, {.,coE' U Eq-o o CL F FzI{ EFtr ( 0.I{o I{trII IT zoztrI{ .i E s e , E r E g gg gE E I i, iEegEEE,,lrt lrl l! lrJ lrJ Lu lr,l lr,l lrJ lrJ trJ trJ trJ l! lJ- !- lr- l! lr- L L lI l! lr lr lrlo- E zlrJoU = F rYt r{ @ - N F F = - SR !r F F.\. 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ITIo I{trI'It zoztrI{ -lntl rOl lrl4 r- zlrlaU = RECEIVED JUN 2 8 2016 CITY CtER('S OFFICE Daniel Ca]leros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 587-5171 Fax (323) 826-1481 June 16,2016 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., June 1, 2016 up to and including midnight ofJune 15,2016. Respectfu lly submitted, VERNON POLICE DEPARTMENT {r.*z C/1"* DANIEL CALLEROS CHIEF OF POLICE DClar lE4ctusive$ Iniu*riat VERNON POLICE DEPARTMENT D epartment Activity Rep o rt Jurisdiction: vERNoN Firsl Dale: 0610112016 Last Date: o6/rt2or6 Depa ment Complaint Type Descriplion All Units Primary Unit \?D 106 10-96H 10-96M 166 2000r 20002 20002R 211S 242 242R 4'15 422R ,1594 459R 459V 459VR 470 476R 4U il84R 487R 586 566E 594 594R 602 9017 90,I TR 9027 9O2TR 909C 9097 91,| 9t 1A 9t7A 925 4484 ASTVFD BOVEH CITCK CIry ALARMS CITY HALL ALARMS. FINANCE. CITY CLERK. HEAI. oFFtcER ts 106 c7.96r,962.1G10. WASH. EQUIPI\ PICK UP THE JAIL PAPER WORK FROM HP JAIL 10-96 MARY fiAIL OETAIL) COURT ORDER VIOLATION INJURY HIT AND RUN NON-INJURY HIT ANO RUN NON.INJURY HIT ANO RUN REPORT SILENT ROBBERY ALARM BATTERY MTTERY REPORT DISTURBING THE PEACE TERRORIST THREATS REPORT AUDIBLE BURGLARY ALARM BURGI-ARY REPORT BURGLARY TO A VEHICLE BURGLARY TO A VEHICLE REPORT FORGERY FRAUO REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT REPORT PARKING PROBLEM PARKING ENFORCEMENT VANDALISM VANDALISM REPORT TRESPASS INJURY TRAFFIC COLLISION INJURY TMFFIC COLLISION REPORT NON]NJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION REPORT TRAFFIC CONTROL TFAFFIC HAZARD 9'l MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE SUSPICIOUS CIRCUMSTANCES ATTEMPT PETTY THEFT ASSIST VERNON FIRE DEPARruENT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER SURVEILLANCFJSTAKE-OUT COP DETAIL OETECTIVE INVESTIGATION OETAIL DEPARruENTAL ASSIST OFFICER IS 10.6 REPORT WRITING 124 2 o 3 5 9 11 3 2 1 16 2 153 7 1 3 3 5 4 6 7 20 2I 7 12 21 2 35 8 2 8 3 9 3 21 2 44 15 b 1 e 1 1 39 4 7 58 109 2 4 I 2 4 5 I I I 6 I E9 4 I 2 I 3 I 5 5 t7 I 3 3 6 ,1 I 24 4 I 6 2,| 2 l0 I l9 II 5 I 2 I I 24 4 2 53 CIVIL CODE5 coP DET DETAIL DPTAST FILING 0416/2016 07:09:56 Page of VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction: vERNoN Fircl Dale: 05/0112016 Last Date: o6fit2ol6 Depa menl Complaint Typ" Description All Units Primary Unil VPD JAILPANIC TEST THE JAIL PANIC ALARM BUTTON FOUNO PROPERTY REPORT FOLLOW UP GRAND THEFT AUTO REPORT HAILED BY A CITIZEN KEEP THE PEACE LOCATED VERNON STOLEN VEHICLE LOJACK HIT MISC REPORT PUBLIC ASSIST-POLICE PATROL CHECK PROPERW DAMAGE ONLY PEDESTRIAN CHECK LOST OR STOLEN PTATES REPORT PRISONER TRANSPORTED RECOVERED STOLEN VEHICLE FOUND FU GTAR HBC KTP LOCATE LOJACK MR6O PAPD PATCK POO PEOCK PLATE PRSTRAN REC PANIC ALARM PANIC ALARi/-/DURESS ALARM 3 5 2 13 2 4 2 5 1 1 12 99 2 60 6 14 8 ,| 1 3 1 142 64 8 2 1 5 12 3 5 2 7 2 2 2 3 I I 8 83 I 5J 2 ll 3 I I 2 I lll 45 6 I I 3 t2 RECDALARM TEST THE RECORDS ALARM RECKLESS OT RECKLESS ORIVING (23I03) RR SHOTS RAIL ROAD PROBLEM SHOTS TRAFFIC STOI TRAFFIC STOP VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VERNON MUNICIPAL CODE VIOLATION WARMNT WARRANT ARREST WELCK WELFARE CHECK WRNTSVC WARMNT SERVICE vt\.,tcvro Deparlmenl:I 193 8t9 Overall:I r93 820 06/16/'2016 07:09:56 Page of Period Ending: 06115116 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misderneanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned/Stored Vehicle Traffic Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST ARt6-0180 CRl6-0896 ARl6-0181 CRl6-0901 ARl6-0182 CRl6-0905 ARl6-0187 CRl6-0915 ARt6-0191 CRl6-0950 ARt6-0195 CR16-0962 VERNON POLICE DEPARTMENT Police Activity Report NO. IE l3 5 PROPERTY RECOVERED VEHICLES: S90,000.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: S13.500.00 9 68 25 102 39 29 11364 H&S 166(AX4) PC 14601.1(A) vC 32310(A) vC 10851(A) vc 470(D) PC J 8 6 5 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING O6/15i16 MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY FORGERY & COUNTERFEMNG 1 1 GRAND THEFT AUTO 1 1 HTT AND RUN INVOLVING DEATH/INJ 1 1 POSSESS LARGE CAPACITY MAGMINE 1 1 ROBBERY TRANSPORT/SELL CONTROLLED SUB. WARMNT (VERNON CASE) WARRANT (OUTSIDE AGENCY)1 1 2 TOTAL FELONY ARRESTS 5 1 6 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY COURT ORDER VIOLATION 1 1 DRIVING WSUSPENDED UCENSE 1 1 DRIVING UNDER THE INFLUENCT I 1 POSS. CONTROLLED SUBSTANCE 1 I POSS. PAMPHERNAUA RESIST/DELAY TO PEACE OFCR. SHOPL]FT]NG WARMNTS (VERNON CASE)5 1 7 WARMNTS (OUTSIDE AGENCY) TOTAT MISD. ARRESTS 10 1 11 JUVENILES DETAINED ---AND MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL VANDAUSM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET.0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:196 63 127 o E) e N a c.i .i +oiF;F ;:;r;;:j ;; 9 Nq! :q{sNta);2 E5 '3o E3 6oiAY?'lc: : d9 85 :L oE E6 \c F.t!t 1: \o \c o !r !r \,s+ S6 €(oEd E(D Fo)s3 -s3 -s3aP <9 <P!o =o =c),\.\r .:(\.lB5 E5 55 s6-!F-:No:'.):S,;j;-adiSE--ErEETETEEo ao qods d9 d9@F-('o(.r9 ! 'o'J)ora) ro o rtdo- 6 o< - ? J at ttd ll--x6io B =i E En="ff3e 5.ltl.i63 HEEHS2SLL=< 2*,=EE>-otu I ooooox dddt!t!: >>>>> : 2o9 =e.or!J>l^' zd*d9 =<i; i>lo <oao =3e:s F">z6fBP oO> riJ50- zO co-rr =.JJJft'n^ out =J \ d, I=?fodjE 9=g<o r> ;d u lrL e E5E;89 ? ooo,16 (L o- o-e >>> 5sei\ Fo.d \c t\o *€\)\ :.s !)=!Jsq5 s t \J re \ a QA .s!l\! 2ozd.!J E! 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(o a.o sO !.O 06 06 !i o, =9!=':::.oYtss s : qo q6A9 E9.o @@I f!9.o 60,I 99! 99 Oo@z9 - t(Ior:N LI,J 9 - (Ji3 6 =" aazL!tr --- g ---.- > ."idig YEdd33 r?i -zdd ='- ?F 6" ; E3'8 r 3 3s\ ^< ; l+i; Ei 2 HA ^iJ t!) @ aodq I' l:cIg :5 5:99qr Bg EHU;;g* :u= SEEi<ur ii "'=89*; "'E "'zZ in trOo= = () Eo<6 <O2= < O uzOl< >ou.J-ld o ouJI *r* i FPFFR B s E ER =@ Fo-d \o \c \o al sra aa)el\o \o \o 6l Ra;e! Fo-eE \c I\o al Sr F(!E \o \o at Sd9> Fo-oE \c \o \o i8<<o o6 = s,oa; -N AoE6 !6-i3 -s3a@ <@ !o !o \r./ \J d06 06 sosY,.r:SsEqo \oat at!! :: 9Y! o; I e 996 :-- 60 </r. e OIEFBR r-.-;u tL !f =R tsE!E i5>o E ee(id >> oo(ii d \c a .S\) I n( \ a t q o e a + a l\ !s \$s+ 9\ a \.s !tqG ss * € Iz .E QA ,\! zozdr! t 6 :(L)os S rSc)a { qq) ;\F( 5 \q)s F{ Lo$n( $ { C F\e F{\Rt\q NtNaI {oq eokF< s o e .i .3o I(' E6 EE-i8 Ytr\)o ={?Y\t E c.lltao 3S zoztuJ 'S<Jzio2nIIJ ouJ .>so<14iUaDclz ztrtr,I :i RoE3bo I Fo- coE \o I a ! U) S Irl t fP =\ ,u sa !.s -src -*.r .i * a -at e L) q!aa .\!l\H zozEIIJ = JasIos S s S { \ Bq a) ;\Fr \ \q)s !\ \ $q s { C F\ek)\Rl\ n<ttrlaI {o \zoeE s o a h ,S c q RECEIVED JUN 3 0 2016 CITY CLTRl('S OFFICE RECEIVED JUN 2 3 2016 CITY ADMINISTRATION G u-zq-PSTAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: July 12,2016 Honorable d City Council Derek Wie tor of Public Works, Water and Development Services Department Originator: Rafael Contreras, Project Engin eer [2-C . Approval of an Implementation Agreernent with Gateway Cities Council of Governments (GCCOG) for the Atlantic Avenue/Boulevard Corridor Study RE Recommendations It is recommended that the City Council: A. Find that the proposed action is statutorily exempt from Califomia Environmental Quality Act C'CEQA) review, in accordance with CEQA Guidelines $ 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Authorize the City Administrator to execute the Implementation Agreement between the City of Vemon and the Gateway Cities Council of Govemments (the "Agreement"), in substantially the same form as submitted herewith, for the Atlantic Avenue/Boulevard Corridor Study; and C. Appoint a member of the City Council to the Atlantic Avenue/Boulevard Corridor Studies Committee. Background The mission of the Gateway Cities Council of Govemments (GCCOG) includes transportation planning for the sub-region and advocating for maximum public sector funding for city and sub- regional projects. The Atlantic Avenue/Boulevard corridor is a major north-south travel corridor through the entire width of the Gateway Cities subregion, connecting the Cities of Long Beach, Compton, Lynwood, South Gate, Cudahy, Bell, Maywood, Vemon, Commerce, as well as unincorporated communities of the County of Los Angeles including East Los Angeles, to the GCCOG boundary at SR-60. Atlantic Avenue/Boulevard carries a significant amount of traffic, particularly in relieving heavy traffic volumes along the I-710 Freeway, which it closely parallels. The cities along the Atlantic Avenue/Boulevard Corridor ("Corridor") are desirous of establishing a "Complete Streets" model on this major easVwest arterial corridor; to rel ieve traffic congestion and to enhance active transportation opportunities in the neighboring communities. GCCOG proposes to complete a comprehensive Atlantic Corridor Complete Street Evaluation and Master Plan. The development of a subregional arterial corridor plan would position the participating cities to apply for, and receive, federal, state, and regional funding for improvement of the Conidor. The Joint Exercise of Powers Agreement of the Gateway Cities Council of Govemments (the *JPA"), to which the City is a sigratory, provided authoriation on June 1,2016 for affected members to execute an Implementation Agreement for the purpose of authorizing GCCOG to implement, manage and administer the Atlantic Avenue/Boulevard Corridor. The GCCOG has requested the City of Vemon to authorize this agreement to allow GCCOG to implement and initiate the Atlantic Avenue/Boulevard Corridor Study in the firtherance of the public interest, necessity, and conveyance. The agreement has been reviewed and approved as to form by the City Attorney's office. The proposed Implementation Agreement will establish two committees: the Atlantic Avenue/Boulevard Corridor Cities Committee and the Atlantic Avenue/Boulevard Corridor Technical Advisory Committee (TAC). The Atlantic Avenue/Boulevard Corridor Cities Committee consists of elected members ofthe legislative bodies of each agency that has entered into an Atlantic Avenue/Boulevard Corridor Study lmplementation Agreement with GCCOG. The Atlantic Avenue/Boulevard Corridor TAC shall consist of a staff representative of each agency that has entered into an Atlantic Avenue/Boulevard Corridor Study Implementation Agreement with Gateway, generally such representative being the Public Works Director or designee. The Atlantic Avenue/Boulevard Corridor Cities Committee meetings will be held at the GCCOG headquarters in Paramount and are anticipated to be reoccurring infrequently on an as needed basis. Financial Impact The estimated cost of the study, which is expected to take one year to complete, is $301,535, funded by contributions from the participating agencies through an Implementation Agreement with the GCCOG. The assessed proportional cost of the study for the City of Vernon will be $14,932. Adequate funds have been included in the Public Works, Water & Development Services Department Budget for FY 2016-17 to absorb this cost. Attachment 1. Implementation Agreement with GCCOG Page 2 of 2 ATLANT]C AVENUE/BOULEVARD CORRIDOR STUDY IMPLEMENTATION AGREEMENT BY AND BETWEEN GATEWAY CITIES COUNCIL OF GOVERNMENTS AND CITY OF VERNON THIS ATLANTIC AVENUE/BOULEVARD CORRIDOR STUDY IMPLEMENTATION AGREEMENT ("Agreement") is made and entered as of the day of 2016, by and between the Gateway Cities Council of Governments ("Gateway") and the City of Vernon, a California chartered City and municipal corporation of the State of California ('City), individually a "party" and collectively, the "parties". WITNESSETH: ln consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows: Section 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) Atlantic Avenue/Boulevard is a major north/south arterial corridor through the Gateway Cities from Long Beach on the south to State Route 60 on the north; and (b) Atlantic Avenue/Boulevard carries a significant amount of traffic, particularly in relieving heavy traffic volumes along the l-710 freeway, which it closely parallels; and (c) The cities along the Atlantic Avenue/Boulevard Corridor ("Corrido/) are desirous of establishing a "Complete Streets" model on this major easuwest arterial corridor; to relieve traffic congestion and to enhane,e active transportation opportunities in the neighboring communities ("Atlantic Avenue/Boulevard Corridor Study" or the "Study"); and (d) The development of a subregional arterial conidor plan would position the participating agencies to apply for, and receive, federal, state, and regional funding for improvement of the Corridor; and The parties hereto are each a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; and Section 21 of that certain Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments (the "JPA"), to which the City is a signatory, provides that when authorized by the Board of Directors, affected Members may execute an lmplementation Agreement for the purpose of authorizing Gateway to implement, manage and administer area-wide and regional programs in the interest of the local public welfare; and The costs incurred by Gateway for the Study, including indirect costs, shall be assessed only to those Members who are parties to an lmplementation Agreement; and City, by and through its legislative body, has determined that this Agreement is desired to authorize Gateway to implement and initiate the Atlantic Avenue/Boulevard Corridor Study and is in furtherance of the public interest, necessity and conveyance. Section 2. Committees. (a) Atlantic Avenue/Boulevard Corridor Cities Committee. There is hereby established a committee to be known as the Atlantic Avenue/Boulevard Corridor Cities Committee. The Atlantic Avenue/Boulevard Corridor Cities Committee shall consist of an elected member of the legislative body of each agency that has entered into an Atlantic Avenue/Boulevard Corridor Study lmplementation Agreement with Gateway, designated by the respective legislative bodies. The Atlantic Avenue/Boulevard Corridor Cities Committee will work in coordination with the Atlantic Avenue/Boulevard Conidor Technical Advisory Committee to provide policy assistance, guidance and direction to Gateway as administrator of this Agreement. (b) There is hereby established a committee to be known as the Atlantic Avenue/Boulevard Corridor Technical Advisory Committee. The Atlantic Avenue/Boulevard Corridor Technical Advisory Committee shall consist of a staff representative of each agency that has entered into an Atlantic Avenue/Boulevard Corridor Study lmplementation Agreement with Gateway, designated by the City Manager or, for the County of Los Angeles, the appropriate designating authority. Such designated representative shall be the Public Works Director or the equivalent for each agency. The Atlantic Avenue/Boulevard Corridor Technical Advisory Committee shall report to and receive direction from the Atlantic Avenue/Boulevard Corridor Cities Committee. (e) (0 (s) (h) 2 Section 3. lmplementation of Atlantic Avenue/Boulevard Corridor Studv. To the fullest extent of its authority, the City authorizes Gateway to implement and initiate a Corridor Study for the length of Atlantic Avenue/Boulevard through the Gateway Cities subregion, including initial feasibility studies (as approved by the Corridor Cities and Technical Advisory Committees) required to coordinate with other regional transportation studies. Further, the City authorizes Gateway to request funding and partnering with other public transportation agencies for the Atlantic Avenue/Boulevard Conidor Study (Caltrans, SCAG and Metro). Section 4. Scope of Work. The Scope of Work to be performed under this Agreement is described in Attachment A, attached hereto and incorporated by this reference. Section 5. Assessment for Proportional Costs of Studv. The City agrees to pay to Gateway upon execution of this Agreement an assessment as described in Attachment A, attached hereto and incorporated herein by this reference, for City's proportional share of the projected costs of the Study. Section 6. Termination of Aqreement. Either party may terminate this Agreement for any reason, in whole or in part, by giving the other party thirty (30) days written notice thereof. Section 7. Meetinqs. All regular, adjourned and special meetings of the committees established by this Agreement shall be called and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended from time to time. Section 8. Miscellaneous. (a) Compensation and Expense Reimbursement. All members of the Atlantic Avenue/Boulevard Corridor Cities Commiftee shall receive a stipend of one hundred dollars ($100) for attendance at each meeting. Each member shall be reimbursed for reasonable and necessary expenses actually incurred by such member in the conduct of business related to the purposes of this Agreement, pursuant to an expense reimbursement policy established by the Gateway Cities COG prior to such expenses being incurred. (b) Amendments. This Agreement may be amended by written agreement of the parties hereto. (c) Hold Harmless and lndemnification. To the fullest extent permitted by law, City and Gateway agree to save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined as set forth in this section. (d) Partv Action. Unless otherwise provided in this Agreement, any action of a party required or authorized in this Agreement shall be by appropriate legislative action of the governing body of such party. (e) Notice. Any notice required to be given or delivered by any provision of this Agreement shall be deposited in any United States Post Office, registered or certified, postage prepaid, addressed as set forth below, and shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy- two (72) hours thereafter. Written notice shall be sent in the aforesaid manner: To Gateway: Gateway Cities Council of Governments 16401 Paramount Boulevard Paramount, CA 90723 Attention: Richard Powers, Executive Director To City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Derek Wieske, Director, Public Works, Water & Development Services 4 (0 Waiver. Waiver by a party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. (S) Law to Govern: Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. ln the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. (h) No Presumption in Draftino. The parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the party drafting it or causing it to be prepared shall not apply. (i) Entire Aqreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. O Severabilifu. lf any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). (k) Litiqation/Proceedinq Fees. ln the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable fees, costs and expenses, in addition to any other relief to which it may be entitled. (l) Successors. This Agreement shall be binding upon and inure to the benefit of any successor of a party. (m) Assiqnment and Deleoation. Neither party shall assign any rights nor delegate any duties under this Agreement without the written consent of the other party. (n) Countemarts. This Agreement may be executed in one (1) or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes. (o) Execution. The legislative bodies of the parties hereto each have authorized execution of this Agreement, as evidenced by the respective signatures attested below. lN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed the day and year first wriften above. CITY OF By: William Davis, Mayor Maria E. Avala. Citv Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney GATEWAY CITIES COUNCIL OF GOVERNMENTS Ali Saleh, President ATTEST: Richard Powers, Secretary APPROVED AS TO FORM Richard D. Jones, Legal Counsel 6 Attachment A Atlantic Avenue/Boulevard Corridor Study Scope of Work and Budget Gateway Cities Council of Governments Atlantic Corridor Complete Street Evaluation and Master Plan SECTION I: INTRODUCTION, PROJECT GOALS & OBJECTIYES INTRODUCTION The Gateway Cities Council of Govemments (GCCOG) proposes to complete a comprehensive Atlantic Corridor Complete Street Evaluation and Master Plan. This effort will include close coordination and significant collaboration with the Cities of Commerce, Vemon, Maywood, Bell, Cudahy, South Gate, Lynwood, Long Beach and Unincorporated Los Angeles County. The Atlantic Corridor is a major regional North-South travel corridor through the GCCOG jurisdictions. Recent studies have identified the Atlantic Corridor as deficient in many locations, with a wide range of technical issues. Identified issues along the Atlantic corridor include future 2035 volume/capacity and Average Daily Traffic (ADT) volume failure, vehicular delay, high accident/collisions rates, poor Level of Service (LOS), high truck volumes, and poor freeway ramps operations. The study will evaluate the Atlantic Corridor beginning in the City of Long Beach traversing north to Unincorporated LA, for a complete street. Two primary altematives considered include l) the Atlantic Corridor as a "Complete Streef in an "unconstrained" condition to quantifu the preliminary engineering and evaluate the feasibility, ald 2) as a multi-modal Corridor evaluated for consistency across the sub-region, including a potentially phased approach to a Complete Street, along with any major challenges and the project benefits. The results would provide potential firnding partners with an understanding of the holistic context of the improvements. Evaluation would include the existing and future 2035 traffic conditions, Levels of Service, truck volumes/impacts, pavement rehabilitation, pedestrian and bicycle traffic, transit connections, parking, commercial and residential linkages, City entryways/gateways, and potential safe routes to school options. The study would require participation and consensus from all stakeholders, including Commerce, Vemon, May.wood, Bell, Cudahy, South Gate, Lynwood, Long Beach and Unincorporated Los Angeles County, on the general consistency and aesthetic theme of the corridor. The study scope of work is detailed below. RESPONSIBLE PARTY The study will be led by GCCOG staff. The GCCOG anticipates the following scope of work to complete the effort provided in the pages to follow. PROJECT GOALS AI\D OBJECTIVES The goal of this study is to improve the Atlantic Corridor by promoting a balanced, comprehensive multimodal ffansportation system in an effort to enhance sustainability of the communities it serves and address local and regional transportation needs and issues. The study results and the Complete Sheet Master Plan are expected to lead to programming and implementation of the transportation improvements of complete streets. Specific goals include improving multimodal mobility and access, promote and preserve multimodal transportation system, improve safety and security, foster livable and healthy communities, promote social equity and environmental justice, improve the air quality, and support economic vitality and quality of life of its communities. Objectives include:o Identi! improvements to reduce transportation related greenhouse gases o Identi! concepts to creating sustainable communitieso Identi& and develop community to school or safe routes to school plans e Identify and develop complete street plans and streetscapes planso Identiff and develop bike and pedestrian safety enhancement plans o Identifl traffic operations and safety enhancements opportunitieso Evaluate for Corridor enhancements for multimodal mobility, access, safety, and linkages. Evaluate transit improvement opportunities to preserve tmnsit facilities and optimize transit infrastructweo Evaluate accessibility and connectivity ofthe multimodal transportation network SECTION 2: SCOPE OF WORK CIASKS) I. PROJECT MANAGEMENT AI{D ADMINISTRATION a. Project lnitiation . The GCCOG will hold a kick-off meeting with the jurisdictional stakeholders to discuss project expectations including the scope and schedule. b. Project Admini stration . The GCCOG will track and report milestone status and completion-at least quarterly, but no more frequently than monthly. c. Project Management o GCCOG will manage the project, including the coordination ofproject team meetings and all outreach efforts. Caltrans will be invited to participate in the project team meetings, as needed and appropriate when considering improvements that affect their facilities. 2. DATA COLLECTION AND REVIEW OF EXSTING CONDITIONS a. Existing Information & Documents 8 . GCCOG staffwill field review the corridor. . GCCOG staff will meet with each of the jurisdictions/stakeholders. . GCCOG staff will gather all relevant document and literature for review and summarize usefirl information and findings relating to the Corridor. 3. MULTI-MODAL CORRIDOR EVALUATION AND ANALYSIS a. Existing Conditions Corridor Evaluation and Analysis o GCCOG staff will conduct an existing conditions analysis by identifuing opporonities and constraints for the multimodal Corridor. Analysis would include the current traffic conditions and Levels of Service, truck volumes/impacts, pavement needs, pedestrian and bicycle traffrc, transit connections, parking and other commercial and residential linkages, and City entryways, or gateways, and potential safe routes to school options. This information will primarily be obtained via the existing technical information prepared from the I-710 draft EIR./EIS as well as the Strategic Tran sportation Plan. b. Future Conditions Corridor Evaluation and Analysis o GCCOG staff will use data and information from recent studies on future conditions along the project Corridor and conduct thorough future conditions analysis for the multimodal Corridor. Analysis will include the 2035 traffic conditions and Levels ofService, truck volumes/impacts, pavement needs, pedestrian and bicycle traffic, transit connections, parking and other commercial and residential linkages, and City entryways, or gateways, and potential safe routes to school options. 4. COMPLETESTREETSNEEDSANALYSIS a. Conduct Needs Analysis . GCCOG staffwilt conduct a detailed needs analysis for complete streets and multimodal Corridor development, and identifuing constraints/opportunities. A complete streets menu of options, or opportunities table, will be generated and coordinated with each jurisdiction to determine those elements which are most important and should be the focus ofthe jurisdiction. 5. COMMUNITY AND STAKEHOLDER OUTREACH a. Stakeholder Outreach . GCCOG staff will coordinate meetings to discuss the project with various stakeholder agencies. Access control and possible improvements that benefit/affect their facilities will be presented. GCCOG staff will also conduct stakeholder outreach after developing the concept altematives and after the development of the draft Master Plan. 9 7. . GCCOG staffwill coordinate and facilitate a workshop to introduce the project, define project parameters, present the project opportunities and constraints, and solicit opinions. GCCOG staff will also present the project to interested City Councils', or other affected groups after developing the concept altematives and after the development of the draft Master Plan. COMPLETE STREETS IMPLEMENTATION ALTERNATIVES a. Develop Altematives . Based on the existing and future conditions evaluation and the stakeholder/community input, GCCOG staff will develop altemative concepts for complete street implementation, and will include concept plans, sketches, and photos. . Two primary altematives considered include l) the Atlantic Corridor as a "Complete Steet" in an "unconstrained" condition to quantifu the high level engineering and feasibility, and 2) as a multi-modal Corridor evaluated for consistency across the sub-region, including a potentially phased approach to a Complete Street, along with any major challenges as well as project benefits so that potential funding partners could r.rnderstand the holistic context of the improvements. CONCEPTUAL DESIGN OF COMPLETE STREETS MASTER PLAII a. Develop Master Plan . Based on the preferred design altemative chosen in the stakeholder and outreach efforts and discussions with the Cities, GCCOG staff will develop a draft Master Plan. DEVELOP CONCEPTUAL DESIGN ALTERNATTVE WITH COST ESTIMATE a. Develop conceptual Design Altemative with Cost Estimate . The conceptual plans will be based on site visits, engineering analysis and recommendations from City staff input. o The conceptual plans will include proposed striping, roadway improvements, and structural improvements, connectivity to adjacent existing bikeway systems, and connectivity to fuhrre bikeway systems in order to understand the necessary improvements that will be required by the project footprint PRESENTATIONS TO COMMITTEES AND CITY COTJNCILS a. Presentations o GCCOG staff will prepare and present PowerPoint presentations to Committees and City Councils, describing quantified and other benefits. 9. l0 10. FINALIZE CONCEPTUAL DESIGN OF COMPLETE STREETS MASTER PLAN a. Finalize Master Plan with Schedule o GCCOG staff will finalize the Master Plan. . A prograrn level project schedule will be prepared for preliminary engineering, environmental documentation, design and construction o Four hard-copies and four electronic copies of the final Master Plan will be submitted to each jwisdiction. SECTION3: SCHEDULE The Gateway Cities Council of Govemments (GCCOG) proposes to complete lhe Atlantic Corridor Complete Street Evaluation and Master Plan over the period of approximately I year, with an anticipated kick offin July 2016. SECTION4: COST The Gateway Cities Council of Govemments (GCCOG) proposes to complete the Atlantic Corridor Complete Street Evaluation and Master Plan for approximately $259,024.24, whtch includes GCCOG consultant staff time and overhead GCCOG expenses. The initial breakdown, below, is based on linear mile for each jurisdiction. 11 lurisdictron Corridor Designation Segment Limits Linear Mlles Thror8h , urlsdlctlon Cost Per Jurisdiction rclll.ph ned to 5i5O 16:5 24,a35 15 r€hr66h n6bd !dh ro25cst|d 0,6!9903,87 o,3 I .hut SrEt lmh ro fbr.rE At!l4 5 1,371:10 ,ata 16 str..t ro jun l{onh otabbon Rd 1 s 22,a55 o€ ,'$orD. l a$tr lCi $fl.. trEt to id .'rft ol Alo.(i.t2l s t8.t!tt.5! hlt dth d bndr. EqIffd to t s 6,551 '! l^u.* ^-,- ts A,td.. Ric Fgth l9 Oe.n o@bsd ai 5 12:l,alr,a: Corridor Milti 19.S 301,5:!4.69 Additionally, there was discussion at the initial meeting regarding firnding scenarios, and how Cities would 1) pay for this effort; 2) could receive credit for work already completed or economy of scale; and 3) if there were additional outside sowces that could pay or contribute to the cost of the study. Regarding each jurisdiction paying their per linear mile proportional share, it was noted that there are several funding options, including a City's Prop C, Local Retum Measure R, AB 27 66 funds, since part of the project involves bicycle and pedestrian facilities, gas tax and/or general funds. Regarding credit for work already completed or economy of scale, it was difficult to quantiry a cost on planning/design already completed, which likely does not consider all complete street, master plan, and/or Corridor collective goals and variables included in this scope of work that sum, that create the overall Corridor vision. Lastly, regarding outside sources, this Corridor is a regional corridor, with a nexus to both the 6051405/91 Measure R Hot Spots and 710 Early Action revenue stream sources. However, in discussions with GGCCOG management and MTA staff, it was determined that the initial effort should be locally sponsored to show commitment to the vision and effort. Once the vision is established, with unanimous participation, there has been a high success rate of additional funds being infi-rsed into the project to take it to the next phase of implementation. 12 RECEIVED JUN 2I 2016 CITY CLERt{'S OFFICE RECEIVED JUN 2 3 2016 CITY ADMINISTRATION M t -zq-kSTAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: Juty 12,2016 Honorable Mayor and City Council Derek Wies ctor of Public Works, Water and Development Services Department Originator: Anthony Zarate, Administrative Secretary }(' Amendment No. 3 to an Agreement with Kronick Moskovitz Tiedemann & Girard for Legal Services Related to the Vernon Village Park Housing Development Project RE: Recommendation A. Find that approval of the proposed amendment to the Kronick Moskovitz Tiedemann & Girard Agreement is exempt from Califomia Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a "project' as defined by CEQA Guidelines, Section 15378; and B. Authorize the Mayor to execute a third amendment to the Kronick and Moskovitz Tiedemann & Girard Agreement dated November 20,2012, increasing the maximum fees by $6,000 for a total not-to-exceed cost of $ I 16,000. The original contract was the result of an advertised, competitive selection process and anticipated additional services on the housing project such as those to be secured through this amendment. Backsround ln 2012, the City of Vemon conducted an advertised, competitive selection process to select the specialized legal services required for the proposed Vemon Village Park Housing Development Project ("Development Project"). As a result, the City entered into a three year agreement in the amount of 545,000, on November 20,2012, with the law firm of Kronick Moskovitz Tiedemann & Girard (KMTG) to act as Associate Counsel in connection with the City's proposed Development Project and to provide legal counsel on other legal matters from time to time. Since that time, KMTG has provided legal services in connection with the drafting and negotiation of a Development Agreement, Disposition and Development Ageement and provided legal review of Zoning amendments, General Plan update and the environmental document prepared in compliance with the Califomia Environmental Quality Act (CEQA). On May 7,2013, City Council approved Amendment Number I increasing the original contract by $50,000 to cover additional work spent on CEQA matters related to the City of Malryood and South Coast Air Quality Management District's (SCAQMD) comments, as well as finalizing the ground lease and other regulatory agreements for execution, reviewing and negotiating new agreements prepared by the lender and or investor, and providing assistance on other matters that arose during the closing of the housing development property. On May 20,2014, City Council approved a second amendment increasing the contract amount by an additional $15,000 to assist with legal matters related to the construction and leasing of the Development Project. In December 2015, KMTG assisted with legal matters related to a termination agreement and estoppel of the housing development property, causing an unforeseen expense in the amount of hours spent. Consequently, KMTG exhausted the funds allocated for this project and it is recommended that an additional $6,000 be authorized to pay the remaining outstanding balance. Staff does not anticipate any additional services from KMTG. The amendment has been reviewed and approved as to form by the City Attomey's office. Fiscal Impact Sufficient funds have been allocated in the City's Fiscal Year 2015-2016 operating budget to absorb the proposed additional cost associated with legal services related to housing. Attachment I . Amendment No. 3 Page 2 of 2 AMENDMENT NO.3 TO THE ATTORNEY SERVICES AGREEMENT (TRANSACTIONAL) FOR LEGAL AND RELATED SERVICES FOR THE PROPOSED HOUSING DEVELOPMENT This Amendment ("Amendment No. 3") to that certain Agreement for legal and related services for the proposed housing development dated November 20,2012, (the "Agreement"), is made as of July 1,2016, by and between the City of Vemon, a Califomia charter city and municipal corporation (the "City"), and Kronick Moskovitz Tiedemann & Girard ("Associate Counsel"). a Cali fomia corporation. WHEREAS, the City and Associate Counsel are parties to a written Agreement dated November 20,2012, as amended on May 7,2013 an.d May 20, 2014, under which Associate Counsel assists the City in connection with the City's proposed housing development project, and provides advice and assistance in other legal matters from time to time; and WHEREAS, the City and Associate Counsel desire to amend the Agreement to increase the total not-to-exceed amount by an additional S6,000.00, and to extend the Agreement to August 1, 2016. NOW, THEREFORE, the parties to this Amendment No. 3 agree as follows: l. Effective as of July l, 2016, the total amount for the period ofNovember 20, 2012 through August 1,2016, shall not exceed $116,000.00. 2. Except as expressly modified by this Amendment No. 3, all provisions of the Agreement shall remain in firll force and effect. 3. The provisions ofthis Amendment No. 3 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 3 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 3. 4. The person or persons executing this Amendment No. 3 on behalfofeach ofthe parties warrants and represents that he or she has the authority to execute this Amendment No. 3 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 3 as of the date stated in the introductory clause. ISTGNATURES FOLLOW ON NEXT PAGEI -1- CITY OF VERNON Kronick Moskovitz Tiedemann & Girard, a a Califomia charter city and municipal Califomia corporation corporation William Davis, Mayor ATTEST: Maria E. Ayal4 City Clerk APPROVED AS TO FORM: By: Name: Title: Brian Byun, Deputy City Attomey By, Name: Title: 2 RECEUED JUL 0 ? 20t6 CITY CIERl,('S OFTICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: July 12,2016 Honorable Mayor and City Council Carlos Fandino Jr., city Administrator C ( lp( Originator: lsaac Garibay, Director of Hu6an Resourc es A RESOLUTION O 'THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM O' UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON FIRE MANAGEMENT ASI OCIATION FOR TI E PERIOD OF JULY I, 2016 THROUGHJUNE30 2OT9 Recommendations A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Fire Management Association proposed in this staff report is exempt under the Califomia Environmental Quality Act C'CEQA) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Fire Management Association for the period ofJuly 1,2016 through June 30,2019. Backeround The City and the Vemon Fire Management Association C'VFMA) concluded labor negotiations on June 8, 2016 regarding wages, benefits and working conditions for the 2016-2019 Memorandum of Understanding ("MOU"). This report recommends the City Council's approval of benefits and contract language incorporated into an agreement with the VFMA, which has been reviewed and approved as to form by the City Attomey's Office. Attached as Exhibit A to the resolution is the MOU for the employees represented by the VFMA, which incorporates provisions mutually agreed upon during the negotiation process. The MOU effective date is July 1,2016, and shall expire at midnight on June 30, 2019. Page I of2 Members of City staff and representatives of the VFMA reached agreement on the proposed contract language, Council. Key provisions of the proposed MOU are: met and conferred in good faith, and subject to the approval of the City o Effective lluily 9,2016 (first full pay period in July), the base salary schedule will be increased by 2%0.o Effective ldy 9,2017, the base salary schedule will be increased by an additional 2%. o Effective July 8, 2018, the base salary schedule will be increased by an additional 2%. o Effective July 9, 2016, employees who are not at the top step of their Classification Compensation Plan and have attained one year of an overall "satisfactory" or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall receive one merit salary advance. Effective Jdy 2017 and for the remainder of this agreement, employees who are not at the top step oftheir Classification Compensation Plan and who achieve an overall "exceeds standards" ranking during their annual performance review in accordance with the City's Performance Evaluation Policy will receive one merit salary advance on the first full pay period in July. Employees shall continue to receive their annual evaluations as scheduled in the City's Performance Evaluation Policy and employees may receive more than one annual merit salary advance during the term of this Agreement.. For employees who elect Employee-Only, Employee + Spouse and Employee + Children health benefit tiers, the City agrees to provide the same flat dollar cafeteria contribution that corresponds with the respective Low Medical HMO, lowest cost Dental DMO, and lowest cost vision plans combined, or $ 1,100 per month, whichever is gleater. . All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $ 150 shall be raised to $150.o The gnevance presentation and procedure shall provide for an informal remedy to resolve disputes at the lowest possible level, effectively reducing undue administrative burden, and to adjust the number of days to respond. Fiscal Imoact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Vemon Fire Management Association for Fiscal Y eat 2016-2017 is $75'530' The approximate cost for Fiscal Year 2017 -2018 and Fiscal Year 2018-2019 cannot yet be determined as the cost of health and welfare benefits are variable and unknown. Attachments l. Resolution Approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Fire Management Association. Page 2 of 2 RESOIJUTION NO. A RESOLUTION OF THE CITY COI]NCIL OF THE CITY OF VERNON APPROVING THE MEMORANDI]M OF IJNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON FIRE MANAGEMENT ASSOCIATTON FOR THE PERIOD OF JTILY 1 , 2 015 THROUGH .JIJNE 30 , 2OI9 WHEREAS, Ehe Vernon Fire Management Association (.,VFMA., ) has been recognized as an employee organizat.ion pursuant to Ehe City of Vernon Employer-Employee Relations Resolution (Resol-uEion No. 4027\; and WHEREAS, on July L5, 2014, the City Cotrnci 1 of the City of Vernon adopted Resolution No. 2Ol4-47, as amended on June lG, 2O!5 W Resolution No. 2015-41, approving a Memorandum of UndersE.anding by and between the CiCy and the VFMA for the period of July L, 2Of4 through ,fune 30, 2016; and WHEREAS, Ehe City and VFtitA have concluded l_alcor negoE.iations regarding wages, benefits and working condit.ions for the period of JuIy l-, 2016 t.hrough ,June 30, 2019; and WHEREAS, represencative members of the VFMA and the City have agreed to execut.e a Memorandum of Understanding (,'MOU,, ) setting forth certain terms and conditions for employments of Citsy of Vernon employees in classifications represented by the vFltA, for the period of July 1, 2015 through June 30, 2019; and WHEREAS, tshe City Council desj-res to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCTL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the CiEy of Vernon hereby the above recit.als are t.rue and correct. City Council of the Cit.y of Vernon finds under the California Environmental euality finds and determines that SECTION 2: The that this aclion is exempt Act ( "CEOA" ) review, because it. is an administrative act.ion that will noE result. in direct or indirect physical changes in the environment, and t.herefore does not constit.uEe a "project" as defined by CEQA Guidelines section 15378. SECTION 3: The CiEy Council of the City of Vernon hereby approves t.he Memorandum of Understanding bet,ween the Citsy of Vernon and t.he Vernon Fire Management Association, in substantially Ehe same form as tshe copy which is atCached hereto as Exhibit A. SECTION 4: The Cit.y Council- of Ehe City of Vernon hereby instructs Ehe City Administ.rator, or his designee, to lake whatever actsion is deemed necessary or desirabfe for the purpose of implement.ing and carrying out the purposes of t.his ResoluEion and the transactions herein approved or auE.horized, including but not limitsed to, any nonsu-bslantive changes Eo the MOU at.t.ached herein. SECTION 5: The CiEy Counci] of Ehe City of Vernon hereby directs the Citsy Clerk, or the City Clerk's designee, Eo send a fuIIy executsed MOU to David Lazar, Vernon Fire Management Association President. 2 SECTION 5: The City C1erk, or Deputy City C1erk, of the City of Vernon sha11 certify t.o Che passage, approval ald adoption of tshis resolution, and the City Clerk, or DepuEy City C1erk, of tshe City of Vernon shaLl cause this resolution and Ehe City Clerk,s, or Deputy Citsy Clerk's, certificatsion t.o be entered in E,he File of Resolut.ions of the Council of t.his City. APPROVED AND ADOPTED this 12th day of July, 2016 Name: Title:l(ayor / Mayor Pro-Tem ATTEST: Citsy Clerk / DepuEy Citsy clerk APPROVED AS TO FORM: Moussa, Senior Deputy City Attorney 3 STATE OF CALIFORNIA )) ss COUNTY OF LOS ANGELES ) f,, City Clerk / DepuEy City Clerk of the CiEy of Vernon, do hereby certify that. Che foregoing ResoluE.ion, being Resol-utsion No. , was duly passed, approved and adopted by the CiEy Council of the City of Vernon aC a regLrlar meet.ing of the City Council duly held on Tuesday, JuLy 12, 2OL5, and thereafter vras duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed Ehis day of JuIy, 201-5, at Vernon, California. City Clerk / Deputy City Cferk (SEAL) 4 EXHIBIT A MEMORANDI,JM OF I.JNDERSTANDING BETWEEN CITYOFVERNON AND VERNON FIRE MANAGEMENT ASSOCIATION July l, 201!4 through June 30, 201!6 FIIE TABLE OF CONTENTS MEMORANDUM OF I]NDERSTA.I\IDING PartiestotheMemorandumofUnderstanding.. ........................5 ARTICLE ONE: FIJNDAMENTAIS Section I : Recognition ....................... Section 2: No Discrimination Section 3: MutMlcooperarion..-, ..............7 Section 4: t yoffs Section 5: No SEikes or l.ockouls Section 6: City / VFMA Me€tings Section 7: Association Business 7 7 SectionS: Association [.eave.............8 .8 I Maintenarce of Existing Conditions.--..-.............................................9 lvtodifi cadon and Waiver ARNCLE THREE: SALARIES Secrion 9: Driver License Requircmen( .-.......,.-..... Section l0: Palroll ARTICLE TWO: LEGAL LIMTTATIONS. SAVINGS CLAUSE & TERM trgal LimiEtions and Savings Clause -...... ......................................................9Section l: Sectiotr 2: Section 3: Section 4: Section l:II Section 2: Assistant Fire Chief Secrion 3: Baf,ati€FeHef Fire Batulion Chief/Firc Marshall.................. Seciion I l: Hazrrdous Materia.ls Specialist Pay ....-...--..--..-.......... Section l2: UrbanSearchendRescueSpecialisrPay..................................-..--.--.... l5 S€{tion l3: PhysicalFrhesJwellnessProgram..........-..--............-.,..............-.--... t5 S€ction 14: Computation of Pry ... -...........-...............,-.,.--. 15 l.l Seciion I: Section 2: S€crion l: S€ction 2: S€ction 3: S€ction 4: S€ction 5: S€ction 6: t2 Section 7: Section 8: Section l: Section 2: Section l: Section 2: Section 3: Section 4: Section 5: S€ction 6: S€ction 7: S€ction 8: Section 9: Section l0: Section I l: CaI Back...............20 22 Non Compensable ..... .... ARTICLE SIX: UNIFORMS Section l: Uniform Allowance ARTICLE SEVE:,i: BENEFITS Public Employees Retirement System Supplernental PERS Section l: Vacation Time. Cafeteria Plan. .. Medica.I................ Dental Education 24 24 25 Other Employee Progams.................-................ Redree's Medical..... ARTICLE EIGHT: VACATION 26 l8 ARTICLE NINE: HOLIDAYS "ln Lieu" Holiday Time ....................................30 "In Lieu" Holiday Time - AdminisEative Personnel,... ....,.... - -....... -.. -. -.- 30 ARTICLE TEN: SICK LEAVE 20 26 Section l: Sickteave..............''''''" """"32 MEMORAIIDTM OF UNDERSTANDING BETWEEI{ CITY OF VERNON A"tttD VERNON FIRE MANAGEMENT ASSOCIATION Parties to thc Mcmorandum of UDderslatrditrg Pursuant to Chapter l0 (section 3500 et seq) of Division 4, Title I of the Crovemmem Code and Resolution No. 4027, the Resolution fcr the adminismtion of Employer-enployee rclations, l.tle matErs within tlle scope of representation thal are s€r fofih in this Memor-andum of Understanding (MOU) have been discussed by and b€tween representatives of dle City of Vemoo and the representatives of the Vemon Fire Maragement Associarion, (hedeinafter "VFMA"), ad ercept as otherwise specifically provided hercin shall apply only ro 6ose defined in the aforesaid Resolution as *tull-time swom and rEgular pan-time emptoyees in fte Fre Depame'lt managenrent ard confidendal employe€s," othen*,ise known as Chief Officers. This MOU constitutes ajoint agreenent by the Municipal Employee Relatiors ReprcsenErive ("MERR") and the VFMA, to be submined to lhe City Council of Vemon fe its detemination and approval by one or more Resolutions or mirances as the City Council may deem fir and proper. Tbe MERR and dle Repres€ntative of the VFMA have agreed that ihey will jointly urge ttE City Council of Vemon to adopt one or morc Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of emplolrDent agreed upon in this MOU. If approved, the terms agreed upon by this MOU shall take effect on July l, 20104, and shall expire at midnight on June 30, 20196. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED. &e VFMA a the City of Vemon agree as follows: ARTICLE OIYE FT]NDAMEI{TAIS Sct'tion l: Xecoe rion The City recognizes the Vemon Flre Management Association as tlF exclusive recognized employee oBanization on b€hats of all full-tim€ swom, nraragenrent personel engaged ir file prevention, suppression, adminisu-ation and par-afiedic services rriftin the City, including, but not limitrd to, erwloyers @cupying the job classilications of Assistan! Fire Chief, E€-M.6hal.M6n-eHdFire Battalion Chief, and Fire Marshall. Sec'tirn 2: No Discrimilatioo The City ard the Associadon arE commitr€d ro wtrking @gedrer to suppqt a wofk envirooment chancErized by fair treaEnent and access to equal opponunities. The provisions of ftis Mernoiardum of Undef,starding shall be applied equally to all er4loyees co\€red hereby. NeitlEr lhe City Dc tbe VFMA shal disqiminare against any rrdividual, +plicant or employee with resp€ct to his coEpensation, t6rns, condition, or privileges of employment tr b€cause of an individual's race, color, sex, rcligion national fiigin, age, madtal starus, disability, pregnancy, sexual orientation, political o. religious opinions ff affiliations, oI membership or non-membership in the VFMA. The terms "drcy" a "dEir" may be used in this agrcement as substitutes for the terms "his," "her," "hiJher," "he," "she," or other terms which would indicate masculine or femidne gender. Whenever the male gender is us€d hercin it shall be corsarued to rcfer !o both male and female employees. Except as limited by dte specific and expr€ss tcrms of lhis Memoiandum of Und€rstanding, &e Association hrreby retains ard reserves unro itself all rights, powers, authmity. duties and rcsponsibiliti€s conferred on ard vesled in it by the laws and the Constitution of the State of California ard,/or the Unit€d States of Arnerica. The parties sp€cifically agee d|at neiher VFMA nor any VFMA repres€ntative or member shall be discriminated against, intimidarcd, coerced, disciplined or rehliated against b€cause of th€ lawful erercise of irs fi his rithts, inclding, bul not limited to. the righr to ptrticipate in VFMA aclivities, serve as a VFMA officer or director, m odrcrwise represent the interests of VFMA. S€.tiop 3: Mub.l C@o.ratiro The parties recognize $e rccessity of c@p€rating oar maiteE of mutual corrc6n ard int€rest alld agree to wtrk iogether to marimize tbe effectiverEss of tlE Firc Depdtrnent alld E City and io accornplish goals in their mutual int€rEst. Section 4: Lavotrs In acaordaice with the Meyers-Milias Brown Act, dre City ard &€ VFMA shall meet and corf€f, oo the effecr of iis actions to traj€q4y_qlE any employee repres€nEd by dE VFMA. This will ocrur pri6 to implernentation except in enrergency circumstances d defimd in law, The agEernent to nreet and confer over tbe effect of the exercising of a Ciry right shall not in any way irnpair the righr of the City to exercise and implement any of its rights to layoff. kiotr 5: No Strikes or Lockotrts During tlle life of this agrEernent no woak stoppages, sEik€s, q slowdowns shall be caused 6 saictioned by dre VFMA, and no lockous sha.[ be rrrde by lhe City. Section 6: Citv/VTMA Mc.ti@s Repres€ntatives from the VFMA and drc City shall meet as needed to discuss issues of mutual concern. Scctiro 7: Assocbrior BEsire.s Reprcsentatives of th€ VFMA shall be allowed time to conduct their Association business as necessary during work hours. Representrdves of the VFMA shall have reasonable access to the work sites of unit enployees al any rime during the working hours lo conduct Associadon business as long as such visi6 do not unreesonably interferc with the conduct of the City's usual business ald the employee's work. Coordination of such work witl be made with dE Fire Chief m enswe the arailabiliiy of stafling levels f6 such me€tings. Representatives of VFMA may use afly Ere DepartEnr facilities ftee of charge ffi iB Board of Dt€ctcrs and gen6al membership nreetings provided such facilily is not otherwise booked. VFMA shall s€cure approval from the Fire Chief for the darc and iime it wishes !o secue us€ of th€ facility. The grarting of such approval will be made if lhe City faciliry is nor otherwise scheduled ro b€ used at the time of VFMA'S request. No uni! employee shall engage in polirical activity while on duty or in unifoflrl" Sectioo t: Assebtfutr Leavc Th€ VFMA President will haye available to hiny'her a toral of 240 hours of Associadon have Tirne at the beginning of each calendar y@r for conducting Association business off duly during time he andyor any of his Association board members would be regularly scheduled to work. The VFMA Prcsident witl be responsible fo. assigning any trave TinE ro his board membeis. Unus€d lDurs may not be cdried ov6 from one year ro the next without $e wri[etr audorization of lhe Fire Chief or his designee- ln each case where kave Time is requ€st€d, such request must be in writing to the Ere Chief a minimum of ?2 hours before th€ lrave Time is ne€ded unless the minimum otice period is waived in writing by drc Fire C'hief or his desi$ee. Association lrave T'lme will not be granted if it will caus€ overtime unless it is authcrized in wriiing by the FlrE Chief or his designee. D. In no case will Association Leave Tirne be used for political action puposes. Section 9: Driycr's LiceEc Reouircocoa Firefight€rs of all ranks flom Assistant Ere Chief and below musr maintain at the minimum a Class C driv6's license with a firefighrs endorceEEnt. Exceptions !o this rcquirenent must be approved in writing by the Fire Chief. kior l0: PoYroll lHuctioo The City shall, during the term of this agreemenq effect a pal'roll deduction for membership dues, service fees and o(her charges authorized pusuant to an executed form signed by the employe€ permitting such dedwtions. Any palmll deductions collected by the City shal be fansmitted on a biweekly basis to lhe treasurer of tlE Association, or such othfr pany designed in wriring by the Assaiation. The City shall not be obligared to put hto effect any new, changed, or discontinued dedrrtion umil 0E firsr pay period commencing not more tban thiny (30) days after receiving the rcquesl This provision shall remain operative as long as VFMA is the exclusive recognized employee orgadzation of unit enployees- B C Section 11: Term includine midnieht. the 30th dav of June 2019 or until the next Memoiandum of Underslandinq becomes effecti ve. aporovcd and adopted bv the Citv Council. A.RTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM @es€ It is understood and ageed rhat this Memorandum of Understanding (imluding, but not limi(ed to, the provisions of lhe Fair tabor Standads Aco and any ard all Resolutions or Ordinarces adet€d in implemenation thereof de and shall be subject to all Fes€nr and futurc applicable federa.l and state laws and regulations and shall be effective and implemented only to the exte[t permitted by such laws and regulations. If any pan of rhis Merno.andum of Unde.standing or of ary Resolution or frinaice adopted in implementation thqeof is in conl'lict or inconsistent wirh any such applicable provisions of federal and stare laws or rcgulatioos or otherwise held to be inElid or unenforceable by any tribunal of competent judsdiction, such part or provision shall be sus?erded and superseded, ajrd such applicable laws and regulations and lhe rcmarnder of this Memorandum of Understanding shall not be affeated $ereby atld shall rernain in full force and effect S€ctirn 2: M.int.oa&e ofExistiE Cotrdiaiotrs AIty employment policy, practices and/d benefils, inchding the al(ernative workw€ek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated hercin. In fte evcnt of a conflict between rhe Memorandum of Undersranding and 10 an existing poticy and/o. practice, this Memorandum of Undersbnding shall govem. kion 3: Modification end Weiver The City rcserves the right to add to, delete from, amend or modify the AdminisEative rules, the City Municipal Code, and rtrc Chy's Personnel Policies and Prccedures Manual during the term of $e Memorandum of Undeas@[ding, subj€ct !o th€ require[rnts of tbe Meyers-Milias-Brown Act and $e Firefidrcrs Procedural Bill of Rights AcL Scctfun4: Sevtrabilitv. In the event that a col,It finds any proyision(s) of this Memorandum of Urdqslanding r) be inva.lid or unenforceable, rhe panies intend thrt the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any Fovision dcclarcd inva.lid 6 unenforceable. 11 A.R,TICLE THNEE SAI]IRIES Sectitn 1; Saleries Effective the beginning of 6E pay period conhiniDg July 10, 20 164, the following sa.lary ranges arc established for enployees repres€nted by the VFMA based upon tlrc results of the City wide classification and compensation shrdy al dle ?5D percentile, and consistent with the proposed grade ard step pay ptan. Effective July tQ,201Q4, VFMA employees shall be placed at th Erade and step dnt is closest lo, but Dot low6 thar their culrcnt base salary. be increased bv 2%. b. Effective Julv 9. 2017. the base salarv schedule will be increased bv an additional 2%. 2%. D{fecdY€ JEnc g9 loli 12 Ere€Hef rhdl be in€reas€d by t 516 6i f6llows: See--++968ffiSep-+a+q st€P,l.--..-.--{]5p+3Sr€p5-+64 S@+8?4St€F-++trHr+98tStep4--------${258?ffi @ S{€Fl-----------{85$SteFH946SHi343 Sep4----------$9i863 S+ep5--$.1e356 Mffihall shall be iner8ased St€pl=---------*648 Srep4----------{9r$0 H9-534Sep-4---$re.e+tStep-++srt Step-+----------$8s+e?++6 Stepj----------{954Si€FH+H6+Sep-re569 S.ctirtr 5: Meria SaeB achieve an overall "exceeds standards" ranking durins their annual performance review in S€ctiotr 6: Salerv Adiosfuent IncE sa 74 In the event there is a saltry inequiiy between .anks or between enrployees within tlE Deparfnen! lhe Fire Chief, wilh approval of the City Adminisu-atfr, may implement a service adjusEn€flt iDcaerse up !o ten percent ( l0%) Fr month of dEir base salary- Sectim 7: Bilinrurl Pev A unit employee may be compensaEd for bilingual skills alier the erDployee denronsFates profrciency in speiking a foreign larglage (tlle ability ro read and wrire in a foreign lanflage may also be rested, if necessary), -which proficiency would be determined by successful completion of a foreign language proficiency lest designated by the Human Resources Departnrenl Those employees who successfully demonstrate this skill are eligible to.eceive an additional One Hund&d Twenty-Five Dollars ($125.00) per month for bilingual pay and shall not be considered to be pan of the employee's base monthly salary when computing incentive pay. Sectfun t: Educatinn Inc:Eative Pay hi6lhefa+{h€do+peri€a after satisfactorv comoletion of their evdluation oeriod. 15 additional three percent {3%) oer month oftheir base salarv or: per month of base salarv, . Education incentive pav is cumulative for a maximum of 6%. Effective July 1,2014, VFMA employees llho *ere prcmoted to a Fire management position prior to luly I, 2014 and hold a Chief Office( Ce.tificale, o. have compleGd coEsework equivalent thercto (i-e-, Califdnia SEte Fire Training Professional Certlfication Track for Chief Officer) shall receive an annual education incentive stipend in the amount of $2.0m. in two equal. semi-annual installments. Ttte first installment of SI,000 shall be paid wiri rhe lirst paycheck in January. and the secord insrallrnent of St,000 shau b€ paid with the first paycheck in July. Effective July l, 2014, VFMA employees who were promot€d on or alter July l, 2014 and hold a Chief Officer Cenificare shall receive an annual education stipend in tbe amount of S2,0m, in rwo equal, semi- amual installmenG. The first installnent of S l,om shall be paid wi$ rh€ f irst paycheck in January. and the second installrn€nt of Sl,m0 shall be paid with the fust paycheck in July. ffi: Jrdiifi.d, lrtrt Left: 0.25-. HrE rE; 0.2", Sp@ Bfr.E: 13.65 pt, UrE sip: Eady 19.05 pt, Fo.rAligntrEt BclilE, Tab ffi: o.ilt, Deomd aliqned + ibta 0.2' FornratH: Indent: Left:0.45', Irro hill€is fr tun$dnEr Tab sropsr 0-2., tr€cintal t6 S&tiptr I l: Ihzadoos Mrterials Speci.lisa Pav @ computinq incentive 9aY. Should employees represented by th€ vernon Eremen's Association (VFA) r€ceive across-fie board enhancemen6 to the existing Hazardous Mat6ials Sp.cialist Pay between July l, ml04 ad June 30, 20196, a like increase witl be provided to enployees represent€d by dte VFMA. Seckrn 12: Urbon Search and Restte (USAR) Pav t€€€Atr+efaJ4 Should employees rcpresenred by lhe Vemon Eremen's Association (VFA) rEceive across-lhe board enhancemmts to the existing USAR Pay between July | , 201E4 and June 30, 20196, a like incrcase will be provided to employees represenred by the VFMA. Scctioo 13: Ptvsirl trirnessy'I'Vdlorss hoer.m This progmm is mandatory for a.ll fire safety personnel. Any individual who aftei one (l) year of participation has completed a pre-pmgram frmess eyaluation, minimum paniciparion .€quireBrents, bi- annual fiEless €valuations atld verification of participation by dle Flre Chief will receive two hundred fifty dollars ($250.00). The Physica.l EEresvwellness Fogram is attached tleteto as Attachmenr "A", and incorporued herein. Section 14: Comouttirn ofPev A. Unit employees assigned !o a 4o-bour work week shall be paid on an hourly basis. The hourly rate shall be fte product ofdividing the moolhly salary by l7l.3ll. Upon beirg arsigned io a,(l hour sch€dule an €mployee's accn ed leave shall be reducrd by a factor of 1.4 and paid to rhe employee upon use or sepamtion at the e[ployee's 4o-bour rcgular mte of pay. Upon b€ing reassigned to a 55-hour schedule, all sucb accrued leave shall be inceased by a factor of I .4 . B. schour platoon personnel UniF employees assigned to a fifty-six (56) tprrr work week would be paid a widely fluctuating amount each pay period if they were paid for hours actually worked: $ercfore, such employees sha.ll be paid for lhe average number of hou$ iD a rwo (2) week p6iod, orE hundred aad twelve (l 12) houG. Excepdons f6 leave widrout pay houIs shall be rcpo.t€d and deducred from the average when pay is cornputed. The "Exception Repon" shdl be in a form approved by the City Administrator. ANTICI.E FOI]R LONGEVITY Scctim l: Eoployet* HiEd On or Bdnr Jult.3o, 1994 Upon attaining 5 y€ds of service with rhe City ofV€inon........................5% above base pay Upon anaining l0 ye.rs of sgvice widl dE Ciry of Vemon...........................10% above base pay Upon attaining 15 years of service with tl|e City 15% above base pay Upon anaining 20 years of service with the City of Vemon.............-.......20% above base pay Upon amining 30 yeds of s€rvice with tlle City of Vernon I an Assistant Fire Chief. Ba*di€c€hffiqB4E!!9qlehldl. or reMarshall...--..-................25* above base pay SectiDo 2: EDployc.s Hircd AIf.r Julc 30, l99a .trd bdorr Ih.rob.r 31,2013 Uponanaining5yeaBofservicewiththeCityofVernon........................5%abovebasepay 19 ARTICLE FTVE OVERTIME s..iiro l: Ov.itip. Aothodr ioo All overtime rcquests must have prior written authorizarion of a supervisd prior io tlle comm€ncenEnt of such ov€f,tinre wo.k. Wll€re pri6 written autho.ization is not feasible, explicit verbal authGizarion mEtl b€ obBin€d. Disparched ca.lls extending beyond dre end of duty tirE e€ consideEd as authqized. Policy h shall be the policy of the vemon Fire Depanmeni to hcnor p€lsonnel rcquesb for time off *hen possible, and disEibute ovenime oppdrunities in a fair and equihble mann6 io all nemb€rs. It shall be Ore Drparulrent's priGity to nuintain ess€ntia.l staffing levels when an-dngrng coveiag€. mer of Ell.ing vacarcies Ovenime vacaEies will be fill€d oo a ra -fcr-rank basis by frst ref€rring !o the list of p€rsonn€l in the same rank as rhe vacancy who have sigred up for ovenime arailability for that day. The individual in th same rank with the least ovenirne *crked rhat calendar year will have dre firsr oppomhiry to work dE overtime vacancy. If that eflployee does not el€c] to \xork the ovartime shift, dE person in dre sanre iank rs tlre vacancy with the nexl least a.mount of overtime worked dlat calendar year will have fte nert oppomnity- This pr@€ss will be followed until tlE ovenirE vacarcy is filled or the list of persomel within th€ sahe rank as fie vacancy is exlEustod. ln the event the vacancy is unfilled, the salne process will be used for dlose personnel who have signed up as avaiLble to *o(k ovenime lhat day who are qualified to act in the .ank in which dre vacanc, exists. If ftar list is also exhausted and ilE vacarrcy is nol filled, dE Frson tlEi is nor presently wqking and tluf is of the same rank as drc vacancy wiih dle least mandated overtine wffk€d that calendar year shall be mardat€d to work lhe overtime shift. What Ovenirne Vacancies Will Be Filled a- Any vacancy in the Be6alion€Sie{ElE B!4a!9!fqEEft rank that is the result of an employee using vacation leave shall be fiued first by a Ealloli6i€hicElq&@llq!..lghigil. lf a B. c 20 B€f,eli€+€HefFlre Bana.lion Chief is unable to fi]l the position then an Acthg ga*a.lioi ehiofFire Baualion Chief from dle establish€d Acting tisr *ill fill drc posirion. b. A vacancy lhat is the resuk of an ernployee using sick le.ve may be fill€d ar th discretioo of lhe Frc Chief. Section 2: Comoeosatorv Ovcrtime A. For firc suppression employees having an average work week of 56 hoors, corqensalory time shall accumulate at the premium rate of one and one-hatr (l tt) houls of compensatory tirDe fcr €ach one (l) hour of ovenime etually w6ked in excess of the employee's reguld scheduled working houxs for a 24 day work cycle. B. For employees baving an aveEge woa* we€k of forty (,l()) hours, compensatory time shall be accumulated at the premium rale of one and one-hatr (l ,6) ho'.Es of compensatory time for each one (l) hour of ovenirc actually worked during the erhployee's rcgular work week up to a maximum accrua.l of 480 houG. Secti,tr 3: ConEirsstorv TiEC PsvEaot opotr TcrDitr.ai(ro Employees shaU be entided to receive payment for a.ll accumulated compensatory tirne upoo their termination- Section 4: Usaee ofCompr|trsetffv T.lm Ermcd Accumulated compensatory tirne off may b€ Eken by an employee in the salrl€ numner as vacation tine as descriH in Article Eight of this MOU. Sectioo 5: Le.ve ldosio.s A. In determining an enployee's eligibility for ovenime cornp€nsation in a wo(k period, paid leaves of absence will b€ incloded in the total number of hours worked. Paid leaves of absence include, but are not limited lo, the following: I. Vaation 2. Holiday t €ave / In-tieu trave 4. AdminisEative tJave 5. Compensatory t-eave 21 6. Workers' Compensarion Lrave (4850 time) 7. Jury Duty 8. Bqeavenrnr trave 9. Militay t ave B. Sick Lrave - In determining an employee's €ligibility for ov€rrime conpensation, sick leave qlhgjl. not be inaluded i\ calculaaing the total number of ovenime hours worked in a Tdav work week- At dle time of MOU raaification, the implement tion of lhis provision was sti[ being analfzed. If dle City confiEns that calculaEon based on a Tday scrk *eek is enforceable under the Fair Labor Standards Act' rhis provision will be implem€flted after tlle City provides drc VFMA w tten notice of its confirmation, and a date clir.in on which this provision will tate eflecl If this provisioll is foulld to be unenforce.ble, tr Ciry ard $e Assciation agree to a re-oFler to discuss the exclusion of sick leave courting towards oveniire within a l*ork week. S€tibn 6: Trriritrp rtrd R..ertifi.raiop T.m TrriDitrg rime rhat is r€quired is conpersabb. Rtcaiificetbn time thar is directly rElat€d to an employ.e's job rvill be compensable if complet d duing assigned *ork hours q authqized for overtime by the Erc Chief. Sectioo 7: Cr[ Bects Call Back duty occus l}tEn an ernployee is ordered to reium to duty on a non-reguldly scheduled *ork shift. C.ll back dc not occur wlEn an e[ployee is held ovef from hivtrcr prior shift or is working pric to hiJher regula y scheduled shifl An employee called back to duty sha.ll be drdited with a minimum of four (4) hours work. Any hou$ worked in excess of four (4) hou$ stull be crediled on an hour-for-how basis (at rirne and one-half compensation) fo( ehlal time worked. When an employee is called back, his/her work rime shall b€ credited comrnencing upofl dre aim€ the employer has made dir€ct comact with (he employee Sedioot: Non.CoElENblc FaiEld: J'dfed, Irtit tl rJiE: 0.t, Urp Schg: 1.5 h.t lrlmErld + La/el: r + tunEriE syt: A 8, c, .+ Sbrt et t + AllgnrEt Lln + XE !d at 0.25i. + tr8nat: 0.t Far!.lt d: }.df€d, !ffi [rft:0,t, L/rt sPaahg: 1.5 22 B City Vehicle Use-Unir employees who are provided wift a City vehicle to mvel to and from wct shall no( be conpensated in any mann€r wtrarsoever fo( Eavel tirrle to ard faom work. ClodE^rnifqm Changing fime-Unir efiployees ar€ not au prized !o wear dEir uniffims or any pafl lher€of drat is distinguishable as such ml€ss on duty. Each employee is provided with a lock€i for his/her personal conv€nierce. Any employee nay utilize q not utiliza the locker for stomge and changing pupos€s at hiEkr own discrctioi. Nothing hqein prEv€nts an employce from we.ring his/her unifcrm to ard/or from hiyter r€sidence to *ork as long as fte badge and insigDia ee coverEd iD a non-unit issue garment such as a windbrcaker. Time sp€nt chrnging clothes befoE or after shift is nor consider€d hours wo*ed and is nor conpensable in afly tn nner wlElscver. An employee shall be allowed to make off duty pr€senadons withou conpensation in utliform upon dle approva.l of ttE Flre Chief. 23 AN,IICLE SD( TJNIFORM ALLOWANCE Sectioo l: Unfiorm All,owonce On th€ a[st pay ch€ck in August of eeh yezr, each unir employee shall be paid the sum of One Thousaod Dolla$ ($ lm-m) for dre purchas€ of miforms- A unit employee hired by fle City sha.[ Eceive an initial issue of uniforms. Uniform allowance is special compensation that shall be deemed erDed wtEn paid and shall be r€ported to CaIPERS 6s compensation eamable. The City shall provide all unit employees a1l rcquired saf€ty equipment, imluding, but nol limited !o, work boots. 24 ARTICLE SEVEN BENEMTS S.ctiotr lr hHic Emplovee R.iiltoena SvsLo ('PERS') The City shall maintain its contract with dE California Enployees Public Retirement System (CaIPERS) that provides VFMA unit employees with the tkee percent (3%) at 50 safety retirement benefit plan- As a result of lhe rece passage of AB 340 Public Employee Pension Reforrn Act (PEPRA), new CaIPERS membEs hired on or after January I, 2013 who meet dle definirioD of new membef, under PEPRA shall be pmvidd a2.7% aa57 CaIPERS rctircment benefit plan. Unit merEbers identified as Ca.IPERS "Classic Menlers " shall be responsible ffi paying 6eir CaIPERS nine percent (9%) employee's contributio.r. Unit rnemb€rs identified as "N*t Menben" vld.er tlp CaIPERS definition as a result of PEPRA shall be responiible for paying ttEir applicable CaIPERS employee's contribution. kiD 2: Suppl€pc rI PERS R.airtft B.ftfils The City agees to provide additional supplernental rctirement ben€fiB to VFMA urit employees under CaIPERS as fotlows: . Cov'[ Code Section: 2m42 - One Yed Fmal Compeflsadon: Enal compensation is the av€rage full-rirne rnonthly pay rate for the highes! rwelve (12) mnsecutive months. . Cov't Code Section: 20124 - Militarv Service Credit as Public Service: Employees may elect ro purchas€ up to folll (4) years of service credi!. . Gov't Code Section: 215'7 4 - 4th l.€vel oI 1959 Survivor Benelits: . Crov't Code Section | 21624 & 21626 & 2162E - Posr Retirement Survivor Allowance: Provides sFriving spouse fifty p€rcenr (50%) of the amount of retiremen! allowance, dependen! on oprion choices, tha( is in effect at th€ tim€ of dealh of rEtiree. . he-Retiremenr Option 2w Denth Benefit 2 | 548 25 . Crov't Code Section: 20965-Crcdit for Unused Sick trave Sectior 3: Cafeleria Plan @ by the Drector of Human Resources. Scttion 4: Mcdicol: The Ciry offcrs various nedical plal|s to employees. The City res€x'res the right to sel€ct, administer, or fund any fringe b€nefit programs involving insumnce that now exist or may exist in the future. The City sha.[ rDeet rvith the Association prifi to any change of irsurance cafiier o. method funding cover-age for any fringe benefits listed in this anicle- eo@ensarr6n: medical oremiums. .@ ' I Fam.tld: h&flt Lefr: 0.5", tro hrlls o. nun$.riE Gt\/s insurance provider. 27 €- D.E-_Should employees reprcsented by the Vemon Firemen's Association (WA) rcceiv€ across-the boand enhancerDents to the eisting rnedical benefit program between July-I, 20164 and June 30, 20196, a like increase will be provided to employees epresented by the VFMA- S€ctbns: D€Dtal The City of Vemon off6s a dental inrurance plan to enployess. Emploltes rDay apply .Ily mused ponion of tlreia monthly m€dical allowance loward the puchase of d€ntal irlsurance for themselves ard eligible d€p€nderts. The cosr of any plan setected by the employee tbat exc€€ds hiJtEr monlhly employer medical allo*ance shall be paid by lhe employ€€ lhlough a pre-tax payroll deduction. Should employees represenled by d|e Vemon Flremen's Association ryFA) a€ceive across-$e boord enhancemen$ to the existing den@l benefit program betw€en July l, 20104 6nd June 30,20196, a [ke incrcas€ will be provided ro emptoyees repres€nted by the VFMA Section 6: Vision: Tbe Ciiy of vemod proyides a vision cale plan to employees. The Ciay shall pay l0O% of tlE cost of such a pla[ for employees only. Employecs shall have tbe option of purchasing vision care for their depend€its at a cost of 56.95 for one deendent d $13.95 for tlvo oI rnore dependents. Employees may purchase dependent coverage tkough the City by p.e-lax palroll deduction and/or applyi[g aDy unus€d Portion of the City's montbly rDedical allowance. $150 shall be raised to $150. Should employees represented by the vemon Firemen's Associatron (vFA) reaeive across-the board enhancements to the existing vision benefit program between July I, 20 t04 and Junc 30, 20196, a [ke increas€ will be provided to employees rcpresented by the VFMA 2a Sectioo 7: Life Insormc!: The Ciry provides a life insurance plar to employees. The City shal pay 100% of lbe co6t of sllch plan for employe€s. The City's agrcement to pay full or partial costs of said premiurns shall not create or ripen into a vested right for said employee; ho$'ever, Ole City shall be obligat€d io pay dle cost cr provide said nr€dicat denal, vision, and life insurarce benefiB as descriH so long as lhis MOU r€hains in €ffect. Sectim8: DderredConocnsatfun The City shall continue to adminisrcr ttrc existing 457 defen€d compensation progam for all unit erhployees. S.ctiotrg: Edoc.tirnReiEbuiscEctrt The educational reimbursenent program is a financial assisance progmm that offers reimbu$ements for tuition, fees and books up ro a maximum of $2200 per fiscal year. The fiscal year is J'rly I tluougi June 30. Employees are eligible for lhis assisrance after 12 mond$ of uninterrupred employment wirh tbe City of Vemon- A grade of C" or b€tter (or "pass" if on a pass/fail basis) is requircd for reimbursement. A request fq reimbuGement must be made within 60 days of rcceipt of gades and should include the follo$ring: a copy of th€ final grade repon, a copy of expenses for trition, f€es, and books; and a completed and signed form Sectionl0: OOer Citv Emolove koanms VFMA unit employees ale eligible to panicipate in all City-sponsored programs passed by City Council Resolutions that arc interded to benefit all employees in th€ areas of, but not limit€d to, the following: Buy back of mittrry leave for PERS retiremenr dme-Cov't Code 21024 Corquter loan puchase plaFResolution-201 157 Ufe insrance Cofiective eye surgery plan-Resolution 201 l-65 29 H@ring aid device plan-Resolution 201 l-66 Family M€dical t€ave Act (FML,A) Flexible Spending Account (FSA) Section 1I: Retirct's Medical Employees must.etire from tbe City of vemql undet a CaIPERS Benelit Fomula (i.e. Age 50 or 57 Formula) to be eligible for Retiree MedicauDeotal Benefits. The City shatl pay W io $l,lm per month towards dte employee's HMO medical and defltal insurance premium for the employee and hiJtEr eligible spouse in the classifications r€pesented by rtre Vemon Firemen's Associauon who have been employed for a minimum of twenty (20) yea$ of continuous service with d€ City of vefibn. TIre maj.imum $l,lm Ciry conEibulion shall be a[pli€d ooly towad a city provided HMO medical and denBl prEmium pl,tr payrnen! and shall tEve no cash surender value. The City will pay the co$ of tlle HMO rhedical .nd dental p.emiums for those retir€d employees with qualifying yea$ of service and age rcquirEmen6, ard oflt drc PPO as a "buy-w" option, for which qualifying rctired employees shall be rcsponsible for the difrerence iD premium cosl The City's conribution rcwad the RetirE€ HMO MedicauDenEl Benefit Plan shall continue for said retirEd enployee and eligble spouse up to the age of sixty-five (65)- Upon rcaching the age of sixry-five (65), the retiree and/or eligible spouse shall apply for Medicare coveragc, wtrereupon the Cily's insurarce shall become supplenEtrtal covemge. TI|e City shall pay up to 100% of dE cost to provide any Medicare supplerneotal medicd ard dental insu-ance plan offe.€d by dle City of vernon, not to exceed $1,100 per monlh. The City wiu not be the prinrary insE-alce carrier once the retiree and/or employee reaches the age of sixry-five (65). If OE reiiree or eligibte spouse fails !o tirEly obtain and naintain Medica.e coverage. the City shall not be rpquired ro provide any nedicaUdenBl benefils until such Medicarc coverage is obtained and maintained. The maximum $1,1m Ciry cootribution shall be applied only iowdds a City sponsored Medicde supplenEntal medical and dental premium plan Payment and shall have no cash surrender value, All retiied efiployees with a minimum of ten (t0) yea$ of coolnuous uninterrupted service wi$ the City may pay the City's premium cost for medical and dental insurunce up to fie age of sixty-five (65) aft€r which rinre Medicare wiU become the primary insuance cafiier. The retired employe€ may rcmain on the City's supplern€ntal insurance to Medicarc at his/her cost provided rhe retiree has timely obtained and maintains Medicare cov€rage. 30 Should the retired employee fail to pay his/-her required cost of the insurance premium for the. City's medicaudenhl benefit plan foi any thr€e (3) cons€cutive months or, shouH the coverage o&erwise lapse for any reason otlEr tlEn City's non-payrnem, then th€ Ciry's obligation !o maintain dre retiree's nedical/denlal benelit plan shall automatically terminate withou! the need for funher norice. 11 shallstav in effect. 31 ARTICLE EIGET VACATION Scctirr l: Vrc.abD TiDe A- tuuual Accrual For 5GHo6 Personnel . 9 years or less: 13 shifb (12 hous per pay period) . l0 - 24 years: 15 shits (13.85 holns per pay p6iod) . 25 or rEore: 16 shif6 (14.77 houls per pay period) B. Annual Accrual for 40 Hour P6sonnel . 9 years or less: 120 hours (4.62 hours per pay period) . l0 - 24 y€ars: 160 holfs (6. 16 hours per pay period) . 25 or more: 170 hou$ (654 hours per pay p€rrod) C. Policy A Maximum of I plaroon personnel per shift shall be Frmitted off on vacation leave. D. Carry Over of va3tion kave Employ€es de permiued to cary-over one year's annual accrual from calendar yed to ca.lerdar year. At th€ €Dd of every calerdd year, employe€s who have rcqued vacation hol[s in exc€ss of lheir permitted calry-over sbal be paid lheir regular rate of pay of all such excess trours. Sectfur 2r YacatioD Le.ve - Adminbbrtive Persoanel At dle time an erployee is u-ansfe ed ro dle administrative work scHule, his or her veation leave balance shall be convend frcm drc sr+prcssion work sch€dule rate to tlle adminisfative work schedule rate by dividing tlr€ accrued baltrces by 2.4 (exanple: 90 hours of suppression vacation time + 2.4 = 37.50 hours of administtotive vacation time\. Said conve-ned balances shall be available for employec's use while assigned to the adrdnisuative work sch€dule in accordance with applicable polici6. At th€ time an erryloyee is rehmrcd to the suppression wc,rk schedule, his or her vacation leave balance shall be convertEd back to suppression hours by multiplying tlE hou6 by 2.a Granple: 37.50 houn oI admi\istrative vacation tine X 2-4 = 90 hours of suppression vaLation imc). Said conve'ned balances 32 shall be available for employee's use while Lssigned to the suppression work schedule in accordarrce with applicable policies. Should an employee sepan-are during the tim€ of th€ir adminisFative assignment, the accrued balance shall be converted back to supprEssion holIls by muttiplying the administrative hours by 2.4 and paid out al tle suppression hourly rate. (emmple: j7.50 hours of adminisrrative vacorion rime X 2.4 = 9O hours of suppre ss ion voco r ion tine'). 33 ARTICLE NII\IE IIOLIDAYS Sectim l: h Lier flolihvs Unit employees shall be crediaed with thr€€ (3) 24-hour holiday 'tn lieu" shifts (72 hoEs total) per year- "ln lieu" holidays will be credit€d lo each employee on each July I in ehich hdshe is on the active payroll of the Department in a classification repres€nted by d€ VFMA and musr be taken prior to tbe inn€diately following July l. In lieu" holidays may be trken on dates desircd by the employee subject 1o the needs of the Vemon Fire Department. Any accrued, unus€d hours shall be paid ar tlle employ€e'r regular rate of pay, corhput€d in accordance with the applicable Salary R6olution of vemon, in drc pay period irclusive of June 30p.-An employee who quits or is @rminated shall not be entid€d to any compensation f6 "in lieu" holidays not taken unless previously deniei. Shorld employe€s reflesented by the vernoD Flremen's Association (vFA) receive acrcs5-1hs toad I enhancemens to $e existins In-Lieu Holidays betB€efl ,uly l, 2016a and June 30, 201!6, a liket- enhancement *ill be pmvided to employees repr€sented by the VFMA. Scction 2: Io.Lka Eolitav Time - Atuinirnetivc Pcrsoancl At the tirne an employ€e is Eansfgred to OE administrative work schedule. his or her bdarce of ln-Ueu Time shall be suspended and unavailable for use or cash out. While an employee is assigned to the administrative work schedule (,lo-hour work week): l) His or her In-Ljeu Holiday Tinre balarrce shall rcmain unavailable for llse or cash out until such time as he or she retEns to lhe srppression wort schedule (schour work week). 2) He or she shall not receive In-Lieu Holiday Time 3) He cr she shall be entitled to the City's troliday pay for each holiday he or she is regularly scheduled to work as authorized by the City Council. 34 At the time an employee is r€tumed to the suppression work sch€dule, his or her suspended In-Lieu Holiday Time shall be reinslated for use or c.sh out in accordance with the memorandum of understanding. In acrordance with Resolution No. 2012-212, Section l3: In Lieu Holidays, an enrployee who quits or is terminat€d shall not be entitled to any compensation for "in lieu- holidays not teken unless previously denied. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous enployees, that shall not affect the number of "in lieu" bolidays for tlE employees represe[ted by the VFMA. 35 ARTICLE TEN SICK LEAVE Set-tbn l: Si.t L..vc Unir erhployees only receive sick leave accrual while they are h a paid stalus. Full-time Pl.toon personnel accaue sick tirn€ ar dre ralE of 5.54 hol.rs per pay period (144 hous annually).. Upon reaching tE cap, employ€es will continue to rcrue sick leave prcvided, however, in the fiMl pay period in December erh ye.r a.ll accrued sick leale in excess of lil40 trours shall be cashed in ar fifty percent (5O%) of tE erhployee's regular iate of pay.@ sick leave accrual *,hile th€v are in a oaid status. ^ Full-dme fForty-hour (,t0-holrr) personnel accrue sick time at a rdte of 3.96 hours per pay p€riod (103 hours annur.lly). Upon rerhing the cap, employees will continue to accru€ sick leav€ provided, however, in tlle fhal pay period in D€cember each yq, all ecrued sick leave in exclss of lO29 holrrs shall be cashed in at fifry percent (50%) of tE cmploy€e's rcgular rate of pay. -E[E!@ j4llg@pqO&yEu4 onlv receive s-rck leave accrual while thev are in a oaid ttatus. A. [f an employee sepahtes or terminatts employment with dle City. lhey shall be compensated for any accnr€d sick leave hours at dr iirne of sepdation up to the cap. Employees lhat separare from s€rvice with more $an 20 years of service credit will be compensated at lm% of their cunent pay rate applid to the first 672 sick leave hours (4EO hours for 4o-hour p€rsonnel) and 50% for sick leave hours after dtat up to the cap. Employees with less than 20 yea$ of service will be compensaled at 50Eo of their then cunent pay rate. Erhployees shall have the option of obtaining service credit for their acdu€d, unused sick leave houls instead of a cash payment pursrrant to Califomia Govemnrenr Code Section 20965 . at 50% of his/her then curreni regular hourlv rate ofpav. fa'tfr: LiEwrg: xdti6e 0.g6 r, rchrre6 numEirE, Tab tuF: {.El', 1.ft + {.S, 1.ft + 0', L!fr+ r.r3', L!ft + r.8r.1.ft + 2lS. Lrft + 2.75',1rfi+ ffi: Lr* Pardgr4h, 1fr, Lr.E spacntg: srEie, lro fam.tLd: LEt hr4ra9i, kn, LI? sp(rig: 9n4e, No 36 Fo n drd: hdene Left: 05" tc.nEtd! l.rsdf€d, lltnt rrft 0.f, Lip gtg: r.5 at 100% of his/her then current rearlar hou.lv rate of gav. Sholrld employees represenred by ttE Vernon Erernen's Assniation (VFA) amend drcir MOU mnEact language regarding Sick bave betw€en July I,20104 and June 30, 201!6, dr Ciry and the VFMA agree !o arEnd tlE VFMA MOU to incofoiate strch charyes. Section 2: Sick Lcave Conversion At the tirne an employee is tsansfened to $e administ'ative work schedule. his or her sick leave balance shall be conve,ned from the suppression work schedule rate to the adminisEative work schedule rate by dividing lhe accrued balmce by 1.4 (exomple: I 12 hours of suppression sick leave = 1.4 = EA hours of admiaistrative sick time). Said converted balances shall be available for employee's us€ while assigned to the administrative work schedule in accordance with applicable pohcies. At dle time a, employee is retumed to dle suppression ll6t schedule, his or her sick le{ve balance stull be converted back lo suppression holJls by multiplying the hours by 1.4 (emnple: 80 houts of admhistrative sick timz X 1.4 = I 12 hows of supprcssion vocarion tirrlc). Said convcrted balances shall be available for employee's use while assigned to tlle supFession work sch€dule in accordance with applicabk policies. Fo.m.tlldr NumM + Erel: I + Numbernp $yle: 4 8,C, + Start at I + Arignntrr: L€1t + Align€d at: 0.25"+ Irdetrt at 0.5' Fo.nattrd: trst Paragi-aph, Lrft, LirE +acirlg: r@le, ib ffi: iumE €d + Lad: I + rlumbdiE styts: A B,c,. + sEr ar r + xbnrEr: Lfr + aliJrts at: 0.25+ Lrlrrt at o.y,Iab stoF: 0.5, O€Eitrrd dig.Ed Fo.rr.&d: tlumhftd + L!'iel: I i umberng sty€: A, 0,C, - + sbn at I + Alilnm€nt: Uft + AitrEd at 0.?5'+lnent at 0.Y, TaD stops: 0 2f, Deon'al Should an employee separare during dre time of their adminisu'arive assignmert, the .ccrued balarc€ shall be converted back to supprEssion hoEs by mulriplying dlc adminisFariye houE by 1.4 alld paid out ar U|e supprcssion hourly rare. (.ranple: & hours ofod^inistra,ive sicL time X 1.4 = I 12 lours of suppre s sio^ sic k ti me). ARTICLE ELEVEN LEAVE BENETTIS Sactbn lr Jorv Dutv A. AU regular full-dme employees sumnroned ro serve on jury duty shall be provided 'irury Dury Pay" and 6ere shall be no loss of compensation. An employee will be compensated up to two weeks ar full pay for jury duty. The employee must provide noiice of the expected jury duty ro his or h€r supervisor a5 soon ar possible. bul in no case larcr than 14 calendar days before the expected stan date of rlE j ury duty. c. D. B. An etDploye€ on call forjury duiy is exp€cted to rEpon io work. Atr employce wlp is ca.lled in for ju'y dury will be requircd to rctum to *dt as soon as drey arc rcle$cd from jury duty. All employe€s shall obtain verification of the holfs ofjury duty perfqrned using vEification foflnr ar rnay be supplied by dE cout Enplovees releas€d frorn dreir iury dutv obliqdions shall notifv their Sup6visfi. For dE olfp6as of this s€ction. 'rele.sed ftom iurv dutv" shall mean that the emplov€e is rc[ev€d from iurv dutv for the day and not r€ouir€d to r€port for iurv dutv the follo\vins day. Except as herein provided, employe€s shall rcmit to $e City any co[pensation rcceiyed for those days whih on jury duty and shall r€ceive rcguld pay f.i lhe rime served. Employees shal b€ I€imbtIlsed by dE City for tlE mileage portion of tlre jury duty co[pensari@. Jury duty perfomed on an empbyee's regul& day ofr shall not be compensated by dre city and lhe employee shal be entitled only to the coun's compensation for duty perfoflned on such employee's reguld day off. If an employee is required to serve on a jurjr for a period longer &an tl,o week, tlE employee shall be entitled, at dE employees' option, to use any accrued le.ve tin€, otlr6 than sick time, during $e period of extended jury service. The employee shall continue to receive all paid benefits, ard shall continue to accnre eligible leave benefits. S€ctbn 2: B€Eavcmrt L€ave 39 bereavement leave without loss of salarv. An enployee shall not be granted paid Bereavemem l,eave for rDre than 48 holrs in any six-month period for dle sanE family member. Relative All Reqular Emplovees Spouse 48 hours chitd 48 hours Resistered Dornestic Panner 48 hours S(ep{lild 48 hours Parent .18 hours Step-Pare!t 48 hours Mother.inlaw 48 hours Father-in-law 48 hours Crandchild 48 hours Ste!-Grandchild 48 hours Crandparent 48 hours C randiareullE:!4E 48 hours Brorher 48 hours Sister 48 hours Sleo-Sister -18 hours Steo-Bn[het 48 hours Daushter-in-law 48 hours Son-in-law 48 hours Brother-in-law*48 hours Sister-in-law*48 hours siblitP of the employee's spoLte. . I Fa Utd: l.isr &r4 [rQ Irffi rd: r, HaErE: I 0.t, SF lftr: 12 pt Lir Wrg: etEb Enploy€es will be allowed to utilize their va.ation time, any colpcnsatory time, or any 'ln lieu" holiday tinre thar is due to tlle e[ployee, in order to lenglhen such b€rEaverne time. The enployee shall fumish satisfactory evidence of such death or critical illness b the Fre Chief, if rcquest€d. 41 ARTICLE TWELVE WORK SCHEDT'LE S€ctiop l: FI.SA Wort P.rid The FIJA wo.k period for unit efirploye€s assigned to a daily work s.h€dule of twenty four (24) hous shall be a fixed and rcgularly recEring wc,rk period of twenly-four cons€cutive days (576 hours). Sccina 2: Wort Schedulcs A. Plraootr PcEooDcl Unit employees arsip€d !o a 56hour wort seek shall work a 48196 wort scHule thal consis6 of two cons€cutive 24-hour shifts followed by !X cons€cutive hou$ off. oo a rctating tlree plar@n basis (A, B & C Plaroon)- tuploye€s dlat wor* such sclEdule .verage 56 lDurs a *€ek and I 12 houls per pay period. Unit employ€es assigned to wo* a 48196 schedulc slEI begin work ar 0700 lrou's and ierminate ar 07m hours following two 2+hoE periods. B. 4o-Holtr P.rsorDd Unit employ€es assign€d io wcrk a 40.hou. work week shall be assiSned to a 4,/10 schedule thar consis6 of four (4) cons€cutive wor& days of ten ( l0) coisecutive work hours each. imllrsive of paid brcaks and an unpaid 3Gminute neal period, follo*ed by lhrEe conseculive days olT, each week. Unit employe€s on such schedule sha.ll be assi$ed to work Monday tuough Thurday ber*€en the hous ofqg60o !o tTlO hous, unless an altemate schedule is approved in writing by he Fue Chief alld VFMA. ScctbnS: Sbifl Trades The practice of shift E-ading shall be voluntary on b€half of each employee involv€d in the trade. The t-ade must be due !o the enployee's desire or ne€d lo anerd to a personal matler and not due to the d€partne 's opemtions. The employee providing dle trade shall not have his/her compensable hours iDcrcased as a result of dt€ Eade, nor shall (he employ€€ receiving the Eade have his./tler compensable hours decre3sed as a result of the trade. 42 If on€ irdividua.l fails to appear fq dE o$er (rcgardless of le re.son), the pqson who was sch€dul€d lo work as a rcsult of dle shift t ade will be listed as absent wilhout leave ard may b€ subject to disciplin€. AIly F€mium pay (r otlrcr exua compe$€lion shall continue io rccrue only io tlE person originally entitled ro dle FEmium pry or exEa co[pcnsation. Any hours sotk€d beyod dle normal wcrk day will be credited to the individua.l actually doing tlle work. "Paybacks" of shift Ede are 0E obliSation of the two enployees involved in the u-dde. Pay-b&ks aI€ to b€ compl€ted tvilhin on€ (l) calerdar ye.r of dre date of dle initial shift Eade. Any dispute as !o tlre paybacks is to be resolved by the involv€d emPloye4, and under no circutnstances will ttE departlEnt be obligated for any further compensadon \}hatsoever to any of Ue involved employees. The deparunent is not respoosible in atry mannet fcr hours owed to employees by odEr elrploye6 dlar leave tlrc employEEnr of the City or are assig€d olhe. duties. A record of all initial shift Eades ard'paybacks" shall be mainrained by tlre involved employees on fonns or co[Puters provided by the DepanmenL S..'aipp 5r E rlv Rdid Ttle practice of early shift relief shall be volunlary on b€IElf of @ch employee involved in dre rcliei The enployee providing the early relief shrl nor have his/her conpensable hours incEased as a result of drc early relief: nor shall th€ enployee rclieved e{ly have his/her compensable hous deqe.sed as a resuh of the early relief. "Paybacts" of early relief hours are the sole obligaaion of ilt two ernployees involved in the early relief. Any dispute is io b€ rcsolved by dre involved employees, and under no circumstances will dle DeparhEnt be obligated fo( arry funher compensadon whaEoever !o any of th€ involved employe€s. Th€ DepatftEnt is nor responsible in any ma[nea for hours owed to employees by o]h€r employees who leave the employmem of dE City or are assigned orlEr duties. 43 ARTICLE TIIIRTEEN GRIEVANCE PROCEDURE Vemon has adopted a grievance preedure alplicable io all Frefighters containing lhe following Principl€s: A grievance shaU be defined as an allegation by an employee or fte Associatioo of misinrerpretation, misapplication or violarion of a particular provision of 6is MOU. City policy, rule or past practice. The grievance procedEe shall not b€ used in connection with an impasse in collective bargaining, noi wilh disciplinary actions or other matters for which appeal procedlfes exist under the Disicipline and Dsciplinary Actions arucle tErcin, or pursuant io starute. DAYS "Days" as used tErein shall be defined for the puq,oses of the Anicle as any day in which {ity Hall of the Ciiy of Vemon is op€n to tlE public for dE generdl cooduct of business. . GRIEVANCE PRESENTATION AND PROCEDIJRES reDrqsentative. until all the attachments are receiyed. ro further appeal or reconside.ation- 44 Drector. TNFORMAL PROCEDURE suDewisor. Stcp One - Deportmetrt He{d Director and the Crtv Adminirtrato,. Step Two - Cltv Admlnisffio./Adyilory Arbitration (arbitrdtorl. be final and tindine. the DarWthat incurred the cost. of the Code of Civil Proced ure of the State of Califomia. final and bindins. Citv and the VFMA asree to amend rhe VFMA MOU to incorporare such chanees. -stePl--D.Do+hcntllc.d @ Psrty-{s€tij|B#s€+ost: f,f,e}€id+iidih+ 48 ARTICLE FOURTEEN EN DISCIPLINE PROCE)URE A. DISCIPLINA-RYACTIONS l. The tenurc of ev6y City employee strall be based ofl reasonable sundads of p.Ronal conduct and job perfomance. Failure to meet such stadards shall be grounds fo. appropriac disciplinary action, which shall be comrnensurate with the seriousness of th€ ofr€o5e and *ith consideiation of the employee's p€rsonnet fite. kogressive disciplirE will be used; however, fiis d@s not Preclude dre City from taking discipliney etion. up to and including teflnination, for an incideN for which tlrere is no pdor docuErentaaion as long as dle disciplinary action is wdranted and is based oo jusi caue. 2. The following proc€dures shall be followed when, in the judgnenl of the DepatEneni Director, an ernployee has committ€d an act or omission lhat j6tifies disciPline. Th€ Depaftnent Drector or his/lEr designee shall advise employees of contenrplat€d disciplindy actions in writing and allow dr employee an opportunity to respord to such charyes pricr to taking final aclion. a- Discipliney actions should be docurnented in the employee's official personnel file. Perfonnance deficienci€s documented in le e[ployee's performance evaluation as 'tG not meel standards" may be the basis for disciplindy action if the employee fails rc correct drose pedomvurce deficiencies sithin the tine period designat€d by bis^Er supervisor. To dE extent possible, performance de{icimcies or oth€r caus€s for disciplin€ will be docurnenred in ft€ emPloy€e's personnel file. b. Upon $e City rcceiving authorizatiofl from tt|e employ€t. the Cily will provide rhe Associarion wilh atl written notices of discipline given to employees reprcsenred by Asseiation. The written notice of discipline will also inform the employee lha( he/she has the right to consult with fte Association with regard to (h dis.iplinary action being taken. c. Nothing in ftis anicle shall prEclude dE Fue Chief or his/lrer design€e from ord€f,ing an employee to cooperate c,ith other agencies involved in c.iminal investigations. If an employee fails to comply with such an order. the employee may be officially charged wilh insubordination. 49 B. PRE.DISCPI-INAR,YPR(TEDURES Prior to dr€ discipline of ary p€rmanent employee, dle fouowing preedurEs shall be followed. This process shall not be applicabh lo performance evaluations fi verbal counselingfteFinunds. Writt o Noricr of hopGcd Ac{iptr written notice of the propos€d disciplinary adion stEll be given to th enployee. Such notice shall include tlle propos€d effective darc of dle discipline, a staleroent of the rEason(s) for dle p.opo6ed &tioo, including dE rule or slanddd of condEt alleg€dly violar€d, 6e proposed discipline and the chargqs) being considered. EmplovaG Reviery The employee shall be supplied with a copy of tE docurcnts or marerials upon which rhe prcposed disciplinary action is baled. EEplov.. R..pops.y'PrcDtrciplir$v Corf.rence The norice of proposed action shall state tlE date by *hich the enployee must exercise the rigit ro rcspond orally, h writing or hth orally and in *ridng. This rePteserts the pre{isciplinary opponuniry for dle employe€ ro stAte any re.sons tbat hdshe believes the propo5ed action ro be inappropriate. Th€ efiployee sball have a rc3sonabl€ amount of tirDe to rEspord, *hich shall not bc fewer dlan five &ys. This dale fir.y be adjust€d by muoal agrEement. Failtlle to respood by dle assiSned date will constitute a waiv6 of the right lo respond. A,ly r6ponse vrill be fully consideEd before any final action is decided upon. Th€ Pre-Disciplinary Cqlfererce does not need to be an evidentiary hearing. An employe€ has dle righr lo have a rcprcsentative of bis or tEa own choosing at the conferenc€. The City may conduct furlrer investigation if dle employee's v€f,sion of dE fets fi n€w infornration mises dorbts as (o 0re accuGcy of dre Ciry's inforrnation le-ading to the discipline proposal. Wrftreo Norie of Fitral Adbo AIt6 consideiation of the employee's respoos€, or in tlrc absence of a respons€, written notice of the final disciplinary acaioo shall be given lo the employee. Such notice shall include esseniially the same 50 information contained in the noaice of pnposcd eaiotl, except that dre employ€e's fofiul appe.l righls shall be stated. EEarrefti6 when, in rlre opinion of tle City, ifirfirdiate disciplinary action is Gquircd lo prot€ct fte lr3lth, safety q welfar€ of the public, otller employees or tlle employee himsef, the employee may be suspended without pay for up to five (5) days perding the proc€ssing of drc notices rcquir€d in S€ction B of lhis anich or may be suspended wirh pay pending drc completion of such investigalions or hsrings as may be lEquked to determine if disciplinary action is to be taken. If dE chart€s andor allegations arE not sustain€d, the employee suspended widout pay shall be entitled Io rcinstalerEnt rvith full back pay and benefits. All back pay awads related ro suspension, derDotions aDd dischrrges shall imlude inErest as sd by Civil Code !S 3287 et. seq. C. DISCIPLINARYAPPEALPR,(TEDURES The appeal proctss shall not be applicabl€ to newly hirEd probationary elployees. The appe.l pr@ss sha.ll not be applicabb to perforrBnce evaluations, d verbal repriElards. An ernployee desiring to appeal the discipline sha[ bave ten ( l0) days afEr rEceipt of notice of discipline. The employ€e's rcquest for appeil must be addressed ao the City AdminisEator and r€ceived in $e Humal Resources D€parunen!. The Hunran ResoEcet D€parfinent shdl date stamp dle employee's app€a.l io verify dle tirneliness of the app€al. lf, by tl€ expiration of ttE (ten) l0 day appeal period, dle employee does nol file tlle appeal, unless Sood cause for the failue is shown. th€ discipline shall be considercd conclusive and lhe right of appeal to have b€en waiv€d. lf dle employee files a riEEly appeal, an appeal hearing shall b€ establish€d as follows: l. The enployee alld the City shall joindy requ€st the Sla(e Office of AdminisEative He.dngs to appdnt an AdminisEative hw Judge (ALr) ro tEar tlrc appeal and to rEnder a decision adyisory to the City Adminisu-dtor. The City and Association will sharc equally shde (i.e. 50/50) dre hearing-rclated expenses such as ALI fees and cout repcrter fees, but excluding atrorney fees, expen wimess(es) alld st lf time. 51 2. All appe3l Foc€edings arising under this proccdure shall be govenEd by the Provisions of Chapter 5 (cornmencing with Sectior I 1500) of Pdt I of Dvision 3 of Tide 2 of lhe Califomia Government Code. 3. All time limits sp€cified in the procedurE rnay be waived by mutual writlen agreerEnt 4. At the conclusion of tlE herring, lhe AU will submit hisntd fhdings to the City aJd the employ€e. Within ten (10) days of rEceiving d|e AU's firdings, the City Admini!!-aror shall provide his/her decision, in writing. to dl€ employee. The City AdminisFaror's decisiofls shall ser fonh *hich chages, if any. arc sustained and tlE r€aso.N thercfor. Tbe opinion shall s€t forth findings of frt and conclusions. The City AdminisEalor's decision is final. subject to the option of Orc enployee to bring a proceeding pursuant ro Code of Civil Ptocedue sections 109t5 and 109r.6. Should employees represemed by the vemon Firenen's Associarion (VFA) amend deir MOU coflrdct language rcgarding Discipline Procedues beseen July l, 20104 and J'rrc 30,20196. le City and &e VFMA agree to arnend the VFMA MOU to inctrporate such chaDges. 52 A.RTICI,E FIFTEEN EISIEN MANAGEMBITruGHTS Excspr as linit€d by th€ specific ard express terms of this Mem6andurD of Understaditrg, E City lEeby rctains ard res€f,ves unto itsef all rights, pow€fi, authtriry, duti€s arld r€spoDsibiliti6 conferEd on and vested in it by the laws ard dE Constitution of dE State of California andlo( the United Sr'l.s of AnErica; provided, however, if lhe City's decision to exercis€ srEh riglrts, po!,vers, authcrity, durics and responsibilities impacB th€ wages, lpurs ard orh€r t.rG dd corldiaions of enploynrent of unit enployees, dE City shall be EquirEd to fi$r rn€et and confer on dE impet and eff.cr of such decision. Ttl€ City retains all ils exclusive rights and authfiiry undef, State a Feder.l law and expressly and exclusiyely reEins its management righas, which include, but aIe nol limited to: A. The exclusiv€ righ to derennine ttE missiofl of its constitue departnEnls, commissiois, and boards. B. Set $ardards and levels of s€wice. C. DetErmine the FocedurEs ard ttfiddds of selection for e[ployrEent and pronDtions. D. Direct efiployees. E. Estabhsh and enforce dress ard gooming slandards. F. Determine the methods and rneans to iElieve its elrployees from duty for lawful reasoN. C. Mainlai[ the efiicieicy of gov6nmental opet-ations. H. Determine the metNs, mearls and numbgs and kinds of p€rsonnel by vhich govqnment op€rations ar€ to b€ conducted. I. Derennine the content aDd intent of fie job classificarions. J. Delermine metMs of financing. K Det€rmine style and/or types of city-issued weadng appaEl, equiptEnt or technology to be us€d. 53 L. Determine and/or change the facilities, methods, technology, means, organizational structure and size ard composition of the work force and allocate and assign wolk by which the City op€rations arc to be conducted. M. Derermine and change dle number of locations, rel@ations ard type of oper-ations process€s and marerials ro be used in carrying out all ciry functions, including, but not limited to, rhe right to conbact f6 or subcono-act ary work fi operations of lhe City. N. Assign wort to ernployees in accordance with rcquir€ments as determined by the City. O. Esrablish and rnodify productiviry and perfdrnance programs and standards. P. For just cause only, discharSe, suspend, dernore, r€primand, sifthold salary inc.elses and benefits, or otherx/ise discipline employees in accodance with applicable state law. Q. Establish employe€ performarrce standads including, but nor limit€d to, quality ard quantity standards, and to r€q'ire complialre thercvith. R. Take all oecessdy erions to csry out its mission in eE€rgencies. S. Exercis€ complete conEol and discaaion ov€r iis organizatioo and dle technology of perffiming iE work. s4 SIGNATT'RE.S VERNON FIRE MANACEMENT ASSOCIANONCTTY OF VERNON Carlos R. Fandino Jr. City Adminisnatorf 'MERR" Isaac Oaribay Drector of Human Resources Lisette M. Grizzelle Senior Human Remurces Analyst William F. Fox Diaector of Finaicerciry TrearurEr Ana K. Rueda Humao Resources Analyst APPROVED AS TO FORM: Zaynah Moussa Deputy City Attomey David t-azar Presidenr David Kirnes Vice President Andrew Cuth Treasurer Todd Paintoo Secretary Dated: ,2016 APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. ATTEST: Maria Ayala City Cl€rk Dar€d: 55 RECEIVED JUL 0 7 2016 STAFF REPORT CIYCIIRI(SOFflCE CITY ADMINISTRATION DATE: TO: FROM: RE: July 12,2016 Honorable Mayor and City Council Carlos Fandino Jr., City Administrator AlOrOriginator: Isaac Garibay, Director of Human Resources A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AMENDMENT NO. 2 TO THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION 2OI4-20I7 MEMORANDUM OF UNDERSTANDING B. Recommendations A. Find that approval of the proposed Amendment No. 2 to the Vemon Police Officers' Benefit Association 2014-2017 Memorandum of Understanding is exempt under the Califomia Environmental Qulity Act ('CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and Adopt the attached resolution approving Amendment No. 2 to the Vemon Police Officers' Benefit Association 2014-2017 Memorandum of Understanding to amend the following provisions: 1) Article Two, Section 2, Term 2) Article Three, Section 3, Merit Steps 3) Article Three, Section 4, Salary Adjustment Increase 4) Article Seven, Section 4, Cafeteria Plan 5) Article Seven, Section 6, Vision Plan 6) Article Seven, Section 8, Retiree's Medical; and Authorize the City Administrator and Director of Human Resources to execute the attached Amendment No. 2 to the 2014-2017 Memorandum of Understanding between the City of Vemon and employees represented by the City of Vemon Police Offrcers' Benefit Association. C. Page 1 of3 Background The City and the City of Vemon Police Officers' Benefit Association (VPOBA) concluded labor negotiations on August 13,2014 regarding wages, benefits and working conditions for the 2014- 2017 Memorandum of Understanding (MOU). On May 24, 2016, the VPOBA submitted a written request to the City requesting to reopen negotiations as they relate to their MOU. On June 8, 2016, the City's labor negotiations team met with VPOBA to discuss the VPOBA's reopener request in detail. It was determined that there was a mutual interest in reopening the MOU, and the parties concluded negotiations regarding Amendment No. 2 to the MOU on June 8, 2016. Key provisions of the proposed Amendment are: r The term of the MOU shall be extended to June 30,2019.o Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees).o Effective the first full pay period in July 2017, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees).. Effective the first full pay period in July 2018, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees).o Effective July 1, 2014, sick leave shall not count toward time worked for purposes of calculating overtime.o Effective July 9, 2016, employees who are not at the top step of their Classification Compensation Plan and have attained one year of an overall "satisfactory" or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall receive one merit salary advance. Effective luly 2017 and for the remainder of the agreement, employees who are not at the top step oftheir Classification Compensation Plan and who achieve an overall "exceeds standards" ranking during their annual performance review in accordance with the City's Performance Evaluation Policy will receive one merit salary advance on the first full pay period in July. Employees shall continue to receive their annual evaluations as scheduled in the City's Performance Evaluation Policy and employees may receive more than one annual merit salary advance during the term of this Agreement.o As it pertains to health and welfare benefits, employees who elect Employee-Only, Employee + Spouse and Employee + Children health benefit tiers, the City agrees to provide the same flat dollar cafeteria contribution that corresponds with the respective Low Medical HMO, lowest cost Dental DMO, and lowest cost vision plans combined, or 51,165 per month, whichever is grcater. Employees who elect the HSA coverage shall receive an equal benefit to that described above, less 53,000 on an annual basis, which would instead be deposited to their HSA account.o All itemized benefit amounts specified in the City of Vemon Vision Plan (CWP) that fall below $ 150 shall be raised to $ 1 50.. Employees eligible for retiree medical may opt not to enroll in the City's medical and/or dental insurance coverage and instead receive a monthly reimbursement payment of $1,100, or the equivalent to the then-current lowest cost City-offered Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater, as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts Page2 of3 not to emoll in the City's medical and/or dental insurance, he or she will not be allowed to re-effoll. It is recommended that City Council approve Amendment No .2 to the 2014-201 7 VPOBA MOU, which has been reviewed and approved as to form by the City Attomey's Office, to incorporate the above-mentioned changes. Fiscal Imoact The approximate cost to adopt Amendment No. 2 to the 2014-2017 Memorandum of Understanding between the City and the Vemon Police Oflicers' Benefit Association for Fiscal Y ear 2016-2017 is $72,269. The approximate cost for Fiscal Year 2017 -2018 and Fiscal Year 2018-2019 cannot yet be determined as the cost of health and welfare benefits are variable and unknown. Attachments I . Resolution Approving Amendment No. 2 to the Memorandum of Understanding by and between the City of Vemon and Vemon Police Officers' Benefit Association. Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AIIIENDMENT NO. 2 TO THE MEMORANDW OF IJNDERSTAIiIDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFTT ASSOCIATION FOR THE PERIOD OF JI'LY 1,, 2OI4 THROUGH ,JIJNE 30, 2O].7 WHEREAS, the Vernon Police Officers' Benefit Association ("vPoBA" ) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on September 15, 2OL4, t.he City Council of Che City of vernon adoptsed Resolution No. 2014-57 approving a Memorandum of Understanding ("MoU") setting forth certaj-n terms and conditions for employment of City of Vernon employees in classifications represented by the VPOBA, f or the period of ,Ju1y )- , 2Ol4 t.hrough .fune 3 0 , 2Ol7 ; a/rd WHEREAS, on June L6, 2015, t.he City Council- of the City of Vernon adopted Resolution No. 2015-39, approving an Amendments No. 1 t.o Ehe MOU; and WHEREAS, representative members of the VPOBA and the City have agreed to execute an Amendment No. 2 to the MOU (the *Amendment" ) t.o amend the foflowing Articles: (a) Article Two, Section 2 regarding Term, (b) Arcicle Three, Section 3 regarding Merit Steps, (c) Article Three, Section 4 regarding Salary Adjustmenc Increase, (d) Articfe Seven, Section 4 regarding Cafeteria Plan, (e) Articl-e Seven. Section 6 regarding Vision P1an. and (f) Article Seven, Section 8 regarding Retiree's Medical; and WHEREAS, the City Council of the CiEy of Vernon desires to approve the Amendment. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COT]NCIL OF THE CITY OF VERNON AS FOLLOWS: SECTIoN 1: The City Council of Ehe City of vernon hereby finds and determines thats the above recitals are tsrue and correct,. SECTfON 2: The City Council of the city of Vernon finds Ehat tshis action is exempc under the California Environmental Qualicy Act (CEQA) review, because it is an administrative action that will not result in direct or indirects physical changes in the environments, and therefore does not consti.cute a "projecE" as def i.ned by CEOA Guidelines section 15378. SECTfON 3: The City Council of the CiEy of Vernon hereby approves tshe Amendment No. 2 to the Memorandum of Understanding bet.ween the City of Vernon and the Vernon Pol-ice Officers' Benefits Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of t.he City of vernon hereby instsructs the citsy Administratsor, or his designee, Eo take whalever acEion is deemed necessary or desirable for the purpose of implementing and carrying out. the purposes of tshis Resolution and the transacEions herein approved or authorized, including but not limited to, any nonsubstsanEive changes to tshe AmendmenE atsEached herein. SECTION 5: The City Council of the City of Vernon hereby a fully Police direct.s the city C1erk, or tshe City Clerk's designee, Eo send executed Amendments t.o Lorenzo Gaylan, PresidenE of E.he Vernon officers' Benefit Association. 2 SECTION 5: The City Clerk. or Deput.y CiEy Clerk, of Ehe Cit.y of Vernon shall certify to t.he passage, approval and adopt.ion of this resolution, and the Cit.y C1erk, or Deputy City Clerk. of the City of Vernon shaIl cause this resolution and the City Clerk's, or DepuUy City Clerk's, certificat.ion t.o be entered in tshe FiIe of Resolut.ions of the council of this City. APPROVED AND ADOPTED t,his l-2Eh day of Ju1y, 2015. Name: Tit.fe: l(ayor / Mayor Pro-Tem ATTEST: Citsy C1erk / Deputy City Clerk APPROVED AS TO FORM: Moussa, Senior DepuEy City AtEorney 3 STATE OF CALTFORNIA COUNTY OF LOS ANGELES , City Clerk / Deputy City clerk of the Cit.y of Vernon, do hereby certify EhaE lhe foregoing Resolution, being Resolut.ion No. , was duly passed, approved and adopted by the CiEy Council of t.he City of vernon at a regular meeting of the City Council duly held on Tuesday, July ]-2, 2015, and thereafter was duly signed by Ehe Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of Ju1y, 201-5, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) SS I, 4 EXHIBIT A AMENDMENT NO.2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION July 1,2014 through June 30,2017 . lg,'t .)l4l!]\!Irll .tfll . ll, ooLtc€ I AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code, and Resolution No. 4027, the Resolution for the administration of employer-employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Officers Benefit Association (hereinafter "VPOBA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time and regular part-time sworn personnel in the Police Department, except management employees." This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VPOBA, to be submitted to the City Council of the City of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City Council of the City of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this Amendment. If approved, the terms agreed upon by this Amendment to the MOU shall be deemed in effect as of July 1,2016, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree that the following provisions of the MOU be replaced as follows: ARTICLE TWO Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1,2014, and shall remain in full force and effect up to and including midnight, the 30th day of June 2019 or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Association when approved and adopted by the City Council. Except as otherwise provided herein, the City and the Association agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1,2019 and March 1, 20t9. ARTICLE THREE Section 3: Merit Steps Salary increases to higher pay grade steps are merit steps only, and shall be available to employees as recognition and reward for satisfactory services with the time frames described in the Personnel Policies and Procedures, Performance Evaluation Policy. Merit increases to any said step shall remain the sole discretion of the City Council. Effective July 1, 2015 - Employees the top of their current salary grade J and Grandfathered Sergeants not at who in the discretion of the Police Chief and in accordance with the City's Performance Evaluation Policy, have attained one year of satisfactory service as of their immediately preceding classification anniversary date shall receive a one-time 5Vo merit increase during the term of this contract. Future salary increases to any said step shall remain the sole discretion of the City Council. The July l, 2015 merit increase shall not alter the employee's actual classification anniversary date. Notwithstanding the above provision, any person employed in a position of Police Officer, Step 1, shall be appointed to Step 2 upon his/her successful completion in an assigned accredited training academy, and any person employed in a position of Police Officer, Step 2, shall be appointed to Step 3 after serving at least six (6) months in the field and upon receiving a merit evaluation of satisfactory/competent. Any person who qualifies for said increase shall have his/trer anniversary date for future merit increases established as of the date said officer is appointed to said Step. Effective JuIy 10, 2016 - Employees who are not at the top step of their Classification Compensation Plan and have attained one year of an overall "satisfactory" or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall receive one merit salary advance. Effective Jdy 2017 and for the remainder of this agreement, employees who are not at the top step of their Classification Compensation Plan and who achieve an overall "exceeds standards" ranking during their annual performance review in accordance with the City's Performance Evaluation Policy will receive one merit salary advance on the first full pay period in July. Employees shall continue to receive their annual evaluations as scheduled in the City's Performance Evaluation Policy and employees may receive more than one annual merit salary advance during the term of this Agreement. Section 4: Salary Adiustment Increase Effective the first full pay period in July 2016, the base salary schedule will be increased by 2Vc (excluding Y-rated employees; however, a base salary schedule increase may raise a salary range which may remove the Y-rate). Effective the first full pay period in July 20l7,the base salary schedule will be increased by an additional 27o (excluding Y-rated employees; however, a base salary schedule increase may raise a salary range which may remove the Y-rate). Effective the first full pay period in July 2018, the base salary schedule will be increased by an additional 2Vo (excluding Y-rated employees; however, a base salary schedule increase may raise a salary range which may remove the Y-rate). In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police may incorporate a service adjustment increase up to ten percent (lUVo) per month of their base salary. ARTICLE SEVEN Section 4: Cafeteria Plan. The City and the Association agree to a section 125 cafeteiaplan (non- cash out). The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical, dental, and vision plans as outlined in subsections A, B, C, and D below. A. During the term of the Agreement, for employees who elect Employee + Family coverage, the City agrees to provide a cafeteria plan contribution equal to the total premium costs of the Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits category that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable premium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January lst ofeach calendar year ofthe term of this Agreement. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums. B. During the term of the Agreement, for employees who elect Employee-Only, Employee + Spouse and Employee + Children tiers, the City agrees to provide the same flat dollar cafeteria contribution for medical, dental and vision benefits that the City is paying as of June 2016 for these employee health group tiers. That amount is $1,165 per month. Employees who elect one of these tiers must pay for their dental and vision benefits from this cafeteria contribution. The parties understand and agree that this amount will remain hxed during the term of this Agreement. Provided, however, should the total premium cost of the lowest cost medical HMO,lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan higher than the applicable City contribution will be responsible for any applicable premium costs through a pre-tax payroll deduction. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums. C. For unit employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each in March, June, and September. The cost of any HSA PPO plan selected by employees that exceeds the City contribution amount shall be paid the employee through a pre-tax payroll deduction. D. During the term of the Agreement, Employees will be allowed to opt in to the Employee + Family plan during any open enrollment period or upon a qualifying event as prescribed by the City's insurance provider. Section 6: Vision: The City of Vernon provides a vision care plan to employees. The City shall pay 1007o of the cost of such a plan for employees and eligible dependents, as designated by their election of medical coverage. In the event an employee does not exceed their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. The City agrees that all itemized benefit amounts specified in the City of Vernon Vision Plan (CWP) that fall below $150 shall be raised to $1s0. Section 8: Retiree's Medical Employees must retire from the City of Vernon under a CaIPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits. The City shall pay up to $1,100 per month towards the employee's option of the City's medical and dental insurance programs for the employee and hisftrer eligible spouse in the classifications represented by the Vernon Police Officers Benefit Association who have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has been in the employment of the City of Vernon. The maximum $1,100 City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value. '7 The City's contribution toward the Retiree Medical./Dental Benefit Plan shall continue for said retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare coverage, whereupon the City's insurance shall become supplemental coverage. The City shall pay up to $1,100 per month of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree and/or eligible spouse reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value. All retired employees with a minimum of ten (10) years of continuous unintemrpted service with the City may pay the City's premium cost for medical and dental insurance for employee only, up to the age of sixty- five (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City's supplemental insurance to Medicare at hisftrer cost provided the retiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/her required cost of the insurance premium for the City's medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City's non-payment, then the City's obligation to maintain the retiree's medicaUdental benefit plan shall automatically terminate without the need for further notice. Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance coverage and instead receive a monthly reimbursement payment for the employee and his/trer eligible spouse of $1,100, or the equivalent to the then-current lowest cost City-offered Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater, as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City's medical and/or dental insurance, he or she will not be allowed to re-enroll. [Signatures Begin on Next Page]. 9 SIGNATURE PAGE CITY OF VERNON VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Lorenzo Gaytan President Nicholas Perez Vice President Carlos R. Fandino Jr. City Administrator / "MERR" Isaac Garibay Director of Human Resources Lisette Michel Gizzelle Senior Human Resources Analyst William F. Fox Director of Finance/City Treasurer APPROVED AS TO FORM: Hema Patel City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. ATTEST: Maria Ayala City Clerk PER l0 RECEIVED JUL 0 7 2016 STAFF REPORT CIIYCLERl('S OFFICE CITY ADMINISTRATION DATE: TO: FROM: RE: July 12,2016 Honorable Mayor and City Council Carlos Fandino Jr., City Administrator C ( lO(Originator: Isaac Garibay, Director of Hufi'an Resources A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30,2OT9 Recommendations A. Find that the adoption of the resolution approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Police Management Association proposed in this staff report is exempt under the Califomia Environmental Quality Act C'CEQA) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Police Management Association for the period ofJuly 1,2016 through June 30,2019. Backeround The City and the Vemon Police Management Association C'VPMA') concluded labor negotiations on June 12,2016 regarding wages, benefits and working conditions for the 2016- 2019 Memorandum of Understanding ("MOU"). This report recommends the City Council's approval of benefits and contract language incorporated into an agreement with the VPMA, which has been reviewed and approved as to form by the City Attomey's Office. Attached as Exhibit A to the resolution is the MOU for the employees represented by the VPMA, which incorporates provisions mutually agreed upon during the negotiation process. The MOU effective date is July 1,2016, and shall expire at midnight on June 30,2019. Page 1 of3 Members of City staff and representatives of the VPMA met and conferred in good faith, and reached agreement on the proposed contract language, subject to the approval of the City Council. Key provisions of the proposed MOU are: o Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees).o Effective the frst full pay period in July 2017, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees).o Effective the first full pay period in July 2018, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees).o Effective July l, 2014, sick leave shall not count towzud time worked for purposes of calculating overtime.. Employees shall make an irrevocable selection of one of the following two merit increase options in writing, and immediately upon the Agreement going into effect: 1. Effective the first full pay period in July 2016, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall "satisfactory" or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City's Performance Evaluation Policy, receive one merit salary advance. During the term of this Agteement only, the City agrees to provide merit salary advances to employees who achieve an overall "above average" or higher performance evaluation rating. Employees shall continue to receive their annual evaluations as scheduled in the City's Performance Evaluation Policy and employees may receive more than one merit salary advance during the term of this Agteement, but in no case shall be placed above the salary range in effect for the employee's classification. The merit increases eamed during the FY 16-17 fiscal year shall go into effect the first full pay period in July 2017. The merit increases eamed during the FY 17-18 fiscal year shall go into effect the first flrll pay period in July 2018. 2. Effective the first full pay period in July 2016, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall "above average" or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City's Performance Evaluation Policy, receive two merit salary advances. Effective the first full pay period in luly 2011, the City agrees to provide one merit salary advance to employees who achieve an overall "above average" or higher performance evaluation rating. Employees shall continue to receive their annual evaluations as scheduled in the City's Performance Evaluation Policy, but will not be eligible for any additional merit increases after the opportunity in July 2017 through the end of the term of the MOU, and in no case shall be placed above the salary range in effect for the employee's classification. Additionally, effective the first full pay period in July 2018, employees shall indefinitely and irrevocably forfeit any and all forms of longevity paylincentive. o As it pertains to health and welfare benefits, employees who elect Employee-Only, Employee + Spouse and Employee + Children health benefit tiers, the City agrees to Page 2 of 3 provide the same flat dollar cafeteria contribution that corresponds with the respective Low Medical HMO, lowest cost Dental DMO, and lowest cost vision plans combined, or $1,100 per month, whichever is greater. Employees who elect the HSA coverage shall receive an equal benefit to that described above, less $3,000 on an annual basis, which would instead be deposited to their HSA account.o All itemized benefit amounts specified in the City of Vemon Vision Plan (CVVP) that fall below $150 shall be raised to $150.o For employees eligible for retiree medical, the City shall pay up to $1,100 per month towards the employee's option of the City's medical and dental insurance programs for the employee and his/her eligible spouse, or the equivalent to the then-current lowest cost City-offered Employeel-Spouse medical HMO and/or dental HMO insurance premium, whichever is greater. Altematively, eligible retired employees and spouse may opt not to enroll in the City's medical and/or dental insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to $1,100 per month, or the amount equivalent to the then-current lowest cost City-offered Employee+Spouse medical-HMO and/or dental HMO insurance premium, whichever is greater. Once a retired employee opts not to enroll in the City's medical and/or dental insurance, he or she will not be allowed to re-enroll.o The grievance presentation and procedure shall provide for an informal remedy to resolve disputes at the lowest possible [evel, effectively reducing undue administrative burden, and to adjust the number of days to respond. Fiscal Imnact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Vemon Police Management Association for Fiscal Yeu 2016-2017 is $83,730. The approximate cost for Fiscal Year 2017 -2018 and Fiscal Year 2018-2019 cannot yet be determined as the cost of health and welfare benefits are variable and unknown. Attachments l. Resolution Approving the Memorandum of Understanding by and between the City of Vemon and the Vemon Police Management Association. Page 3 of 3 RESOI-,UTION NO. A RESOLIITION OF THE CTTY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDTNG BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE MANAGEMENT ASSOCIATTON FOR THE PERIOD OF JI]LY 1, 2015 THROUGH JUNE 30, 201.9 WHEREAS, the Vernon Police Management Association ("VPMA,, ) has been recogrrized as an employee organization and has met and conferred with the Municipal Employee Relat.ions Representative of the City of Vernon (the 'MERR" ) ; and WHEREAS, on ,Iune 3, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-26, approving a Memorandum of Understanding by and between the City and t.he VPMA for the period of .IuIy 1, 2014 lhrough ,June 30, 2016; and WHEREAS, the City and VPMA have concluded Ial:or negotiat.ions regarding wagJes, benefitss and working conditsions for the period of JuIy 1, 20L5 through June 30, 20L9,' and WHEREAS, represenuative members of Che VPMA and t.he City have agreed to execute a Memorandum of Understanding ("MOU") sett.ing forth certain terms and conditions for employment of City of Vernon employees in classifications represenEed by the VPMA, for the period of .Iuly 1, 2016 t,hrough June 30, 201-9,' and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI'NCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the CiEy of Vernon hereby finds and determines thaC the above recilaIs are true and correct. SECTION 2:The City Councif of tshe CiEy of Vernon finds that chis action is exempE under the California Environment.al Quality Act ("CEOA") review. because it is an adminisErat,ive act.ion that will not resul-t in direct. or indirect physical changes in the environment, and therefore does noc constitute a "project" as defined by CEOA Guidelines sectsion l-5378. SECTION 3: The City Councif of the City of Vernon hereby approves tshe Memorandum of Underst.anding beEween the City of Vernon and E.he vernon Pol-ice Management Association, in substantially the same form as Ehe copy which is at.t.ached hereto as ExhibiE A. SECTION 4: The City Council of the City of Vernon hereby to Eake whateverinstructs the City Administrator, or his designee, action is deemed necessary or desirable for Ehe purpose of implementing and carrying out the purposes of this Resolution and E.he transacE.ions herein approved or authorized, including but not limit.ed to, any nonsu.bst.antive changes to the MOU atEached herein. SECTION 5: The Cit.y Council of Che City of Vernon hereby directs the Citsy C1erk, or the Cit.y Clerk's designee, to send a fu11y executsed MOU tso Jerry Winegar, VPMA Presidents. 2 SECTION 5: The City C1erk, or Deputy City Clerk, of Ehe City of Vernon shall certify to Ehe passage, approval and adoptsion of this resolution, and the CiEy cIerk, or Deputy City C1erk, of the city of Vernon shall cause this resolution and the City clerk's, or Deputy ciEy Clerk's, certification to be entered in the FiIe of Resolutions of Ehe council of tshis City. APPROVED AND ADOPTED this 12th day of July, 2015. Name: Title:l,rlayor / Mayor Pro-Tem ATTEST: Citsy Clerk / Deputsy City clerk APPROVED AS TO FORM: sa, Senior Deputy City Attorney 3 STATE OF CAIIFORNIA )) ss COU}ITY OF LOS ANGELES ) I,, City Clerk / Deputy city Clerk of the CiEy of Vernon, do hereby certify Ehat the foregoing Resolution, being Resolucion No. , was duly passed, approved and adopted by the City Council of t.he Cicy of Vernon at. a regular meeting of the CiEy Council duly held on Tuesday, July 12, 201-5, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of vernon. Executed this day of ,JuIy, 2015, at Vernon, California. City Cl-erk / Deputy City Clerk (sEAr) 4 EXHIBIT A MEMORANDUM OF UNDERSTANDTNG BETWEEN CITY OF VERNON AND YERNON POLICE MANAGEMENT ASSOCIATION July 1,2014f through June 30,2016! TABLE OF CONTE\TS NTEMORANDUNI oF UNDERSTA\DING Parties to the Memorandum of UDderstanding .........--..-.-...-.4 Section l: Secton 2: Section 3: Section 4: Sectior 5: Section 6: Section 7: Section l: Sectior 2: Section 3: Section 4: Section 5: Sectioll 6: Section 7: Section 8: Section 9: 8 ARTICLE FTVE: O\TERTIME Ovenime Authorization ...................... ARTICLE THREE: SAL.{RIES Lieutenants Captains FLSA Ovenime Irave Time Inclusion ......... TraininS and Recenification Coun Attendance and "Sund By" Time Call Backs Jury Duty Non-Compensable 8 R Merit Steps ..... Salary AdjustrDent Increase Bilingual Pay 9 9 ARTICLE FOIJR: LONGEWTY Section l: Employees Hired Before July l,1995 ................ ll Section 2: Employees Hired On or After July l, l995.-...---......................,..-.., tl 12 t2 t2 12. 13 l3 A l5 l5 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SATETY EQUIPMENT Section l: Uniform Allowance .... ............. 16 Section 2: Summer Uniforms ....--. , .-..........16 Section 3: Safety quipment .... ..--...-.-.-16 Section l: Section 2: Secrioo 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section l0: ARTICLE SEVEN: BEIYEFIIS Public Employees RetiEment Syslem ...... .-........--l'l Supplernental PERS Benelits . .. .. ............ .......--.-l'l M€dical, Dental, Vision and Life Insurance ...........1'l Retirces Medica.l ................. l8 Vacatio[ firne ........ -..------.. 19 "ln Lieu" Holiday 'I'ime . ..... .. ... .. ... .. ... .. .. ....... .. l9 Sicklrave............ -.-...-.--..20 Bereavement kave.. ...........2O Deferred Comp .... ... .........-.-21 Other City Employ€e Pro8rams...,---..-..-. -.--.----.-21 ARTICLE EIGHT: WORI( SCEEDULE AIYD ABSENCFS Provisions . . ... .. ... .. . ...........22 Shiftand7CodePolicy...................... ............22 Shift Trades ........... ......-..-.22 ARTICLE NINE: GRIEVANCE PROCEDURE Section [i Section 2: Section 3: Seclion 4: Grievance Proc€dure Steps . . .. ...... . ....... .21 ARTICLE TEN: DISCIPLINE PROCEDURE Discipline Procedure Steps ..................... .......................... 26 Section l: ARTICLE ELEVEN: MAITIAGEMENT RIGIITS ExclusiveRights&Authority...............-. ....--.--- 28 MEMORANDT]M OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE MANAGEMENT ASSOCIATION Partics ao the MeEoraDdum of Utrderstanditrg Pursuant to Chapter l0 (section 3500 ", req) of Division 4, Title I of the Govemmenr Code and Resolution No. 4O27, t}le Resolution for the adminisrarion of Employer€mployee relations, the matters within the scope of repres€naation that are set forth in this Memorandum of Understanding (MO(D have been discussed by and b€tween reprcsentatives of the City of vemon ard the representatives of the Vemon Police Management Association (hereinafter "VPMA") and except as orh€rwise specifically provided herein shall apply only ro those defined in the aforesaid Resotution as Pq!.igqLieuteflants ard Eqligqcaplains. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VPMA, to be submitted to the City Council of Vemon for its determinalion and approval by one or more Resolutions or Ordinalces as the City Council may deem fit and proper. The MERR and the ReprEs€ntative of the VPMA have agreed thar they will jointly urge ahe City Council of Vemon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions ofemployment ageed upon in this MOU. If apFoved, the terms ageed upon by this MOU shall take effect on July l, 201{ and shall expirc at midnight on June 30, 20169. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED. IhC VPMA and the City ofVemon agree as follows: ARTICLE ONE FI]NDAMENTALS Section l: Recoenition The City of Vemon recognizes the vemon Police Management Association ("VPMA") as the cenified majority representative of rnanagement, compris€d of Police Lieutenants and EsU.s9 Captains, as the exclusive representadve of the employees for purposes of collective bargaining for all terms ard conditions within this Mernorandum of Understanding. Section 2: No DiscriEination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPMA shall discriminate against any individual, applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of ao individual's race, color, sex, religion, narional origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliatio.s, or membership or non-membership in the vPMA. S€ctiop3: MutualCooperation The panies recognize the necessity of cooperating on maners of mutual concem alld inteEsl ald agree to work together to maximize the effe{tiveness ofthe Police Department and the City and to accomplish legislative and funding goals in their mutual interest. S€ctiotr 4: No Strikes or t ockouts During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sarctioned by the VPMA, and no lockouB shall be rnade by the City. sggli@ citv/vPMA Meetinss Representatives from the VPMA and tie City shall rneet as needed to discuss issues of mutua.l concem. Section 6: Associaaion Busin€ss The City shall gratrt rclease tirne of 20 hours per fiscal year for the Association President or designee. In no case will Association lrave Time be used for political aciion purposes or if it will cause overtime unless it is authorized in writing by the Police Chiefor his designee. ARTICLETWO LEGAL LIMMATIONS, SAVINGS CLAUSE, AND TERM sgg!iq!! t €sal LiEitations and Ssvius C'lai$e It is understood and aFeed that this Mernordrdum of Understanding (including, but not limitcd to, the provisions of the Fair Labor Standards Act) and any uld all Resolutions or frinances adopkd in implernentation thereof arc and shall b€ subjcct to all present and future applicable federal and state laws and regulations and shall be cffective and implernented only ro the extent permitted by such laws and rcgulations. If any pan of rhis Memorandum of Understanding or of any Resolution or frinance adopled in implemenration thereof is in conflict or inconsistent with any such applicable prcvisions of federal and state laws or rcgularions or otheBis€ held to b€ inva.lid or unenforceable by any tribunal of competent jurisdicdon, such pafl or provision shall be suspended and superseded, and such applicable laws and regulations and the rernainder of tiis Memoraldum of Understanding shall nor be affected thereby and shall remain in full force and eff€ct. Section 2:Term (a) Ercept as otherwis€ provided herein, this Memorandum of Undershnding shall be in full force and effect from July l,2014{, and shall remain in full force and effect up to and including midnight, the 30th day of June 2016!, or until the nexl Memorandum of Understanding becomes effective. (b) This Memorandum of Undentanding shall be binding on the City and the Associalion when approved and adopted by the City Council. Except as otherwisc provided in Anicle III, Section l. herein, the City and the Association agree to submit proposals for any changes related to wages. bcnefits andlor other terms of and conditions of employment affecting this Memorandum of Understading b€tween February l, 20169 and March l. 20169. Section 3: Maint€nance o[ Existitrs Copdiiions Any employment policy, practices and/or benefits, including thc altemative workwe€k schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless othen ise stated herein. In the event of a conflict b€tween ihe Memorandum of Understanding and an cxisting policy and/or practice. this Memorandum of Understanding shall govem. Section 4. Modification and Waiver The City reserves the right to add to, delete from, amend or modify rhe Adminisrrative rules, the City Municipal Code, and the City's Personnel Policies and Procedures Manual during rhe rerm of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Bro'rn Act and the Police Officers Bill ofRights. Scction5. Severabilitv. ln the event that acoun finds any Fovision(s) ofthis Memorandum ofUnderstanding to be invalid or unenforceable, the panies intend ftat $e remaining provisions remain in effect. The panies further agree to meet and confer for purpos€s of negotiating an altemative to any provision declared invalid or unenforceable. Section l: Lieut€nant ARTICLE THREE SALARIES Sle?-t-----{+e$r+ Step-2--------+e5+ StepJ---------${r+4 Stee4--------{+t588 Steps--------{l++6t f€ll€*si Stepl--------$t0#+ Step4-------+e#69 SteeJ--------+r#3 Step4-------+l+62 St€?J--------+:#t Section 2: C.aotain S{e?-t----$l{-588 Lieutenant with ,6 COLAS Selarv Ranre PM17 Steo Effective 711r)176 Eftestive 719117 Effective 7ltl1a I s10.8a2 38 s11.1m.03 s 11-322 03 2 17.427.6 11,655.60 t2 237 _14 11.888 71 3 t1_*7.24 12 441 93 4 su.598 02 s12.849 98 s 13.106.98 5 s1i.227.36 s13,491 91 S 13.781.7s Captain with COtAt Salarv Ran.e PM4O Step Effective 7laol16 Effective 719177 Eftective 7lAl1B 1 u.598.02 I S12.849.98 L?rrr%Ts r? 4sLqr 13.106 98 2 13.761.75 3 s13.888 32 I s14.156.(I)s 14.M9 41 4 14.s82.94 I S14.874.60 s 1s.172 09 5 15.311.25 I S15.519 53 s 15-931.92 $€p4---------$r:.$ S€p3---------$lr;# St€p-1---------$g+$Setr-+aP86 fBlle{vs: St€?-+-$.UJ6a Stee+--------$+:J5+ Ste?3--------{++#8 Stee4--------{136$ H+g Scclion 3: MgI!lSSIE Eva.luation Policr and emplovees may receive more than one rnerit salary advance 17 fiscal year sha.ll eo inro effect the first full pav period in rulv 2017. The merit pesedin JuE-2StE- OR classification anniversary dare. shall. in accordance with the City's Performance opportunitv in Julv 2017 throush the end of the rcrm of the MOU. and in no case shall Fc ElEd: t6t Paragragh, umH + L6al: I + r{"mb..hg styE: 1, 1 3, + sfr ar I + aigntrEr: L!ft + Arit rd n: 0 25 + Iftlerlr at 0.69' fattt lEd: Ljst Pdragraph, l{umlEed + t6d: r + t{ulnErE SrtA: r, 2, 3, + Sbn al: 1 + Aligrrlrlt r-!Q + Arijrtd at 0 2t + Irrtnt.r: 059 pavlincentive. fo{u+eEElq merit increas€s to any said step shall rErnain at the sole discretion ofthe City Council- Section 4: Sslary Adiustmnt Increas€ : by an additional 2% (excludine Y-rated emolovees). bv an additional 2% (ercludine Y-rated emoloyees). In the event there is a salary inequity betwe€n ranks or between employees within the Department, the Chief of Police with the approval of the City AdminisEator may incorporate a service adjustment incrcase up to ten percent (10%) pcr month ofiheir basc salary. S€ction 5: Bilineual Pav A VPMA employee may be compensated for bilingual skills afier ihe employee demonstrales proficiency in speaking a foreign language (the ability to read and write in a foreign laflguage rnay also be resbd, ifnecessary), which proficiency would be determined by successful completion of a forcign laoguage proficiency test designated by the Human Resources Depanrnent. Those employees who successfully demonstmte this skill are eligible to receive an additional One Hundrcd Twerty-Five Dollars ($125.00) p.r month for bilingual pay and shall not be considered to be part of the employee's base monthly salary when computing Peace Officers Standards and Training (P.O,S.T.) cenificate inceDtives; however, it shall be considered as pafl of the base monthty salary for purposes ofcomputing the last highest annual salary. Section 6: VPMA employees shall be entitled to P.O.S.T. cenificate pay as follows: . Three percent (3%) ofthe employee's basic monthly salary. excluding all other compensation, for a P.O.S-T. intermediate cenificate; or hdenL Lfr: 0 29 II fs .tt d: Ifthnt: Left: 0.25', Tab stops: 1.81', Ldt + . Six p€rcent (6%) of the employ€e's basic rnonthly salary, excluding a.ll other comp€nsation, for a P-O.S-T- advanced cenificate; or Payment ofthe above-rsferEnccd incentive compensarion shall not be cumularive; ooly rhe highest applicable incentive pay l€vel shall apply. . Effective June l, 2014 VPMA employees shall be entided to a 7.5% of the employee's base monthly salary, excluding all other compensation, for a P.O.S.T. Management Certificate. Inccntive pay shall be payable the month following the month during which the certificaie is granted. P.O.S.T. cedficate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Should employees represcnted by the Vernon Potice Officers B€nefit Associarion (VPOBA) receivc across-the board cnhancemens to the existing P.O.S.T. Cedficate Pay-bet*,e€fi-July-l , 3ef+e+Jua€+,ae+4, a like increas€ will be provided to employees reprEsented by the Police Oflicers Managemeni Association. Section 7: ShooairtP P8v It is rccognized by the City of Vemon and the VPMA thar a peace officer must quali! in the firing rangc on a montl y basis in order to continue to be employed and to r€ceive Shooting Pay- Such qualificadons shall occlr on duty- Employees who shoot at the range other thafl the required qualificarions dates rvill be considered to be oll personal tirne. Such time is not counted as working time and is not compensable. Officers who achieve the following qualificatiors shall receive compensation as follows: Marksman Sharpshooter Exp€fi Distinguished Expen Shooting Pay shall be considered as part of the base rnonthly salary for purposes of computing the last highesa annual salary- $ 3.00 Per Month $ 5.00 Per Month $ 7.50 Per Monih $ 10.00 Per Month t2 ARTICLE FOTJR LONGEVTIY $g[q! Emolovees Ilircd Beforc Julv 1.1995 Effective August 31, 1986, the City established a four-step lrngevity ptogram for all employe€s. Said t ngevity program is as follows: . All eligible employees who have five yeaIs of s€rvice on or before August 31, 19E6, shall rEceive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year therEafter until reaching the next l.ongevity level. Employees upon reaching their 5ft anniversary dare after August 31, 1986, shall b€ €ntitled to said five percent (5%) per month upon said amiversary dare. . All eligible employe€s who have ten (10) yeas of service on or beforE July I, 1987, shall r€ceive an additional ten percent (10%) per month of their base sa.lary effecdve July I, 1987, and every year thereafter until reaching the next lrngevity level. E[ployees upon reaching their loth arniveNary dare afrer July I, 1987, shall be entitled to said ten percent (10%) per month upon said annive$ary dare. Said ten percent (10%) is in place ofthe five percent (5%) referenced in paragraph I above and not cumulative therewith. . All eligible employees who have fiffeen (15) years of service oo or before Iuly l, 1988. shall receive afl additional fifteen percent (15%) per monft of their base salary effective July I, 1988, and every year thereafter until reaching the next lrngevily level. Employ€es upon reaching their l5th annivers&y dare aner ruly I, 19E8, sha.ll be endtled 10 said fifieen percent (15%) per month upon said dare. Said fifreen percenr (15%) is in place ofeach of the amounts referenced in paragraphs I and 2 above and not cumulative therewith. . AII eligible employees who have twcnty (20) years of service on or before July l, 1989, shall receive an additional twenty percent (20%) per monft of their base salary effective July I, 1989, and every year thereaffer. Employees upon reaching their 2fih anniveGary daE after July I, 1989 shall be entided 1o said twenty percent (20%) per rnonfi upon said anoiversary dale. Said twenty percent (20%) is in place of each of rhe amounts refercnced in paragraphs l. 2 and 3 above and not qrmulative therewith. SgEq4 EEplovees IIircd on or 8lt€r July 1.1995 atrd on or bcfore DecepDcr 31. A)13 All €mployees in the VPMA who are hircd on or alier July I, 1995, who altain live (5) years of cons€cutive uninterupted employrnent shall rcceive all additional 6ve percent (5%) per mouth of their bas€ salary. Such employees shall be entitled to receive such five percent (5%) increase upon rEaching their 5th anniversary date. Such employees will not be cntitled io rEceive any additional Longevity percentage increase to their bas€ salary for funher s€rvice, ARTICLE FTVE I] OVERTIME Scctioo 1: EEq.luttodzeES! All ovenirne requests mu$ have prior written authorization of the Chief of Police prior to the commencement of such oveftime work. wher€ prior *ritten authorization is not feasible, explicit verbal authorization must b€ obtained. where verbal authorization is oblained, written authorization must be obtained as soon therEafter as praclicable. Sgsiq.a F.L.S.A. OvertiEe Employees in the classificadon of Police Captain are exempt from overtime in accordance *ilh the Fair tabor Standads Act (FLSA) executive exemption. Police Ueutenants rcquirEd 1o perform in excess of the stardard work period of 160 hours io a 28-day cycle shall receive compensation at the iaie of tirne and one-half their .egular rare of pay or tirne and one-half 'tompensatory time" for e3ch hour worked. The rEgular rare of pay shall include the following components in addition to base salary: . P.O.S.T. Certificare Pay. special AssignrEnt Pay Sectioo 3: CoEpepsrtorv fim Police Lieurenanrs rnay not eam more than fony (.!0) hours of compensatory time during any FLSA 2Eiay cycle. At such rirne as an employee eams fony (,lO) hours of comp€nsatory tirne within a given 28day lvork cycle, any addiiional ovenime in that cycle shall be paid to the employee at time and one-half of his/ter regular rate of pay. VPMA employees may not accumulale morc than 2{0 hours ofcompeosatory time. An employee must be paid ar the rate of dme-and one-half for any ovenirne worked beyond the 24o-hour compensatory time "cap." Th€ eiry afld dl€ VPM a8re€ re €entinue negetiatiefls Egarding eyertirne rvages ef $e Sectioo 4: l,cave Inclusions In detcrmining an employee's eligibility for overtirnc compensation in a work period, paid leaves of absence will b€ included in the total number of hours worked. Paid leaves of abscnce include, t5 but are not limit€d to, the following: l. Vacarion 2. Holiday trave 3. Administrati ve l€ave 4. Compensatory l€ave 5. Workers' Compensation l,eave (4850 time) 6. Jury Duty 7. BerEavement l€ave 8. Military Lrave Scction 5: TrafuipE and neertificaaiotr Tine Training time th* is rcquiiEd is comp€nsable Recertircation tirne thal is directly related to an employee'sjob will be cornpensable ifcompleted during assigned work hous. Section 5: Court Attendance ard '$tand Bv' fim Court Appearancts VPMA employees shall be comp€nsated for coun appeaEnces in the line of duty outside regular scheduled duty hours as follows: A. Court appearances which extend b€yond an employee's normal shifr assignment shall b€ compensated as paid overtime. For purposes of calculating F.L.S.A. overtine puBuant to this section of this MOU, or y the actual tinre spent in cou( or traveling in a City vchicte to and from the Station shall b€ credited as hours worked. Travel tirne to and from one's private rEsiderce shall not b€ considered hours worked and shall not be compensated in any manner whatsoeve(. Notwithstandiog the provisions of "A" above, VPMA employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half(l.5). If an employee is required to stay b€yond four hours in court. the employee shall be compensated at tirne and one-half (1.5) a( their regular hourly rate for all hours spent in their court duty assignment that day. c. r6 Statrd By Ti@ If an employee receives a subpoena to be plrced on stardby, the effect€d employee sha.ll be compensated for Stand By status as follows: A. An employce who is placed on Stand By status for a halfcourt day, which shall consist of eith€r a moming s€ssion or aftemoon session of courl shall be paid Sixty Dollars ($60.00). B. AIl employee who is plred on Stand By stalus for a full coun day, which sha.ll consist of the rnoming session afld the a.ftemoon s€ssion of coun, on the same day, shall be paid One Hundred Nineteen Dolla$ ($ I I 9.00). However, if said employee is rEquircd to appear in coufl, h€y'she shall r€ceive court appearance compensation rather than Sland By compensation for hivher time in coun. C. The parties agree that Sland By pay shall not count toward hours worked and thal the provision complies with the F.L.S.A. D. Allcmativ€ly, an employee (ai thc employee's option and wift the permission of the Chicf of Police or his designee) on coun Stalld By may repon to lhe police stalion, in uniform, for assignrEnt while awaiting coun. Under these circumstances, an employee shall be compensated on an hour-for-hour basis (ifon overtime, al time and a halo for tirne adually worked while on Stand By. E. No additional payrnent other than that ser fonh in Sedion 6 of the MOU shall be made for Coun Pay. Should employees rcpresenrcd by the vemon Police Officers Benefir Associarion (VPOBA) arnend their MOU contract language regarding Court-Time Pay and Stad-by Pay+et*€eeJCH- 2g+aa+June-3+,+e+6, the City and the VPMA agree ro anend the VPMA MOU to incorporate such changes. Section 7: CdI Baclcs Call Back duty occurs when an employee is ordered to rcpon to duty on a non-regulady scheduled work shift. Call Back does not occur when an employee is held over from his,fter prior shift or is working prior to hivher regularly scheduled shift. This provision is also to be distinguished from Coun pay. which is to be used when an employee is called to coun. An employee called back to duty sha.ll be credited with a minimum of four hours' work. Any hours worked in excess of four hours shall be qedited on an hour-for-hour basis (at time and one- half compensation) for actual time workcd. If the employee is odered to retum to work imrnediately, his work time shall be qedited comrn€ncing immediately after the employee has been directly contactcd by the employer. Section 8: Jurv Dutv t1 Policy Employees shall be granted up to two wecks paid lcave of abs€nce in order to perform jury duty, provided that the employee provides nodfication to the City for suchjury duty and prcvides proper v€rificarion of hours sp€nt onjury duly. VPMA employees will be requirEd to retum to work, if regulady scheduled to work, as soon as they are rel€asd Fom theirjury duty. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is employed by a local government entity who rEceives rcgular compensation and benefits while performing jury senice, may not be paid Jury Duty Pay. An employee must retum all Jury Duty Pay to the Coun if paid by ihe Court. C. VPMA employees shall rEtain any Jury Duty Mileage Pay. Scction9: Non-CoEpcErble A. City Vehide USe-VPMA employees who are provided with a City vehicle to travcl to alld from work shall not be compensated in any manner whatso€ver for ravel tirDe to and fmm work. This pmvision also applies in rhose situations wherc the radio must be left on and rnonitored unless anslvering a call for serlic€. B. Clothesy'Uniform Changng Tim-Tirn€ spent in changing clothes before or affer shifr, or during lunch. is not considered hours worked and is not compensable in any manner whatsoever. B t8 rrNrFoRrvrs, AL".#f :'JT^*ry EerrrpMENr Section l: Uniform Allosawe The City will pay each VPMA employee who is on the aclive payroll of the vemon Police Department rhe sum of One Thou sand Dolla$ ($ I ,000) per fiscal year for the purchas€ of uni forms and related equipmenl Such payrnent shall occlrr within the month of AuSust of €ch year. Uniform allowance is special compensarion uat shall be deemed eamed when paid and shall be reported to CaIPERS as compensalion qmable. Scction 2r SuEm€r UniforEE VPMA employees who ale assigned to patrol will be allowed io utilize sumrrer unifoms Olue shin/blue shons) on any day at the discrEtion of $c Chief of Police. The Chief of Police shall establish authorizarion or nodfication procedures, as well as sumnEr uniform requirerEnts. Section 3: Safetv EouipuEtra The City shall, every three (3) years, pay one half of the cost of the member's individual body amor if the member presents to the City a receipt for body annor that meets Depanrnental specifications. U the City provides individual body amor to an employee, and the emptoyee accepts such body armor, thcn the thrEe (3) yeff tinE period shaU begin upon acceptarc€ of lhe My armor by the e mployee. VPMA employees who carry a privare weapon which has been expressly approved by the Vemon Police Depanrnent and suffer the loss or da[rage of such weapon in the line of dury shall be compensated by $e City of Vemon up to the amounr of replacement cost of the ofEcial issue weapon of lhe Vernon Police Depafirn€ni unless such loss or damage was caus€d by the cmployee's negligence. l9 ARTICLE SEYEN BENEFITS Section l: Public Employce ReiireErctrt Svsaem ('PERS") The City shall rnaintain its contract wirh lhe Califomia Employees Public Retirement System (PERS) that provides VPMA employees with thrce percent (3%) at 50 PERS retirement benefit plan, As a result of the re€eatpassage of AB 3,10 Public Employee Pension Reform (PEPRA), new CaIPERS rrEmbers hired on or aftfi January 1,2013 who rneet the definition ofnew rnember under PEPRA, shall be provided,a2.7% at 57 PERS retirenEnt b€nefit plan. VPMA employees shall be responsible for palng their PERS nine percent (9%) employee's contributions. Section 2: Supplemntal PERS Rctirrmnt Benelis The City agrees to provide additional supplerEntal retirement benefirs ro VPMA employees under PERS as follows: . Gov't Code Section: 20042 - One Year Final Compensation: New employees hired on or after January l, 2013 who meet the definition ofnew member under PEPRA shall receive 3 Year Final Compensation. . Cov't Code Section: 21024 - Militarv Service Credit as Public Service: r Gov'tCode Section:21571 - Basic kvel of 1959 Survivor Benefi(s: r Gov't Code Section.21624 & 21626 &2162E - Post Retirement Survivor Allowance: Section 3: Medical. I)ental. \fision and Life Insurance 20 Director of Hurmn Resources. l.ow Medica.l HMO. Employee + Familv lowe$ cost DenEl DMO and lowest cost familv vision plan. Emplovees enrolled in the Employee + Familv hea.lth benefis cateeorv that elect a he3lth plan hieher than the lrw HMO medical- denEl afld/or deduction. The Ciav understaods thar this amount will vart based on the premium costs that eo into effect on Januarv I st of each calendar vear of the term of this Agrecrnent. B. For emplovees who elect Employee-Onlv. Emplovce + Slrouse and Emolovee + employee heallh lroup tiers. Thal amount is $ l 100 per month. Emplovees who contdbution. This amount will remain fixed unless th€ total prEmium cost of the lowest cosr rnedical HMO. lowe$ cost Dental DMO. ard lowesr cosr vision plan the total premium cosrs of the lrw Cosr Medical HMO. lowest cost Dental DMO. costs throush a prc-tax pawoll deduction. C. For employees enrolled in the HSA PPO plan. the Cirv shall oav up ao fie citv annuallv th€ City shall make Iumo sum contributions to a health savinqs account (HSA) as follows $1.500 in Jaruarv. and $500 each in March. June. and September. The cost ofanv HSA PPO plan selectcd bv emplovees that cxceeds the City D. Durine the term of the Asr€ement. Emplovees will be allowed to chanee heal$. event as prescribed bv the City's insurance provider. 2t R.A.._ affe{axfa}{olteu€+i€fl= Dental: The City of Vemon provides a dental insurance plan to employees. Employees may purchase dental insurance through the City by pre-tax payroll deducdon. [n the event any VPMA employee does not exceed allowarce, the employee shall be allowed to us€ any excess monthly allowances towards additional provided coveraSe for dental alld vision. Vision: The City ofVemon provides a vision cale .eimbursernent plan io employees. The City shall pay 100% of fie cost of such a plan as desimated bv their election of nredical coverase. for eBptoyees-ef,ly. Employees sha.ll have $e option of purchasing vision carE for lheir depcndents aa a cost of $6.95 for one dependent or $13.95 for two or morc dependents. The Citv asrees $at $150 shall be raised ro $150. Life Insurarce: The City provides a $20,000 life insurdnce premium plan ro employees. The City shall pay 100% of the cost of such plan for employees. The City's agreement to pay full or pafiial costs of said premiums sha.ll not create or rip€n into a vested right for said employee; how€ver, the City shall be obligated to pay the cost orprovide said medical, dental, vision, and life insurance benefits as describcd so long as this MOU rernains in effect. Should employees rcpresented by the Vemon Police Officers Benefit Association (VPOBA) aoend their MOU contract language regarding medical, dental, vision or life insurance benefits be+*e€eJutl--2ef4trdJuf,eJe.?ffi, the City ard fie VPMA agree to amcnd the VPMA MOU to incorporate such changes. Soctiou 4: Reaire€'s M€dical Employees must retire ftom the City ofVemon under a CaIPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits. Fe?r€sef,t€d+r+heErnplgygeIlll9 Vemon Police Managemenr Associarion rvho-lllslhave b€€n employed as swom Peace Officers for a minimum oftwenly (20) years and a minimum of l0 years 72 of that service has bern in the employrnent of the City of v€mon to be elisible for RetirEe's Medical b€nefit. Th€ Citv shall pay up ro $1.100 oer monrh towads the employee's option ofthe The City's conEibution toward the Retirce MedicauDental Benefit Plan shall continue foi said retired employe€ and eligible spouse up to the age of sixty-Iive (65). Upon rEaching the age of sixty-five (65), the retir€e and/or eligible spouse shall apply for Medicare coverage, wher€upon the City's insurance shall b€corne supplemcntal cov€Ege. The City shall pay up to 100% ofthe cost to provide ary Medicare supplenrntal rEdical and dental insurance plan offered by the City of Vemon, not to exceed $1,100 p€r rnon$. The City will not be the primary insurance carrier once the redree and/or employc€ rEaches the age ofsixty-fivc (65). Ifthe retiEe oreligible spouse fails to tirn€ly obtain and mainhin MedicaE coverage, the City shall not be rcquired ro provide any medicaydental benefits until such Medicarc coverage is obtained and rnaintained. The maximum $1,100 City contribudon shall be applied only towads a City sponsorEd M€dicaE supplernental rnedical and dental premium plan payment and shall have no cash surrcnder valu€. All retirEd employees with a minimum often (10) years ofcontinuous uninterupted service with the City may pay the City's premium cost for rnedical and dental insurance up to thc age of sixty- five (65) after which time Medicare will becorE the primary insurance cafier. The retired employee may remain on the Ciry's supplemental insurance to Medicarc at hivher cost provided the rctiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/ter required cost of the insurance premium for the City's medicaydenml benefit plan for any three (3) consealtive months or, should the coverage oiherwise lapse for any reason other ]han Ciry's non-paymenr, then the City's obligation to maintain the retirce's rnedicaUdental benefir plan shall automatically terminate wirhout the need for funher notice. Sgg!igS_5, Vacatioos A.Accrual Vacation acc'rual after th€ 6rst year of service: 120 hours per year Vacation accrual after ten (10) years of service: 16O hours peryear Vacation accrual after completion of twenty-five (25) years of s€rvice: hours per year Policr r70 23 B VPMA cmploye€s may take all or parr oftheir vacation in increments of one-foufth (l/4) hour or more, as determined by the Chief at his discretion with due regard for the wishes of the employee and (he needs of the Depanment. Any rcquest will be honorcd only if, in the opinion ofthe Chief or his designe€, the manpower or s€rvice level on the day or days and ar fie drEs .€quested is adequate to pemit gEnting such a request. vacation time provided for hercin shall be accumulated from calendar year to calendar year. and shall b€ compensated for if not utilized during said period. Section 6: "In Lieu" Eolidays VPMA cmployecs shall rcceive one hundred ard ten (l l0) "in lieu" holiday hours per calendar year). "In lieu" holidays will be credited to each employee on each July I in which hdshe is on the active pa),roll, including those on "Light Duty". of the Departrnent in a classification represented by the VPMA and must be talen prior to the imrnediately followinS July l. "In lieu" holidays may be taken in incrernents ofone-founh (l/4) hour or more, on datcs desired by the employe€ subjed to the needs oflhc Vemon Police Depanment. "ln lieu" holidays, if not uken, shall not b€ paid for ercept if the employee was denied an opportuniry to take rhem off during the calendar year for which such "in licu" holidays were gEnted. In that case only, the employee shall be paid for said "in li€u" holidays not tak€n with hivher first possible payroll check on or afrer July I of the calendar year following the year for which the "in lieu" holidays were qedited, at hiJher then basic rate, excluding all other compensation, computed in accondance with the applicable Salary Resolution of V€mon. An employee rf,hoquitsor is t€rminated shall notb€ entitled !o any compensarion for "in li€u" holidays not taken. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to those holidays provided for in Resolution No. 8764, VPMA employees shall receive the sarne number of any additional holidays. Any additional'In tieu" holiday time rcceived by VPMA employees will be for a maximum of ten (10) hours per day received. Section 7: Sick LeaYe Full-time VPMA employees only receive sick leave accrual while they are in a paid staNs. Employees shall acque sick time at a .ate of3.08 hours per pay period (80 hour annually), wirh a marimum cap of 960 hours. Upon reaching the cap. full-time employees will coltinue to accruc sick leave provided; however. in the fioal pay period in December€ach year a.ll accrued sick leave in excess of 960 hours shall be cashed in at fifty pcrc€nt (5070) of the employee's regular rate of pay. a paid stanrs. If aVPMAemployee separates or terminares employment with the City, they shallbe compensated 21 for any accrued sick leave hours at thc tirne ofseparation not to exceed 960 hours. Employees thal separate ftom s€rvice with morc than 20 ycan of service credit shall be compensated at l0O% of their cunent pay rale applied io the fi$t 480 sick leave hours and 50 for their rEmaining hours up to the cap of 960 hours. Employees with less thar 20 years of service shall be compensated at 50% of their Gen clrrent pay rate up to the cap of 960 hours. Employees shall have the option of obEining service credit for the accrued, unus€d sickleavc hours instead ofa cash payment pursuant to California Govemrpnt Code Section 20965. VPMA employees are expected to coniaci their supervisor or Departm€nt head as soon as possible to repon a sick leave time off notification and provide apprDpriaie information on the narure of the illness or injury and the exp€ct€d duration of the time ofi Employees unable to repon for duty due to an illness should be requirEd to call in and notify th€ onduty supervisor a minimum of 2 hours before they are due to stan heir shift. A VPMA employee who is absent on sick leave for more than two (2) consecutive shifu shatl be requirEd by his or her supervisor to provide a doctor's nore in order to be paid for the sick leavc. Section E: BcrcaveEetrt [,€8ve When an employee is compelled to be absent from duty by reason ofdeath or ciitical illness (wherc death appears irnnineni) of a member of the employee's immediate family (father, moaher, broiher, sister, spouse, children, mother-inlaw, father-in-law, steD-parEnFin-law, grandmother, grandfarh€r, graodchildrEn, grandmorher-in-law, grandfather-in-law or registerEd dornestic parrners), such person will be permitted, subject to the Chief of Police's approval, ro a leave of absence wiah pay for up ro twenty-five (25) hours over two shifts, which may, but need not be, cons€cutive. An employee shall not be granted paid Bereavern€nt [€ave for morr thall 2 days in any six-month period for the same family rnember. Employees will be allowed to utilize fieir vacation time. any compensatory time, or any "in lieu" holiday time that is due to the employee, in order to lengthen such bercavemeot time. The employee shall furnish satisfactory evidence of such death or crirical illness to the Chief of Police, if requested. !g!q! DeferredCompcnsation VPMA employees are eligible ro panicipate in th€ City's Defened Comp€nsarion Program. Scction 10: Other City Emplovec hTpranls VPMA employees are eligible to paflicipate in all City sponsored prcgrams passed by City Council Resolutions thar are intended to benefit all employees in rhe arcas of, bur are nor limircd ro, the following: . Buyback of military leave for PERS retirenEnt time. Computer loan purchase plan. SupplerEntal Life insurance 25 Conecti ve eye surgery plan Hearing aid device plan Tuition reimburs€rnent plan Family Medical t€ave Act (FMLA) l6 ARTICLE EIGTTT WORK SCIIEDI,JLE AND ABSENCES Section l: Provisions The vemon ChiefofPolice at his sole discretion shall establish the work schedule. Section 2: Work Schcdule rl2 Plar l.aw Enforcement agencies are allowed to establish a work p€riod ofany length b€tween seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-€ight (28) day cycle. In orderto be cornpliant, VPMA employees assign€d ro parrol will work th.ee (3), twelve and one half hour (12%) days p€r week with a ten (10) hours payback per mon r, wirhout inqrrring any ovenime. In the event lhe City needs to adjust any work schedule, the Ciiy agees that no such modificaaion will be conducted without first notirying thc effccted employee a minimum of l0 days prior to the change, uoless ageed to by the eff€crcd employee(s) and the Chiefof Police or his designee. The City agees to continue the 3/12 Plan for VPMA employees assigned to parol, with the exception of specific assignrncnts. The VPMA agees fiat the City may, at its sole discretion and at any time. terminale thc 3/12 Pla[. The VPMA agrees that the termination of the 3/12 Plan is not subject to thc gricvaflce procedure or any o$er administrative review and that the 3/12 Plan is not and shall not becorne a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the rneet and confer process. Section3: Stst_sgC-esCs&:c&8, Patrol penonnel shall work a twelve- and-one-half ( l2%) hour shifr. The first one-halfhour shall be used for briefing and raining purposes. Lunch time (Code 7) shall be pan ofGe shifr and is compensab le. Section4: Shift Trades The practice of shift trading shall be voluntary on behalf of each employe€ involved in the [-dde. A shifr U-ade must be pre-approved by a supervisor. The rade must be due to the employee's desire or need to attend to a personal matter and not due to the departmenfs operations. The employee providing the trade sha.ll not have hisfter compensable hours increased as a rcsult of the trade; nor shall the employee receiving rhe trade have his^er compensable houn decreased as a result ofthe trade. If one individual fails to app€ar for the other (regardless of the r€ason), the person who was scheduled as a resuli ofth€ shift uade will be listed as absent witholt leave and rnay be subjecl to discipline. 27 Any premium pay or other exra compensation shall continue to accrue only to the p€rson originally e.titled to the premium pay or extra compensation. Any hours work€d beyond $e normal work day will be credited to the individual actually doing rhe work. "Paybacks" of shift trade are the obligation ofthe two employees invol ved in the rade. "Paybacks" are to be completed within one (l) calendar year ofrhe date ofrhe initial shifr trade. Any dispute as to the "paybacks" is to be resolved by the involved employees, and under no circumstances will the department be obligated for afly furth€r compensation whatso€ver (o any of the involved €mployees. The department is not responsible in any manner for hours owed to employees by otheremployees that leave the employment ofthe Ciry or are assigned other duries. A record of alt initial shifr fades ard "paybacks' shall be rnaintained by the involved employees on forms provided by the Depanrnent. 28 ARTICLE NINE GRIEVANCE PROCEDI,JRE the-fe+te+vi€€frif,€iples= Aearie+of,+= Sreo+ SteE2 S+eE+ 6o+{e+a+e+een-set+l€d-o}St€p+ SrcE4 eha$es. containine the followinq principles: rhe grievant. GRIEVANCE PRESENTATION AND PROCEDURES reDresentatlve- until all the attachments are received. malaeem€nt reprcsentative. INT'ORMAL PROCEDURE suIrcwlsor- Step I workine davs from lhe date the srieva[co was pr€scnted to him. Step 2 Step 3 ]t desienated bY not to have been settled at Step 3. SleE chajlges. 32 ARTICLE TEN DISCPLINE PROCEDTJRE Disciplinsry Procedur€ The parties recognize that fte Public Safety Officen Procedural Bill ofRights Act (the "Act") (Covernment Code Section 3300, et. se4.) provides for the administrative appeal of certain t)'pes ofdisciptinary actions. The procedural details for implernenting the provisions of such administrative appeal shall be as follows: Saep I Any VPMA employee who wishes to proceed with ar administrative appeal afrer a decision by the City Administcator regading a disciplinary action must make a written rEquest for an administrative appeal. The writren rcquest must identify each of the issues which said employec inrends ro address during the adminisrative appeal and must be personally delivered to the office ofthe City Administrator ofthe City ofvemon within ten (10) working days afrer receiving written notice of the City Council's decision imposing the subject discipline. The pafiies agee that ifsuch written rcquest is not submitted to the City Admi strator's office in a tirnely manner, said employee shall have waived his or her right to proceed with the administrative appeal. &D2 Afrer r€c€ipt of the written request for the adminisralive app€al, the City Administraror shall, within fony (40) days, schedule ihe administrative app€al for a closed session al a scheduled City Council meeting. The VPMA employee shall have the right to have rhe matter proceed in open session, but must make the City Council aware of this choice before the appeal begins. The City Administrator shall prcvide the VPMA employee with at leasl ten (10) days' notice of the scheduled City Council meeting whcn the administrative appeal will be heard. Step 3 The City Coulcil shall conduct the administrative app€al. and shall consider alld receive such evidence as it deems appropriate. Step 4 Said VPMA employee shall not have the right to subpoena witness€s or cross-examine any witnesses, but shall be permitted to submit written documents and oral testimony. Step 5 The City Courcil's decision will be provided in a written format which will be given to the VPMA employee after the decision is made. The decision of the City Council shall be final and shall be binding on the parties. l3 Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) arn€nd their MOU contract lsnguage rEgarding Discipline Procedures between#gtrkd J{+fe-3Hf,6, the Ciry and the VPMA agree to arlEnd the VPMA MOU to incorporate such changes.- An amendmenr mav be needed bas€d on the VPOBA MOU. 3,1 ARTICLE ELEYEN MANAGEMENT RIGHTS Section l. Exclusive Rishts aod Auahoritv. ln order to ensure that the City is able to carDf out its functions and rcsponsibilities imposed by law, the City has alld will retain the exclusive right to manage aIld direct the performance of City services and the work force performing such services, subject to certain limitations contained elsewhere in this Memorardum of Understanding. Therefore, lhe following maners sha.ll not be subject to the meet and confer process. but shall b€ within the exclusive authority of the City. The considecation of the merits, necessity, or organization of any service activity conducted by the Ciay shall include, but nol b€ limited ao the City's righr to: Determine issues of public policy. The exclusive right to determine the mission of its constitueDt depanments, commissions, afl d boards. Sct standards and levels ofservice and to expand or diminish services. Determine policies, procedures and staldards for selection, training and prornotion ofemploye€s. Direct its employees. Establish ald enforce employee dress and grooming st2r ards. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful rcasons. Maintain the efficiency of govemrnental operations. Determine the methods, means and nurnbers and knds of personnel by which govemment opeBtions are to be conducted. D€termine the content and intent of the job classifications and, to develop new job classifications- Determine rn€thods of financing. Determine style and/or rypes of city-issued wearing appar€I. equipment or technology to be used. Determine and/or change the facilities, methods, technology, means, oaganizational stmcture and size and composition ofthe work force and allocat€ and assign work by which the City operations are to be conducted. Detemine aod change the number oflocations, relocations and type ofopeEtions processes and materials to be us€d in carrying out all city functions, including, but not limited to, the right to contract for or sukontract any wo* or opemtions of the City. Assign work to and schedule ernployees in accordance with requirements as determined by the City and toestablish and change work schedules andassignments upon reasonable notice. Establish and modiry productivity and performance programs and stardards. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or B. B. C. D. E. F. c. H, t. K. L. o P, 3-s N othenMise discipline employees in accordance with applicable stare law. a. Establish employee perfonnance standards includin8, bur not limited to, quality and quimtity standards, and to rcquirc compliance &erewith.R. Take all necessary actions to carry out its mission in ernerSencies.S. Exercise complete conrol and discretion over its organizalion and the technology of performing i]s work. Thc Associalion recognizes lhat the City has and will continue to rclain, whether exercised or not, the unilateral and exclusive right to operate, administer and rnanage its municipal rrvices and work force performing those services in all respects, subject to this Memorandum of Understanding. Section 2. Grievarce on lnpacts. The exclusive decision-maling authority of the City Council on ma[ers involving City righB and auihority shall not be in any way, direcdy or indircctly, subject to the gnevaa.. proc€dure set fonh in this Memorandum of Understanding. The employee may only grieve rhe impacr ofrhc exercise ofexclusive City rights and authority that dirccdy relate to rurters within the scope of repres€nktion. The City shall not be required to meet and confer in good faith on any subject preempted by federal or state law. The Ciry shall meet and confer in good faith with the Association on all marrers related to the salaries, ftinge b€nefits and other terms alld conditions ofemploym€nt in rccordalce with the Meyen-Milias-Bro*n Act and/or Police Oflicers Bill of RighB. 36 SIGNATI]REPAGE CITYOFVERNON VERNON FOLICE MANAGEMENT ASSOCIATION Carlos R. Fa[dino Jr. City Administrator / "MERR" Jerry Winegar President lsaac Garibay Director of Human Resources Rob€flo Sousa Treasurer Lisette Michele C.izzellc Senior Human Resources Analyst William Fox Filance Dircctor APPROVED AS TO FORM: Hema Patel City Attomey APPROVED AND ADOPTED BY THE CITY COLINCIL ON RESOLLTTION NO. Maria Ayala City Clerk Michael Gillmatl Secretary PER 37 Dated: 38