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20160712 Regular City Council Meeting - Packet 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.cityofvemon.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 of YES Rescheduled Regular City Council Meeting Tuesday, July 12, 2016, 9:00 a.m. City Hall, Council Chamber �- 4305 Santa Fe Avenue orG raUN0E019a5 ��•�' Vernon, California 5 s�"'ELY 110 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 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 Page 2 of 7 Regular City Council Meeting Agenda July 12, 2016 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 Page 3 of 7 Regular City Council Meeting Agenda July 12, 2016 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 Page 4 of 7 Regular City Council Meeting Agenda July 12, 2016 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 Page 5 of 7 Regular City Council Meeting Agenda July 12, 2016 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 AB 1234 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. CV 16-2405 24. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Page 6 of 7 Regular City Council Meeting Agenda July 12, 2016 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 Page 7 of 7 RECEIVED JUN 2 9 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator �C�` <<D Originator: Lilia Hernandez, Executive Assistant to the City Administrator RE: Recognition of Retired City Council Member—W. Michael McCormick Recommendation A. Acknowledge and present a proclamation and commemorative flag to retired City Council Member and former Mayor, W. Michael McCormick in recognition of his dedicated service to the City of Vernon. Background 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 Council Member who retired from the City of Vernon 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 Vernon community. He was initially elected to serve on the Vernon City Council on March 12, 1974 and served as Mayor Pro-Tempore from April 20, 2009 through April 19, 2011 and again from October 23, 2012 through April 16, 2013. W. Michael McCormick was Mayor of Vernon from April 16, 2013 through the date of his retirement. Former Mayor McCormick represented his community and the City by serving as a Board Member of numerous area organizations including: • Sanitation Districts of Los Angeles County - 23rd District since 1974. • Independent Cities Association—as a Board Director since 1987 and serving as President from September 13, 2007, through September It, 2008. • Eco-Rapid Transit (formerly The Orangeline Development Authority) — as Board Director since 2003 and Secretary/Treasurer since 2007. • Southeast Cities School Coalition—as a Board Director since 2005. • California Contract Cities Association Page Iof2 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 Vernon's leadership and was seated on the Council during the defeat of state legislation aimed at disincorporating Vernon. His dedication and commitment played a key role in the transition and transparency of the City of Vernon to implement and employ good governance 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 federal government officials and agencies. As a gesture of appreciation for his unwavering commitment and service to the City, Vernon Gas & Electric re-named a substation to McCormick Substation on March 18, 2014. Staff is honored to further recognize former Mayor McCormick by presenting him with a commemorative City flag. Fiscal Impact The costs associated with this activity can be carried out without additional impact on the current operating City Council budget. Attachments) None. Page 2 of 2 0 e 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 IVHERE.-1S, IF. Alichael ALCormick has faitlJfully served the City of Unl eon_for ozTr 42 years;and II-THERE-IS, 11, Alichael A1cC'ornlick retired from the City of i enron effective_-Ipril 18, 2016;and ITIERE 1S, 1}': A1iclJaelAlcCornrick dezrted significant time and Fort above and bond the course and scYlpe of his elected duties on behalf of the people of the Cite of i 'enron;and W-HERE_-LS, II' Michael M Corniick has been a resident o f the City of I 'enron since 1969;and If"HERE AS, IV Alichael AlcCornlick aws initially elected to sense on the [ 'enron City Council on A1an•h 12, 1974 and sen ed as Alayor Pro-Tenlpore from_April20, 2009 through.-1 pri11 J, 2011 and agailr Jinn] October 23, 2012 through_-Ipril 16, 2013;and Il"HERE 1S, Ikl AIiclJael A1iCorMiik sen ed as Alay,or of the Cit,o� l 'ennon from Ipri116, 2013 through April 18, 2016;and 1fTIERF-IS, IV Michael McCormick has represented his iommuni4 and the City by sensing as a Board Alember of lTunler7iuc area orgulTltiQtlollf 1lTilZldlllg the Sanitation DLstrias of Los_-Irlgeles County, Independent Cities_ lssociation, Eco-Rapid Transit (Jomer!} the Orarzgeline Development_-Iuthori�y), Southeast Cities School Coalition, and the Califonria Contrac7 Cities_-association;and I1'14ERF-IS, II t A1ichae!A1cCornrie;I also sen ed his community through his active participation in the Lis_ Irlgeles Area Boy Stouts o f_ meriia organifzatron for over 40 years;and 117HERE-IS, the economic health o f the City o f I 'enron and its people depends ' !aloe measure on the dedication, innovaliolns and steadfast commitment of leaders sud)as 11" Alkhael MoCornrick;and Ik' ERF IS, dunlTg 1Jrs IolTg and distinguished career w lh the City of I 'enron, 11" Alichael AlcCormiek has Tvorr the deepest respect of his colleagues IlJrough his leadership and eonfributions to the City;and I17HERE_-1S, the Mayor and the Cif- Council of the City of I enron, on behalf of-its employees, residents and businesses, wishes to commend and thank U7. Michael AlcC'ormick for his maryyears of service to the City and irlr7le mcvgnition of his contributions and achievements. NO It", THEREFORE, THE AL-1YOR--IND THE CITY COUNCIL OF THE CITY OF I'I:RNON, ON BF_H-IL OF ITS EAIPLOITES, RESIDENTS--1ND BUSINESSES HEREBY' COA MENDS IE A11CH11EL Al CORAIICK FOR HIS AL-I M'YE--1RS OF SERI 7CE TO THE Cln: THIS PROCL IAL-1TI0N IS BE LNG PRESENTED TO IV MICH_-IEL A1cCORMICK BY THE HONOPLIBLE AL-11 OR VILLL-IAI-J. I7-]I -IS FOR_.1ND ON'BEHALF OF THE CM- COUNCIL OF THE C77')' F I_T K'\'ON THIS 12-1-H D_-lY 01- JULY 111"0 THOUS-vx_-n D SIXTEEN. I1"ILLL-1A1 J. D_-I I IS, la. r 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 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. Page 2 of 8 Regular City Council Meeting Minutes April 19, 2016 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: Page 3 of 8 Regular City Council Meeting Minutes April 19, 2016 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 Page 4 of 8 Regular City Council Meeting Minutes April 19, 2016 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 Page 5 of 8 Regular City Council Meeting Minutes April 19, 2016 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 Hoffinan 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 Hoffinan 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. Page 6 of 8 Regular City Council Meeting Minutes April 19, 2016 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 41h; 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 121h 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, Page 7 of 8 Regular City Council Meeting Minutes April 19, 2016 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. CV 16-2405 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 Page 8 of 8 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 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 AB 118 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 Page 2 of 9 Regular City Council Meeting Minutes May 3, 2016 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 Page 3 of 9 Regular City Council Meeting Minutes May 3, 2016 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 Page 4 of 9 Regular City Council Meeting Minutes May 3, 2016 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 Representatives to Various Ageneies and/or Committees A. Find that approval of the proposed Reselu4ien updating they Cei Guidelines to the Califef'• Riwir-efimefital Qtiality tet /"('EQ n"l, beeau se it eenstittites an administr-ative aefivity; and even if the adoption of the proposed resell tion did E6nstit it weuld be exempt ffem CEQA in ^eE6f'Hte-e „with Seel o 15061(b)(3), the generalfine that G-EQ n tily plies t e is t>1�� may e-an effect on the envif!enmenl and B. Appoint Cetmeil Member-s as delegate(s) and altefna4e(s), as well as some key staff as either-delegate(s) and/or-altemate(s) to the following beafds of N, ies and/or-eemmittees s f ii,ws: 1. California ContraEtCities Assoeiatiom. p n4 ,a +e; s the ahem ate. the �n.-ar����� P eyietts -appeintmefi*� to Resolution No. 20- -22-. W.Nfieiue� MeGefmiek as the delegate; and Y--,�e4e Weedmff-Perez as the aftefnate. 2. Central Basin Water Assoeiatienr Appoint s the delegate; s the-alternate; and r-o the City of 7t--vn,4n9Q_ Ditrkeoetor_- of Ptiblie Works, Wa4er- and Development Sen iees, E)r-hiWh designee, to-also serve as the aiteFnate_-. D evietts appointment, ptff tiant to ReseltAieM '�z2015 222V«ie�iael MeCefmnek as delegate; WilliamAvis as the ndr-ea designee, to also sefve as the City's aftemate. Appoint William j. Davis as the pr-esiding offieer- of the City of Veme serve as the City's member- on the Board of Dkeetofs of Coiin4y Sanitati Distfic*'.1; an s the-altemate_-. C-Armneic-an the ;a;„ - ofEe as-clelegate; and Melissa v''a,.a as the a Appoint int WilliamAvis to serve-as-the r�delegate to the BeafDifeeter-s of Cetmty Sanitation Distr-iet No. 2; and as the d�f . Page 5 of 9 Regular City Council Meeting Minutes May 3, 2016 McGer-miek as the delegate; and William j. Davis as the-afte te. Appoint5. County Sanitation District No. 23. ettff€a 3eil (William j. Davis,Yvette W....d ff Pef:e��rT cr �crz Maftinez,Melissa Ybzcrrc,Znd and Lopez) to sefve as the Boaffl�f Previous appointments, put!sttant to Resolution No. 2015 22, appointed tl}e� Gity'-Gotmeil! W. Mieha€l MEGoi:miek, William j. Dm4s, buz N4a 4inez-,- Melissa , and Yvette Woodfuff Pefez. 6. Gateway Cities Council of Gover-nments. Appoint s the ''eleggate;and as the altemate. Previous appointments," 'ram" ntto Resolutlo �`i�rvo. 20-15-221 )AIilliam .D as the delegate Melissa vbar-,- s the altematet. Appoint* s the elega e an s tire-alternate D e ; N*„,ei33ur-sttantto Resolution No 2015-22: Will avi-S as delegate ieliu' Co neIc�st re lte>nat� Appoint8. independent Cities Assoeiation of Los Angeles County. s n s the altemate. Pfevious appointments, made g ant to ala* 2015 SAT. Miehael-McGoiqmiek as-the delegate; Yvette Wo,,dp ff Dom' a �L o altema4e. ppoint s the ,aelega e; and s the-alternate: Pfevious appointments, pursuant to Resolution '`r No. 2015 22: WNfie i-ael McEeigniek as the delegate; and Yvette W,,,,,afuff Perez s the lto,-.,. e Appoint10. League of California Cities-. as the delegate; and and as the 1 Pfv appointments, Resolution tie„ N 2015 �V�Mieli el'� cnt-te�cc�vicc rr�z -z u W. Eco Rapid Transit (foFmer-15, known as the Or-angeline Developme MeConmiek as the delegate; and William j. Davis and Melissa Ybaffa as t-- Appoint as the elegate-and as the-alternate Pi:eviotis appointments, -ptir-stiant to Resolution Ne. 2015 22 Blade to the orangeline Deg=elopmentArthoFity wefv: W. Miehael MsC-ofmiek asdelegate; and Melissa Ybaffa as the -tl}e • Appoint12. Paeffie Eleetrie Right of Way/ West Santa Ana Braneh Corridmr Alter-native Analysis. as the epfesentativeon-the Steering Committee; and aW DevelopmentS���s/h ghee,, tos�the eekknieal Pr-evious G11+, pttrs-ttant C-O Resolution fNo. 2015 22..Nfiethe 1"ael 7 and Difeetof of Publie 7 Development Sen4ee,or- his�her- designee,to serve on the TeehaiAppoint as the delega4e; and as the cal 13. Southeast Community Development C-OFpOFaflOH-. • Page 6 of 9 Regular City Council Meeting Minutes May 3, 2016 McCefmiek-as the delegate; and Melissa Ybaf..^ as the alto,-„^to 14. Southeast Water- Coalition7 Appoint„t the delegate; are as the altemate; and, r-eaffifm that said ppeiftedr—epr-eseftatives-�n^1�a1sA- be—the—City-Is representatives to attend board and eemmittee meetings held by the Replenishment Dirge+ of Southern CalifoFni , Centfalr Basin i u iieipal Water-Dist iet and the A„she-;tom. an ^ ether. ..,tef Felated meeting WL,; L, affeet the City of Vemoff, Previous appointments, ant to Resolution No. 2015 22: W.Miehkael MeGor-miek—as-the delegates d �x'� j. Davis as-the—altemate; ate reaffifmed that said appointed repf!esentatives shall also be the Ci ' repr�ei3iatiP s to attend board and eemmittee meetings heldby Replenishment Distr-iet of Southern Califomia, Centfal Basin Municipal Water-Distfiet and the Author-ity and any other-water- related meeting whieh .,ffeet the City of 70,-, eft 7. 15. Southern California Assoeiatien-of Government Appoint int s the delegate; and as the altercate: Pvio t t 1 t; 7 >\R 1, l � e�pe��eso�errP�le�S 2z?�� . �e McCofmiek-as the delegate; j. Davis as the—altemate. 16. VeFnon Solid Waste Hearing Panel. A rr ifA a to serve on the Hearing Pe� for-the T .. ^l Ef fo-eeme,.t Ageney for- Q ,1; 1 ULARto T1^..;lifies Previous appointmen4s,ptifst t-te Resolution No. 2015 22: Melissa Yb Bette-WeodfufPerez, and""��ez. G. Adopt a Resolution of the City Getineil of the City of Vemon designating a appointing its r-epf:esentatives and altemates to the beards of various ageneies and/of eotmn;tt^ Publie-ofneial Appointments, and potea^v ee with state laws an 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 Page 7 of 9 Regular City Council Meeting Minutes May 3, 2016 § 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. Page 8 of 9 Regular City Council Meeting Minutes May 3, 2016 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. CV 16-2405 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 Page 9 of 9 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 15 Oscar E. Zozaya Police Police Officer 15 Jesse L.Blue Vernon Gas&Electric Electric Operator 5 Yesenia Ramirez Public Works Sr. Administrative 5 Jared B. Dacey Vernon Gas & Electric I 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 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 Page 2 of 11 Regular City Council Meeting Minutes May 17, 2016 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 Page 3 of 11 Regular City Council Meeting Minutes May 17, 2016 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. Page 4 of 11 Regular City Council Meeting Minutes May 17, 2016 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 altemate(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. Page 5of11 Regular City Council Meeting Minutes May 17, 2016 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 Page 6of11 Regular City Council Meeting Minutes May 17, 2016 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. Page 7 of 1 l Regular City Council Meeting Minutes May 17, 2016 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. Page 8 of 11 Regular City Council Meeting Minutes May 17, 2016 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 Page 9 of 11 Regular City Council Meeting Minutes May 17, 2016 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 30t" 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. CV 16-2405 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. Page 10 of 11 Regular City Council Meeting Minutes May 17, 2016 William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk Page 11 of 11 r RECEIVED ' ' RECEIVED JlJN 2 S 2016 *�' ,�= CITY CLERK'S OFFICE JUN 2 7 2016 STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: June 27, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Warrant Register for City Council Agenda of July 12, 2016 It is recommended that the attached City Warrant Register No. 1451 be approved at the City Council meeting of July 12, 2016. City Warrant Register No. 1451 totals $985,326.86, and covers claims and demands presented during the period of June 14 through June 27, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1451: 1. Ratification of wire transfers totaling $472,469.90; 2. Ratification of the issuance of early checks totaling $449,991.29; and 3. Authorization to issue pending checks totaling $62,865.67. 4. Voided check No. 351494 totaling $18.40. � r•_ CITY OF VERNON ' WARRANT REGISTER NO. 1451 JULY 12 2016 'k+tr ixp'y .� I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: Void Checks: 351494 William Fox Finance Director Date: Printed 612712016 2:50 22PM Pape 2 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1033.520000 400.69 Supplies 052316(1) 1409 011.1033.570000 973.86 Supplies 052316(1) 1409 011.1031.596500 423.90 Lodging 052316(10) 1409 011 1031 596500 793.32 Lodging I Staff 052316(10) 1409 011.1031.520000 54.06 Lunch Meeting 052316(10) 1409 011,1031,596700 317.48 Registration I Staff 052316(10) 1409 011.1031.520000 28.94 Supplies 052316(10) 1409 011.1031,596700 9.20 Training I Staff 052316(10) 1409 011.1031.596200 104.00 LiveScan Services 052316(10) 1409 011.1031.596500 -218.20 Credit 052316(10) 1409 011.1003.596700 584.55 Lodging I Staff 052316(11) 1409 011.9019,520010 89.82 Supplies 052316(11) 1409 011 1003 596700 25.00 Airfare Charges 052316(11) 1409 011.1026.520000 208.42 Supplies 052316(12) 1409 011 1031 520000 291.93 Supplies 052316(13) 1409 011.1033.520000 311.34 Supplies 052316(14) 1409 011.1041.596600 267.24 Books& Publications 052316(15) 1409 011.1043.596600 132.00 Supplies 052316(15) 1409 011.1041.596700 80.00 Training I Staff 052316(15) 1409 011.1041 520000 546.15 Supplies 052316(16) 1409 011.1049.520000 1,094.03 Supplies 052316(17) 1409 011.1048.520000 43.46 Supplies 052316(17) 1409 011.1060.596700 126.00 Training 052316(18) 1409 Printed 6/2712016 2 50 22PM Paqe 3 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1060.596550 125.00 Certification Renewal I Staff 052316(18) 1409 011.1024.596500 225.27 Lodging 052316(19) 1409 011.1024.596500 225.00 Registration 052316(19) 1409 011.1024.596500 -225.00 Canceled Registration 052316(19) 1409 011.1033.510000 1,139.95 Office Furniture 052316(2) 1409 011.1033.520000 2,909.99 Supplies 052316(2) 1409 011.1024.596500 22552 Lodging 052316(20) 1409 011.1024.596500 23.52 Lunch 052316(20) 1409 011.1024.696500 60.00 Taxis/Parking 052316(20) 1409 011.1024.596500 -225.52 Refund- Canceled Lodging 052316(20) 1409 011.1033.596700 50.38 Lunch 052316(21) 1409 011.1033.570000 3,275.00 Supplies 052316(21) 1409 011.1033.596700 87.44 Taxis/Parking 052316(21) 1409 011.1033.596700 150.00 Airfare/Charges 052316(21) 1409 011.1033.570000 500.00 Vehicle Expense 052316(21) 1409 011.1049.520000 1,223.09 Supplies 052316(22) 1409 011.1046.520000 3,118.07 Supplies 052316(23) 1409 011.1049.520000 477.87 Supplies 052316(24) 1409 011.9019.520010 14.06 Computer Supplies 052316(25) 1409 011.9019.520010 15.85 Subscription 052316(25) 1409 011.9019.520010 250.12 Supplies 052316(25) 1409 011.9019.520010 85.88 Supplies 052316(25) 1409 011.9019.520010 242.96 Supplies 052316(25) 1409 Printed:61271201E 2:50:22PM Page 4 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 DULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.9019.520010 479.98 Supplies 052316(25) 1409 011.9019.520010 26.00 Supplies 052316(25) 1409 011.1002.596500 286.95 Lodging/Staff 052316(26) 1409 011.1001.596500 981.60 Lodging/Staff 052316(26) 1409 011 1002.596500 212.51 Lunch Meeting 052316(26) 1409 011.1002.596500 50.00 Registration/Staff 052316(26) 1409 011 1026.520000 7.90 Supplies 052316(27) 1409 011.1026.520000 1,515.09 Office Furniture 052316(28) 1409 011.1026.596700 307.64 EE Development&Training 052316(28) 1409 011.1048.590000 2,894.49 Hardware Supplies 052316(29) 1409 011.1048.590000 -162.40 Return 052316(29) 1409 011.1031.596700 350.00 Registration 052316(3) 1409 011.1031.550000 259.20 Supplies 052316(3) 1409 011.1049.520000 144.08 Supplies 052316(30) 1409 011.1031.570000 69.80 Fuel 052316(31) 1409 011.1033.520000 67.54 Supplies 052316(32) 1409 011.1043.520000 103.53 Supplies 052316(33) 1409 011.1031.570000 112.72 Fuel 052316(34) 1409 011.1043.520000 63.13 Supplies 052316(35) 1409 020.1084.520000 70.84 Supplies 052316(35) 1409 011.1043.520000 18.12 Lunch 052316(36) 1409 011.1024.596500 80.00 Taxis/Parking 052316(36) 1409 011.1046 520000 277.22 Supplies 052316(37) 1409 Printed 6127/2016 2:50:22PM Paqe 5 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1031 570000 47.54 Fuel 052316(38) 1409 011.1033.520000 161.32 Supplies 052316(39) 1409 011.1033.520000 1,125.72 Supplies 052316(4) 1409 011.1033.596700 104.00 LiveScan Services 052316(4) 1409 011.1026.596700 15.00 Training 052316(40) 1409 011.1031.570000 50.32 Fuel 052316(41) 1409 011.1043.520000 152.85 Supplies 052316(42) 1409 011.1048.596200 20.00 Supplies 052316(42) 1409 011.1036.560000 74.98 Subscription 052316(5) 1409 011.1004.520000 5.49 E-Filing Charges 052316(6) 1409 011.1024.596600 105.00 Registration/Staff 052316(7) 1409 011.1024.596700 200.00 Registration/Staff 052316(7) 1409 011.1024.596200 182.07 Courier Services 052316(7) 1409 011.1026.596200 80.98 Flowers 052316(8) 1409 011.1026.596700 169.50 LiveScan Services 052316(8) 1409 011,1026.596200 100.00 Professional Services 052316(8) 1409 011.1004.520000 17.42 Supplies 052316(9) 1409 06/21/2016 31,489.77 ICMA RETIREMENT TRUST 457 011210220 34.384.23 Deferred Compensation: Payment Ben190104 1410 06/23/2016 34,384.23 CALPERS 011.210240 401,863.51 PIERS Contributions: Payment Ben190106 1411 011 210240 241.80 PERS Survivor's Benefit: Payment Ben190106 1411 Printed:6/2712016 2:5022PM Page 6 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALPERS 011.210240 1,023.16 PERS Buy-back: Payment Ben190106 1411 011.1004.502020 -0.03 PERS Contributions:Adjustment Ben190106 1411 06/27/2016 403,128.44 CITY OF VERNON, FSA ACCOUNT 011.100013 496.31 FSA-Dependent: Payment Ben190112 1412 011.100013 223.07 FSA-Medical: Payment Ben190112 1412 06/23/2016 719.38 STATE DISBURSEMENT UNIT 011.210260 2,748.08 Child Support: Payment Ben190114 1413 06/27/2016 2,748.08 TOTAL WIRES S 472,469.90 Printed 6127/2016 2 50 22PM Pape 7 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT AEGIS ITS, INC 011.1043.590000 4,973.47 Rolling Report 07/15 15236 351473 011.1043.590000 11,224.81 Professional Services 11115 15840 351473 06/14/2016 16,198.28 ALTA PLANNING DESIGN 011.1043.596200 501.98 Professional Services 03116 20153574 351474 011.3043.596200 3,800.58 Professional Services 03/16 20153574 351474 06/14/2016 4,302.56 FRED MACFARLANE 011.1002.596200 13,000.00 Consulting Services 05116 060316 351475 06/14/2016 13.000.00 GRAINGER CO 020.1084.520000 577.28 Speakman Sprayhead Assembly, Yellow, 9097420922 011.0011541 351476 020.1084.520000 143.55 Speakman Sprayhead Assembly,Yellow, 9097420922 011.0011541 351476 020.1084.520000 413.24 Lamp Recycling Kit,24"X 22"X 22", 9097420922 011.0011541 351476 020.1084.520000 485.24 Lamp Recycling Kit,96"X 8"X 8", 9097420922 011.0011541 351476 020.1084.520000 29.46 Disposable Sleeve Apron,White XL, 9097420922 011,0011541 351476 020.1084.520000 148,40 Sales Tax 9097420922 351476 020.1084.520000 574.20 Speakman Sprayhead Assembly,Yellow, 9098534739 011.0011541 351476 020.1084.520000 51,68 Sales Tax 9098534739 351476 020.1084.520000 430.65 Speakman Sprayhead Assembly,Yellow, 9104827754 011.0011541 351476 020.1084.520000 38.76 Sales Tax 9104827754 351476 06/14/2016 2,892.46 HOME DEPOT CREDIT SERVICES 011.1049.520000 178.62 Hardware Supplies 051616_multiple 011 0010852 351477 06/14/2016 178.62 Printed 6/2712016 250 22PM Page 8 or 31 CITY OF VERNON WARRANT REGISTER NO. 1461 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT LB JOHNSON HARDWARE CO#1 011.1046.520000 159.32 Plumbing and building hardware- 053116_multiple 011.0010833 351478 011.1048.520000 87.95 Plumbing and building hardware- 053116_multiple 011.0010833 351478 011.1049.520000 406.81 Plumbing and building hardware- 053116_multiple 011.0010833 351478 011.120010 194.21 Plumbing and building hardware-- 053116_muhiple 011.0010833 351478 020.1084.520000 61.99 Plumbing and building hardware- 053116_multiple 011.0010833 351478 06/14/2016 910.28 MCMASTER CARR SUPPLY 011 1049.520000 291.03 Electrical and building supplies.- 050916_multiple 011.0010834 351479 COMPANY 06/14/2016 291.03 INC MDE 011.9019.590110 600.00 Hosted Maintenance Renewal with 6717 011.0011628 351480 Service 06/14/2016 600.00 INC MR SPEEDY PLUMBING 011.199999 5,000.00 Reimb Security Dep E-2016-0375 Rei000189838 351481 06/1412016 5,000.00 SAM BROWN SHIELDS 011,1033.520000 708.00 6"LA style Helmet Shield w/Firefighter 20401 011.0011527 351482 011.1033.520000 7.00 Freight 20401 011.0011527 351482 06/14/2016 715.00 LLC SOLOMON PAGE GROUP 011 1015 501010 858.00 Temp Services: A. Luu 434081 351483 06/14/2016 858.00 SULLY MILLER CONTRACTING CO 011 1043.900000 6,551.20 Slauson& Boyle Improvements 413288 351484 011.1043.900000 12.945.66 Slauson 8 Boyle Improvements 413288 351484 011.1043.900000 46,191.11 Slauson& Boyle Improvements 4132BB 351484 Printed 6127/2016 2 50:22PM Pape 9 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SULLY MILLER CONTRACTING CO 011.1043.900000 3,771.45 Slauson& Boyle Improvements 413288 351484 011.1043.900000 807.50 Slauson& Boyle Improvements 413288 351484 011.1043,900000 7,756.75 Slauson& Boyle Improvements 413288 351484 011.1043.900000 1,025.00 Slauson& Boyle Improvements 413288 351484 06/14/2016 79,048.67 STEPHANIE ACEVES 011.4031.596500 45.80 Dispatch Terrorism Awareness 052416 351485 06/16/2016 4580 LP DELL MARKETING 011.9019.520010 3,940.00 Inspiron 15 3000 Series(Intel(R))- XJSFN79J9 011.0011601 351486 011.9019.520010 40.00 Environmental Fee XJSFN79J9 011.0011601 351486 011.9019.520010 354.60 Sales Tax XJSFN79J9 351486 06/16/2016 4,334.60 DONALD H MAYNOR, ESQ 011.1004,595200 1,875.00 Period: Oct-Dec 2015 DHM7216 351487 06/16/2016 1,875.00 INC GEOSPATIAL TECHNOLOGIES 011.9019.590110 1.100.00 AMF items cover the following coverage 15868 011.0011629 351488 011.9019.590110 2,000.00 AMF-GST CrimeMap Mobile Site 15868 011.0011629 351488 License 011.9019.590110 1,600.00 AMF-CAD AVL Interface 15868 011.0011629 351488 06/16/2016 4,700.00 MSW CONSULTANTS 011.1061.595200 14,475.95 Professional Services 05/16 060816 351489 011.1061.595200 3,235.00 Professional Services 05/16 VRN1612 351489 06/16/2016 17,710.95 OFFICE DEPOT 011 1024.520000 165.22 Office Supplies-- 052616_multiple 011.0011610 351490 Pnnied:6127/2016 2:50 22PM Pape 10 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.1024.520000 14.87 Sales Tax 052616_multiple 351490 06/16/2016 180.09 NICHOLAS PEREZ 011.4031.596500 184.08 Sherman Block SLI Class 390 050916 351491 06/16/2016 184.08 INC PROMOSHOP 011.1026.600910 886.80 Flip Clip Pedometers 060716 351492 06/16/2016 886.80 RIO HONDO-VERNON ROTARY 011.1002 550000 250.00 10 Attendees 04/14/16 Luncheon 042016 351493 06/16/2016 250.00 SCS ENGINEERS 011.230230 5,000.00 Deposit Reimbursement 060816 351495 06/16/2016 5,000.00 LLC SOLOMON PAGE GROUP 011.1015.501010 1,144.00 Temp Services/A. Luu 435365 351496 06/16/2016 1,144.00 STAPLES ADVANTAGE 011.1040.520000 70.57 Office Supplies— 052116_multiple 011 0011594 351497 011.1041.520000 138.00 Office Supplies— 052116_multiple 011.0011594 351497 011.1043.520000 228.04 Office Supplies-- 052116_multiple 011 0011594 351497 020.1084.520000 1219 Office Supplies— 052116_multiple D11.0011594 351497 011.1040.520000 6.35 Sales Tax 052116_multiple 351497 011.1041,520000 12.42 Sales Tax 052116_mulliple 351497 011.1043.520000 20,52 Sales Tax 052116_multiple 351497 020.1084.520000 1.09 Sales Tax 052116_multiple 351497 011.120010 147.78 Office Supplies— 3303145156 011.0011595 351497 Printed:6/27/2016 2;50:22PM Page 11 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STAPLES ADVANTAGE 011.120010 13.30 Sales Tax 3303145156 351497 06/16/2016 650.26 ANA SWINFORD 011.4031.596500 45.80 Dispatch Terrorism Awareness 052416 351498 06/16/2016 45.80 FERNANDO VALENZUELA 011.4031.596500 70.54 Crisis Intervention First Responders 041816 351499 06/16/2016 70.54 LUIS VASQUEZ 011.4031.596500 70.54 Crisis Intervention First Responders 032816 351500 06/16/2016 70.54 RICHARD VELASQUEZ 011.4031.596500 70.54 Crisis Intervention First Responders 032816 351501 O6/16/2016 70.54 AFLAC 011.210223 12,761.78 Supplemental Ins-May 061516 351502 O6/21/2016 12,761.78 COLONIAL LIFE 011.210223 8,129.76 Supplemental ins-April 7713647-0501755 351503 06/21/2016 8,129.76 FERGUSON ENTERPRISES INC 011,120010 678.19 3069-544 10"X 6"SS Tapping Sleeve 546871 011.0011433 351504 01083 011.120010 1,361.89 3069-564 10"X 10"SS Tapping Sleeve 546871 011.0011433 3511504 011.120010 759.49 3069-584 12"X 6"SS Tapping Sleeve 546871 011.0011433 351504 011.120010 251.96 Sales Tax 546871 351504 011.120010 888.37 3069-554 10"X 8"SS Tapping Sleeve 5468711 011.0011433 351504 011.120010 79.95 Sales Tax 5468711 351504 Printed 6127/2016 2'50 22PM Page 12 or 31 CITY OF VERNON WARRANT REGISTER NO. 1451 J U LY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 06/21/2016 4,019.85 HOME DEPOT CREDIT SERVICES 011 1033.520000 382.78 Small tools& plumbing hardware- 053116_multiple(2) 011.0010851 351505 06/21/2016 38278 LN CURTIS& SONS 011.1033.540000 6,450.00 Part No. K2754G Glo Custom Yel Adv 27908 011.00l1431 351506 011.1033.540000 4,014.00 Part No. M2754G Glo Custom 27908 011,0011431 351506 011.1033.540000 941.76 Sales Tax 27908 351506 06/21/2016 11.405.76 PURE WATER SCIENCE, LLC 011.1049.520000 2,426.34 Water System Rental 89229 351507 06/21/2016 2.426.34 SO CAL EDISON 011.1043.560000 39.07 Period: 04/29-05131 060116 351508 06/21/2016 39.07 INC TESTAMERICA 020.1084.596200 78.00 Routine Bacti Samples 44214462 351509 LABORATORIES 06/21/2016 78.00 UPS 011.1041.520000 25.00 Period: 06/16 933312236 351510 011.1041.520000 53.88 Period: 06/16 933312246 351510 06/21/2016 7888 INC 2 FA 011.9019.520010 780.00 2FA-300-01— S 12021 011.0011591 351511 011.9019.520010 4,158.00 R DR-102-01•- S 12021 011.0011591 351511 0119019.520010 20.00 Freight S12021 011.0011591 351511 06/23/2016 4,968.00 Printed 6127/2016 2 50 22PM Pape 13 or 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,O_# ISSUED NUMBER AMOUNT STEPHANIE ACEVES 011.4031.596700 9.20 Dispatch Terrorism Awareness 052416(3) 351512 06/23/2016 9.20 INC ANGEL CITY DATA 011.9019.590110 50.00 ANGEL CITY DATA, LLC will provide 13754 011.0011240 351513 011 9019 590110 100.00 ANGEL CITY DATA, LLC will provide 14015 011.0011240 351513 011.9019.590110 50.00 ANGEL CITY DATA, LLC will provide 14157 011,0011240 351513 06/23/2016 200.00 SANDRA D BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben190098 351514 06/23/2016 2,00000 CITY OF DOWNEY FIRE DEPT. 011.1036.596200 170,875.62 Fire JPCC Operations 230014.230020 351515 06/23/2016 170,875.62 INC CROSSPOINT NETWORK 011.9019.520010 1,260.60 Red Emergency Outdoor Weather 12917 011.0011574 351516 SOLUTIO Resistant 011.9019.520010 726.00 Red Emergency 2554 Wall Phone with 12917 011 0011574 351516 011.9019 520010 237.00 Cisco SPA112 IP Converter 12917 011 0011574 351516 011.9019.520010 360.00 Mitel Enterprise Device/User License 12917 011.0011574 351516 011.9019.520010 175.00 Configuration 12917 011.0011574 351516 011.9019.520010 150.00 Configuration 12917 011.0011574 351516 011.9019.520010 113.45 Sales Tax 12917 351516 011.9019.520010 119.07 Sales Tax 12917 351516 06/23/2016 3,141.12 MICHAEL DEFRANK 020.1084.596700 60.00 VFD's&Rehab Seminar 062016 351517 06/23/2016 60.00 Printed:6/27/2016 2:50 22PM Paqe 14 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT IGNACIO ESTRADA III 011 4031.596500 12 42 Force Options Simulator 051616 351518 06/23/2016 12.42 FRANCHISE TAX BOARD 011 210260 180.00 Garnishment: Payment Ben190102 351519 06/23/2016 180.00 HOME DEPOT CREDIT SERVICES 011.1033.520000 1.68187 Hardware Supplies 1973741 351520 011.1048.520000 44908 Hardware Supplies 3260244 351520 06/23/2016 2,130.95 INSIGHT PUBLIC SECTOR, INC 011.9019.860000 10,899.36 COV-DELL POWEREDGE R730 1100472376 011.0011522 351521 SERVER 011 9019,860000 8,083.12 COV-DELL 2XPOWEREDGE R630 1100472376 011.0011522 351521 SERVER 011.9019.860000 1,958.60 COV-DELL2XNETWORKING N2024,— 1100472376 011.0011522 351521 011.9019,860000 1,884.70 Sales Tax 1100472376 351521 011.9019.860000 15,952.58 COV-DELL SCV2020 ISCSI (210-ADRU) 1100473013 011.0011522 351521 011.9019.860000 1,435.73 Sales Tax 1100473013 351521 06/23/2016 40,214 09 MONOPRICE INC 011.9019.520010 548.13 HDMI Extender Using Cat5e or CAT6 14401286 011.0011636 351522 Cable 011.9019.520010 699 Freight 14401286 011.0011636 351522 011.9019.520010 41.11 Sales 7.5 14401286 351522 011.9019.520010 0.52 Sales 7.5 14401286 351522 06/23/2016 596.75 Printed 6127/2016 2 50 22PM Paqe 15 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC MTM TECHNOLOGIES 057.1057.860000 4,977.62 CON-C4P-RNWL- N1031467 057.0000063 351523 06/23/2016 4.977.62 OFFICE DEPOT 011.1031.520000 788.58 Office Supplies, Order#839390526 052316_multiple 011.0011596 351524 011.1031,520000 70.98 Sales Tax 052316_multiple 351524 06/23/2016 859.56 MARTIN SANCHEZ 011.1043.596700 120.00 Lic Renewal/Water Distribution 062016 351525 06/23/2016 120.00 LLC SOLOMON PAGE GROUP 011.1015.501010 858.00 Temp Services/A. Luu 436398 351526 06/23/2016 858.00 ANA SWINFORD 011.4031.596700 9.20 Dispatch Terrorism Awareness 052416(2) 351527 06/23/2016 9.20 TEAMSTERS LOCAL 911 011.210250 2,325.00 Teamsters Local 911 Dues: Payment Ben190092 351528 06/23/2016 2,325.00 TRAFFIC SAFETY CORP 011 1043.900000 4,260.00 Purchase of two(2) LED Flashing signs. 54316 011.0011513 351529 011 1043.900000 383.40 Sales Tax 54316 351529 06/23/2016 4,643.40 INC TRAINING INNOVATIONS 011,9019.590110 750.00 TMS Software Support Subscription for 15046 011.0011627 351530 06/23/2016 750.00 INC TYLER TECHNOLOGIES 011.9019.595210 2,750.00 Tyler Report Creation- 45157116 011.0011279 351531 06/23/2016 2,750.00 Printed:6/2712016 2 50 22PM Page 16 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UPS 011 1041.520000 44.98 Period: 06/16 933312256 351532 06/23/2016 44.98 VERNON FIREMENS ASSOCIATION 011 210250 3,415.00 Fire House Fund: Payment Ben190100 351533 06/23/2016 3,415.00 BENEFIT ASSOCIATION VERNON 011.210250 1,837.75 Police Association Member Dues: Ben190096 351534 POL Payment 06/23/2016 1,837.75 VERNON SANITATION SUPPLY CO 011.120010 102.60 0320-200 Carlisle Flo-Pac Truck Wash 2524000 011.0011581 351535 011.120010 36.30 0515-150 DART#8J8,8 oz. foam cups, 2524000 011.0011581 351535 011.120010 113.90 0515-155 Paper Hot Cup,White, 16 oz., 2524000 011.0011581 351535 011.120010 81.70 0515-490 SUPREME, 5"X 36", Cotton 2524000 011.0011581 351535 011.120010 315.00 0578-200 Joy Liquid Dish Soap, 8-32 2524000 011.0011581 351535 011.120010 467.70 0578-580 Palmolive#04930 Dish Liquid 2524000 011.0011581 351535 011.120010 243.60 0578-590 Dial Instant Hand Sanitizer, 2524000 011.0011581 351535 011.120010 122.47 Sales Tax 2524000 351535 011.120010 68.40 0320-200 Carlisle Flo-Pac Truck Wash 25240A0 011.0011581 351535 011.120010 852.00 0578-400 Tide Liquid Laundry Detergent 25240A0 011.0011581 351535 011,120010 82.84 Sales Tax 25240A0 351535 06/23/2016 2,486.51 TOTAL EARLY CHECKS $ 449,991.29 Printed 6/27/2016 2 50:22PM Pape 17 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC ADLERHORST 011.1031.596700 158.34 K-9 TRAINING_ 71691 011.001081 B 351536 INTERNATIONAL 158.34 INC ADVANCED ELECTRONICS 011 1033.596200 523.32 Equipment 80001485 351537 011.1036.590000 196.22 Equipment 80001485 351537 011.1033.596200 109.30 Equipment 80001488 351537 011.1036.590000 40.98 Equipment 80001488 351537 869.82 AICPA 011.1004.596700 249.35 Accounting/Auditing Workshop 61457204 351538 249.35 ALL CITY MANAGEMENT 011.1031.594200 927.18 Crossing Guard Services 43961 351539 SERVICES, 927.18 AT&T NATIONAL COMPLIANCE 011.1031.594200 600.00 Tracking Services 216485 351540 CNTR 600.00 MARIA AYALA 011.1003.596500 273.50 IIMC Annual Conference 060116 351541 273.50 LLP BEST BEST& KRIEGER 011.1024.593200 199.75 Labor&Employment 773145 351542 011.1024.593200 5,735.00 Telecommunications 773147 351542 5,934,75 BRENNTAG PACIFIC, INC 020 1084.500140 547.54 Supplies BPI622295 351543 Pnnted:6/2712015 2:50:22PM Pane 18 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.OA NUMBER AMOUNT BRENNTAG PACIFIC, INC 020.1084.500140 -260.00 Credit Memo BP1622295 351543 020.1084.500140 1,392.95 Supplies BP1623022 351543 020.1084.500140 503.15 Supplies BP1626208 351543 2,183.64 GREGORY BRINGHURST 011.1033.502030 75.00 Vision Benefits: Child 061316 351544 75.00 AARON CASS 011.1026.596800 467.60 Tuition Reimbursement 063016 351545 467.60 CALPORTLAND COMPANY 020.1084.520000 857.01 Supplies 92839643 351546 011.1043.520000 606.42 Supplies 92839644 351546 1,463.43 CENTRAL FORD 011.1046.520000 204.13 5W7Z-9D475-AA EGR valve with 279271 011.0011618 351547 solenoid 011.1046.520000 20.41 Sales Tax 10.00 279271 351547 224.54 CRAIG WELDING SUPPLY CO 011.1043.520000 214.49 Welding supplies— 051816_multiple 011.0010828 351548 011.1047.520000 352.34 Welding supplies— 051816_multiple 011.0010828 351548 566.83 DANGELO CO 011.120010 64.43 Water parts-- S1275103002 011,0010830 351549 011.120010 403.44 Water parts— S1277505001 011.0010830 351649 011.120010 151.61 Water parts— S1277580001 011.0010830 351549 Printed:6/2712016 2 50:22PM Paqe 19 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O_# NUMBER AMOUNT 619.48 DONALD H MAYNOR, ESQ 011.1004.595200 1,875.00 UUT Services 04/-06116 DHM7425 351550 1,875.00 EAGLE RADIATOR SERVICE 011.1046.590000 125.00 Labor only to boil and repair radiator 060116 011.0011615 351551 125.00 INC EASTERN GROUP 011 1043.550000 137.50 Americans with Disabilities Act 44213 351552 PUBLICATIONS 137.50 FIRE APPARATUS SOLUTIONS 011.1033.570000 1,144.25 Repairs 10252 351553 011.1033.570000 377.94 Repairs 10253 351553 011.1033.570000 451.72 Repairs 10254 351553 011.1033.570000 277.96 Repairs 10255 351553 011.1033.570000 88.39 Repairs 10256 351553 2,340.26 INC FLEMING ENVIRONMENTAL 011 1049.590000 475.00 Monthly Inspections 11553 351554 475.00 STEVEN FROBERG 011.1048.596200 100.00 Vernon Housing Commission:6/8/16 060816 351555 100.00 HECTOR GARCIA 011.1048.596200 100.00 Vernon Housing Commission; 6/8116 060816 351556 100.00 MICHAEL J GAVINA 011.1021.596200 100.00 Community Fund Mtg: 06/14/16 061416 351557 Printed:6/2V2016 2:W22PM Page 20 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 10000 INC GE MOBILE WATER 011.1033.520000 113.36 Supplies 98244481 351558 0111033.520000 120.03 Supplies 98244518 351558 011.1033.520000 98.88 Supplies& Maintenance 98265934 351558 011.1033.520000 90.16 Supplies 98266296 351558 011.1033.520000 90.16 Supplies 98266626 351558 512.59 GRAINGER CO 011.1049 520000 536.45 Building Hardware— 9102334076 011.0010831 351559 53645 H&H WHOLESALE PARTS 011.1046.520000 145.44 ACD 10-9039 dexos motor oil 5w30 1 INO094830 011.0011588 351560 011 1046.520000 13.09 Sales Tax 1 INO094830 351560 158.53 HANSON AGGREGATES INC. 011 1043.520000 608.46 WIC Sand 1679529 351561 608.46 INC HAULAWAY RUBBISH 011.1048.596200 61.00 Hauling Services 65XO0028 351562 SERVICE 011.1049.596200 207.00 Hauling Services 65XO0029 351562 011.1033.520000 61.00 Hauling Services 65XO0030 351562 011 1033.520000 61.00 Hauling Services 65XO0031 351562 011.1033.520000 61.00 Hauling Services 65XO0032 351562 011.1033.520000 61.00 Hauling Services 65X00033 351562 011.1043.596200 543.66 Hauling Services 65XO0036 351562 Printed 6/27/2016 2 50:22PM Pape 21 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 1,055.66 HSA BANK 020.1084.502030 1,250.00 New Hire Benefits Eff 06/01/16 060716 351563 1,250.00 HUNTINGTON PARK RUBBER 011.1001.520000 13.20 NAME PLATE 2X10"— RGC2400 011.0011551 351564 STAMP 011.1001.520000 1.19 Sales Tax RGC2400 351564 14.39 INC IGOE &COMPANY 011.1026.594200 200.00 Administrative Fees 146125 351565 200.00 INVESTIGATIVE POLYGRAPH SVC 011.1033.596200 341.25 Background check T.Talavera 182 351566 011.1031.596200 840 00 Background 8 Polygraph 1 K Galan 183 351566 1,181.25 LINDA JOHNSON 011.1061.596500 41.74 Enforcement Advisory Council 060916 351567 41.74 LLC JSB FIRE PROTECTION 011.1033.595200 3,142.00 Professional Services 16205 351568 3,142.00 JOHN KRISTE 011.1048.596200 100.00 Vernon Housing Commission: 6/8/16 060816 351569 100.00 LA AREA FIRE CHIEFS ASSOC 011.1033.596700 1,000.00 Member Dues 060916 351570 1,000.00 Printed'6/2712016 2 50 22PM Pape 22 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT LA POOL GUYS 011.1049.590000 194.00 Maintenance Services 38667 351571 194.00 INC LANGUAGE LINE SERVICES 011.1031.594200 68.82 Interpretation Services 3832525 351572 68.82 BRIAN LINNERT 020.1084.502030 225.00 Vision Benefits 060616 351573 225.00 LN CURTIS&SONS 011.1033.520000 304.49 Supplies 25478 351574 304.49 INC LONG BEACH BMW 011.1031.570000 48.64 Motorcycle Maintenance-- 143981 011.0010822 351575 MOTORCYCLES 011.1031.570000 98.04 Motorcycle Maintenance- 144382 011 0010822 351575 146.68 LOPEZ& LOPEZ TIRE SERVICE 011.1046.520000 244.46 700-12 front tires 14353 011.0011614 351576 011.1046.520000 184.24 600-9 rear tires 14353 011.0011614 351576 011.1046.520000 31.64 70OX12 front tubes 14353 011.0011614 351576 011.1046.520000 24.42 600X9 rear tubes 14353 011 0011614 351576 011.1046.590000 35.00 Labor for service call 14353 011.0011614 351576 011 1046.590000 7.00 State tire fee 14353 011.0011614 351576 011.1046.590000 60.00 Labor to dismount and mount tires 14353 011.0011614 351576 011.1046.520000 43.63 Sales Tax 14353 351576 630.39 MARTIN &CHAPMAN COMPANY 011 1003.596300 5,069.16 Election 04/12/16 2016272 351577 Pnnted:6127/2016 2 50:22PM Page 23 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_OA NUMBER AMOUNT 5,069.16 MUNISERVICES, LLC 011.1004.595200 1,875.00 UUT Fixed Fee 04-06116 41960 351578 1,875.00 INC. NATIONAL SIGNAL 011,1046.520000 55.00 2165966 10'*swivel tongue jack 23765 011.0011584 351579 011.1046.590000 15.98 Freight 23765 011.0011584 351579 011.1046.520000 4.96 Sales Tax 23765 351579 7594 UPHOLSTERY NICK ALEXANDER 011.1046.520000 45.00 Material to repair headliner and sun 3239 011.0011619 351580 REST 011.1046.590000 85.00 Labor to repair headliner and sun visors 3239 011.0011619 351580 011.1046.520000 4.05 Sales Tax 3239 351580 134.05 INC PACIFIC COMMERCIAL TRUCK 011.1046.590000 325.00 Labor only to install metal basket on 21387 011.0011587 351581 B 325.00 PETCO ANIMAL SUPPLIES INC 011.1031.520000 90.49 CANINE PET FOOD AND SUPPLIES- OA068027, 011.0010821 351582 OA068028 90.49 PHYSIO-CONTROL, INC., 011.1033.520000 1,419.61 Supplies 116111995 351583 1,419.61 LEWIS POZZEBON 011.1060.596500 583.20 Mileage 060716 351584 583.20 Printed 6127/2016 2 50 22PM Page 24 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC RICHARD P GUESS MD 011.1033.596200 750.00 Medical Director Fees 060116 351585 750.00 ROBERTSON'S 011.1043.520000 411.34 Supplies 783503 351586 411.34 ANTHONY ROTELL 011.1033.596700 200.00 Reimb Paramedic License Renewal 060916 351587 20000 RUSH TRUCK CENTER OF 011.1046,520000 589.95 19-1976 mother board 1 transfer switch 3002842013 011 0011590 351588 WHITTIER 011.1046.590000 30.00 Labor to set up computer 3002842013 011.0011590 351588 011,1046.590000 1,320.00 Labor to diagnose and repair 3002842013 011 0011590 351588 011.1046.520000 53.10 Sales Tax 3002842013 351588 1,993.05 SANTA FE BUILDING 011.1049.590000 6,368.00 Janitorial Services 14928 351589 MAINTENANCE 6,368.00 SC FUELS 020.1084.520000 2,706.00 GST Oil IOS, 32 55G, 615923 011.0011633 351590 #CH253026981 D055 020.1084.520000 -45.00 Return Drum,#MSRTNDRMC001. 615923 011.0011633 351590 020.1084.520000 75.00 Drum Deposit Fee 615923 011.0011633 351590 020.1084.520000 9.92 Fuel Surcharge,#FUELCH. 615923 011.0011633 351590 020.1084.520000 12.95 Regulatory Compliance Fee,#RCF. 615923 011.0011633 351590 020.1084.520000 245.60 Sales Tax 615923 351590 Printed 6127/2016 2'5022PM Pape 25 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 3,004,47 SILVA'S PRINTING NETWORK 011 1001.520000 64.00 1 Box of 1,000 Business Cards for 26151 011.0011552 351591 011,1001.520000 64.00 1 Box of 1,000 Business Cards for 26151 011.0011552 351591 011.1001.520000 64.00 1 Box of 1,000 Business Cards for 26151 011.0011552 351591 011.1001.520000 17.29 Sales Tax 26151 351591 209.28 INC SO CAL LAND MAINTENANCE 011.1049.590000 2,685.00 Maintenance 5148 351592 2,685.00 SUPERIOR CT OF CAL OF LA 011.1031,594200 225.00 Parking Citations 04/16 052516 351593 225.00 INC TESTAMERICA 020 1084.596200 9750 Routine Bacti Samples 44230690 351594 LABORATORIES 020 1084 596200 45.50 Source Samples 44230691 351594 020,1084 596200 45.50 Source Samples 44230947 351594 020.1084 596200 97.50 Routine Bacti Samples 44230950 351594 020.1084 596200 105.00 Gen Phy's Samples 44231202 351594 020.1084.596200 39.00 Source Samples 44231543 351594 020.1084.596200 97.50 Routine Bacti Samples 44231544 351594 020.1084.596200 782.50 Stage 2 1 st Q1r 2016 THM/HAA 44231708 351594 020.1084.596200 39.00 Source Samples 44232205 351594 020 1084.596200 97.50 Routine Bach Samples 44232207 351594 020,1084,596200 97.50 Routine Bacti Samples 44232880 351594 Printed 6/27/2016 2:50 22PM Page 26 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC TESTAMERICA 020.1084.596200 39.00 Source Samples 44232882 351594 LABORATORIES 020.1084 596200 6 50 Source Samples 44232884 351594 1,589.50 THOMSON REUTERS-WEST 011.4031.520000 1,020.82 Information Charges 834120483 351595 1,02082 UNDERGROUND SERVICE ALERT 020.1084.596200 130.50 New Ticket Charges 520160784(2) 351596 130.50 UNIFIRST CORPORATION 011.1043.540000 79.75 Uniforms 3241785249 351597 011.1046.540000 18.45 Uniforms 3241785249 351597 011.1047,540000 9.81 Uniforms 3241785249 351597 011.1049.540000 81.95 Uniforms 3241785249 351597 020.1084.540000 33.48 Uniforms 3241785249 351597 011.1049.540000 -66.47 Adjustments 3241785249 351597 011.1043.540000 50.05 Uniforms 3241787752 351597 011.1046.540000 18.45 Uniforms 3241787752 351597 011.1047.540000 9.81 Uniforms 3241787752 351597 011.1049.540000 81.95 Uniforms 3241787752 351597 020.1084.540000 33.48 Uniforms 3241787752 351597 011.1049.540000 -66.47 Adjustments 3241787752 351597 011.1043.540000 126.85 Uniforms 3241790265 351597 011.1046.540000 18.45 Uniforms 3241790265 351597 011.1047.540000 9.81 Uniforms 3241790265 351597 Printed 6/27/2016 2 50,22PM Page 27 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT UNIFIRST CORPORATION 011.1049.540000 81.95 Uniforms 3241790265 351597 020.1084.540000 3348 Uniforms 3241790265 351597 011.1043.540000 -35.26 Adjustment 3241790265 351597 011.1043.540000 49.17 Uniforms 3241792787 351597 011.1046.540000 18.45 Uniforms 3241792787 351597 011.1047.540000 31 37 Uniforms 3241792787 351597 011.1049.540000 5332 Uniforms 3241792787 351597 020.1084.540000 33.48 Uniforms 3241792787 351597 011.1043.540000 4456 Uniforms 3241795285 351597 011.1046.540000 18.45 Uniforms 3241795285 351597 011.1047.540000 981 Uniforms 3241795285 351597 011.1049.540000 20.97 Uniforms 3241795285 351597 020.1084.590000 3636 Uniforms 3241795285 351597 835.46 PC US HEALTHWORKS MEDICAL 011.1026.597000 76.00 Medical Services 2917114CA 351598 GROU 011.1026.597000 109.00 Medical Services 2920885CA 351598 011.1026.597000 33.00 Medical Services 2924478CA 351598 218.00 USC FOUNDATION 011.1060.596550 120.00 Membership L. Ongyiu 13658 351599 120.00 VISTA PAINT CORPORATION 011.1049.520000 275.40 Carefree semi-gloss P base, D.E. Swiss 201683028800 011.0011634 351600 011.1049.520000 70.00 Spray repair labor,#459999999. 201683028800 011.0011634 351600 Printed:6/27/2016 ZM22PM Page 28 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT VISTA PAINT CORPORATION 011.1049.520000 3.20 PaintCare fee, 2 @$1.60 ea. 201683028800 011 0011634 351600 011.1049.520000 25.07 Sales Tax 201683028800 351600 373.67 CALMAT CO. 020 1084 520000 469.50 Concrete Paving Material- 71131625 011 0011086 351601 469.50 INC W.I.S.E. 011.1046.520000 120.29 BV-MPV5 multi-purpose vise 113114901 011.0011567 351602 011.1046.520000 55.00 Freight 113114901 011.0011567 351602 011.1046.520000 10.83 Sales Tax 113114901 351602 186.12 WESTERN TRUCK EXCHANGE 011.1046.520000 24.13 driver's side windshield wiper arm- 565053 011 0011589 351603 011.1046.520000 2.17 Sales Tax 565053 351603 26.30 WILLIAMS DATA MANAGEMENT 011.1003.596200 1,189.58 Storage Services 366308 351604 1,189.5E OSCAR ZOZAYA 011.1031.502030 50.96 Vision Benefits 060916 351605 50.96 TOTAL PRINTED CHECKS $ 62,865.67 Printed W2712016 2:50 22PM Page 29 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL S 472,399.06 $ 441,907.94 $ 52,985.77 $ 967,292.77 020-WATER 70.84 3,105.73 9,879.90 13,056.47 057- FIBER OPTIC 0.00 4,977.62 0.00 4,977.62 GRAND TOTAL 472,469.90 $ 449,991.29 62,865.67 $ 985,326.86 TOTAL CHECKS TO BE PRINTED 70 Pr rftd:W271'016 2.50.22PIA Page 30 of 31 CITY OF VERNON WARRANT REGISTER NO. 1451 JULY 12, 2016 VOID LIST CHECK NUMBER VENDOR NAME AMOUNT 351494 RIO HONDO COLLEGE 1840 Prinled.WW2016 2 50-22PM Page 31 of 31 REC-F =D JUN 2 S L06 ' RECEIVED CITY CLEWS OFFICE .IUN 2 7 2016 STAFF REPORT CITY ADMINISTRATION FINANCEITREASURY DEPARTMENT DATE: June 27, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Directorkv RE: Light & Power Warrant Register for City Council Agenda of July 12, 2016 It is recommended that the attached Light & Power Warrant Register No. 416 be approved at the City Council meeting of July 12, 2016. Light & Power Warrant Register No. 416 totals $6,346,869.12, and covers claims and demands presented during the period of June 14 through June 27, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 416: 1. Ratification of wire transfers totaling $6,228,891.79, 2. Ratification of the issuance of early checks totaling $112,200.18; and 3. Authorization to issue pending checks totaling $5,777.15. F*V is 1T LIGHT & POWER ' WARRANT REGISTER NO. 416 JULY 12, 2016 * f r y hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed 6/27/2016 1:23:07PM Paqe 2 of 12 LIGHT& POWER WARRANT REGISTER NO. 416 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -136,182.66 Initial Charges 06/16 201606073132600 6114 663 055.9200.500190 -528.92 Initial Charges 06116 201606073132600 6114 663 055.9200.500170 2,197.36 Initial Charges 06116 201606073132600 6114 663 055.9200.500210 11,520.85 Initial Charges 06/16 201606073132600 6114 663 055.9200.500150 8.96 Recalc Charges 06/13 201606073132600 6114 663 055,9200.500170 -0.01 Recalc Charges 06/13 201606073132600 6114 663 055.9200.500150 -227,697.71 Initial Charges 05/16 201606073132600 6114 663 055.9200.500190 -6,718.73 Initial Charges 05/16 201606073132600 6114 663 055.9200.500170 1,083,682.44 Initial Charges 05/16 201606073132600 6114 663 055.9200.500210 11,953.68 Initial Charges 05/16 201606073132600 6114 663 055.9200.500240 3,014.86 Initial Charges 05116 201606073132600 6114 663 055.9200.500150 16.15 Recalc Charges 05/13 201606073132600 6114 663 055.9200.500150 -9,340.05 Recalc Charges 05/16 201606073132600 6114 663 055.9200.500190 -162.57 Recalc Charges 05/16 201606073132600 6114 663 055.9200,500210 -55.70 Recalc Charges 05/16 201606073132600 6114 663 Printed.6/2712016 1-23:07PM Paqe 3 o1 12 LIGHT S POWER WARRANT REGISTER NO. 416 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,OX ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500170 586.97 Recalc Charges 05116 201606073132600 6114 663 055.9200.500150 -4,114.55 Recalc Charges 08116 201606073132600 6114 663 055.9200.500170 631.15 Recalc Charges 08/16 201606073132600 6114 663 055.9200.500190 103.58 Recalc Charges 08/16 201606073132600 6114 663 06/14/2016 728,915.10 INC PETRELLI ELECTRIC 055.200400 530,190,77 Electric Service Maintenance 160489 6115 055.200400 838,031.62 Electric Service Maintenance 160490 6115 06/16/2016 1,368,222.39 LLC BICENT(CALIFORNIA) 055.9200.500150 -20,472.73 Energy Price Difference CFD5201601 6116 HOOVER 055.9200.500180 236.567.65 Capacity Price Difference CFD5201601 6116 055.9200.500180 44,053.89 Uprating Credit CFD5201601 6116 055.9200.500150 -7,331.40 CES Casts CFD5201601 6116 06/17/2016 252,817.41 LLC BICENT(CALIFORNIA) 055.9200,500150 344,348.07 Energy Charge 05201601 6117 MALBUR 055.9200.500180 2,067,727.20 Capacity Charge 05201601 6117 055.9200.500150 -164.29 Fuel Burden 05201601 6117 06/17/2016 2,411,910.98 LLC NEXTERA ENERGY POWER 055.9200.500150 434.077.65 Energy Purchase 320254 6118 MARKE Printed:6/2712016 1:23707PM Pape 4 of 12 LIGHT& POWER WARRANT REGISTER NO.416 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 06/20/2016 434,077,65 LLC BIOFUEL GENERATION 055 9200.500162 10,892.00 Biomethane RPS52016 6119 SERVICE 06/21/2016 10,892.00 INC ENERGY UNLIMITED 055.9200.500150 121,212.11 Energy Purchase Vernon0002 6120 06/21/2016 121,212.11 US BANK CORPORATE 055.8100.596700 160.95 Lunch 052316(43) 6121 055 9000.520000 54.49 Supplies 052316(43) 6121 055.8100.596700 154.70 Training 052316(43) 6121 055 9200.596200 200.00 Subscription 052316(44) 6121 055.9000.520000 325.84 Supplies 052316(44) 6121 055.9000.520000 58.86 Supplies 052316(45) 6121 055.8400.590000 848.61 Supplies 052316(45) 6121 055.9000.596500 9.30 Taxis& Parking 052316(45) 6121 055.9000.596700 -30.20 Credit 052316(45) 6121 055.9000.596500 204.34 Travel Charges 052316(45) 6121 06/21/2016 1,986.89 US DEPARTMENT OF ENERGY 055.9200.500150 29,945.23 Energy Purchase GG1766AO516 6122 055.9200.500180 27,319.63 Energy Purchase GG1766AO516 6122 055.151000 -44,053.89 Energy Purchase GG1766AO516 6122 06/21/2016 13,210.97 Printed 6127/2016 1:23 07PM Paqe 5 of 12 LIGHT& POWER WARRANT REGISTER NO.416 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DEPARTMENT OF WATER a 055.9200.500170 21,870.00 Electric Energy Transactions GA186482 6123 POWER 055.9200.500260 575.00 Electric Energy Transactions GA186482 6123 06/24/2016 22,445.00 NATURAL GAS, LLC ELEMENT 055.9200.500162 188,147.86 Gas Purchase ELM000058 6124 MARKE 055.9200.500162 275,849.82 Gas Purchase ELM000059 6124 06/24/2016 463,997.68 SO CAL PUBLIC POWER 055.9200.500180 306,652.00 Minimum Cost 06116 PV0616 6125 AUTHORITY 055.9200.500150 67,298.00 Variable Cost 05116 PV0616 6125 055.9200.500180 15,253.61 Legislative Cost PV0616 6125 055.9200.500180 10,000 00 PSF Cost 06116 PV0616 6125 06/27/2016 399.203.61 TOTAL WIRES $ 6,228,891.79 Printed:6/27/2016 1 23:07PM Page 6 of 12 LIGHT & POWER WARRANT REGISTER NO.416 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT JESSE BLUE 055.8100.596700 60.00 Reimh for City Mandated Program 061316 512109 06/14/2016 60.00 CLEAN HARBORS 055.8300.596200 2,667.35 Period: 04/14/16 1001364907 512110 ENVIRONMENTAL 06/14/2016 2,667.35 HOME DEPOT CREDIT SERVICES 055 8400.590000 2,631.02 Hardware Supplies- 053116_multiple 055.0002305 512111 055.8400.520000 48.28 Hardware Supplies- 053116_multiple 055.0002305 512111 06/14/2016 2,679.30 LOS ANGELES ELEVATOR 055.8400.590000 215.00 Maintenance 04/16 9150 512112 SERVICES 06/14/2016 215.00 MCMASTER CARR SUPPLY 055.8000.590000 591.45 Hardware Supplies- 57372489 055,0002291 512113 COMPANY 055.8000.590000 38.58 Hardware Supplies- 58158804 055.0002291 512113 055.8000.590000 464.56 Hardware Supplies- 59140836 055.0002291 512113 055.8000.590000 324.75 Hardware Supplies- 59249585 055.0002291 512113 055.8000.590000 310.83 Hardware Supplies-- 59271184 055.0002291 512113 055.8000.590000 221.83 Hardware Supplies-- 61501735 055.0002291 512113 055.8400.590000 302.82 Hardware Supplies- 61904604 055.0002291 512113 06/14/2016 2,254.82 EDWIN OCHOA 055 9200.596500 69.12 SCPPA Training 060916 512114 06/14/2016 69.12 Printed 6/2712016 123 07PM Paqe 7 of 12 LIGHT& POWER WARRANT REGISTER NO.416 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT EFRAIN SANDOVAL 055.9200 596500 69,12 GHG Working Group Meeting 060916 512115 06/14/2016 69.12 SHAHRAM SHARIFZADEH 055.9200.596500 83.16 SoCalGas& SCPPA Workshop 060916 512116 06/14/2016 83.16 BANK OF NEW YORK MELLON, 055.9000.592010 2,200.00 Escrow Agent Fee 617/16-616/17 2521951243 512117 TRUST 06/16/2016 2,200.00 CH2M HILL ENGINEERS, INC. 055.9000.596200 13,425.90 Env Support Services 381067486 512118 06/16/2016 13,425.90 CRYSTAL ART GALLERY 055.7200 596700 6,276.15 Customer Incentive Program 061316 512119 06/16/2016 6,276.15 CURRENT WHOLESALE ELECTRIC 055.8000.590000 2,597.42 Electrical Supplies- 241099 055.0002288 512120 06/16/2016 2,597.42 LLC DC CONSULTING SERVICES 055.8200.596200 14,560.96 Consulting Services 7046 512121 06/16/2016 14,560.96 RUBEN RODRIGUEZ 055.9200.596500 69.12 SCCPA EIM Workshop 061516 512122 06/16/2016 69.12 INC SAS TEXTILES 055.7200.596702 13,568.02 Customer Incentive Program 061316 512123 06/16/2016 13,568.02 FEDEX 055.9000.520000 75.14 Period:06/16 544523539(2) 512124 Pnnte&6/2712016 1:23:07PM Paqe 8 of 12 LIGHT S POWER WARRANT REGISTER NO.416 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 06/21/2016 75.14 INC HAULAWAY RUBBISH 055.8400.596200 177.00 Period: 05/16 65XO0034 512125 SERVICE 055.8400.596200 379.83 Period: 05/16 65XO0035 512125 06/21/2016 556.83 MAYWOOD CAR WASH 055.8100.570000 67.50 Full Service Car Wash- 790(2) 055.0002302 512126 06/21/2016 67.50 OFFICE DEPOT 055.7100.520000 32.95 Office Supplies- 052016_muliiple 055.0002401 512127 055.9000.520000 51.99 Office Supplies- 052016_multiple 055.0002401 512127 055,7100.520000 2.97 Sales Tax 052016_multiple 512127 055.9000.520000 4.67 Sales Tax 052016_multiple 512127 06/21/2016 92.58 SO CAL EDISON 055.8100.560010 41.13 Period: 04/29-05/31 060116_multiple 512128 055.9200.560010 729.44 Period: 04/29-05/31 060116_multiple 512128 06/21/2016 770.57 FEDEX 055.9000.520000 369.17 Period: 06116 545266349 512129 06/23/2016 369.17 KAFCO SALES CO 055.9100.520000 231.00 CDP-B510- 398159 055 0002399 512130 055.9100.520000 228.70 CEP-DB510- 398159 055.0002399 512130 055.9100.520000 238.05 CEP-PS12- 398159 055.0002399 512130 055.9100.520000 239.25 CEP-P100- 398159 055,0002399 512130 055.9100.520000 177.75 CEP-UP-100-- 398159 055.0002399 512130 Printed:6/27/2016 1 23 07PM Pape 9 of 12 LIGHT S POWER WARRANT REGISTER NO.416 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT KAFCO SALES CO 055.9100.520000 127.50 CEP-NEUT-ACID- 398159 055.0002399 512130 055.9100,520000 111.80 Sales Tax 398159 512130 055.9100.520000 18.00 BT-97590/XL- 398208 055.0002399 512130 055.9100.520000 1.62 Sales Tax 398208 512130 06/2312016 1,373.67 INC LINEAGE LOGISTICS 055.7200.596702 47,143.72 Customer Incentive Program 062016 512131 06/23/2016 47,143.72 SO CAL JOINT POLE COMMITTEE 055.9100.596200 955.66 Operating Expenses 05/16 19046 512132 06/23/2016 95556 TOTAL EARLY CHECKS $ 112,200.18 Printed:5/27/2016 1 23:07PM Page 10 of 12 LIGHT & POWER WARRANT REGISTER NO. 416 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT LABORATORIES, INC 055.8000.520000 57.20 Sel Relay Programming Cable- 5166 055.0002396 512133 SCHWEITZER E 055.8000,520000 5.15 Sales Tax 5166 512133 62.35 SPECIALTY APPAREL 055 8000.540000 1,109.85 MEN'S CORNERSTONE SELECT 3051987413 055.0002398 512134 SNAG-PROOF 055.8000.540000 292.72 MEN'S CORNERSTONE SELECT 3051987413 055 0002398 512134 SNAG-PROOF 055.8000.540000 1,300.25 MEN'S OGIO LINEAR- 3051987413 055.0002398 512134 055,8000.540000 329.76 MEN'S OGIO LINEAR (2XL-4XL)- 3051987413 055 0002398 512134 055.8000.540000 572.64 LADIE'S OGIO VAMP- 3051987413 055.0002398 512134 055.8000.540000 637.76 LADIE'S OGIO FRAMEWORK- 3051987413 055 0002398 512134 055.8000.540000 381.82 Sales Tax 3051987413 512134 4,624.80 UNDERGROUND SERVICE ALERT 055.8300.596200 114.00 New Ticket Charges 520160784 512135 114.00 WEIDMANN ELECTRICAL 055.8000.590000 976.00 Oil Samples- 5900134903 055.0002294 512136 TECHNOLOGY 976.00 TOTAL PRINTED CHECKS $ 5,777.15 Printed:6/27/2016 1:23 07PM Page 11 of 12 LIGHT & POWER WARRANT REGISTER NO. 416 JULY 12, 2016 RECAP BY FUND EARLY PRINTED FQND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT& POWER $ 6,228,891.79 $ 112,200.18 $ 5,77715 $ 6,346,869,12 GRAND TOTAL $ 6,228,891.79 $ 112,200.18 $ 5,777.15 $ 6,346,869.12 TOTAL CHECKS TO BE PRINTED 4 Printed 6/27/2016 1 23:07PM Page 12 of 12 RECEIVED JUN 2 8 2016 RECEIVED +A OL CITY CLERK'S OFFICE JUN 2 7 2016 STAFF REPORT FINANCE/TREASURY DEPARTMENT CITY ADMINISTRATION DATE: June 27, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director ;41�4 RE: Gas Warrant Register for City Council Agenda of July 12, 2016 It is recommended that the attached Gas Warrant Register No. 204 be approved at the City Council meeting of July 12, 2016. Gas Warrant Register No. 204 totals $884,840.04, and covers claims and demands presented during the period of June 14 through June 27, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 204: 1. Ratification of wire transfers totaling $834,816.43; 2. Ratification of the issuance of early checks totaling $37,925.83; and 3. Authorization to issue pending checks totaling $12,098.78. 1 " Of Vic a CITY OF VERNON GAS DEPARTMENT �* ;+ WARRANT REGISTER NO. 204 JULY 12, 2016 �kr�r ix I hereby certify that claims andlor demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:6l2712016 t 10:58PM Page 2 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 056.5600.596700 500.07 Airfare 1 Staff 052316 459 056.5600.596700 2,585.66 Lodgining/Staff 052316 459 06/21/2016 3,085.73 BP ENERGY COMPANY 056.5600.500160 104,D43.75 Natural Gas 05/16 1403314 460 06/27/2016 104,043.75 INC CITIGROUP ENERGY 056.5600.500167 23,560.00 Natural Gas 05/16 5239424 461 056.5600.500168 1,860.00 Natural Gas 05/16 5239424 461 06/27/2016 25,420.00 CONOCO PHILLIPS COMPANY 056.5600.500160 112,391.50 Natural Gas 05/16 67391 462 06/27/2016 112,391.50 LLC EDF TRADING NORTH 056 5600.500160 11,985.75 Natural Gas 05/16 184046 463 AMERICA 06/27/2016 11,985.75 LLC ENSTOR ENERGY SERVICES 056.5600.500160 345.719.77 Natural Gas 05116 33625 464 06/27/2016 345,719.77 NOBLE AMERICAS GAS& POWER 056.5600.500160 6,390.00 Natural Gas 05/16 05RYB 465 06/27/2016 6.390.00 LP SEQUENT ENERGY 056.5600.500160 130.537.77 Natural Gas 05/16 2467872 466 MANAGEMENT 06/27/2016 130,537.77 SHELL ENERGY NORTH AMERICA 056.5600.500160 95,241.16 Natural Gas 05/16 2788242 467 Printed:0/27/2016 1:18:58PM Pape 3 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 06/27/2016 95,241.16 TOTAL WIRES $ 834,81&43 Panted-6127M16 1 1S.SSPM Pa4e 4 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT HOME DEPOT CREDIT SERVICES 056 5600 520000 577.82 Building Supplies- 052516_multiple 056.0000349 1425 06/14/2016 577.82 INC MEASUREMENT CONTROL 056.5600.590000 1,887.59 Electrical Supplies- 187184 056.0000340 1426 SYSTEM 06/14/2016 1,887.59 INC WILMINGTON INSTRUMENT 056.5600.520000 719,62 Calibration Services- 88849 056.0000344 1427 COMP 06/14/2016 719.62 INC A-BEST INDUSTRIAL 056.5600.900000 387.09 AB-BVM-F4N-B- 8096 056.0000393 1428 056.5600.900000 344.96 DMCB-4N-S- 8096 056.0000393 1428 056.5600.900000 543.88 AB-MOREST24-C- 8096 056.0000393 1428 056.5600.900000 1,321.90 AB-MOFIL0430A-AL- 8096 056.0000393 1428 056.5600.900000 763.95 AB-MOELE0430S-SS- 8096 056.0000393 1428 056.5600.900000 131.70 DLF8-4N-S- 8096 056.0000393 1428 056.5600.900000 255.71 DTBM8-4N-S-- 8096 056.0000393 1428 056.5600.900000 716.80 AB-FS299H-SEAT 8096 056.0000393 1428 056.5600,900000 28.43 Freight 8096 056.0000393 1428 056.5600.900000 401.94 Sales Tax 8096 1428 06/21/2016 4,896.36 DO ITAMERICAN MFG CO , LLC 056.5600.590000 1,188.00 Vernon-Stand-03- 4181 056.0000391 1429 056.5600.590000 720.00 Vernon-Stand-01- 4181 056.0000391 1429 056.5600.590000 75.00 Freight 4181 056.0000391 1429 056.5600.590000 171.72 Sales Tax 4181 1429 Printed:6/27/2016 1 18 58PM Paqe 5 or 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 06/21/2016 2,154.72 INC A M ORTEGA 056.5600.596200 3,094.80 Construction Services 691805 1430 CONSTRUCTION 056.5600.596200 3,235.00 Construction Services 691806 1430 056.5600.596200 3,235.00 Construction Services 691807 1430 056.5600.596200 3,565.25 Construction Services 691808 1430 056.5600.596200 11,453.26 Construction Services 691809 1430 056.5600.596200 585.51 Construction Services 691852 1430 056,5600.596200 2,520.90 Construction Services 692187 1430 06/23/2016 27,689.72 TOTAL EARLY CHECKS $ 37,925.83 Printed 6/27/2016 1:18:58PM Page 6 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# NUMBER AMOUNT CORRPRO COMPANIES 056.5600.595200 4,835.00 Annual Survey Testing 382152 1431 4.835.00 INC HOSE MAN 056.5600.520000 154.36 GAS SUPPLIES- 4139339000104 056.0000395 1432 056.5600.520000 57.60 GAS SUPPLIES- 4139339000104 056 0000395 1432 056,5600,520000 19.08 Sales Tax 4139339000104 1432 231.04 INC INTERSTATE GAS SERVICES 056 5600 596200 6,921.74 Consulting Services 05/16 7021314 1433 6,921.74 UNDERGROUND SERVICE ALERT 056.5600.596200 111.00 New Ticket Charges 520160784(3) 1434 111.00 TOTAL PRINTED CHECKS $ 12,098.78 Printed 6/27/2016 1:18:58PM Page 7 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 204 JULY 12, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 834,815.43 $ 37,925.83 S 12,098 78 $ 884,840.04 GRAND TOTAL 834,815.43 $ 37,925.83 $ 12,098.78 $ 884,840.04 TOTAL CHECKS TO BE PRINTED 4 Printed 8127l2016 1 18 58PM Page 8 of 8 v RECEIVED JUN 2 9 2016 , CITY CLERIC'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: July 12,2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino,Jr. City Administrator Originator: Lilia Hernandez, Executive Assistantto the City Administrator RE: Report on FY 2015/2016 Docket IV Grants Awarded by Vernon CommUNITY Fund Grant Committee 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. Background 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 the 2015/2016 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: Original Amount Amount Proposed Applicant Requested Recommended Term LA Family Housing $150,000/2 years $75.000 1 year Big Citizen HUB $50,000 $50,000 1 year Coalition de Latinos Americanos (CODELA) $235,000/2 years $22,000 1 year CicLAvia $50.000 None None Total 5485,000 $147,000 The application for CicLAvia was denied by the CommUNITY 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 Vernon Municipal Code requires the Grant Committee Executive Director (City Administrator) to provide the City Council a report of the grant related actions Page 1 of 2 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 Impact The total recommended grant award amount of $147,000 is included in the 2015/2016 City Budget and is within 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 2016/2017 fiscal year. Attachment(s) None. Page 2 of 2 RECEfVF-13 RECEIVE JUN 2 9 2016of JUN 2 9 2016 CITY CLERKS OFFICE .. tt 4 CITY ADMINISTRATION FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon, California 90058 Telephone(323)583-8811 Fax(323)826-1407 June 26, 2016 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of May 16, 2016 through May 31, 2016. Respectfully Submitted, Mictsael A. slson Fire Chief MAW:ar Fireletnow r,cCusively kufustiiaC VERNON FIRE DEPARTMENT COMPANY ACTIVITIES May 16, 2016 to May 31,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections(#): 37 730 87 704 Re-Inspections (#): 12 134 23 91 Spec. Haz. Inspections (#): 1 19 0 10 Total Inspections: 50 883 110 805 Total Man Hours: 50 1254 112 966 TRAINING (HOURS): Firefighting 193 1056 112 822 Hazardous Materials 16 328 38 293 Safety 228 1390 139 1256 Apparatus Operations 135 1270 141 1256 Equipment Operations 189 1337 143 1250 CPR 0 19 0 30 First Aid 20 222 25 239 Total Hours: 781 5622 598 5146 PRE-INCIDENT(HOURS): Planning 171 967 76 803 District Familiarization 47 869 94 872 Total Hours: 218 1836 170 1675 PERIODIC TEST(HOURS Hose Testing 0 26 2 3 Pump Testing 0 10 0 3 Total Hours: 0 36 "? 6 Page l PUBLIC SERVICE PROGRAMS (HOURS) School Programs 14 29 2 15 Fire Brigades 0 13 0 4 Emergency Preparedness 29 145 9 129 Total Hours: 43 187 11 148 ROUTINE MAINTENANCE(HOURS): Station 127 1235 127 1233 Apparatus 129 1256 141 1254 Equipment 128 1274 140 1278 Total Hours: 384 3765 408 3765 Grand Total Hours: 1476 12700 1301 11706 11reactivity Page 2 T 0 N b N O low z w 2 � o a 'd & IL -W w Qmo N N V w )W, 0 �MEN m 0. c H �o >1 z 0 z a wr r r r N r N r M r r C. M LM r N r M r r r r N i • G i Y 3 z c � • o a z o c c m o o a z 3 vo � zp "� uuzo °O a„ pa O~ � OVkaaiQz Z tea ° � fLLIa � WXa � w p �i � � 0� W W W W W W W W W W W W W W W W ll- LL LA- L6 L� W IL L1. Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 321 EMS call, excluding vehicle accident with inju 05/16/2016 03:32:03 No 322 Motor vehicle accident with injuries 05/16/2016 07:45:21 No 745 Alarm system activation,no fire,unintentional 05/16/2016 10:55:15 No 321 EMS call, excluding vehicle accident with inju 05/16/2016 13:50:17 No 311 Medical assist, assist EMS crew 05/17/2016 06:09:44 No 700 False alarm or false call, other 05/17/2016 06:38:27 No 730 System malfunction, other 05117/2016 06:41:13 No 740 Unintentional transmission of alarm, other 05/17/2016 10:17:52 No 730 System malfunction, other 05/17/2016 10:20:11 No 322 Motor vehicle accident with injuries 0511712016 11:18.08 No 311 Medical assist, assist EMS crew 05/17/2016 16:00:38 No 735 Alarm system sounded due to malfunction 05/17/2016 18:03:34 No 321 EMS call, excluding vehicle accident with inju 05/18/2016 08:12:17 No 321 EMS call, excluding vehicle accident with inju 05/18/2016 20:28:36 No 740 Unintentional transmission of alarm, other 05/18/2016 23:46:08 No 740 Unintentional transmission of alarm, other 05/19/2016 02:54:04 No 321 EMS call, excluding vehicle accident with inju 05/19/2016 05:37:08 No 321 EMS call, excluding vehicle accident with inju 05/19/2016 07:53:34 No 311 Medical assist, assist EMS crew 05/19/2016 08:45:06 No 131 Passenger vehicle fire 05/19/2016 14:33:07 No 322 Motor vehicle accident with injuries 05/19/2016 15:31:09 No 311 Medical assist, assist EMS crew 05/20/2016 07:46:42 No 154 Dumpster or other outside trash receptacle fir 05/20/2016 09:22:08 No 311 Medical assist, assist EMS crew 05/20/2016 11:19:51 No 622 No incident found on arrival at dispatch addr 05/20/2016 17:22:59 No 324 Motor vehicle accident with no injuries 05/21/2016 08:33:40 No 321 EMS call, excluding vehicle accident with inju 05/21/2016 08:53:52 No 410 Combustible/flammable gas/liquid conditn,other 05/21/2016 09:06:36 No 745 Alarm system activation,no fire,unintentional 05/22/2016 03:40:19 No 321 EMS call, excluding vehicle accident with inju 05/22/2016 05:05:19 No 321 EMS call, excluding vehicle accident with inju 05/22/2016 07:32:30 No 322 Motor vehicle accident with injuries 05/23/2016 11:55:31 No 321 EMS call, excluding vehicle accident with inju 05/23/2016 16:07:21 No 542 Animal rescue 05/23/2016 16:19:43 No 321 EMS call, excluding vehicle accident with inju 05/24/2016 17:54:19 No 311 Medical assist, assist EMS crew 05/25/2016 17:31:01 No 311 Medical assist, assist EMS crew 05/26/2016 17:31:19 No 322 Motor vehicle accident with injuries 05/27/2016 02:14:12 No 322 Motor vehicle accident with injuries 05/27/2016 06:19:27 No 622 No incident found on arrival at dispatch addr 05/27/2016 13:29:19 No 321 EMS call, excluding vehicle accident with inju 05/27/2016 18:00:08 No 150 Outside rubbish fire, other 05/28/2016 12:55:31 No 324 Motor vehicle accident with no injuries 05/28/2016 22:37:21 No 321 EMS call, excluding vehicle accident with inju 05/29/2016 00:38:54 No 322 Motor vehicle accident with injuries 05/29/2016 06:01:07 No 321 EMS call, excluding vehicle accident with inju 05/29/2016 23:08:17 No 321 EMS call, excluding vehicle accident with inju 05/31/2016 06:20:52 No 321 EMS call, excluding vehicle accident with inju 05/31/2016 11:13:08 No 322 Motor vehicle accident with injuries 05/31/2016 13:59:03 No �o 0 N O O z w � t 0 o d cv ILLn NraLNe.er A arm N — V c ' • e +� o 13 40 oV a rr a C �! z 3 xZ LL. a � a > x = LL. 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LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL IL LL LL a r r1 r 0� 9t r Q T r M r rM a , s i i a + �, Ca QaYZ O °�7CuL+Jt c = � W W u yLJC� U� 0GC o c ca L'i0W yz W O oc LL, 3 = Za = d iGC 9pP qq! LLI W » u LL, a 0LJ O »o ? N# 0 zc � Q LJ LA ufVQ O G LL LL T = C 7- in N in V~f N H H W W LJ W LJ W W W W W W W W W W W W W W W W W W W W W W W W E C E R T)f F7, of RECEIVED JUN 2 9 2016 � rt 0 JUN 9 16 CITY GEERK S F 0 FlCE ZI CITY ADMINISTRATION FIRE DEPARTMENT - Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323)826-1407 June 26, 2016 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of June 1, 2016 through June 15, 2016. Respectfully Submitted, ? ihc ae1 A. ikon Fire Chief MAW:ar Fireletnow E.Tcfusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES June 1, 2016 to June 15,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections(#): 41 771 42 746 Re-Inspections(#): 23 157 5 96 Spec. Haz. Inspections (#): 1 20 2 12 Total Inspections: 65 948 49 854 Total Man Hours: 86 1340 71 1037 TRAINING(HOURS)_ Firefighting 107 1163 106 928 Hazardous Materials 18 346 45 338 Safety 150 1540 130 1386 Apparatus Operations 137 1407 125 1381 Equipment Operations 137 1474 130 1380 CPR 4 23 6 36 First Aid 16 238 34 273 Total Hours: 569 6191 576 5722 PRE-INCIDENT(HOURS): Planning 84 1051 82 885 District Familiarization 85 954 96 968 Total Hours: 169 2005 178 1853 PERIODIC TEST (HOURS): Hose Testing 0 26 0 3 Pump Testing 0 10 0 3 Total Hours: 0 36 0 6 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 29 6 21 Fire Brigades 0 13 0 4 Emergency Preparedness 8 153 20 149 Total Hours: 8 195 26 174 ROUTINE MAINTENANCE (HOURS): Station 123 1358 113 1346 Apparatus 148 1404 125 1379 Equipment 189 1463 127 1405 Total Hours: 460 4225 365 4130 Grand Total Hours: 1292 13992 1216 12922 Tireactivity Page 2 0 n 1 Fl 0 z w 2 Igo t � o CL w11 O N r+1 r N r r e+1 A •� N � V C m w � _ co ,rum d •� N o z3 m LLJ a c x o ' ; LL. Wa, y c, 'L- LL a O G O C ^ r y t � Z � 33 z _ LL. LL. LL. LL. LL. V+ Iz wr r r r (4 NO • • • • � 0 x • Z G1 ` p a cN ,.. y 6j C O d auk o`�`cpzz Wv► 'C � � °° c °O � OZUOypQza � ZQo�. Li u uz3 E � JJ W � 0 u -�{ � av, � � Wiz � a ucaia� � zz 1° o La a � Uzi Z aa � a 0U- U- xx _ a.► � � � r- 00 �' a u cs W W W W W W W W W W W w W W W W W W W LL LL W W LL W U- U- LL. LL. NL Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 700 False alarm or false call, other 06/01/2016 09:40:00 No 700 False alarm or false call, other 06/01/2016 10:21:21 No 321 EMS call, excluding vehicle accident with inju 06/01/2016 11:27:13 No 700 False alarm or false call, other 06/01/2016 13:31:19 No 311 Medical assist, assist EMS crew 06/01/2016 15:02:40 No 321 EMS call, excluding vehicle accident with inju 06/02/2016 04:25:47 No 745 Alarm system activation,no fire,unintentional 06/02/2016 13:38:33 No 531 Smoke or odor removal 06/03/2016 08:28:59 No 745 Alarm system activation,no fire,unintentional 06/03/2016 08:55:39 No 745 Alarm system activation,no fire,unintentional 06/03/2016 11:02:51 No 412 Gas leak (natural gas or LPG) 06/03/2016 16:08:51 No 745 Alarm system activation,no fire,unintentional 06/03/2016 17:41:30 No 611 Dispatched &canceled en route 06/03/2016 19:17:34 No 735 Alarm system sounded due to malfunction 06/04/2016 08:49:41 No 321 EMS call, excluding vehicle accident with inju 06/04/2016 19:55:09 No 06/04/2016 21:09:37 No 322 Motor vehicle accident with injuries 06/05/2016 01:53:52 No 322 Motor vehicle accident with injuries 06/05/2016 02:43:42 No 321 EMS call, excluding vehicle accident with inju 06/05/2016 05:15:18 No 321 EMS call, excluding vehicle accident with inju 06/06/2016 01:39:19 No 321 EMS call, excluding vehicle accident with inju 06/06/2016 04:42:29 No 311 Medical assist, assist EMS crew 06/06/2016 09:16:46 No 461 Building or structure weakened or collapsed 06/06/2016 10:27:47 No 321 EMS call, excluding vehicle accident with inju 06/06/2016 19:18:49 No 671 Hazmat release investigation w/no hazmat 06/07/2016 10:38:13 No 321 EMS call, excluding vehicle accident with inju 06/07/2016 12:55:45 No 400 Hazardous condition, other 06/07/2016 12:57:40 No 700 False alarm or false call, other 06/07/2016 14:01:11 No 06/07/201615:08:21 No 322 Motor vehicle accident with injuries 06/07/2016 15:56:44 No 600 Good intent call, other 06/07/2016 17:25:04 No 740 Unintentional transmission of alarm, other 06/07/2016 19:07:40 No 611 Dispatched &canceled en route 06/08/2016 06:22:06 No 324 Motor vehicle accident with no injuries 06/08/2016 07:10:48 No 324 Motor vehicle accident with no injuries 06/08/2016 09:38:51 No 743 Smoke detector activation, no fire-unintenti 06/08/2016 12:51:26 No 611 Dispatched &canceled en route 06/08/2016 20:29:44 No 321 EMS call, excluding vehicle accident with inju 06/09/2016 05:06:43 No 571 Cover assignment, standby, moveup 06/09/2016 10:04:38 No 142 Brush, or brush and grass mixture fire 06/09/2016 12:55:09 No 321 EMS call, excluding vehicle accident with inju 06/09/2016 13:41:20 No 321 EMS call, excluding vehicle accident with inju 06/09/2016 18:44:15 No 321 EMS call, excluding vehicle accident with inju 06/10/2016 08:15:41 No 321 EMS call, excluding vehicle accident with inju 06/10/2016 12:24:19 No 324 Motor vehicle accident with no injuries 06/10/2016 13:42:45 No 321 EMS call, excluding vehicle accident with inju 06/11/2016 06:27:55 No 321 EMS call, excluding vehicle accident with inju 06/11/2016 15:56:16 No 324 Motor vehicle accident with no injuries 06/11/2016 16:01:32 No 740 Unintentional transmission of alarm, other 06/11/2016 23:15:33 No 700 False alarm or false call, other 06/12/2016 05:02:59 No 321 EMS call, excluding vehicle accident with inju 06/12/2016 05:15:47 No 321 EMS call, excluding vehicle accident with inju 06/12/2016 09:25:14 No 522 Water or steam leak 06/12/2016 12:47:20 No 440 Electrical wiring/equipment problem, other 06/12/2016 14:56:50 No 322 Motor vehicle accident with injuries 06/12/2016 16:48:02 No 311 Medical assist, assist EMS crew 06/13/2016 10:39:26 No 500 Service Call, other 06113/2016 11:31:33 No 520 Water problem, other 06/13/2016 16:46:31 No 641 Vicinity alarm (incident in other location) 06/14/2016 02:28:13 No 571 Cover assignment, standby, moveup 06114/2016 02:3T44 No 571 Cover assignment, standby, moveup 06/14/2016 02:39:01 No 622 No incident found on arrival at dispatch addr 06114/2016 04:21:36 No 622 No incident found on arrival at dispatch addr 06/14/2016 05:04:51 No 735 Alarm system sounded due to malfunction 06/14/2016 09:19:42 No 322 Motor vehicle accident with injuries 06/14/2016 11:34:23 No 531 Smoke or odor removal 06/14/2016 13:56:42 No 324 Motor vehicle accident with no injuries 06/14/2016 18:15:24 No 420 Toxic condition, other 06/15/2016 07:59:35 No 745 Alarm system activation,no fire,unintentional 06/15/2016 09:15:40 No 321 EMS call, excluding vehicle accident with inju 06/15/2016 09:40:17 No 420 Toxic condition, other 06/15/2016 10:01:58 No 611 Dispatched &canceled en route 06/15/2016 14:44:08 No 622 No incident found on arrival at dispatch addr 06/15/2016 14:47:19 No 745 Alarm system activation,no fire,unintentional 06/15/2016 19:16:10 No 420 Toxic condition, other 06/15/2016 20:36:07 No Io 0 N �O 6 z w I � t a0 CL LN � 11 Ln a � +� 0 N Az N W C m w + W C MEN .V N H +° 3 z o H 0 z a M r N r r r r r r r 0 U'l LM N r r r N r r r w M r • r : b a oc zpz � � 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LL 0 N LM N IW r r N .�p Ln O 47 LY N $ 3 �j T W ` IL �j LL J 22 an iw ' L� tL A �R? a o Q. E : Z dcCu, vsv, 4nF- H » 333a°b " a3 LL LL LL LL LL U. U. LL LL. LL LL LL IL Vf V1 Vi V1 V1 V1 V1 VS LT w C .o N !^ w O T N co N M N a M M N N M r N N r r r r LIN1 O- r `D N N r N M A •� N d V = CIA � r C � a • T p a ° O + Q a N L a 79 to • ' a Wp WL1 Z EV � tp C d cb C � Ow _ c c c a b aaU- o z3 E z LLJ 11 !: 0 1 to o up w �. uuLZga L- 0, ^ 0 oamo ie ° E �jZ � uuuu �° � z c cz ao � oKK ' c Ln as VroVLi .O 0 m - Z z zW W W W W W W W W W W W W W LL LL LL L� LL LL LL. LL LL L. LL. LL LL. W LL L6 m wQ N r M M r r r r ul N r N N. M N r U, r N N N N r %C a i a a p « a s « F- V cz L7LL = Oz LH a � a LaG_ ciau � _ = a m -C 9yLLI Z co a r Lu m U V Q H a W t x Z p a # C C L!L tQn p U y� y(� W J E W V V N Y te Zas aac� axouuucccocLaL � xxx = x ? 9TC vi v, vu�i W W W W W W W W W W W W W W W W W W W W W W NJ W W W W W Uj W 0 M r r r NqT r O r N LLI O Ia w L 3 R N a � N Z LL- � p az ' a LY d z 0i _ LL LL %A LA II aT wLnN O � r N CP. Mopom V c 0 a N • C �+ V Lid O W r A O Q! L OC CO y 6 7 b U. L o g '° c cY9 oasc � L � ;GtQ QtE OV LL 6. 4 ' � rv+° z3 aa V YtA I S CL y i+ o C a �, V aG Z Z V 7 0 7 L L �. LO R Si t E -A d LL 4L � zz � aoCo�GLnLnLn » a3 W W W W W LL W LL LL LL LL LL LL LL LL_ LL LL LL LL LL LL W LL Li W LL LL LL L4 LL r M r LM N r �'1 r r r r hl U, %C r r C��1 N r %O N N C C Y C O V • 6 -j ^ u � u • aa W ? • i i�.l 0 Z G V • W • W 4 te r .. '' a G V G n + Z coY V W J ' Q V Z of • H a oUJ 12 y . - � W x � aImi� V � � �n aaO ~ Z � � aaaYY �C .+ R m N ' U V = Q LL IWi J J j LV } N N u u V to O i z ` Q `d` � Qo' aa � � casxxrZ- LLOARAv� v+ Ln � v� � � � Q W W W W W W LN W W w w W W Uj LN W W W W W W W W W W W W W W RECF-IVED Jury 2 8 2016 to RECEIVED CITY CLERK'S OFFICE Ott JUN 16 201 CITY ADM INI STRATI0N POLL C E DEPARTMEI IT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon,California 90058 Telephone(323)587-5171 Fax(323)826-I481 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 of June 15, 2016. Respectfully submitted, VERNON POLICE DEPARTMENT zolu;� DANIEL CALLEROS CHIEF OF POLICE DC/ar x,cfusivefy Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 06/0112016 Jurisdiction: VERNON Last Date: 06/1512016 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH.EOUIPA 124 109 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2 10-96M 10-96 MARY(MAIL DETAIL) 6 4 166 COURT ORDER VIOLATION 3 1 20001 INJURY HIT AND RUN 5 2 20002 NON-INJURY HIT AND RUN 9 4 20002R NON-INJURY HIT AND RUN REPORT 11 5 211S SILENT ROBBERY ALARM 3 1 242 BATTERY 2 1 242R BATTERY REPORT 1 1 415 DISTURBING THE PEACE 16 6 422R TERRORIST THREATS REPORT 2 1 459A AUDIBLE BURGLARY ALARM 153 89 459R BURGLARY REPORT 7 4 459V BURGLARY TO A VEHICLE 1 1 459VR BURGLARY TO A VEHICLE REPORT 3 2 470 FORGERY 3 1 476R FRAUD REPORT 5 3 484 PETTY THEFT 4 l 484R PETTY THEFT REPORT 6 5 487R GRAND THEFT REPORT 7 5 586 PARKING PROBLEM 20 17 586E PARKING ENFORCEMENT 2 l 594 VANDALISM 9 3 594R VANDALISM REPORT 7 3 602 TRESPASS 12 6 901T INJURY TRAFFIC COLLISION 21 7 901TR INJURY TRAFFIC COLLISION REPORT 2 1 902T NON-INJURY TRAFFIC COLLISION 35 24 902TR NON-INJURY TRAFFIC COLLISION REPORT 8 4 909C TRAFFIC CONTROL 2 1 909T TRAFFIC HAZARD 8 6 911 911 MISUSE 1 HANGUP 3 2 911A CONTACT THE REPORTING PARTY 9 7 917A ABANDONED VEHICLE 3 2 925 SUSPICIOUS CIRCUMSTANCES 21 10 A484 ATTEMPT PETTY THEFT 2 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 44 19 BOVEH BROKEN DOWN VEHICLE 15 11 CITCK CITATION CHECK 6 5 CITY ALARMS CITY HALL ALARMS.FINANCE, CITY CLERK,HEAL 1 1 CIVIL CIVIL MATTER 3 2 CODES SURVEILLANCE/STAKE-OUT 1 1 COP COP DETAIL 1 1 DIET DETECTIVE INVESTIGATION 39 24 DETAIL DETAIL 4 4 DPTAST DEPARTMENTAL ASSIST 7 2 FILING OFFICER IS 10-6 REPORT WRITING 58 53 06/16/2016 07:09:56 Page J of ' VERNON POLICE DEPARTMENT Department Activity Report First Date: 06/01/2016 Jurisdiction: VERNON Last Date: 06/15/2016 Department Complaint All Units Primary Unit Type Description VPD FOUND FOUND PROPERTY REPORT 3 3 FU FOLLOW UP 5 5 GTAR GRAND THEFT AUTO REPORT 2 2 HBC HAILED BY A CITIZEN 13 7 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 2 2 KTP KEEP THE PEACE 4 2 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LOJACK LOJACK HIT 3 3 MR60 MISC REPORT 1 1 PANIC ALARM PANIC ALARMIDURESS ALARM 1 1 PAPD PUBLIC ASSIST-POLICE 12 8 PATCK PATROL CHECK 99 83 PDO PROPERTY DAMAGE ONLY 2 1 PEDCK PEDESTRIAN CHECK 60 33 PLATE LOST OR STOLEN PLATES REPORT 6 2 PRSTRAN PRISONER TRANSPORTED 14 11 REC RECOVERED STOLEN VEHICLE 8 3 RECDALARM TEST THE RECORDS ALARM 1 1 RECKLESS DF RECKLESS DRIVING(23103) 1 1 RR RAIL ROAD PROBLEM 3 2 SHOTS SHOTS 1 1 TRAFFIC STOI TRAFFIC STOP 142 111 VCK VEHICLE CHECK 64 45 VEH RELEASE VEHICLE RELEASE 8 6 VMCVIO VERNON MUNICIPAL CODE VIOLATION 2 1 WARRANT WARRANT ARREST 1 1 WELCK WELFARE CHECK 5 3 WRNTSVC WARRANT SERVICE 12 12 Department: 1193 819 Overall: 1193 820 06/1&2016 07:09:56 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 06/15/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 18 VEHICLES: 590,000.00 NON-INJURY 13 INJURY 5 Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) 3 Hit & Run(Felony) Persons Injured 8 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 6 OTHER DEPARTMENTS Abandoned/Stored Vehicle 5 VEHICLES: 513,500.00 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) 9 Citations Iss (Moving) 68 Citations Iss (Parking) 25 Citations Iss (Total) 102 Hazardous 39 Non-Hazardous 29 Other Violations CASES CLEARED BY ARREST AR16-0180 CR16-0896 11364 H&S AR16-0181 CR16-0901 166(A)(4) PC AR 16-0182 CR 16-0905 14601.1(A) VC AR16-0187 CR16-0915 32310(A) VC AR16-0191 CR16-0950 10851(A) VC AR 16-0195 CR 16-0962 470(D) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 06/15/16 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY FORGERY & COUNTERFEITING 1 1 GRAND THEFT AUTO 1 1 HIT AND RUN INVOLVING DEATHANJ 1 1 POSSESS LARGE CAPACITY MAGAZINE 1 1 ROBBERY TRANSPORT/SELL CONTROLLED SUB. WARRANT (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 W/SUSPENDED LICENSE 1 1 DRIVING UNDER THE INFLUENCE 1 1 POSS. CONTROLLED SUBSTANCE 1 1 POSS. PARAPHERNALIA RESIST/DELAY TO PEACE OFCR. SHOPLIFTING _ WARRANTS (VERNON CASE) 6 1 7 WARRANTS (OUTSIDE AGENCY) TOTAL MISD. ARRESTS 10 1 11 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL VANDALISM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT)TO DATE: 63 TOTAL MISDEMEANOR ARRESTS (ADULT)TO DATE: 127 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR)TO DATE: 6 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 196 k § § $ Q § b k � % \ kf § C> N E m @ R ■ k �C, «o ■o q@ k\ / &k /\ &k � � ■ \ \« tj 77 77 77 U� 0u 20 20 ^ kG § q / k / \ r k $ § kk 3 \�� \�� /� � D> O> A> _ $ Qt 2 % § § § G § v k % f ± M ci � O � � k _ wj § � § § / ) § \ $ ' o � z / ■ § > % f ca ' / f § ƒ zto [ ± § ) IZ § § g & § L) © � k % LL § CM ° \ d ƒ w § E / § 4n � LU� § kkk . o - § # tm c -j § b k - ❑ e 2 > § § § § a- kL6E �� o \ k D- 0- E § \ 0. EEaE a ¥ >> > M > >> >> > Q ED � \ 2 ® e 2 cm § k 2 % ) k § \ § 2 7 § § - g ■ - % \ 00 C2 12 \ § Z 2 3 R R § o CW C c1Ov N o °' °yr° V O Go p 00 (D lD O O O) 6l t + M N u l LP U7 ti op M GD N ." 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C M Q d n tp a V q Q d u'1 O N O O; O Q O � � O C►I r z z 7r > a O a a a � a o �6 14 lz 0 G N N N N N N a v °* V N O C cr d �o �p a .ti ti or � 4 UCN O c� LO �� LO V Ot' N O N � w O � a z v Of 0LU Q J Z a U w L W m m Q T T Q r. N N W WL. Q •� T � ti < W O O CS ZS Q W V Q' Cl z ti Z � = CT� +► � '� A r � to y y C � V G 0 O � rrOS Z V W z Z W LU O . a o fid •q '7 �o F RECEIVED RECEIVED JUN 3 0 2016 CITY CLERK'S OFFICE ,�.V'' JUN 2 3 2016 CITY ADMINISTRATION STAFF REPORT a col2q-oo PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: July 12,2016 TO: Honorable Mayor and City Council FROM: Derek WieskeDirector of Public Works, Water and Development Services Department Originator: Rafael Contreras, Project Engineer P_G . RE: Approval of an Implementation Agreement with Gateway Cities Council of Governments (GCCOG) for the Atlantic Avenue/Boulevard Corridor Study Recommendations It is recommended that the City Council: 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"), 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. Backeround The mission of the Gateway Cities Council of Governments (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, Vernon, 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 east/west arterial corridor; to relieve 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 Corridor. The Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments (the "RA"), to which the City is a signatory, provided authorization 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 Vernon to authorize this agreement to allow GCCOG to implement and initiate the Atlantic Avenue/Boulevard Corridor Study in the furtherance 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 JAC). The Atlantic Avenue/Boulevard Corridor Cities Committee consists of elected members of the legislative bodies of each agency that has entered into an Atlantic Avenue/Boulevard Corridor Study Implementation 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 ATLANTIC AVENUEIBOULEVARD 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: In 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 AvenueBoulevard 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 1-710 freeway, which it closely parallels; and (c) The cities along the Atlantic Avenue/Boulevard Corridor ("Corridor") are desirous of establishing a "Complete Streets" model on this major east/west arterial corridor; to relieve traffic congestion and to enhance active transportation opportunities in the neighboring communities ("Atlantic Avenue/Boulevard Corridor Study" or the "Study"); and (d) The development of a subregional arterial corridor plan would position the participating agencies to apply for, and receive, federal, state, and regional funding for improvement of the Corridor; and (e) 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 (f) 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 Implementation 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 (g) The costs incurred by Gateway for the Study, including indirect costs, shall be assessed only to those Members who are parties to an Implementation Agreement; and (h) 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 Implementation 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 Corridor Technical Advisory Committee to provide policy assistance, guidance and direction to Gateway as administrator of this Agreement. (b) Atlantic AvenuelBoulevard Corridor Technical Advisory Committee. 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 Implementation 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. 2 Section 3. Implementation of Atlantic Avenue/Boulevard Corridor Stud . 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 Corridor 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 Study. 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 Agreement. 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. Meetings. 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 Ex ense Reimbursement. All members of the Atlantic Avenue/Boulevard Corridor Cities Committee 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 Indemnification. 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) _Party 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 (f) 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. (g) Law to Govern• Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In 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 Drafting. 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 Agreement. 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. 0) Severabili . If 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) Litigation/Proceeding Fees. In 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. (1) Successors. This Agreement shall be binding upon and inure to the benefit of any successor of a party. (m) Assignment and Delegation. Neither party shall assign any rights nor delegate any duties under this Agreement without the written consent of the other party. (n) Counterparts. 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. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed the day and year first written above. CITY OF . By: William Davis, Mayor ATTEST: Ciity Clerk By: Maria E. Ayala, Cily 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 1: INTRODUCTION, PROJECT GOALS & OBJECTIVES INTRODUCTION The Gateway Cities Council of Governments (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, Vernon, 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 alternatives considered include 1) the Atlantic Corridor as a "Complete Street" in an "unconstrained" condition to quantify the preliminary engineering and evaluate the 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 and the project benefits. The results would provide potential funding 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, Vernon, Maywood, 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. 7 PROJECT GOALS AND OBJECTIVES The goal of this study is to improve the Atlantic Corridor by promoting a balanced, comprehensive multimodal transportation 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 Street 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: • Identify improvements to reduce transportation related greenhouse gases • Identify concepts to creating sustainable communities • Identify and develop community to school or safe routes to school plans • Identify and develop complete street plans and streetscapes plans • Identify and develop bike and pedestrian safety enhancement plans • Identify traffic operations and safety enhancements opportunities • Evaluate for Corridor enhancements for multimodal mobility, access, safety, and linkages • Evaluate transit improvement opportunities to preserve transit facilities and optimize transit infrastructure • Evaluate accessibility and connectivity of the multimodal transportation network SECTION 2: SCOPE OF WORK (TASKS) 1. PROJECT MANAGEMENT AND ADMINISTRATION a. Project Initiation • The GCCOG will hold a kick-off meeting with the jurisdictional stakeholders to discuss project expectations including the scope and schedule. b. Project Administration • The GCCOG will track and report milestone status and completion—at least quarterly, but no more frequently than monthly. c. Project Management • GCCOG will manage the project, including the coordination of project 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 EXISTING CONDITIONS a. Existing Information& Documents 8 • GCCOG staff will 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 useful information and findings relating to the Corridor. 3. MULTI-MODAL CORRIDOR EVALUATION AND ANALYSIS a. Existing Conditions Corridor Evaluation and Analysis • GCCOG staff will conduct an existing conditions analysis by identifying opportunities 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 traffic, 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 1-710 draft EIRIEIS as well as the Strategic Transportation Plan. b. Future Conditions Corridor Evaluation and Analysis • 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 of Service, 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. COMPLETE STREETS NEEDS ANALYSIS a. Conduct Needs Analysis • GCCOG staff will conduct a detailed needs analysis for complete streets and multimodal Corridor development, and identifying 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 of the 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 alternatives and after the development of the draft Master Plan. 9 • GCCOG staff will 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 alternatives and after the development of the draft Master Plan. G. COMPLETE STREETS IMPLEMENTATION ALTERNATIVES a. Develop Alternatives • Based on the existing and future conditions evaluation and the stakeholder/community input, GCCOG staff will develop alternative concepts for complete street implementation, and will include concept plans, sketches, and photos. • Two primary alternatives considered include 1) the Atlantic Corridor as a "Complete Street" in an "unconstrained" condition to quantify 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 understand the holistic context of the improvements. 7. CONCEPTUAL DESIGN OF COMPLETE STREETS MASTER PLAN a. Develop Master Plan • Based on the preferred design alternative chosen in the stakeholder and outreach efforts and discussions with the Cities, GCCOG staff will develop a draft Master Plan. S. DEVELOP CONCEPTUAL DESIGN ALTERNATIVE WITH COST ESTIMATE a. Develop conceptual Design Alternative with Cost Estimate • The conceptual plans will be based on site visits, engineering analysis and recommendations from City staff input. • The conceptual plans will include proposed striping, roadway improvements, and structural improvements, connectivity to adjacent existing bikeway systems, and connectivity to future bikeway systems in order to understand the necessary improvements that will be required by the project footprint 9. PRESENTATIONS TO COMMITTEES AND CITY COUNCILS a. Presentations « GCCOG staff will prepare and present PowerPoint presentations to Committees and City Councils, describing quantified and other benefits. IO 10. FINALIZE CONCEPTUAL DESIGN OF COMPLETE STREETS MASTER PLAN a. Finalize Master Plan with Schedule • GCCOG staff will finalize the Master Plan. • A program level project schedule will be prepared for preliminary engineering, environmental documentation, design and construction • Four hard-copies and four electronic copies of the final Master Plan will be submitted to each jurisdiction. SECTION 3: SCHEDULE The Gateway Cities Council of Governments (GCCOG) proposes to complete the Atlantic Corridor Complete Street Evaluation and Master Plan over the period of approximately 1 year, with an anticipated kick off in July 2016. SECTION 4: COST The Gateway Cities Council of Governments (GCCOG) proposes to complete the Atlantic Corridor Complete Street Evaluation and Master Plan for approximately $259,024.24, which includes GCCOG consultant staff time and overhead GCCOG expenses. The initial breakdown, below, is based on linear mile for each jurisdiction. Jurisdiction Corridor Designation Segment Limits Linear Miles Through Cost Per Jurisdiction Jurisdiction tJMaaa P.LA CbmMtr 1041* 4tlantit Boulevard Telegraph Rmd to SO-W 1,61 5 24,835.95 Commerce Mail&aoulevart re reph Road south to 26°Street 0.65 S 9,903.07 Vernon Mkwekilloulrvard Ze street to L1 Onh 0.301 S 3rYw" VrMEWAAaywood Atlantic Boulevard teonk by 52~Drive 11 $ 18,284.06 7NRwdol Atlantic Boulevard 53`a Drirem stem ail] $90 Atlantic Avenue RarLdolph Street to FlGm t Avenue 4}.Y7 5 1 732,27 Cudahy/wt Atlantic Avenue Walnut Street north to Florence Avenue OA9 5 1,371.30 Cvdehy 4tlmtic Avenue Wakme Strm somhtoPffmmStreet 6.wl i K7M,62 'iouth Gan Atlantic Avenue Patate Street to just North of Abbott Rd, 1.3 5 22,35508 ?y-xood Aklardie AWenue _ lbhgit Aged WW&fp WW"ll4n 50'eet 71S 3047}AA Zrnt,+arP-LA County{Eaft Atlantic Avenue R AMIllan Street to juft north of AhxWWa '-- - — 1.24 5 ISM3.53 neha Dombulu t) Rlvd. Compton Atlantic Avenue lift north of Abn"BatdMW to LA 043 5 6,551 79 Itivar i,�Beach Atlantic Avemu LosAngel Rover south toOesan 8.115 123.417.43 Totmi Corridor Miles, 19.7,3 S 301,534.69 11 Additionally, there was discussion at the initial meeting regarding funding scenarios, and how Tota I Cost Cities would 1) pay for this effort; 2) could receive u„lwmrr.u cauety(east►A) 5 M.ns credit for work already completed or economy of s 9,903-S, scale; and 3) if there were additional outside wms+ s 14,933.99 sources that could pay or contribute to the cost of ZL79851 sell S 12.417.93 the study. ,hy 5 ..th G.x■ 5 2,855 Regarding each jurisdiction paying their per linear Ly"WQC4 30•473 mile proportional share, it was noted that there are u,.e+co.ia.LA Coun"(Eav 1� P It&-Kha DorWv%quu) i]k9 several funding options, including a City's Prop C, n s Local Return Measure R, AB 2766 funds, since D"Ch s 12 part of the project involves bicycle and pedestrian 301,5 facilities, gas tax and/or general funds. Regarding credit for work already completed or economy of scale, it was difficult to quantify 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 605/405/91 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 infused into the project to take it to the next phase of implementation. 12 v RECEIVED RECEIVED JUN 2 9 2016 # JUN 2 3 2016 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT c47 ce -Zq- c(,- PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Derek Wieskr, erector of Public Works, Water and Development Services Department Originator: Anthony Zarate, Administrative Secretary RE: Amendment No. 3 to an Agreement with Kronick Moskovitz Tiedemann & Girard for Legal Services Related to the Vernon Village Park Housing 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 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$116,000. The original contract was the result of an advertised, competitive selection process and anticipated additional services on the Dousing project such as those to be secured through this amendment. Background In 2012, the City of Vernon conducted an advertised, competitive selection process to select the specialized legal services required for the proposed Vernon Village Park Housing Development Project ("Development Project"). As a result, the City entered into a three year agreement in the amount of$45,000, 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 Agreement and provided legal review of Zoning amendments, General Plan update and the environmental document prepared in compliance with the California Environmental Quality Act (CEQA). On May 7, 2013, City Council approved Amendment Number 1 increasing the original contract by $50,000 to cover additional work spent on CEQA matters related to the City of Maywood 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 Attorney's office. Fiscal Imaact 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 1. 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 Vernon, a California charter city and municipal corporation (the"City"), and Kronick Moskovitz Tiedemann& Girard("Associate Counsel"), a California corporation. WHEREAS, the City and Associate Counsel are parties to a written Agreement dated November 20, 2012, as amended on May 7, 2013 and 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 $6,000.00, and to extend the Agreement to August 1, 2016. NOW, THEREFORE, the parties to this Amendment No. 3 agree as follows: 1. Effective as of July 1, 2016, the total amount for the period of November 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 full force and effect. 3. The provisions of this 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 behalf of each of the 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. [SIGNATURES FOLLOW ON NEXT PAGE] - 1 - CITY OF VERNON Kronick Moskovitz Tiedemann& Girard, a a California charter city and municipal California corporation corporation By: 13} Name: William Davis, Mayor Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun. Deputy City Attorney - 2 - 4 ° 4 RECEIVED JUL 0 7 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator c `nf Originator: Isaac Garibay, Director of Human Resources RE: 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 Recommendations 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 i 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. Background The City and the Vernon Firemen's Association ("VFA") concluded labor negotiations on June 15, 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 VFA, which has been reviewed and approved as to form by the City Attorney's Office. Attached as Exhibit A to the resolution is the MOU for the employees represented by the VFA, 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 of 3 Members of City staff and representatives of the VFA 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: • Effective July 9, 2016 (first full pay period in July), the base salary schedule will be increased by 2%. • Effective July 9, 2017, the base salary schedule will be increased by an additional 2%. • Effective July 8, 2018, the base salary schedule will be increased by an additional 2%. • 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 July 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. • A total of 18 employees have been identified to move to step 5 of their salary range, or receive a 5% temporary salary adjustment until they reach step 5 of their salary range, at Which time the temporary salary adjustment shall be removed. • Maximum Educational Incentive Pay shall be adjusted from 6%to 9%. • For any unit employees hired after July 1, 2016, Hazardous Materials Specialty Pay shall only be paid when designated to perform the duties required of the Hazmat Assignment. • For any unit employees hired after July 1, 2016, Urban Search and Rescue (USAR) Pay shall only be paid when designated to perform the duties required of the USAR Assignment. • 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 greater. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. • Effective July 1, 2016, Article 10 regarding in lieu holiday time, and all references to in lieu holiday time shall be deleted. • Regular staffing levels shall be established at 21 (20 VFA members and 1 VFMA member), and minimum staffing for Engineers will be reduced from 7 to 5. • Effective the first full 24-day pay period in July 2016, vacation will be removed from leave inclusions for overtime. • The grievance 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. Page 2 of 3 Fiscal Impact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Vernon Firemen's Association for Fiscal Year 2016-2017 is $561,161. 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 1. Resolution Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Fire Association. Page 3 of 3 RESOLUTION NO . 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 WHEREAS, the Vernon Firemen' s Association (the "VFA" ) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on December 16, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-73 , as amended on June 16, 2015 by Resolution No. 2015-40, approving a Memorandum of Understanding by and between the City and the VFA for the period of July 1, 2014 through June 30, 2016; and WHEREAS, the City and the VFA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of the VFA and the City have agreed to execute a Memorandum of Understanding ("MOU" ) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFA, for the period of July 1, 2016 through June 30 , 2019; and WHEREAS, the City Council desires to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Firemen' s Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed MOU to Dean Richens, President of the Vernon Firemen' s Association. 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zay oussa, Senior Deputy City Attorney 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 4 - EX��"B1� A 40�`� MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON FIREMEN'S ASSOCIATION July 1,20164 through June 30,20196 ® A A ® I TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding....................................................................5 ARTICLE ONE:FUNDAMENTALS Section 1: Recognition..................................................................................................6 Section 2: No Discrimination.........................................................................................6 Section 3: Mutual Cooperation ....................................................................................7 Section4: Layoffs..........................................................................................................7 Section 5: No Strikes or Lockouts.................................................................................7 Section 6: City/VFA Meetings....................................................................................7 Section 7: Association Business ...................................................................................7 Section 8: License Requirement.....................................................................................8 Section9: Payroll Deduction.........................................................................................8 ARTICLE TWO:LEGAL LIMITATIONS,SAVINGS CLAUSE&TERM Section 1: Legal Limitations and Savings Clause..........................................................9 Section 2: Waiver and Term.........................................................................................9 ARTICLE THREE: SALARIES Section1: Salaries........................................................................................................11 Section2: Fire Captains ..............................................................................................I I Section3: Fire Engineers.............................................................................................12 Section 4: Firefighter/Paramedic Coordinator............................................................ 13 Section 5: Firefighter/Paramedic................................................................................. 13 Section6: Firefighter...................................................................................................14 Section 7: Step Advances.............................................................................................15 Section 8: Salary Adjustment Increase ....................................................................... 15 Section9: Bilingual Pay............................................................................................... 16 Section 10: Educational Incentive Pay......................................................... 16 Section 11: Hazardous Materials Specialist Pay............................................................ 16 Section 12: Urban Search and Rescue Specialist Pay..................................................... 17 Section 13: Physical Fitness/Wellness Program.............................................................17 Section 14: Computation of Pay..................................................................................... 17 ARTICLE FOUR:LONGEVITY Section 1: Employees Hired On or Before June 30, 1994............................................18 Section 2: Employees Hired After June 30, 1994 and on or before Dec.312013....... 18 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ............................................................................. 19 Section2: Staffing........................................................................................................ 19 Section 3: Leave Inclusion............................................................................................20 Section 4: Training and Recertification.........................................................................21 Section5: Call Backs ....................................................................................................21 Section6: Jury Duty.......................................................................................................21 Section 7: Non-Compensable.........................................................................................22 ARTICLE SIX: UNIFORMS AND BULLETIN BOARDS Section 1: Uniform Allowance.....................................................................................23 Section 2: Bulletin Boards.............................................................................................23 ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System ........................................................24 Section 2: Supplemental PERS Benefits......................................................................24 Section3: Medical........................................................................................................25 Section4: Cafeteria Plan..............................................................................................25 Section5: Dental...........................................................................................................25 Section6: Vision...........................................................................................................26 Section 7: Life Insurance..............................................................................................26 Section 8: Retirees Medical .........................................................................................26 Section9: Vacation Time.............................................................................................28 Section 10: "In Lieu"Holiday Time...............................................................................29 Section11: Sick Leave...................................................................................................30 Section 12: Bereavement Leave.....................................................................................31 Section 13: Deferred Comp.............................................................................................31 Section 14: Educational Reimbursement........................................................................32 Section 15: Other City Employee Programs...................................................................32 ARTICLE EIGHT:WORK SCHEDULE AND ABSENCES Section 1: FLSA Work Period .................................................................................... 33 Section 2: Work Schedules ......................................................................................... 33 Section3: Shift Trades..................................................................................................33 Section4: Early Relief................................................................................................. 34 ARTICLE NINE:GRIEVANCE PROCEDURE Grievance Procedure Steps ............................................................................................... 35 ARTICLE TEN:DISCIPLINE PROCEDURE Discipline Procedure Steps ............................................................................................... 37 ARTICLE ELEVEN:MANAGEMENT RIGHTS ManagementRights........................................................................................................... 40 SIGNATURE PAGE Signatures .......................................................................................................................... 42 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON FIREMEN'S ASSOCIATION,IAFF LOCAL 2312 Parties to the Memorandum of Understanding Pursuant to Chapter 10(section 3500 et seq)of Division 4,Title I 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 Firemen's Association,IAFF Local 2312(hereinafter"VFA"),and except,as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as"full-time sworn and regular part-time employees in the Fire Department except management and confidential employees,"otherwise known as Chief Officers. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative("MERR")and the VFA,to be submitted to the City Council 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 VFA have agreed that they will jointly urge the City Council 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 MOU. If approved,the terms agreed upon by this MOU shall take effect on July 1,20164,except where other effective dates are specified,and shall expire at midnight on June 30,20196. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED,the VFA and the City of Vernon agree as follows: ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the Vernon Firemen's Association as the exclusive recognized employee organization on behalf of all full-time sworn, non-management personnel engaged in fire prevention, suppression, administration and paramedic services within the City,including,but not limited to,employees occupying the job classifications of Firefighter,Administrative Firefighter,Firefighter/Paramedic,Administrative Firefighter/Paramedic,Firefighter/ Paramedic Coordinator, Administrative Firefighter/Paramedic Coordinator, Fire Engineer, Administrative Fire Engineer,Fire Captain,Regional'training Fire Captain,and Administrative Fire Captain. Section 2: No Discrimination The City and the Association are committed to working together to support a work environment characterized by fair treatment and access to equal opportunities. The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VFA shall discriminate against any individual,applicant or employee with respect to his compensation,terms,condition,or privileges of employment or because of an individual's race,color,sex,religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations,or membership or non-membership in the VFA. The terms"they"and"their"may be used in this agreement as substitutes for the terms"his,""her,""his/her,""he," "she,"or other terms which would indicate masculine or feminine gender.Whenever the male gender is used herein it shall be construed to refer to both male and female employees. Except as limited by the specific and express terms of this Memorandum of Understanding,the Association hereby retains and reserves unto itself all rights,powers,authority,duties and responsibilities conferred on and vested in it by the laws and the Constitution of the State of California and/or the United States of America. The parties specifically agree that neither VFA nor any VFA representative or member shall be discriminated against, intimidated,coerced, disciplined or retaliated against because of the lawful exercise of its or his rights,including,but not limited to,the right to participate in VFA activities,serve as a VFA officer or director,or otherwise represent the interests of VFA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Fire Department and the City. Section 4: Layoffs In accordance with the Meyers-Milias Brown Act,the City and the Association shall meet and confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs,except in emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article II,Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff. The City and the Association agree to a re-opener regarding the Association's bumping rights and procedures. Section 5: No Strikes or Lockouts During the life of this agreement no work stoppages,strikes,or slowdowns shall be caused or sanctioned by the VFA,and no lockouts shall be made by the City. Section 6: City/VFA Meetings Representatives from the VFA and the City shall meet as needed to discuss issues of mutual concern. Section 7: Association Business The VFA will have available 240 hours of Association Leave Time at the beginning of each calendar year for conducting Association business. Representatives of the VFA shall be allowed time to conduct their Association business as necessary during work hours.Representatives of the VFA shall have reasonable access to the work sites of unit employees at any time during the working hours to conduct Association business as long as such visits do not unreasonably interfere with the conduct of the City's usual business and the employee's work. Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for such meetings.Representatives of VFA may use any Fire Department facilities free of charge for its Board of Directors and general membership meetings provided such facility is not otherwise booked.VFA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the facility.The granting of such approval will be made if the City facility is not otherwise scheduled to be used at the time of VFA's request. Association Leave shall be subject to the following requirements and restrictions: A. The VFA President will be responsible for assigning any Leave Time to his board members. Unused hours may not be carried over from one year to the next without the written authorization of the Fire Chief or his designee. B. In each case where Leave Time is requested,such request must be in writing to a battalion chief or above a minimum of 72 hours before the Leave Time is needed unless authorized in writing by the Fire Chief or his designee. C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in writing by the Fire Chief or his designee. D. In no case will Association Leave Time be used for political activity and/or action(s)purposes. No unit employee shall engage in political activity while on duty or in uniform. Section 8: Driver's License Requirement Firefighters of all ranks from captain and below must maintain at the minimum a Class C driver's license with a firefighter endorsement.New firefighters must attain their license within their probationary period.Exceptions to this requirement must be approved by the Fire Chief. Section 9: Payroll Deduction The City shall,during the term of this agreement,effect a payroll deduction for membership dues,service fees and other charges authorized pursuant to an executed form signed by the employee permitting such deductions. Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the treasurer of the Association,or such other party designated in writing by the Association.The City shall not be obligated to put into effect any new,changed,or discontinued deduction until the first pay period commencing not more than thirty (30) days after receiving the request. This provision shall remain operative as long as VFA is the exclusive recognized employee organization of unit employees. ARTICLE TWO LEGAL LIMITATIONS,SAVINGS CLAUSE,AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding(including,but not limited to,the provisions of the Fair Labor Standards Act)and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction,such part or provision shall be suspended and superseded,and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.However,should the invalid or illegal provisions relate to the compensation or benefits of unit employees,the City and the Association agree to meet and confer on alternative compensation or benefit that shall be of substantially equal value for both the employee and the City. Section 2: Waiver of Bargaining and Term The VFA and City of Vernon hereby agree that no changes in this MOU regarding the wages,hours, or other conditions of employment of employees in the classifications represented by the VFA that would take effect prior to the expiration of the MOU shall occur,unless both parties mutually agree to such changes. Each of the parties acknowledges that it had a full and unrestricted right to make,advance,and discuss all matters properly within the scope of the meet-and-confer process in accordance with the Meyers-Milias-Brown Act(Cal. Gov't Code 3500,et.seq.).Except as otherwise provided herein during the term of this Memorandum of Understanding,the parties expressly waive and relinquish the right to compel the other to meet and confer except by their mutual consent with respect to any subject or matter,whether referred to or covered by this Memorandum of Understanding or not,even though each subject or matter may or may not have been within that party's knowledge or contemplation at the time they met and conferred or executed this Memorandum of Understanding. The City reserves the right to add to,delete from,amend or modify the Administrative rules,the City Municipal Code, and the City's Personnel Policies and Procedures manual during the term of the Memorandum of Understanding,subject to the requirements of the Meyers-Milias-Brown Act. If the VFA or City desires to negotiate a successor MOU,either party may serve upon the other a written request between February 1,20196,and March 1,20196. ARTICLE THREE SALARIES Section 1: Salaries beginningEffective the of the pay periodcontaining januaty 1,2015,the following salafy ranges are established fe-Femployeesrepfesente by the V FA based u pen the results of the City wide elass'ficat'on and eemp efisation study t the 75h pefeentile,and eensistent with the proposed grade and step pay plan. Effeetive the pay pe- d ....u...u.. b january 1 2015,\/FA employees shall be piaEe�1-c'!t the---A., -A that elesest +but t lower b than their,uFrent base....1aty. 1)Effective July 9.2016(first full pay period in July),the base salary schedule will be increased by 2% 2)Effective July 9,2017,the base salary schedule will be increased by an additional 2%. 3)Effective July 8,2018,the base salary schedule will be increased by yr additional 2%. Section 2: Fire Captain 1)Effective neeembe2e 201^July 9,2016,(the beginning of the. pefied eentaining T,...uar-. 1 201 cfirst full pay period in July),the base monthly salary of a Fire Captain shall be: Grade 31 Step 1 $8 121.00$-7-,72&-.00 Step 2 $8,527.00114.00 Step 3 $8,954.0052.9:89 Step 4 $8>946.00$9, 000.00 Step 5 $9,393.00871.00 2)Effeetive PoeofnbeF 28,2014J.1.,n9 2017,(the be-gianing�-the-pay pertoR cent :-b 3anuary 1,2015)the shall he ed by I Wlley Grade 31 Step 1 $7,844 O0 Step 2 $8,23600 S*p 3 $8,648-00 cue.,n_� 4 po�00 Step 5 $9,534.00 3)Fffeet;. the beginning of the b _ _ Captain �7�-'T� b b + + shall ne:: se.7d b 1_5 as fa Eby- . nFade 31 S40pz1 �1 $�o��nn Stop-2 $8,360.00 Step 7$Q7vovQnn �vo-�� Step n�$9 216.00 Stop c $n-,677:n vn �p'� -r,- o Section 3: Fire Engineer 1)Effective Dee ..aor 28 2014July 9,2016,(the g januaty 1 2 n,°first full pay period in July),the base monthly salary of a Fire Engineer shall be: Grade 28 Step 1 $6,675.00 7 015.00 Step 2 $7,009 0 365.00 Step 3 $7,360.00734.00 Step 4 $7,728 008,121.00 Step 5 $8,4-1"527.00 2)Effeeti o e neoe ber 28 20114=l)t9 2 17(the beginning of the pay ed eentaining, 1...,,iar 1 2015),thee L Grade 28 Stop ,114.00 Step Z�A7n 00 Step 53)Eff-eetive the bpay periodb Engineer shall oincreased by 15% s follews: Grade 28 Step 1 $6,877.0 Step-2 $7i21.00 Stop 2 $7,58200 Step 44 $awn Step c� $awn Section 4: Firefighter/Paramedic Coordinator 1)Effective Deeeniber 28,`01^JulyJuly 9T2016,(the beginning of the. peFied eentainifig r..nu 2nl sftrst full pay period in July),the base monthly salary of a Firefighter/Paramedic Coordinator shall be: Grade 29 Step 1 $7,009.00365.00 Step 2 $7,360-00734.00 Step 3 $7,72 -.W8,121.00 Step 4 $8,-1-14.00527.00 Step 5 $8,520.00954.00 beginningpay period eentaining januaFy 1, + Grade 29 Step 1 $7 114.00 Stop 7 $7,470.00 Stop Z $7,844.00 Step n $9 236 nn Step 5 $8,648.00 beginning Firefighter/Par....,edio Coordinator shall be inereased by 1 4% s foll ws: r_,.�e�o Step 1 $7,�nw Step 2 $7 582. 0 Step 3 $7,962.00 Step n $8 360 nn w Step 5 $8,778.00 Section 5: Firefighter Paramedic 1)Effective Leeeffi�'� n�.-28,2014July 9,2016, the beginning of the p period 5first full pay period in July),the base monthly salary of'a Firefighter Paramedic shall be: Grade 28 Step 1 $6;67-5-.007,015.00 Step 2 $7,009.00365.00 Step 3 $7,360.00734.00 Step $7,728.008,121.00 Step 5 $8,-114.00527.00 beginning ef the pay pefiedb base monthly salary of a Firefightef Da,-a...edie shall be inereased by 1.5%. Gfmoo 28 Siep lei$6 7 5.00 �e� 1 1 i-nrnoon step 2 -r Ste..3 $7,470.00 Step 4 $844 00 $8 c Step 236 �y�--vo�noon 4 IIF�riei civv—tcrie beginningof th� period eontain i.dy i 2015 july 4 2n14 the base m rithly� laf-y o f., c c�;8���c"' ii.��a��x,� =moo, m-.�-�araa�-vc-a Firefighter Para..,.die shall be ifiereased by 1 5 as fellews Grade 28 Step 11$6 977.000 Step 2 c�nw Step 3 $ cv�nn p Ste n $7, 2 96�F w �oonn Stop c $8 360 nn Section 6: Firefighter 1)Effective December 28,201^July 9,2016,(the h�0�^0^=i.�of ie ga3-peried containing T^. '. , ' ?n l cfirst full pay period in July),the base monthly salary of a Firefighter shall be: Grade 25 Step 1 $5 766,006,059.00 Step 2 $6,05-5 00363.00 Step 3 $6,358.00681.00 Step 4 $6,47-5-.007 0 55.00 Step 5 $7,00"0365.00 _ containingpayper2015 the a thly ala of Cighte shall be ed by 1 5 falle a r-efi Gradp.75 Stop 1 $5 ace nn w St p 3 $6,453.00 Step n Step 5 V,114.0 3)Effeetive the beginningof the pay period eentaining I ] I I0151.7 Q in16 the base"' ^Mil„ l.,r.. f.. fio Firreg.t ha..Il be d 3 1.5%.as follows: Firefighter �n�ca-ccaoe�1r.T- s grade Stop 1 $5,940.00 Step 7 Q.��nw Step 3 $6 cyan no Stop 4 $6,877.00 Stop c $7 2-2 1 nn Section 7: Merit Increase Effective beginning of tL e-pay- e-tiod-eentai-n:•"• ul. 1 7/11 C ..1.. who acoordance with the Ci b�inllii^-v[-xiib b�� , gerfo,...,.nee Evaluation Peliey and.. oa l`.,tt.e Fife Chief have attained o year of satisfaet., serviee4 their immodiatoly b anniveBary date shall veenivv.a 5%,Merit Stop inerease for-the period of july 1,2 threubah—Jrtt>e 0,20167 • L':r,_.f ghter/A.7...inisrratiye Firefighter: After six (6)... .,tJ.s ey£stisfaetefy aft ernpl&yee appointed at Step 1 shall be eligible te,reoeive a salary step inerease te Step 2 ef the pfesefibed sehedule.Eaeh year thereafteF the employee shall be eligible te pregfess to the next highest salary step of the preseribed seheElule.An employee originally appointed te a step ether than Step 1,shall be-e1:..:}.1e t .-,.eetve a step inera-i se ene yeaf after hisPhef appeintment and each year-thereaf .of • All other olasses: Each year of satisfactory service an employee shall be eligible to ross to the next b highest salar., Promotions oF salary inereases to highep grades are merit steps only and shall he availahle tP employees as reeob�o„for satisfaetery serviees of OF OnC(1�� a-c ut-�teSet3`b•"d^.Tt--r -vl-SalaFy-tn£r�aSE wsaid grade shall femain the sele discretien ef the-crcy-cocrrtc-ram 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 rp ecedin classification anniversary date.shall receive one merit salary advance. Effective July 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. The coup of IS Fire Department Employees that were identified will receive a temporary salary adjustment as follows effective July 9,2016: a. Employees currently on Step 2 will advance to Step 3 and receive a 5%temporary y Formatted:Font: Formatted:List Paragraph,Numbered+Level:1+ adjustment. When each individual employee advances to Step 5 based on the terms above Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ regarding merit salary advances the 5%temporary salary alary adjustment will be removed. Aligned at: 0.25"+Indent at: 0.5 .. .. _ Formatted:Font: Formatted:List Paragraph b. Employees currently on Step 3 will advance to Step 4 and receive a 5%temporary salary Formatted:Font: adjustment. When each individual employee advances to Step 5 based on the terms above Formatted:List Paragraph,Numbered+Level:1+ Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ re arding merit salary advances,the 5%temporarysalary alary adjustment will be removed. Aligned at: 0.25"+Indent at: 0.5' FFormatted:Font: Formatted:List Paragraph c. Employees currently on Sty 4 will advance to Step 5. `_ - Formatted:Font: Formatted:List Paragraph,Numbered+Level:1+ Numbering Style:a,b,c,...+Start at:1+Alignment:Left+ Aligned at: 0.25"+Indent at: 0.5" Section 8: Salary Adiustment Increase In the event there is a salary inequity between ranks or between employees within the Department,the Fire Chief with approval of the City Administrator may incorporate a service adjustment increase up to ten percent(10%)per month of their base salary. Section 9: Bilineual Pay A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language,which proficiency would be determined by successful completion of the Cal State Fullerton or other designated foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional One Hundred Twenty-Five Dollars($125.00)per month for bilingual pay. Said payment shall not be considered to be part of the employee's base salary when computing incentive pay. Section 10: Education Incentive Pay • Effective July 1,2016.a11A unit employees hired before July 1.2016,who haves completed theltts initial' Formatted:Indent:Left: 0.25",Hanging: 0.2",Tab stops: Not at 0.2" hire probationary period and who holds a fire science certificate or haves completed the course equivalent thereto(i.e.,30 units of fire science related courses)shall receive an additional sixthre€percent(6-3%)of their base rate of pay per month,of their base salary after satisfactory completion of their performance evaluation period. Unit employees hired before July 1,2016,who have passed their probationary period, and who do not currently hold a fire science certificate or possess the equivalent units as stated above will be given until July 12017 to obtain the fire science certificate or equivalent units. Such employees will be given an additional three percent(3%)of their base rate of pay per month effective July 1,2016. Should the employee not obtain the necessary fire science certificate or equivalent units by July 1,2017,they will no longer be eligible to receive the additional three percent(3%). An employee,at the sole discretion of the Ffire Cehief may be given an additional six months to obtain the fire science certificate or equivalent units. Upon obtaining the necessary fire science certificate or equivalent units, such employee shall begin to receive the additional six percent(6%)of their base rate of pay per month instead of the three percent(3%) in accordance with the terms stated above. Formatted:Indent:Left: 0.45", No bullets or numbering • All unit employees hired after July 1,2016,who have completed the initial hire probationary_period and' f Formatted:Indent Lent: 0.25",Hanging: 0.2",Tab stops: Not at 0.2" who holds a fire science certificate or haves completed the course equivalent thereto Le.30 units of fire science related courses)shall receive an additional three percent(3%)of their base rate of pay per month, after satisfactory completion of their performance evaluation period. • A unit employee who holds an AA or AS Degree in Fire Science or Fire Technology with completion of five(5)years of uninterrupted service with the Fire Department shall receive an additional three percent (3%)per month of their base salary or; • A unit employee who holds a BA or BS Degree in Fire Science or Fire Technology or closely related field with completion of five (5) years of uninterrupted service with the Fire Department shall receive an additional three percent(3%)per month of base salary or; • A unit employee who holds a Fire Officer Certificate with completion of five(5)years of uninterrupted service with the Fire Department shall receive an additional three percent(3%)per month of base salary. • Education incentive pay is cumulative for a maximum of 96%. Section 11: Hazardous Materials Specialist Pay b Unit employees hired before July 1,2016,certified as a Hazardous Materials Specialist shall receive special compensation of one hundred and seventy-eight-dollars and twenty one cents ($178.21) per month above their base pay. The City shall, as all,', expeditiously as pessible,send eaeh unit empleyee te all training neeessary to aehieve aeereditation as a ue Materials Special; '.Said payment shall not be considered to be part of the employee's base salary when computing incentive pay. For any unit employees hired after July 1,2016,all personnel assigned to a Hazardous Materials team/station who are performing the duties required of the Hazmat Assignment, and who have completed required training and possess a valid certification,shall receive$17.82 per shift worked on Hazmat Assignment. Said payment shall not be considered to be part of the employee's base salary when computing incentive pay. Formatted:Justified,Space Before: 0 pt,Line spacing: 1.5 lines,Font Alignment:Auto Section 12: Urban Search and Rescue(USAR)Pay Effective De ;be.28 Ol n (the pay Petiedeantainiii.-,, r 2015),a uni,eem,-4eyeeUnit employees hired before July 1,2016,certified as a USAR Specialist shall receive special compensation of one hundred and seventy- eight-dollars and twenty one cents-($178.21.00)per month above their base pay.The City shall,as eEpeditieusly as possible,send each unit emplayee to all ti;aining neeessai,y to tat;Pn aq-a(JSAR .Said payment shall not be considered to be part of the employee's base salary when computing incentive pay. For any unit employees hired after July 1,2016,all personnel assigned to a USAR team/station who are performing the duties required of the USAR Assignment, and who have completed required training and possess a valid certification,shall receive$17.82 per shift worker on USAR Assignment_Said Payment shall not be considered part of the employee's base salary when computing incentive pay. Section 13: Physical Fitness/Wellness Program This program is mandatory for all fire safety personnel.Any individual who after one(1)year of participation has completed a pre-program fitness evaluation,minimum participation requirements,bi-annual fitness evaluations and verification of participation by the Battalion Chief will receive two hundred fifty dollars($250.00)The Physical Fitness/Wellness program is attached hereto as Attachment"A",and incorporated herein. Section 14: Computation of Pav A. 40-hour personnel Unit-employees assigned to a 40-hour work week shall be paid on an hourly basis.The hourly rate shall be the product of dividing the monthly salary by 173.333.Upon being assigned to a 40-hour schedule an employee's accrued leave shall be reduced by a factor of 1.4 and paid to the employee upon use or separation at the employee's 40-hour regular rate of pay.Upon being reassigned to a 56-hour schedule,all such accrued leave shall be increased by a factor of 1.4. B. 56-hour platoon personnel All Fire Department employees assigned to a fifty-six(56)hour week would be paid a widely fluctuating amount each pay period if they were paid for hours actually worked;therefore,such employees shall be paid for the average number of hours in a two (2) week period, one hundred and twelve (112) hours. Exceptions for leave without pay hours shall be reported and deducted from the average when pay is computed.The"Exception Report"shall be in a form approved by the City Administrator. ARTICLE FOUR LONGEVITY Section 1: Employees Hired On or Before June 30,1994 Upon attaining 5 years of service with the City of Vernon..............................5%above base pay Upon attaining 10 years of service with the City of Vernon. ........................10%above base pay Upon attaining 15 years of service with the City of Vernon.......................... 15%above base pay Upon attaining 20 years of service with the City of Vernon..........................20%above base pay A Captain upon attaining 30 years of service with the City of Vernon..........25%above base pay Section 2: Employees Hired After June 30,1994 and on or before December 31,2013 Upon attaining 5 years of service with the City of Vernon..............................5%above base pay ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work.Where prior written authorization is not feasible,explicit verbal authorization must be obtained. Dispatched calls extending beyond the end of duty time are considered as authorized. A. Policy It shall be the policy of the Vernon Fire Department to honor personnel requests for time off when possible,and distribute overtime opportunities in a fair and equitable manner to all members.It shall be the Department's priority to maintain essential staffing levels when arranging coverage. B. Order of Filling Vacancies Overtime vacancies will be filled by those who have signed up for overtime availability for that day and/or who have been determined by the Fire Chief pursuant to section 2c below to be qualified to fill the vacancy. The individual in the same rank with the least overtime worked that calendar year will have the first opportunity to work the overtime vacancy. In the event the vacancy is unfilled,the same process will be used for those personnel who have signed up as available to work overtime that day who are qualified to act in the rank in which the vacancy exists.If that list is also exhausted and the vacancy is not filled,the person that is not presently working and that is of the same rank as the vacancy with the least mandated overtime worked that calendar year shall be mandated to work the overtime shift. Section 2: Staffine Overtime s will be filled-asr e l..��ssary�,�`d�., ad needs. A. Unless otherwise specified in this agreement,all vacancy back fills will be governed by the administrative directives mutually agreed upon by the Union and Fire Chief Sick Time back F"will beattale-diseretien-ef the FiFe Chief unless and until staffing falls below 214-9(204-9 VFA members and 1 VFMA member) B. Actors can be utilized for purposes of sie]Ftimevacancy back fills including IOD/Light Duty. If there are no qualified actors for siek4im vacancy back fill,it will be back filled with overtime once staffing falls below 214-9(2M VFA members and 1 VFMA member). teF^�is defined as ploy^ �uper-ar-i-l3 S:b flea t .L vrcmTSiTnZr[xvr� C. The Fire Chief and the Vernon Fire Association shall jointly conduct a survey of the twelve comparable cities in the survey market on industry standards used to qualify employees for temporary acting positions in other classifications/ranks{4etw-s). D. in lieu holiday leave ..,1 Kin care leave.�rrirol}•�Z�'euted as sie.. VuFpeses R+ff--� b E. b will be ?OseS Of b' o.1:�....o t:......f tl.e Fire b cticac[�Z'cv�r'onifc-aZic Chief until staff:....fall.1.ele,. 1 n(18[rFA .,. ...l...r..and 1 VFAn A ... ...1..F) a cTneTrrw-rsar�v-r-�-.-�.a- F: Vacancy Back fill will not be required for training drills occurring at leeaiiefls that are 25 of r, fniles €tom-V-rnen-Qt-y-Ralf-oFthat are scheduled to last 12 or fewer hours in duration. Baek-AI will-be-required my for drills O ..b.., �n�t�t....o�FF..rinher-han 25.Hii-les firo..\ef,9on- iIy44a"r last�mere..b tl-rhan 1 c.. 12 hears when Staff:-5-ico.ell fall bolo 19(1 8 N R ...-iveT.rail.�l�lrT��.�1�r'��`Je fflbe.) The minimum staffing for Engineers will be reduced from 7 to 5.G. if a strike team �T staffing baekfi.l ..gy:11 be utilized to return staffing t ffi level f 19(18 FA and 1 VM A in i rr ...,.-) H. Any yacancy'-that t is fesl-- -v�arr-.._.�rrgi@y@C-Lj6i..e vacation leave and„ the staffing o drop below 22 (21 NIFA andTN/FMA),-L...lfilled. Section 3: Leave Inclusions In determining an employee's eligibility for overtime compensation in a 24-day work period,the following paid leaves of absence will be included in the total number of hours worked for the purposes of calculating overtime. Effective the first full 24-day period in July 2016.vacation will be remoernved from leave inclusions for overtime. Paid leaves of absence include: l era.atio.eation 2. Holiday r @ o/I.. iRR r o 3 I. Administrative Leave 4-2_Compensatory Leave 5-3_Workers'Compensation Leave(4850 time) 6-4. Jury Duty 7. Bereavement Leave 8. Military Leave 9. Association Leave Time Section 4: Training and Recertification Time Training and/or recertification time that is required by the then current job description on file with the Human Resources Department or approved in advance by the Fire Chief is compensabee. Section 5: Call Backs Call Back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift.Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of four hours work.Any hours worked in excess of four hours shall be credited on an hour-for-hour basis(at time and one-half compensation)for actual time worked. If the employee is ordered to return to work immediately,his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. Section 6: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided"Jury Duty Pay"and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible,but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty will be required to return to work as soon as they are released from jury duty. All employees shall obtain verification of the hours ofjury duty performed using verification forms as may be supplied by the court.Emplovees shall notify their Supervisor as soon as they are released from jury duty. For the purposes of this section,"released from ituv duty"shall mean that the employee is relieved from jury duty for the day and not required to report for jury duty the following day. C. Except as herein provided,employees shall remit to the City any compensation received from the Court for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee's regular day off shall not be compensated by the city and the employee shall be entitled only to the court's compensation for duty performed on such employee's regular day off. D. If an employee is required to serve on a jury for a period longer than two weeks,the employee shall be entitled,at the employees'option,to use any accrued leave time,other than sick time,during the period of extended jury service. The employee shall continue to receive all paid benefits,and shall continue to accrue eligible leave benefits. Section 7: Non-Compensable A. City Vehicle Use—Unit employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work: B. Clothes/Uniform Changing Time—Unit employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty.Each employee is provided with a locker for his/her personal convenience.Any employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered in a non-unit issue garment such as a windbreaker. Time spent in changing clothes before or after shift, is not considered hours worked and is not compensable in any manner whatsoever. An employee shall be allowed to make off duty presentations without compensation in uniform upon the approval of a chief officer. ARTICLE SIX UNIFORM ALLOWANCE AND BULLETIN BOARDS Section 1: Uniform Allowance On the first pay check in August each year,each unit employee shall be paid the sum of Seven Hundred and Twenty- Five Dollars($725.00)for the purchase of uniforms.A unit employee hired by the City shall receive an initial issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CaIPERS as compensation earnable. The City shall provide all unit employees all required safety equipment,including,but not limited to,work boots. Section 2: Bulletin Boards The City shall provide a bulletin board for use by the VFA at each fire station,provided that any documents posted shall be in good taste and shall riot reflect adversely upon the City or its employees. ARTICLE SEVEN BENEFITS Section 1: Public Employee Retirement System("PERS") The City shall maintain its contract with the California Employees Public Retirement System(PERS)that provides VFA unit employees with the three percent(3%)at 50 safety retirement benefit plan. As a result of the passage of AB 340 Public Employee Pension Reform(PEPRA),new Ca1PERS members hired on or after January 1,2013 who meet the definition of new member under PEPRA,shall be provided a 2.7%at 57 PERS retirement benefit plan. Unit employees hired before July 1,2014 shall be responsible for paying their PERS nine percent(9%)employee's contribution. Unit employees hired on or after July 1,2014 shall be responsible for paying their PERS employee's contribution. Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to VFA unit employees under PERS as follows: • Gov't Code Section:20042—One Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve(12)consecutive months. • Gov't Code Section:20124-Military Service Credit as Public Service: Employees may elect to purchase up to four(4)years of service credit. • Gov't Code Section:21574—4th Level of 1959 Survivor Benefits: • Gov't Code Section:21624&21626&21628-Post Retirement Survivor Allowance: Provides surviving spouse fifty percent(50%)of the amount of retirement allowance,dependent on option choices,that is effect at the time of death of retiree. • Pre-Retirement Option 2W Death Benefit 21548 • Gov't Code Section:20965-Credit for Unused Sick Leave Section 3: Medical, The City offers various medical plans to employees.The City reserves the right to select,administer,or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits listed in this article. Section 4: Cafeteria Plan The City and the Association agree to a section 125 cafeteria plan(non-cash out),effective January 1,2015. 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 plan as outlined in Subsections A,-a+W-B,and C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental,vision,supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. A. For unit employees enrolled in either the RA40 or PPO(non NSA)niedieal plans,the City shall pay up I.-e $4,4-0 pemployeeseligible ..The cost ef any plan selected by the einployee that exceeds $1,100 shall be paid by the empleyee through a pre tax deduetiorrDuring the term of the Agreement,for employees who elect Employee+Family coverage,the City grees 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 plan higher than the Low HMO medical,dental and/or vision,will be responsible for anyapplicable remium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect January 1st of each calendar year of the 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. et- .,tti towards the-east eligibleof the plan fe-ampleyees and ea �rucn npe plan,annaally the City shall make himp sum contributions to a health savings account f91 ews- e i 500 in r,.nu ..,i 0-easy in nrtMa.�,.�•.,. r,, e cost of aan y c,�.1c,-onn�ed "e employee that exceeds $850 shall be paid by the employee through a pre tax payr- aeduet^^.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$1,100 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 fixed during the term of this Agreement. Provided,however,should the total premium cost of the lowest cost 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 thisethese 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' Formatted:Indent:Hanging: 0.5" _ J 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 by the employee through a pre-tax payroll deduction. B-.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 5: Dental The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 6: Vision The City of Vernon provides a vision care plan to employees.The City shall pay 100%of the cost of such a plan for employees only.Employees shall have the option of purchasing vision care for their dependents at a cost of$6.95 for one dependent or$13.95 for two or more dependents.In the event an employee does not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. All itemized benefit amounts specified in the City of Vernon Vision Plan(CVVP)that fall below$150 shall be raised to$150. Section 7: Life Insurance The City provides a life insurance plan to employees.The City shall pay 100%of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee;however,the City shall be obligated to pay the cost or provide said medical,dental,vision,and life insurance benefits as described so long as this MOU remains in effect. Section 8: Retiree Medical Employees must retire from the City of Vernon under a CalPERS 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 HMO medical and dental insurance premium for the employee and his/her eligible spouse in the classifications represented by the Vernon Firemen's Association who have been employed for a minimum of twenty (20) years of continuous service with the City of Vernon. The maximum$1,100 City contribution`hall be applied only toward^eity previded HMO..,.,dieal and dental premium plan payment HMO or PPO medical and dental premium plan and shall have no cash surrender value. Retiree shall be responsible for any amount that exceeds the City Contribution. The City's contribution toward the Retiree HMO 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 100%of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon,not to exceed$1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee 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 uninterrupted service with the City may pay the City's premium cost for medical and dental insurance 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 his/her 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 medical/dental benefit plan shall automatically terminate without the need for further notice. Section 9: Vacation Time A. Annual Accrual For 56-Hour Personnel 9 years or less: 13 shifts(12 hours per pay period) • 10-24 years: 15 shits(13.85 hours per pay period) • 25 or more: 16 shifts(14.77 hours per pay period) B. Annual Accrual for 40 Hour Personnel • 9 years or less: 120 hours(4.62 hours per pay period) • 10-24 years: 160 hours(6.16 hours per pay period) • 25 or more: 170 hours(6.54 hours per pay period) C. Policy A Maximum of 9 platoon personnel per shift shall be permitted off on vacation leave consisting of the following: • Captains- maximum of 2 off per shift. • Engineers -maximum of 3 off per shift • Paramedics-maximum of 2 off per shift. • Firefighters-maximum of 2 off per shift or a maximum of 3 when used in combination with other ranks. D. Cary Over of Vacation Leave Employees are permitted to carry-over one year's annual accrual from calendar year to calendar year.At the end of every calendar year,employees who have accrued vacation hours in excess of their permitted carry- over shall be paid their regular rate of pay of all such excess hours. Vacation Leave Conversion: At the time an employee is transferred to the administrative work schedule,his or her vacation leave balance shall be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the accrued balances by 2.4(example:90 hours of suppression vacation time_2.4=3750 hours of administrative vacation time). Said converted balances shall be available for employee's use while assigned to the administrative work schedule in accordance with applicable policies. At the time an employee is returned to the suppression work schedule,his or her vacation leave balance shall be converted back to suppression hours by multiplying the hours by 2.4(example:37.50 hours of administrative vacation time X 2.4=90 hours of'suppression vacation time). Said converted balances shall be available for employee's use while assigned to the suppression work schedule in accordance with applicable policies. Should an employee separate during the time of their administrative assignment,the accrued balance shall be converted back to suppression hours by multiplying the administrative hours by 2.4 and paid out at the suppression hourly rate. (example:37.50 hours of administrative vacation time X 2.4=90 hours of'srppression vacation time). seetion 10 "In 7'ea"Tx ''a s Unit employees shall be eredited with three(3)24 hear holiday"in lieu"shifts(7-2 hout-s total)per yeaf."In li Formatted:Left,Space Before: 25.5 pt,Line spacing: holidays will be eredited to eaeh employee on eaeh july 1 in whieh h8ishe is an the aetive payroll f the Exactly 12.55 pt,Tab stops: 0.6",Right+ 0.95",Left Depatiment in a elassifteation represented by the NIFA and must be taken priot-to the immediately b july "In lieti"holidays may be taken on dates clesired by the empleyee subject to the needs ef the VeFaea Fir went' Any accrued,unused hour-,shall be paid atregular of pa computed in accordancewith tl,o if the cit.,('.,..ncil .7....:..g the fiscal. .'.7es one or mere additional fielidays to the miseellaneeas employees, . While an employee is b 1) His-er h.�^ TT:ea HEA''day Time balanee shall fefflain en available foease sh, until eh time as he of she ret..m s to the........ 1 ..shodule(56 hetir. erk week) 27lie-ershe shall net-eee.. 3) Hea'rshe shall be entitledto the City's holiday pay for each holidayhe-ot-sbe e-rs-.,---aiariy-sehe4uled4o ,dE a .thy..:zed by the City CE)un,.a A t thin an employee is returned to t�pie work schedule,h: r 1.., ..ded-ItNLie.,14ohday Time shall be reinstated for use or cash cut in arcordanee with the memorandum of b' An empleyee whe quits of is terminated shall not be entitled to any cornpensatiee for"in liett"holidays not ta n unllessr a -nied. Section 10-1: Sick Leave Unit employees only receive sick leave accrual while they are in a paid status. A. Full-time Platoon personnel accrue sick time at the rate of 5.54 hours per pay period(144 hours annually). Upon reaching the cap of 1440, the employee will continue to accrue sick leave provided,however,in the final pay period in December each year all accrued sick leave in excess of 1440 hours shall be cashed in at fifty percent(50%)of the employee's regular rate of pay. Part-time and temporary VFA employees (excluding CalPERS retired annuitants)working,for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one(1)hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status. B. Full-time Morty-hour(40-hour)personnel accrue sick time at a rate of 3.96 hours per pay period(103 hours annually).Upon reaching the cap of 1029,the employee will continue to accrue sick leave provided, however,in the final pay period in December each year all accrued sick leave in excess of 1029 horns shall be cashed in at fifty percent(50%)of the employee's regular rate of pay. Part-time and temporary VFA employees(excluding Ca1PERS retired annuitants)working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one(t)hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status. C. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50%of his/her then current regular hourly rate of pay. D. If an employee retires from the City with at least 15 and less than 20 years of continuous service,he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50%of his/her then current regular hourly rate of pay. E. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100%of his/her then current regular hourly rate of pay. F. An employee who is absent on sick leave for more than one (1)consecutive shift will be required by his or her supervisor to provide a physician(or Chiropractic/Physician Assistant) note in order to be paid for the sick leave. A note is not required for Kin Care Leave. Sick Leave Conversion At the time an employee is transferred to the administrative work schedule,his or her sick leave balance shall be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the accrued balance by 1.4(example:112 hours of'suppressiou sick leave =1.4=80 hours of administrative sick time). Said converted balances shall be available for employee's use while assigned to the administrative work schedule in accordance with applicable policies. At the time an employee is returned to the suppression work schedule,his or her sick leave balance shall be converted back to suppression hours by multiplying the hours by 1.4(example:80 hours of administrative sick time X 1.4=112 hours of suppression vacation time). Said converted balances shall be available for employee's use while assigned to the suppression work schedule in accordance with applicable policies. Should an employee separate during the time of their administrative assignment,the accrued balance shall be converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the suppression hourly rate. (example:80 hours of administrative sick time X 1.4=112 hours of suppression sick time). Section 112: Bereavement Leave A. �Alhen an employee is eampelled te be absent ffena duty by reasen ef death ef efitieal Hiness(whefe' Formatted:Font:Font color:Black,Expanded by 0.1 pt Formatted:List Paragraph,Numbered+Level:1+ brother,death appears imnainent)of a member of the empleyee's inarnediate faFaily(father,rflother, Numbering Style:A,B,C,...+Start at:1+Alignment:Left+ sister,speuse, dernestie partner, ehildi-en, mother- in law, fathet: in law, grandmethef,grandfather, Aligned at: 0"+Indent at: 0.25" grandmother in law, grandfather J- I&OV, A-1—1.4 will be permitted, subjeet te t-l-e—RFe-09ef-s appreval,to a leave of absence with p of Lip to forty eight (48)hours over tw shifts which need not be consecutive. An employee shall not be granted paid B,..-,aver 1eR T-rrc-cc-crvc for mere than 44 hours : an), Fnenth period for the same f...,,:l flnefflbefTermanent full-time employees,regardless of period of service,may in the event of death or if death appears imminent, of any "immediate family member" as defined below, including that equivalent relatives of a registered domestic partner,be allowed up to forty-eight(48)hours over two shifts of bereavement leave without loss of salary. Formatted:List Paragraph,Indent:Left: 0.25" Relative All Regular Employees Formatted Table Spouse 48 hours Child 48 hours Registered Domestic Partner 48 hours Step-Child 48 hours Parent 48 hours Step-Parent 48 hours Mother-in-law 48 hours Father-in-law 48 hours Grandchild 48 hours Step-Grandchild 48 hours Grandparent 48 hours Grandparent-in-law 48 hours Brother 48 hours Sister 48 hours Step-Sister 48 hours Step-Brother 48 hours Dau,gh¢ ter-in-law 48 hours Son-in-law 48 hours Brother-in-law* 48 hours Sister-in-law* 48 hours Formatted:List Paragraph,Indent:Left: 0.25" `Brother-in-law and sister-in-law are defined as the spouse of the ernployee's sibling or the sibling off'" Formatted:List Paragraph the employee's spouse. Formatted:Font:Italic,Font color:Black,Expanded by 0.1 pt Employees will be allowed te atilize their vacation fifne,an),eenipensatef:y time,er any"i.-—eu"holiday fiffie thfft is Ellie b The employee shall fumish satisfiaetery evideaee ef sueh death or erikal illness te the Pife Chief-,if requested. B. The bereavement leave begins on the first regularly scheduled workdayas s requested by the employ' Formatted:List Paragraph,Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left+ If the employee learns of the death while at work,he or she is entitled to leave work immediately;this Aligned at: o +Indent at: o.zs partial day leave will not be counted toward the bereavement leave. C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen. (15) days of employee learning of the death or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be selected b the he Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working _ hours;provided the funeral is held within a reasonable distance of City limits Formatted:Font:Font color:Black Section 12-3:Deferred Compensation The City shall continue to administer the existing 457 deferred compensation program for all unit employees. Section 134: Education Reimbursement The educational reimbursement program is a financial assistance program that offers reimbursements for tuition, fees and books up to a maximum of$2,200 per fiscal year.The fiscal year is July 1 through June 30.Employees are eligible for this assistance after 12 months of uninterrupted employment with the City of Vernon. A grade of "C" or better (or "pass" if on a pass/fail basis) is required for reimbursement. A request for reimbursement must be made within 60 days of receipt of grades and should include the following:a copy of the final grade report,a copy of expenses for tuition,fees,and books;and a completed and signed tuition reimbursement form. Section 145: Other City Employee Programs VFA unit employees are eligible to participate in all City-sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of,but are not limited to,the following: • Buyback of military leave for PERS retirement time—Gov't Code 21024 • Computer loan purchase plan—Resolution-2011-67 • Life insurance • Corrective eye surgery plan—Resolution 2011-65 • Hearing aid device plan—Resolution 2011-66 • Family Medical Leave Act(FMLA) ARTICLE EIGHT WORK SCHEDULE Section 1: FLSA Work Period The FLSA work period for unit employees assigned to a daily work schedule of twenty four(24)hours shall be a fixed and regularly recurring work period of twenty-four consecutive days(576 hours). Section 2: Work Schedules A. Platoon Personnel Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists of two consecutive 24-hour shifts followed by 96 consecutive hours off,on a rotating three platoon basis(A,B& C Platoon).Employees that work such schedule average 56 hours a week and 112 hours per pay period. Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate at 0700 hours following two 24-hour periods. B. 40-Hour Personnel Unit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that consists of four (4)consecutive work days of ten(10)consecutive work hours each,inclusive of paid breaks and an unpaid 30- minute meal period,followed three consecutive days off,each week.Unit employees on such schedule shall be assigned to work Monday through Thursday from 0600 to 1630 hours,unless an alternate schedule is approved in writing by the Fire Chief and VFA. Section 3: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.A shift trade must be pre-approved by a supervisor.The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other(regardless of the reason),the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. "Paybacks"of shift trade are the obligation of the two employees involved in the trade.Pay-backs are to be completed within one(1)calendar year of the date of the initial shift 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 any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and"paybacks"shall be maintained by the involved employees on forms or computers provided by the Department. Section 4: Early Relief The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief.The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief,nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees,and under no circumstances will the Department be obligated for any further compensation whatsoever to any of the involved employees.The Department is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. ARTICLE NINE GRIEVANCE PROCEDURE GRIEVANCE DEFINITION A grievance shall be defined as an allegation by an employee or the Association of a misinterpretation, misapplication or violation of a particular provision of this MOU,City policy,rule or past practice. The grievance procedure shall not be used in connection with an impasse in collective bargaining,nor with disciplinary actions or other matters for which appeal procedures exist under the Discipline and Disciplinary Actions article herein,or pursuant to statute. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. GRIEVANCE PRESENTATION AND PROCEDURES Employees shall have the right to present their own grievance or do so through their Association representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a)identifies the aggrieved, (b)contains the specific nature of the grievance,(c)indicates the time or place of its occurrence,if known,(d)states the article(s)of the MOU, City policy,Rile or past practice which have been violated,misinterpreted or misapplied,(e)indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email,so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission,the City shall notify the employee that all attachments were not included and that the deadline for the Cit,, t�pond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee's grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. Failure by management to respond shall be reported to the Human Resources Director by either the aggrieved employee or Association Representative. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision,and the grievance shall not be subject to further appeal or reconsideration. All time periods specified in this procedure may be extended by mutual written(including email) consent of the aggrieved employee(e),Association representative and the Human Resources Director. INFORMAL PROCEDURE Within twelve(12)days of the date the employee(s)knew or reasonably should have known of the incident giving rise to the grievance,the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure,he/she or their Association representative shall inform the Human Resources Director,within one day of initiating the Informal Procedure,that he/she has initiated the Informal Procedure and the date the informal.grievance was first discussed with his/her supervisor. Within twelve (12) days of the discussion with the employee, the supervisor shall respond in- Formatted:Block Text,Indent:First line: os Space After: writing to the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, 12 pt the employee shall have access to the formal grievance process described below: ,Step One-Battalion Chief Formatted:Underline Alithin eight(8)days of the date the empleyee(s)kneA,or reasenably should have known of the ineident giving rise te the y ..,the o .,leyee(s) er- the A ssoei tion shall the grievanee pro...,.iure h., explaining the rally oF in wfittfig the Battalion Chief of the affee� employee(s). The Asseeiation and/er-empleyee(s)waives the Fight to pfeeeed'with the grievanee i gt—ant Elees not initiate the preeedure by this deadline. After-the presentation of the gFievanee to the Battalion Chief-, the h..11-Riak d t his/her decision sting to the c-rnc�—Sicpe �crt�'E}S4Ai3-�an-�^.r�,ae n-6--.-.rim., �eiation d o .,leyee(s) within ten nm da,�Within the time period referenced above or, if the employee chooses to skip the Informal Procedure,within twelve (12)days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance,the employee(s)or the Association shall initiate the grievance procedure by explaining the situation in writing to the Battalion Chief of the affected employee(s).The Association and/or employee(s)waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline.After the presentation of the grievance to the Battalion Chief, the Battalion Chief shall make a decision and present his/her decision, in writing,to the Association and employees(s)within twelve(12)days,with copies to the Fire Chief and the Human Resources Director. ,Step Two-DevartmentUeadr,ire Chief Formatted:Underline If the Association or employee(s)is not satisfied with the decision of the immediate supefw i e�Battalion Chief,or if the Battalion Chief does not provide a decision within the 129-day timeframe, the grievant(s)shall present the grievance,in writing,to the Fire Chief within twelve€rve(12.5)days of the decision of the iRm:nediat st serBattalion Chief,or twelve€t-ve(125)days from the date the response was otherwise due. The Association and/or employee(s)waives the right to proceed with the grievance if the grievant(s)does not act by this deadline. Within twelveen(12249)days,the Fire Chief,or the designee of the Fire Chief,shall meet with the Association and employee(s)to hear the grievance. Within twelve€i-ve(12-)days of hearing the grievance,the Fire Chief or designee shall present his/her decision,in writing,to the Association and employee(s),with copies to the Human Resource Director and the City Administrator. tjtep Three-City Administrator/Advisory Arbitration Formatted:Underline If the Association or employee(s)is not satisfied with the result of the meeting with the Fire Chief,the grievant may submit a written request,within twelve(12€ive4)days of the written decision of the Fire Chief,the-geie-vant ffkiy-reds that the matter be heard by the City Administrator or designee,or the Association Union may choose to have the matter heard by an impartial hearing officer(arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Association and/or employee(s) within twelveen(120) days of receipt of the grievant's written notice. If the Association and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Association and/or employee(s)waives the right to have the matter heard by an arbitrator. Within twelvefw(125) days of hearing the grievance,the City Administrator shall provide his/her decision,in writing,to the Association and employee(s).The decision of the City Administrator shall be final and binding,subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. If the Association elects arbitration,costs of the arbitration shall be shared equally between the Association and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration,including the court reporter,shall be divided in half(i.e.50/50)by the parties. Attorney fees,staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Association elects arbitration,the City shall request a list of five(5)arbitrators registered with the American Arbitration Association,California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Association's request. If the parties are unable to agree on an arbitrator from that list,an arbitrator will be selected by the parties alternately striking names from the list until only one(1)name remains. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3,of the Code of Civil Procedure of the State of California. Within twelveen(120) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shalt be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. All time limits specified in the foregoing procedure may be waived only by mutual written agreement. ARTICLE TEN DISCIPLINE A. DISCIPLINARY ACTIONS 1. The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,which shall be commensurate with the seriousness of the offense and with consideration of the employee's personnel file. Progressive discipline will be used;however,this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. 2. The following procedures shall be followed when,in the judgment of the Department Director,an employee has committed an actor omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. a. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee's performance evaluation as"does not meet standards" may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee's personnel file. b. Upon the City receiving authorization from the employee,the City will provide the Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that he/she has the right to consult with the Association with regard to the disciplinary action being taken. C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an employee to cooperate with other agencies involved in criminal investigations. If an employee fails to comply with such an order,the employee may be officially charged with insubordination. B. PRE-DISCIPLINARY PROCEDURES Prior to the discipline of any permanent employee,the following procedures shall be followed. This process shall not be applicable to performance evaluations or verbal counseling/reprimands. Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee.Such notice shall include the proposed effective date of the discipline,a statement of the reason(s)for the proposed action,including the rule or standard of conduct allegedly violated,the proposed discipline and the charge(s)being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than five(5)days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing.An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee's version of the facts or new information raises doubts as to the accuracy of the City's information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee's response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action,except that the employee's formal appeal rights shall be stated. Emergencies When,in the opinion of the City,immediate disciplinary action is required to protect the health,safety or welfare of the public, other employees or the employee himself, the employee may be suspended with pay pending the processing of the notices required in Section B of this article,and pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. C. DISCIPLINARY APPEAL PROCEDURES The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations,or verbal reprimands. An employee desiring to appeal the discipline shall have ten(10)days after receipt of final notice of discipline. The employee's request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee's appeal to verify the timeliness of the appeal. If,by the expiration of the(ten)10 day appeal period,the employee does not file the appeal,unless good cause for the failure is shown,the discipline shall be considered conclusive and the right of appeal to have been waived. If the employee files a timely appeal,an appeal hearing shall be established as follows: 1. The employee and the City shall jointly request the State Office of Administrative Hearings to appoint an Administrative Law Judge(ALJ)to hear the appeal and to render a decision advisory to the City Administrator. The City and Association will share equally share(i.e.50/50)the hearing-related expenses such as ALJ fees and court reporter fees,but excluding attorney fees,expert witness(es)and staff time. 2. All appeal proceedings arising under this procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500)of Part 1 of Division 3 of Title 2 of the California Government Code. 3. All time limits specified in the procedure may be waived by mutual written agreement. 4. At the conclusion of the hearing,the AU will submit his/her findings to the City and the employee. Within ten(10)days of receiving the ALFs findings,the City Administrator shall provide his/her decision,in writing,to the employee. The City Administrator's decisions shall set forth which charges, if any,are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator's decision is final,subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. ARTICLE TWELVE MANAGEMENT RIGHTS Except as limited by the specific and express terms of this Memorandum of Understanding,the City hereby retains and reserves unto itself all rights,powers,authority,duties and responsibilities conferred on and vested in it by the laws and the Constitution of the State of California and/or the United States of America;provided,however,if the City's decision to exercise such rights,powers,authority,duties and responsibilities impacts the wages,hours and other terms and conditions of employment of unit employees,the City shall be required to first meet and confer on the impact and effect of such decision. The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively retains its management rights,which include,but are not limited to: A. The exclusive right to determine the mission of its constituent departments, commissions, and boards. B. Set standards and levels of service. C. Determine the procedures and standards of selection for employment and promotions. D. Direct employees. E. Establish and enforce dress and grooming standards. F. Determine the methods and means to relieve its employees from duty for lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. I. Determine the content and intent of the job classifications. J. Determine methods of financing. K. Determine style and/or types of city-issued wearing apparel,equipment or technology to be used. L. Determine and/or change the facilities,methods,technology, means,organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. M. Determine and change the number of locations, relocations and type of operations processes and materials to be used in carrying out all city functions,including,but not limited to,the right to contract for or subcontract any work or operations of the City. N. Assign work to employees in accordance with requirements as determined by the City. 0. Establish and modify productivity and performance programs and standards. P. For just cause only,discharge,suspend,demote,reprimand,withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including,but not limited to,quality and quantity standards, and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. SIGNATURE PAGE CITY OF VERNON VERNON FIREMEN'S ASSOC. Carlos R.Fandino Jr. Dean Richens City Administrator/"MERR" President Isaac Garibay Todd Hewett Director of Human Resources Vice-President William Fox Bryan Dome Finance Director Secretary Lisette Grizzelle Jonathan Flagler Senior Human Resources Analyst Treasurer Joseph Sanchez Corey Hernandez Chief Negotiator VFA Director APPROVED AS TO FORM: Hema Patel,City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. ATTEST: Dated: Maria Ayala,City Clerk RECEIVED JUL 0 7 2016 r,u+°* - CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator r Originator: Isaac Garibay, Director of Human Resources RE: 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 Recommendations 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. Background The City and the Vernon Fire Management Association ("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 Attorney'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 l of 2 Members of City staff and representatives of the VFMA 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: • Effective July 9, 2016 (first full pay period in July), the base salary schedule will be increased by 2%. • Effective July 9, 2017, the base salary schedule will be increased by an additional 2%. • Effective July 8, 2018, the base salary schedule will be increased by an additional 2%. • 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 July 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. • 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 greater. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below$150 shall be raised to $150. • The grievance 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 Impact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Vernon Fire Management Association for Fiscal Year 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 I. Resolution Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Fire Management Association. Page 2 of 2 RESOLUTION NO . 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 WHEREAS, the Vernon Fire Management Association ("VFMA") has been recognized as an employee organization pursuant to the City of Vernon Employer-Employee Relations Resolution (Resolution No. 4027) ; and WHEREAS, on July 15, 2014 , the City Council of the City of Vernon adopted Resolution No. 2014-47, as amended on June 16, 2015 by Resolution No. 2015-41, approving a Memorandum of Understanding by and between the City and the VFMA for the period of July 1, 2014 through June 30, 2016 ; and WHEREAS, the City and VFMA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of the VFMA and the City have agreed to execute a Memorandum of Understanding ( "MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFMA, for the period of July 1, 2016 through June 30, 2019; and WHEREAS, the City Council desires to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Fire Management Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed MOU to David Lazar, Vernon Fire Management Association President . - 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: �k� zay Moussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12 , 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A - ti JVF V� 'kLT I' Faem=W;.ert MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON FIRE MANAGEMENT ASSOCIATION July I,20164 through June 30,20196 FIRE TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding............... ..........................................5 ARTICLE ONE:FUNDAMENTALS Section I: Recognition..................................,,.,..------------------------------------6 Section 2: No Discrimination.—......-....__...-...-.......................................6 Section 3: Mutual Cooperation....................................................................7 Section4: Layoffs ------ -----------------------------------------------............................7 Section 5: No Strikes or Lockouts....................................-_-- .-----7 Section b: City/VFMA Meetings.................................................................7 Section 7: Association Business.............-.......------------------------- --- 7 Section 8: Association Leave..........................__........................................8 Section 9: Driver License Requirement..............................._--------,---------------.8 Section ID: Payroll DL�dUcti1'n._......................................................................8 Sci acin J 1 T-,rr .......................................... ARTICLE TWO:LEGAL LIMITATIONS,SAVINGS CLAUSE&TERM Section 1: Legal Limitations and Savings Clause..............................................................9 Section 2: Maintenance of Existing Conditions....................................................9 Section 3: Modification and Waiver...............----------------------------------------------------------------9 Section4: Sow rwfity------------------------------_............. _..............,..............Its ARTICLE THREE:SALARIES Section L Salaries............................. 2 Section 2: Assistant Fire Chief...............4.,....W....,..... .... .............................................. 11 Section 3: $at6alien Chie€Fire Battalion Chief/Fire ........................ ..............•........ ... 2 Section 4: Fire Marshall..............................................................................12 Section 5: Merit Steps................................................................................ 13 Section 6: Salary Adjustment Increase.......................................................... 13 Section 7: Bilingual Pay..................................................................... 13 Section& Educational Incentive Pay................................................................ 13 Section 9: Chief Officer Certificate—Poor to July 1,2014..................................... 14 Section 10: Chief Officer Certificate—AfterJuly 1,2014....................................... 14 Section 11: Hazardous Materials Specialist Pay................................................... 1.4 Section 12: Urban Search and Rescue Specialist Pay.............................................. 15 Section 13: Physical Fitness/Wellness Program................................................... 15 Section 14: Computation of Fay.................................................................... 15 ARTICLE FOUR:LONGEVITY Section 1: Employees Hired On or Before June 30,1994....................................... 17 Section 2: Employees Hired After June 30. 1994................................................17 ARTICLE FIVE:OVERTIME Section I: Overtime Authorization.................................... ..... ..................... IS Section 2: Compensatory Time..................................................................... 19 Section 3: Compensatory Time Payment upon Termination....................................19 Section 4: Usage of Compensatory Time Earned ............................................... 19 Section 5: Leave Inclusion..................... ........................... 19 Section6: Training and Recertification............................................................20 3 Section 7: Call Backs............... .............. ...................-...-................-.....-.--.20 Section8: Non-Compensable.......... ............................................................20 ARTICLE SIX:UNIFORMS Section 1: Uniform Allowance..................................................--.-----...-.--.-..22 ARTICLE SEVEN:BENEFITS Section L- Public Employees Retirement System.................................................23 Section 2: Supplemental PERS Brnetns—...................................................-...23 Section 3: Cafeteria Plan................................................................ ............24 Section4: Medical...............................,...,.............................,................. 24 Section5: Dental.....................................................................................25 SectionVision..................................................................I--............... 25 Section 7: Life Insurance.............................................................................25 Section 8: Deferred Compensation................................................................. 26 Section 9: Education Rcimd+urs+emcnt.............................................................. 26 Section 10: Other Employee Programs........................................----•................. 26 Section 11: Retiree's Medical.----................................................................... 26 ARTICLE EIGHT:VACATION Section 1: Vacation Time.......... ...... ...... 28 ARTICLE NINE:HOLIDAYS Section 1: "In Lieu"Holiday Time................................................................. 30 Section 2: "In Lieu"Holiday Time—Administrative Personnel. ..................... 30 ARTICLE TEN:SICK LEAVE 4 Section I: Sick Leave..................... .......................................32 I A maund:flan stops i.W.tart. Not at i• Section2: Sick Leave Conversion..................................................................33 ARTICLE ELEVEN—LEAVE BENEFITS Section1: Jury Duty..................................................................................34 Section2: Bereavement Leave..................................................................... 34 ARTICLE TWELVE:WORK SCHEDULE AND ABSENCES Section I: FISH Work Period...................................................................... 36 Section 2: Work Schedules........................................................................... 36 Section4: Shift Trades............................................................................... 36 Section 5: Early Relief............................................................................... 37 ARTICLE THIRTEEN:GRIEVANCE PROCEDURE Grievance Procedure Steps................................................................................ 38 ARTICLE FOURTEEN:DISCIPLINE PROCEDURE Discipline Procedure ....................................................................................... 40 ARTICLE FIFTEEN:MANAGEMENT RIGHTS ManagementRights......................................................................................... 44 SIGNATURE PAGE Signatures....................................................................................................46 5 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON FIRE MANAGEMENT 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-ernployce 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 Fire Management Association, (hereinafter "VFMA"), and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as `full-time sworn and regular pan-time employees in the Fine Department management and confidential employees;'otherwise known as Chief Officers. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative("MERR") and the VFMA,to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may dcem fit and proper. The MERR and the Representative of the VFMA have agreed that they will jointly urge the City Council 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 MOU. If approved,the terms agreed upon by this MOU shall take effect on July 1,20164,and shall expire at midnight on June 30,20196. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED,the VFMA and the City of Vernon agree as follows: 6 ARTICLE ONE FUNDAMENTALS Section I• RlgWqtion The City recognizes the Vernon Fire Management Association as the exclusive recognized employee organization on behalf of all full-time sworn, management personnel engaged in fire prevention, suppression, administration and paramedic services within the City, including, but not limited to, employees occupying the job classifications of Assistant Fire Chief, Fire ire Battalion Chief,and Fire Marshall. Section 2• No Discrmtination The City and the Association are committed to working together to support a worst environment characterized by fair treatment and access to equal opportunities. The provisions of this Memorandum of Understanding shall be applied equally to ail employees covered hereby.Neither the City nor the VFMA shall discriminate against any individual,applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of an individual's race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non-membership in the VFMA_ The terms "they" and "their" may be used in this agreement as substitutes for the terms "his,' "her,' "his/her,""he," "she,"or other terms which would indicate masculine or feminine gender.Whenever the male gender is used herein it shall be construed to refer to both male and female employees. Except as limited by the specific and express terms of this Memorandum of Understanding, the Association hereby retains and reserves unto itself all rights,powers,authority,duties and responsibilities conferred on and vested in it by the laws and the Constitution of the State of California and/or the United States of America. The parties specifically agree that neither VFMA nor any VFMA representative or member shall be discriminated against,intimidated,coerced,disciplined or retaliated against because of the lawful exercise of its or his rights, including, but not limited to. the right to participate in VFMA activities,serve as a VFMA officer or director,or otherwise represent the interests of VFMA. J Section 3• MOMW Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Fire Department and the City and to accomplish goals in their mutual interest. Section 4: Layoffs In accordance with the Meyers-Milias Brown Act,the City and the VFMA shall meet and confer on the effect of its actions to layeffla_ y Off any employee represented by the VFMA. This will occur prior to implementation except in emergency circumstances as defined in law_ The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff. Section 5: No Strikes or Lockouts During the life of this agreement no work stoppages,strikes,or slowdowns shall be caused or sanctioned by the VFMA,and no lockouts shall be made by the City. Section 6• City/VFMA Meeti�s Representatives from the VFMA and the City shall meet as needed to discuss issues of mutual concern. Section 7• Association Business Representatives of the VFMA shall be allowed time to conduct their Association business as necessary during work hours.Representatives of the VFMA shall have reasonable access to the work sites of unit employees at any time during the working hours to conduct Association business as long as such visits do not unreasonably interfere with the conduct of the City's usual business and the employee's work. Coordination of such work will be made with the Fire Chief to ensure the availability of staffing levels for such meetings. Representatives of VFMA may use any Fire Department facilities free of charge for its Board of Directors and general membership meetings provided such facility is not otherwise booked. VFMA shall secure approval from the Fire Chief for the date and time it wishes to secure use of the 8 facility.The granting of such approval will be made if the City facility is not otherwise scheduled to be used at the time of VFMA's request. No unit employee shall engage in political activity while on duty or in uniform- Section 8• Association Leave The VFMA President will have available to him/her a total of 240 hours of Association Leave Time at the beginning of each calendar year for conducting Association business off duty during time he and/or any of his Association board members would be regularly scheduled to work. A. The VFMA President will be responsible for assigning any Leave Time to his board members. Unused hours may not be carried over from one year to the next without the written authorization of the Fire Chief or his designee. B In each case where Leave Time is requested,such request must be in writing to the Fire Chief a minimum of 72 hours before the Leave Time is needed unless the minimum notice period is waived in writing by the Fire Chief or his designee. C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in writing by the Fire Chief or his designee. D. In no case will Association Leave Time be used for political action purposes. Section 9: Driver's License Reauirement Firefighters of all ranks from Assistant Fire Chief and below must maintain at the minimum a Class C driver's license with a firefighter endorsement. Exceptions to this requirement must be approved in writing by the Fire Chief. Section 10: Payroll Deduction The City shall,daring the term of this agreement,effect a payroll deduction for membership dues,service fees and other charges authorized pursuant to an executed form signed by the employee permitting such deductions.Any payroll deductions collected by the City shall be transmitted on a biweekly basis to the treasurer of the Association,or such other party designed in writing by the Association.The City shall not be obligated to put into effect any new, changed, or discontinued deduction until the first pay period commencing not more than thirty (30) days after receiving the request_ This provision shall remain operative as long as VFMA is the exclusive recognized employee organization of unit employees- 9 Section 11: Term [a.l_ Except As otherwise provided herein, this memorandum of l'lidel� ln�shall 6e in full force and effect from July 1, 16_ and shall remain in full force and effect up to and includin midni ht the 30th day of June 2019 or until the next Memorandum of Understanding becomes effective. fbj This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. ARTICLE TWO LEGAL LRMTATIONS,SAVINGS CLAUSE,AND TERM Section I: Leal Limitations and SavmEs Clause It is understood and agreed that this Memorandum of Understanding(including, but not limited to,the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. 1f any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect; Section 2: Maimlena ce of Exigtiul;Conditions Any employment policy, practices and/or benefits, including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein.In the event of a conflict between the Memorandum of Understanding and 10 an existing policy and/or practice, this Memorandum of Understanding shall govern. Section 3: Modil5®tion and Waiver The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the Firefighters Procedural Bill of Rights Act. Section 4• Severability. In the event that a court finds any provision(s)of this Memorandum of Understanding to be invalid or unenforceable,the parties intend that the remaining provisions remain in effect.The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. 1F ARTICLE 3NREE SALARIES Section 1: Salaries Effective the beginning of the pay period containing July 10,20164,the following salary ranges are established for employees represented by the VFMA based upon the results of the City wide classification and compensation study at the 75'"percentile,and consistent with the proposed grade and step pay plan. Effective July 10,20164,VFMA employees shall be placed at the grade and step that is closest to,but not lower than their current base salary. Effectivee July 101 2016(first full may Wriod in July),the base salary schedule will be increased by 2%. b. Effective July 9 2017 the base salary schedule will be increased by an additional 2%. c. Effettive July $, 1$,tla� sciredule will be increased by an additional 2%. reedo ' Air( r 6-4 E feN Ow beg4 tap 5 12 *e€M:FA--i<r HI Fife GMef shall be inefeased by 1:5%as follows: Step2 WAW Step 4 M 5,00 ielie�-Ggief Step 1 S F9,`8T4 Sfap 4- s-,6 S MP!5gin Ic{Qi shr l}e ieogetko j lay 1 �a &AOce si 3 -acac1 Swp:s SOAK Step 1 $8;529 Step 2 $8,94 Step 3 $9,392 Step" $9,863 13 car.-..2.h@ he&- :ten .ca step 5 s io;3 i step i Step i $10.161 Section 5: Merit Steps .1,a I...gmpm;.-of[ -IIF 2kE17r4'd11L3C WIE Laic Mk 48� Efftttiv;�JuIN 91O� 2QI6.employees whq are not at the top step of their Classification Compensation Plan and have a"ne d one.Yew of an ovcral l"satisftu tore-Or higher nerformg evatuatiorl ratinit,a5 of their imy!eWiasely preceding classification anniversary date,shall receive one mesh salgU advance- Effective July 2017 andjbbr- hgs Pl"iMUf.-Qf thts_aereemgnt emtLloytes w[52 are not aS tie 1pJ}_-5tfp of their Classification Compgmatton Plan and who achieve an overall "exceeds standards" ranking during their annual performance review in Cordance with the City's ftrAMhMe Evaluation Polley will eeci3}4 L+ne na:rit salary advaacc on the first Full may period in July. Emaloyccs shall C4[ltjngtIQ receiw�. Jy Dual 0%a]uatinns as,scbdQled in the Citv's Performance Evaluation Pol[a and employexs may reccivc rrwrc than one annual rneri t sal ary advance duri ng the term of t hi g.A 6*ree rnent- Section6: Salary Adiastment Increase 14 In the event there is a salary inequity between ranks or between employees within the Department,the Fire Chief,with approval of the City Administrator,may implement a service adjustment i*x-Rpse up to ten percent(10%)per month of their base salary. Section 7• BOnizaal Pay A unit employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language(the ability to read and write in a foreign language may also be tested, if necessary), -which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department Those employees who successfully demonstrate this skill are eligible to receive an additional One Hundred Twenty-Five Dollars(S125.00) per month for bilingual pay and shall not be considered to be part of the employee's base monthly salary when computing incentive pay. Section S: Education Incentive Pay F1-+�ttirempia+c�wa�j l�ose�re�ae6rd 19i5a'hcrt ini�l hires p€�y prrtod and who heads-�€4ie setatk�e r..eOf eon a ,k$410 . ■ A unit employee wh8 has comolet-ed his initial hire probationary period and who holds a fire science €erti5cate or has tomyleted course equivalent thereto ti.e„ 30 units of fire science related coursesl shall receive an additional three percent n%) per month of their base salary after satisfacto,ry completion of their evaluation period. 15 ■ A unit emolovea who h n AA ipr AC5 E7e in Fire Science or Fire Techno4ogy with completion of five f5l 1ear5 of un�ittrrupted service with the Fire ElFwrtment shall receive an additional three percent(3%)per month of their base salary or; 6 Voit employee whe holds a BA or AS beuee in Fire Science Dr Fire Techrsgl�gr �I�glw related head with completion of Frye(S)years of uninterrupted service with the Fire Department shall receive an additional three percent I per month cf brig calory QF; • A unit ern bo ee who r ith t;etftate w Completion of five 51 years of uninterru Led service with the Fi halj Feceive an additional three parcent 396 per month of base salary- • Education incentive pay is cumulative for a maximum of 6%. I ftimtldc]Gbfied,indent Lett: 0.25-,Kwgnq: 0.2", Space Before: 13.65 pt,Lire spacing: Fxadty 19.05 pt Font Aligns on:Baseline,Tab crops: 0.45',Decimal aligned+Not at ox ■ Should employees reuresemed by the Vernon Fuenven's Association tVFA1 receive across-Ihu - — board enharttements to the exisong Edueadon Incenoye Paw between 7uly I, 2016 aM June .30, darn :Four.gaud,, 2{11�#,a bke enhailcetrienL will be rrvyided to employees repteaertted by the VFMA- Font color:Blade� �- . . - Formatted:Indent:Left: 0.45", No bullets or numben g, Tab stops: 0.2",DeCirnal aged Section 9: Chid C MC*r Certificatte-Etnplo}ees prttrnoted prior to July 1,2014 Effective July 1, 2014, VFMA employees who were promoted to a Fire management position prior to July 1,2014 and hold a Chief Officer Certificate,or have completed cotusework equivalent thereto(i-e-, California State Fire Training Professional Certification Track for Chief Officer)shall receive an annual education incentive stipend in the amount of 52,000.in two equal. semi-annual installments. The first installment of$1,000 shall be paid with the first paycheck in January. and the second installment of $1,000 shall be paid with the first paycheck in July. Seriiun lo: cider Officer Certificate-Em lo,rees prompted an or after J tsltr A. illy Effective July 1,2014,VFMA employees who were promoted on or after July 1,2014 and hold a Chief Officer Certificate shall receive an annual education stipend in the amount of$2,000,in two equal,semi- annual installments. The first installment of S1,000 shall be paid with the first paycheck in January,and the second installment of$1,000 shall be paid with the fast paycheck in July. 16 Section 11: Hazardous Materials Specialist Pay 'Fornulimd:une spaaM: 1.S Ines -- - ~ m minjt January 1 2015 a unit emrgoyee certified as a Hazardous Materials 5peciafrst shall rl ceiv ial rn en tion $qne hundred and seventy-ei¢ht dollars and twenty one cents 5179,211 per morgh abvWe tf.LW;«g v.The_�i# 5hi�11,as ex itiously as possible, send each unit emplowe to all training necessan[#szachieve jmcrej ga Lq.as a Hazardous M aterials Specialist"Said payment shall not be€on sidered to be part of the emyloyee's base s43ary!&+—sri computing incentive pay" FUFrW da t nt SP60 1, 1_ kWW Should employees represented by the Vernon Firemen's Association (VFA) receive across-the board enhancements to the existing Hazardous Materials Specialist Pay between July 1, 20164 and June 30, 201%,a like increase will be provided to employees represented by the V FMA. Section 12: Urban Search and Rescue(USAR)Pay aid . i r 4tal4 s pessi�.kr ineee-pai'= E&Lc ve Oecem ber 28,2014 Wie pay period containing January 1, �0151 a_ltrrit pmphyne perti6ed as a tISAR 5r7ecialist Shall receive special cornoensatipn of pre hundred and sevent"iitht dollars and t+we ape cents iS178"711 per month above their base pay- the City shall, as expeditiously as passible, send each unit employee to all training necessary to achieve accreditation as a USAR Speciarist, Said paymen# !sha Ij.not be considered to be part of the_e oloyee's lazy when cpmoutin�i nvertivg paw. Should employees represented by the Vernon Firemen's Association (VFA) receive across-the board enhancements to the existing USAR Pay between July 1,20164 and June 30,20196,a like increase will 17 be provided to employees represented by the VFMA. Section 13: Physical Fitness/Wellness This program is mandatory for all fire safety personnel. Any individual who after one (1) year of participation has completed a pre-program fitness evaluation, minimum participation requirements, bi- annual fitness evaluations and verification of participation by the Fire Chief will receive two hundred fifty dollars ($250.00). The Physical FitnesslWellness program is attached hereto as Attachment W', and incorporated herein. Section 14: Computation of Pay A. Unit employees assigned to a 40-hour workweek shall be paid on an hourly basis.The hourly I rate shall be the product of dividing the monthly salary by 173333.Upon being assigned to a 40- hour schedule an employee's accrued leave shall be[educed by a factor of 1.4 and paid to the employee upon use or separation at the employee's 40-hour regular rate of pay.Upon being reassigned to a 56-hour schedule,all such accrued leave shall be increased by a factor of 1.4. B. 56-hour platoon personnel Unit-employees assigned to a fifty-six(56)hour work week would he paid a widely fluctuating amount each pay period if they were paid for hours actually worked,therefore,such employees shall be paid for the average number of hours in a two(2)week period,one hundred and twelve (112) hours. Exceptions for leave without pay hours shall be reported and deducted from the average when pay is computed.The"Exception Report"shall be in a form approved by the City Administrator. I8 ARTICLE FOUR LONGEVITY Section 1:Employees Hued On or Before June 30,1994 Upon attaining 5 years of service with the City of Vernon........................5%above base pay Upon attaining 10 years of service with the City of Vernon...........................10%above base pay Upon attaining 15 years of service with the City of Vernim.................. 15%above base pay Upon attaining 20 years of service with the City of Vernon.....................20%above base pay Upon attaining 30 years of service with the City of Vernon an Assistant Fire Chief,8analiewGhiekFre Battalion Chief,or Fire MarshaN........................25% above base pay Section 2:Employees Hired Auer June 30,1994 and before December 31,2013 Upon attaining 5 years of service with the City of Vernon........................5%above base pay 19 ARTICLE FIVE OVERTEVIE Section 1• Overtime Authorisation All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work.Where prior written authorization is not feasible,explicit verbal authorization must be obtained.Dispatched calls extending beyond the end of duty time are considered as authorized. A. Policy It shall be the policy of the Vernon Fire Department to honor personnel requests for time off when possible, and distribute overtime opportunities in a fair and equitable manner to all members. It shall be the Department's priority to maintain essential staffing levels when arranging coverage. B. Order of Filling Vacancies Overtime vacancies will be filled on a rank-for-rank basis by first referring to the List of personnel in the same rank as the vacancy who have signed up for overtime availability for that day.The individual in the same rank with the least overtime worked that calendar year will have the first opportunity to work the overtime vacancy. If that employee does not elect to work the overtime shift, the person in the same rank as the vacancy with the next feast amount of overtime worked that calendar year will have the next opportunity_ This process will be followed until the overtime vacancy is filled or the list of personnel within the same rank as the vacancy is exhausted. In the event the vacancy is unfilled,the same process will be used for those personnel who have signed up as available to work overtime that day who are qualified to act in the rank in which the vacancy exists. If that fist is also exhausted and the vacancy is not filled, the person that is not presently working and that is of the same rank as the vacancy with the least mandated overtime worked that calendar year shall be mandated to work the overtime shift. C. What Overtime Vacancies Will Be Filled a. Any vacancy in the Aattalie*QkietFire Battalion Chief rank that is the result of an employee using vacation leave shall be filled first by a 8etw4ien4E4iefRre Battalion Chief.If a 20 8avalien-�ire Battalion Chief is unable to fill the position then an Acting Battalion ChidF ire Battalion Chief from the established Acting list will fill the position. b. A vacancy that is the result of an employee using sick leave may be filled at the discretion of the Fire Chief. Section I Compensatory Overtime A. For fire suppression employees having an average work week of 56 hours,compensatory time shall accumulate at the premium rate of one and one-half(1 %)hours of compensatory time for each one (1) hour of overtime actually worked in excess of the employee's regular scheduled working hours for a 24 day work cycle. B. For employees having an average work week of forty (40) hours, compensatory time shall be accumulated at the premium rate of one and one-half(1 %)hours of compensatory time for each one (1) hour of overtime actually worked during the employee's regular work week up to a maximum accrual of 480 hours. Section 3: Comueusatory Tone Payment anon Tetminatkm Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination_ Section 4: Usage of Compensatory rme Earned Accumulated compensatory time off may be taken by an employee in the same manner as vacation time as described in Article Eight of this MOU. Section 5: Leave Inclusions A. In determining an employee's eligibility for overtime compensation in a work period,paid leaves of absence will be included in the total number of hours worked.Paid leaves of absence include, but are not limited to,the following: 1.Vacation 2.Holiday Leave 1 In-lieu Leave 4.Administrative Leave 5.Compensatory leave 21 6.Workers'Compensation Leave(4850 time) 7.Jury Duty 8.Bereavement Leave 9.Military Leave IB. Sick Leave-In determining an employee's eligibility for overtime compensation,sick leave shall- Forrtimad:Astlned,Indent Hangi:g: o.s,Line spacing: 1.5 YnPS,Numbered+Lewd:I+NumherN Style:A,B,C,not be included in calculating the total number of overtime hours worked in a 7-d"work week_ +start at I+Alignment:Lett Ngned at: 0.2s+trident at: 6.5' At the time of MOU ratification,the implementation of this provision was still being analyzed. If —the City confirms that calculation based on a 7-day work week is enforceable under the Fair Labor Standards Act, this provision will be implemented after the City provides the VFMA written notice of its confirmation,and a date certain on which this provision will take effect. If this provision is found to be unenforceable,the City and the Association agree to a re-opener to discuss the exclusion of sick leave counting towards overtime within a work week. Formatted:Xsbfed,Ment Left: 0.7,Line VacMg: 1.5 Ines Section 6: Trandw and Ration Time - Training time that is required is compensable. Reeertificatioo time that is directly related to an employee's job will be compensable if completed during assigned work hours or authorized for overtime by the Fire Chief. Section 7: Cal Backs Call Back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift.Call back does not occur when an employee is held over from his/11er prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of four(4)hours work.Any hours worked in excess of four (4) hours shall be credited on an hour-for-hour basis (at time and one-half compensation)for actual time worked. When an employee is called back, his/her work Lime shall be credited commencing upon the time the employer has made direct contact with the employee. Section 8: Non-Comceasable 22 A. City Vehicle Use�Unit employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. B Clothes/Uniform Changing Time—Unit employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty.Each employee is provided with a locker for his/her personal convenience. Any employee may utilize or not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered is a non-unit issue garment such as a windbreaker. Time spent changing clothes before or after shift is not considered hours worked and is not compensatle in any manner whatsoever. An employee shall be allowed to make off duty presentations without compensation in uniform upon the approval of the hire Chief. 23 ARTICLE SIX UNIFORM ALLOWANCE Section 1: Uniforms Allowance On the first pay check in August of each year,each unit employee shall be paid the sum of One Thousand Dollars(SI000.00)for the purchase of uniforms_A unit employee hired by the City shall receive an initial issue of uniforms.Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CalPERS as compensation earnable. The City shall provide all unit employees all required safety equipment, including,but not limited to, work boots. 24 ARTICLE SEVEN BENEFITS Section 1: Public Employee Retirement System("PERS") The City shall maintain its contract with the California Employees Public Retirement System(CalPERS) that provides V FMA unit employees with the three percent(3%)at 50 safety retirement benefit plan_ As a result of the recent passage of AB 340 Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall be provided a 2.7%at 57 CatPERS retirement benefit plan. Unit members identified as CAPERS"Classic Members"shall be responsible for paying their CalPERS nine percent (9%) employee's contribution. Unit members identified as "New Members" under the CalPERS definition as a result of PEPRA shall be responsible for paying their applicable CalPERS employee's contribution. Section 2: Suonlemental PERS Retizvrise+t Benerds The City agrees to provide additional supplemental retirement benefits to VFMA unit employees under CAPERS as follows: • Gov't Code Section:20042—One Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve(12) consecutive months. • Gov't Code Section:20124-Military Service Credit as Public Service: Employees may elect to purchase up to four(4)years of service credit. • Gov't Code Section:21574—4th Level of 1959 Survivor Benefits: • Gov't Code Section:21624&21626&21628-Post Retirement Survivor Allowance: Provides surviving spouse fifty percent(50%)of the amount of retirement allowance,dependent on option choices,that is in effect at the time of death of retiree. • Pre-Retirement Option 2W Death Benefit 21548 25 + Gov't Code Section:20965-Credit for Unused Sick Leave Section 3: Cafeteria Plan Me City and the Association agree to a secxion 125 cafeteria plant (non-cash out). J'16 tivc July I. 2016- The City will adilere io ingafemia &;n reauiretnents in.KQQrdance with IRS Section 125 regulations. The City shall projdc to each cmplmrec in this baraning urtl a manthlr allawartce tOWIW the cost gf WOs r medical plan as outlined in sub.wctions A, B. C. and CH below_ In the evrnt an employce docs not exhaust rw ym ggl Wkr MMINY medical allrlwance, the empooeee shall he Alnwed to a pIX any unused portion towards the tlutrhase of dental, vision.supplcTmrlial or ancillary 01am 4Mf ed throuleh the Cityand UTrOw . by the Director of Human Resources. Section 4• Medical- The City offers various medical plans to employees. The City reserves the right to select,administer,or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Association prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article_ tpe PICH 26 A. During the term of the Agreement.for emplQy wh Filmily€gvera�,e,the agrees to provide a�afeteria..Klan.cn#ributiQn u� Qlie Sgs i aremium casts of the f rnpWee+Family Low Medical HMO,Employee+Farn ft.lowes%wst PRPW PMQ end lowest cost family vksl plan. Employees enrolled in the E mpfoyee+Family health bentfi.;s+ g%wry that elect a health plan hllther than the Low HIND medical dental and2or yi5ipn,.wi 1Lbe responsible for any applicable premium costs throLk&a pre-tax aayroli deductipn, The City understands that this amount will vary based on the premium costs that go into effect on lanuary 1st of each calendar year of the term of this Aureement. If employees opt out of denta I and2or vision.they may use the allotments for those respective coweraRes tc wa rd excess medical premiums. FgrwwkNd-In*":Left: D.T. Na tRk%or au..Oft B- During the term of the Agreement,far ernptoyees who elect Emplovee•Qnly.Emklinyee+spouse and€mplovee+ChUrep tiers.the City agrers to pravi de the same ffat dollar cafeteria contrtyCign for rneOwl, ental aFid Aiyn tsenefrts that the City is paying as of June 2016 for these employee heap h EFovp_tiers- That aM2LP%is 51,i0a per month. t mptotirees who elect one of t hese tiers m„st pay for their dental and vision benft iram this cafeteria ewtribution. The va rt ies understand and tf iAll in fixwf during the rm of this Agreement. Provided hawev r, hp tiptal rni m CRV vf I he lowest opst medical HMO lowest cost Dental DMO,and lowest cost y4sim z_exceed the currlt fl.�!l`AIrr 04AM r:afeteaa contribLtion for medical,dental,and vision benefits fgr arw of the tiers.then the�5ntribvtipn tof that tier will be raised to equal the total premiurn�Qgj of the Law Cost Medirtat HMO lowest cost bents I DMO,and lowest cost vision plan for that tier. Employees that elect a h�a�h plan higher than the a gplicable City contribution will be responsible Far any applicable premium costs through a pre-tax pavroli ifeduction. If emfgoyees oat out of dental andlor visioll,thgy may use the allotments for those respective covQrages trnward excess medical kremiums, I FwmwmW:Gdslt U R- IF. No tatlefs or n a bbwq C- For unit empioyees corgi in the HSA PPO plan.the City shall pay up to the city contribution for them r specific tier as set forth in A and B abase reduced W an annual amount of$1000. In addition for each emplow enrolled in a n HSA PPO nla n,annually the City shall ma kes I u rnp sum cons ti ns to a hea Ith a i it i in]an gary,and S5W each in Mardi June and Septemkc, The A VFQ pWri I m o es that exteeds the City contribution amount shall be paid the ernplQyvg_thCgtlgkk&krg��11�gduction. Finaatted:List Paragraph, No bullets or numbering Formatted:Indent Left: 0.5", No bullets or numbering D- During the term of the Agreement.Emolayees+,d11 be al lowed to apt into the E rnplgyee+ Family Wa n dturenle arnr open enrollment period or upw a Quatifyin¢event as prescribed by the Gt,/s insurance provider. - Forted: Nry t7�t!or nu9 -— 27 C. 1}E. Should employees represented by the Vernon Firemen's Association (VFA) receive across-the board enhancements to the existing medical benefit program between July-1, 20164 and June 30, 20196, a like increase will be provided to employees represented by the VFMA_ I - i Section 5• Dental The City of Vernon offers a dental insurance plan to employees. Employees may apply any unused portion of their monthly medical allowance toward the purchase of dental insurance for themselves and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Should employees represented by the Vernon Firemen's Association (VFA) receive across-the board enhancements to the existing dental benefit program between July 1, 20164 and June 30,20196,a like increase will be provided to employees represented by the VFMA Section 6: - - Vision: ! -MK_�I YITI - The City of Vernon provides a vision care plan to employees.The City shall pay 100%of the cost of such a plan for employees only.Employees shall have the option of purchasing vision care for their dependents at a cost of$6.95 for one dependent or$13.95 For two or more dependents. Employees may purchase dependent coverage through the City by pre-tax payroll deduction and/or applying any unused portion of the City's monthly medical allowance. All itemized benefit arm)urtts s •c iftcd in the City of Ve n V i si CV V p that fal I below~ �:ire RM tP — $150 shall be raised to$150. Should employees represented by the Vernon Firemen's Association(VFA)receive across-the board enhancements to the existing vision benefit program between July 1,20164 and June 30,20196,a like increase will be provided to employees represented by the VFMA 28 Section 7• Life Insurance: The City provides a life insurance plan to employees.The City shall pay 100%of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee;however,the City shall be obligated to pay the cost or provide said medical, dental,vision,and life insurance benefits as described so long as this MOU remains in effect. I Section S• Deferred Compensation The City shall continue to administer the existing 457 deferred compensation program for all unit employees. Section 9: Education Reimbursement The educational reimbursement program is a financial assistance program that offers reimbursements for tuition,fees and books up to a maximum of$2200 per fiscal year.The fiscal year is July l through June 30.Employees are eligible for this assistance after 12 months of uninterrupted employment with the City of Vernon_ A grade of"C"or better(or"pass"if on a pass/fail basis)is required for reimbursement. A request for reimbursement must be made within 60 days of receipt of grades and should include the following:a copy of the final grade report, a copy of expenses for tuition, fees, and books; and a completed and signed tui tton rcimhursr=nt form. Sectionl4: Other City Employee Pro�ams VFMA unit employees are eligible to participate in all City-sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of,but not limited to,the following: • Buy back of military leave for PERS retirement time-Gov't Code 21024 • Computer loan purchase plait-Resolution-201 1-67 • Life insurance • Corrective eye surgery plan-Resolution 2011-65 29 • Hearing aid device plan—Resolution 2011-66 • Family Medical Leave Act(FMLA) • Flexible Spending Account(FSA) Section 11: 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 HMO medical and dental insurance premium for the employee and his/her eligible spouse in the classifications represented by the Vernon Firemen's Association who have been employed for a minimum of twenty (20) years of continuous service with the City of Vernon. The maximum$1,100 City contribution shall be applied only toward a city provided HMO medical and dental premium plan payment and shall have no cash surrender value. The City will pay the cost of the HMO medical and dental premiums for those retired employees with qualifying years of service and age requirements, and offer the PPO as a "buy-up" option, for which qualifying retired employees shall be responsible for the difference in premium cost. The City's contribution toward the Retiree HMO 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 100%of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon,not to exceed$1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee 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 $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value. All retired employees with a minimum of ten(10)years of continuous uninterrupted service with the City may pay the City's premium cost for medical and dental insurance up to the age of sixty-five(65)after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City's supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and maintains Medicare coverage. 30 Should the retired employee fail to pay his/her required cost of the insurance premium for the- _Fo.irutWd:tit rzrayaph,kdMW,t:tie s ,q;1.5Irpm City's medical/dental benefit plan for any three(3)consecutive months or,should the coverage otherwise lapse for any reason other than City's non-payment,then the City's obligation to maintain the retiree's medicalldental benefit plan shall automatically terminate without the need for further notice, EtittiWe retired employees and spouse may opt not to enroll in the CWs medical and/or dental insurance coverage and instead receive a monthly reimbursement#or premiums actually paid tip to the City HMO medical {dental value up to 51,100 per month as permitted by the Public Employee Pension A4orrn Act MPRAI. Once a retbred ernyioy" acts not to enroll in the Chas medical and}or dental insurance.lri�or she wil1 npt b42 allowed to ro-ennAl. AA ether existing Rua lif2rs in Articke Seyim$,Minn 11 shall stay in effect, I Forma ted_Fare:Times new 3tonraa _ 31 ARTICLE EIGHT VACATION Section I• Vacation 75me A_ Annual Accrual For 56-Hour Personnel • 9 years or less: 13 shifts(12 hours per pay prod) • 10-24 years: 15 shits(13.85 hours per pay period) • 25 or more: 16 shifts(14.77 hours per pay prod) B. Annual Accrual for 40 Hour Personnel • 9 years or less: 120 hours(4.62 hours per pay period) • 10—24 years: 160 horns(6.16 hours per pay period) • 25 or more: 170 hours(654 hours per pay period) C. Policy A Maximum of I platoon personnel per shift shall be permitted off on vacation leave. D. Carty Over of Vacation Leave Employees are permitted to carry-over one year's annual accrual from calendar year to calendar year.At the end of every calendar year,employees who have accrued vacation hours in excess of their permitted carry-over shall be paid their regular rate of pay of all such excess hours. Section 2: Vacation Leave—Adminisdytive Personnel At the time an employee is transferred to the administrative work schedule,his or her vacation leave balance shall be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the accrued balances by 2.4(example_90 hours of suppression vacation time_2.4= 37.50 hours of administrative vacation time). Said convened balances shall be available for employee's use while assigned to the administrative work schedule in accordance with applicable policies. At the time an employee is returned to the suppression work schedule,his or her vacation leave balance shall be converted back to suppression hours by multiplying the hours by 2.4(example:37.50 hours of administrative vacation time X 2.4=90 hours of suppression vacation time). Said converted balances 32 shall be available for employee's use while assigned to the suppression work schedule in accordance with applicable policies. Should an employee separate during the time of their administrative assignment,the accrued balance shall be converted back to suppression hours by multiplying the administrative hours by 2.4 and paid out at the suppression hourly rate. (example:37.50 hours of administrarive vacation rime X 2.4=90 hours of suppression vacation time). 33 ARTICLE NINE HOLIDAYS Section l: In Lien Holidays Unit employees shall be credited with three(3)24-hour holiday'in lieu"shifts(72 hours total)per year_ "In lieu" holidays will be credited to each employee on each July I in which hetshe is on the active payroll of the Department in a classification represented by the VFMA and must be taken prior to the immediately following July 1. In lieu"holidays may be taken on dates desired by the employee subject to the needs of the Vernon Fine Department. Any accrued,unused hours shall be paid at the employee's regular rate of pay,computed in accordance with the applicable Salary Resolution of Vernon,in the pay period inclusive of June 30'"._An employee who quits or is terminated shall not be entitled to any compensation for"in lieu"holidays not taken unless previously denied. Should employees represented by the Vernon Firemen's Association (VFA) receive across-the board enhancements to the existing in-Lieu Holidays between July 1, 20164 and June 30, 20196, a like enhancement will be provided to employees represented by the VFMA. Section 2: In-Lisa Holiday T'®e—Administ wive Personnel At the time an employee is transferred to the administrative work schedule,his or her balance of In-Lieu Time shall be suspended and unavailable for use or cash out. While an employee is assigned to the administrative work schedule(40-hour work week)_ 1) His or her In-Lieu Holiday Time balance shall remain unavailable for use or cash out until such time as he or she returns to the suppression work schedule(56-hour work week). 2) He or she shall not receive In-Lieu Holiday Time 3) He or she shall be entitled to the City's holiday 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 returned to the suppression work schedule,his or her suspended In-lieu Holiday Time shall be reinstated for use or cash out in accordance with the memorandum of understanding. In accordance with Resolution No.2012-212,Section 13:In Lieu Holidays,an employee who quits or is terminated shall not be entitled to any compensation for"in lieu"holidays not taken unless previousty denied. If the City Council,during the fiscal year,provides one or more additional holidays to the miscellaneous employees,that shall not affect the number of"in Geu" holidays for the employees represented by the VFMA. 35 ARTICLE TEN SICK LEAVE Section 1: Sick Leave Unit employees only receive sick leave accrual while they are in a paid status. Full-time Platoon personnel accrue sick time at the rate of 534 hours per pay period(1"hours annually).- Formatted:Lne spadnq: Mldpple 0.96 t, No burets or Upon reaching the cap,employees will continue to accrue sick leave provided,however,in the final pay numbering,Tab stops: -0.83%Left+ -0.5',Left+ 0',Left period in December each year all accrued sick leave in excess of 14411 hours shall be cashed in at fifty + t.t3•,Left+ t.tsa',Left+ z 3B',Left+ z.�s•,Left+ P� Y Y -�,Lplt+ szs,Ldt+ 3.75',tit percent (50%) of the employee's regular rate of pay. Part-time and temporary VFMA employees - — — iexc6ding Cal PE RE retired annwtantsi working for 30 or mare days Within a year shall he entitled to accrue paid sick days at the rate of one ill hour per every 30 hours worked. EmpiRgee shall only receive sick leave accrual while they are in a paid status., troraWtt i 1 Fork Q tb Port aaa:Rea Full-time florty-hour(40-hour) personnel accrue sick time at a rate of 3.96 hours per pay period (103 hours annually).Upon reaching the cap,employees will continue to accrue sick leave provided,however. in the final pay period in December each year all accrued sick leave in excess of 1029 hours shall be cashed in at fifty percent(50%)of the employee's regular rate of pay. Part-time and temporary VFMA employees iex[ludinrt CaMERS retired annuitants) working for 30 or mare days within a Year shall be enfared to accrue paid sick days at the rate of one Ell hour per every 30 Hours worked- Ernplovee shall only receive sick leave accrual while they are in a paid status. FonnwUnd:3utbttrd,Lim maow; 1-5'Irm Formatted:List Paragraph,Lat,Line span sin*, No tu"or nurnbutrig A. If an employee separates or terminates employment with the City.they shall be compensated for I matted°ksthW t" 'h o.s•,line spacing: 1.5 tines any accrued sick leave hours at the time of separation up to the cap.Employees that separate from service with more than 20 years of service credit will be compensated at 100% of their current pay rate applied to the first 672 sick leave hours(480 hours for 40-hour personnel)and 50%for sick leave hours after that up to the cap. Employees with less than 20 years of service will be compensated at 50%of their then current pay rate.Employees shall have the option of obtaining service credit for their accrued, unused sick leave hours instead of a cash payment pursuant to California Govemment Code Section 20965. &-—�1r+ V4W i-A ahA@M OM sipli, 1"4v for mom L%M 1WO Ar!aWkdive Jhifl--11aY-1w Formatted:List Paragraph,Left,Line spacing: single. No B. If an employee resigns from the City with ZO years or more of continuous servker he/she will GE bullets or rRontening comp-.en sated for al I unused sick leave hours in h iVhk-r sick leave 4itpk.at the time pf separation at 50%of his/her then current regular hourly rate of pay. [-Formatted:Indent:Left: 0.57, Note>sorountenng 36 Fornotted:List Paragraph,Left,Luce sFadrig: smgle, NO lf i�n ernoloyee reTire5.trom the UtV with at least 15 and less than 20 Years of r:ontinuous+ �b Or' TN _ Formatted:Numbered+Level:1+Numbering Style:A,B, service, he/she will be compensated For al I unused sick leave bourn in hiilher sick leave t?an k_at c, . +Smn at.1+Alignment:Left+Aligned at: 0.2S'+ the ti me of sepatatio,i at 5096 of his131er t he,7 curre re nt gula r hou Indent at: 4.5,Tab sbX*: 0.25,Decimal aligned rly - D. !f an iMF)IOV2e rikides frOrn LM City with 24 or more years of contin^t5 service, h fshe wfIl be" Formatted:Numbered+Level:1+Numbering Style:A,6, C, "+Start at:1+Alignment:Left+Aligned at: 0.25'+ eornae nsati�d fOr a 11 un used sick leavig—hpurj in hisllrer dick!r:43ye bank at the time of Separation Indent at: 0.57,Tab stops: 0"25,Decimal i8gnecl at 100%of his/her then current red ular hourly rate of pay. E" An am I ee who i5 ab n sick hMVQ kw ffWe ttian one 1 €onsecutKw shift will be- Formatted:Numbered+Level:I+Numbering Style:A,B, C, . +Start at:1+Alignment:Left+Aligned at: 0.25"+ required by his ar herrsuuervimW tp provide a physician (or Chiropractic{fhvsieian Assistant} Indent at: 0.5" rlbte in Order to be Oidr - k leave. Fo r#ttyp;L K**Uft C.S. W bidets o<nuiroDenry Should employees represented by the Vernon Firemen's Association(VFA)amend their MOU contract language regarding Sick Leave between July 1,20t64 and June 30,20196,the City and the VFMA agree to amend the VFMA MOU to incorporate such changes. Section 2: Sick Leave Conversion At the time an employee is transferred to the administrative work schedule,his or her sick leave balance shall be converted from the suppression work schedule rate to the administrative work schedule rate by dividing the accrued balance by 1.4(example:112 hours of suppression sick leave =1.4=&0 hours of administrative sick time). Said converted balances shall be available for employee's use while assigned to the administrative work schedule in accordance with applicable policies. At the time an employee is returned to the suppression work schedule,his or her sick leave balance shall be converted back to suppression hours by multiplying the hours by 1.4(example:80 hours of administrative sick time X 1.4=112 hours of suppression vacarion rime). Said converted balances shall be available for employee's use while assigned to the suppression work schedule in accordance with applicable policies. 37 Should an employee separate during the time of their administrative assignment,the accrued balance shall be converted back to suppression hours by multiplying the administrative hours by 1.4 and paid out at the suppression hourly rate. (example.W hours of administrative sick time X 1.4= 112 hours of suppression sick time). 38 ARTICLE ELEVEN LEAVE BENEFITS Section 1: Jury Date A. All regular full-time employees summoned to serve on jury duty shall be provided"Jury Duty Pay"and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty will be required to return to work as soon as they are released from jury duty. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court Employees released from their jury duty obligations shall notify their Supervisor. For the ptnposes of this section."released from jury duty"shall mean that the employee is relieved from Jury duty for the day and not required to report for jury duty the following day. C. Except as herein provided,employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee's regular day off shall not be compensated by the city and the employee shall be entitled only to the court's compensation for duty performed on such employee's regular day off. D. If an employee is required to serve on a jury for a period longer than two weeks,the employee shall be entitled,at the employees' option, to use any accrued leave time,other than sick time, during the period of extended jury service. The employee shall continue to receive all paid benefits,and shall continue to accrue eligible leave benefits. Section 2: Bereavenwat Leave ttpp+ -i•I*w&rgeru#of-a . . - 39 r may.. tt s 89RSe�ir� Permanent fulimunrie ernOaoes, rewdless of veriod of se rn in thg event of death or if death aonears imminent, of any "irnrna-diate Farnlhr member" as defin€d I?ef1w, inrluding the equivalent rekatigri of a registered damestir partner, be allowed Lill to fort7�eight 1481 hours over two shiftf. of bereavement leave without loss of salary. An employee shall not be granted paid Bereavement Leave for more than 48 hours in any six-month period for the same family member. FYmatted;lydenL Left: 0 t4PphVmr 02F Relative All Regular Employees SpOuse 48 hours Child 48 hours Registered Domestic 48 hours Partner Step-Child 48 hours Parent 48 hours Step-Parent 48 hours Mother-in-law 48 hours Father-in-law 48 hours Grandchild 48 hours Step-Grandchild 48 hours Grandparent 48 hours Grandparent-in-law 48 hours Brother 48 hours Sister 48 hours Step-Sister 48 hours Step-Brother 48 hours Daughter-in-law 48 hours Son-in-law 48 hours Brother-in-law* 48 hours Sister-in-law' 48 hours *Brsiher-in•fnw and sister-immlaw are deferred as the spnuae of the eug4orce.;s;s ►+ sibling of Me employee's spouse. P_ The bereavement leave begins on the first regularly scheduled workday as requested by the ernhloyeMb.If the employee learns of the death while.at.wyrkL he skr i er1[ Led#�tea+re wgrk Immediately;this partW day leave Yvill not be counted towards the bereavement 40 C. Bereavement heave must be aghorWW U the PMftment head and must be utilized within fifteen 15 days of emplovim INming of the jWh, of the date of foreseen i mmi nent death of the im mediate famil 1 i um tans s reig u,re tha t the leave begin at a hater date.Sueh Y-eQuests to the Fit h II W made within is dayi of the em to ee heamjnq.of the death or of the date of foreseen krrFonent death and shall Fiat he unreasonah denied. 0. Representatives may be selected by the Departme! hid�0 attend with pav t he funeral of a - Fonowdeid:List Buket,left,Indent test: Cr,ttarglrg: t o•warker in said deaartment on behalf of t he City if the_Ix &LO-9�eased co-v!w ker o.s,space After: 12 pt tine spacing: pnc4le -- occurs dt,r;n¢warkkttt#lours;provided the funeral is held vwfthin a reasana ble distarwe of Oki _ linti' 9-. t F manM*f4r�Ca a Employees will be allowed to utilize their vacation time,any compensatory time,or any'tin lieu"holiday time that is due to the employee,in order to lengthen such bereavement time. The employee shall furnish satisfactory evidence of such death or critical illness to the Fire Chief, if requested. 41 ARTICLE TWELVE WORK SCHEDULE Section 1: l'LSA Work Period The FLSA work period for unit employees assigned to a daily work schedule of twenty four(24)hours shall be a fixed and regularly recurring work period of twenty-four consecutive days(576 hours). Section 2: Work Schedules A. Platoon Personnel Unit employees assigned to a 56-hour work week shall work a 48/96 work schedule that consists of two consecutive 24-hour shifts followed by 96 consecutive hours off. on a rotating three platoon basis(A. B&C Platoon)_Employees that work such schedule average 56 hours a week and 112 hours per pay period. Unit employees assigned to work a 48/96 schedule shall begin work at 0700 hours and terminate at 0700 hours following two 24-hour periods. B. 40-Hour Personnel Urtit employees assigned to work a 40-hour work week shall be assigned to a 4/10 schedule that consists of four(4)consecutive work days of ten(10)consecutive work hours each,inclusive of paid breaks and an unpaid 30-minute meal period,followed by three consecutive days off,each week. Unit employees on such schedule shall be assigned to work Monday through Thursday between the hours of 07600 to 1730 hours,unless an alternate schedule is approved in writing by formatted:Not mNh6pt the pare Chief and VFMA. Section.3: Shut Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade, nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. 42 If one individual fails to appear for the other(regardless of the reason),the person who was scheduled to work as a result of the shift trade will be listed as absent without leave and may be subject to discipline. Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation.Any hours worked beyond the normal work day will be credited to the individual actually doing the work."Paybacks"of shift trade are the obligation of the two employees involved in the trade. Pay-backs are to be completed within one(1)calendar year of the date of the initial shift 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 any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.A record of all initial shift trades and"paybacks"shall be maintained by the involved employees on forms or computers provided by the Department. Section 5: Early Relief The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief.The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief,nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks"of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees,and under no circumstances will the Department be obligated for any further compensation whatsoever to any of the involved employees.The Department is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. 43 ARTICLE THIRTEEN GRIEVANCE PROCEDURE Vernon has adopted a grievance procedure applicable to all Firefighters containing the following principles: A grievance shall be defined as an allegation by an employee or the Association of misinterpretation,misapplication or violation of a particular provision of this MOU.City policy, rule or past practice. The grievance procedure shall not be used in connection with an impasse in collective bargaining,nor with disciplinary actions or other matters for which appeal procedures exist under the Disicipline and Disciplinary Actions article herein,or pursuant to statute. DAYS "Days"as used herein shall be defined for the purposes of the Article as any day in which-City Hall of the City of Vernon is open to the public for the general conduct of business.. GREEVANCE PRESENTATION AND PROCEDURES Ef)nlavees she bavc the ri hg t to present thei r own trie vanoe or do su tltrou7h their Association representative. Gri cvances shall be piacessed on standard forms Invided by the Department of R4!1 Resources and shpil contain information which a Went]fles ftgttitricve�d.fb)c�n[ainsthe spet-ific risture of the grieva=,(c)ink} jtcs chc tirne or place of its ocou rm nee,i f known_(d] states the artiel,t )f the MOI'_[,City policy,rule of past Vra{`jce which have been violated. ML�mliir,xul;utcdorrni lied a indicate contacted at the inloemal stage,if ]icable and t tate cCttr-'tive action desired. Gdoy ees MaLt2.$Ltb acd via email. t crnp1fjvcc attaches the grievan ernail by tlx uired time li crnplo= includes at wh=n[s to the e%ance form and di-nFe attach MgOU are not included in th", amml iyr iti-perwn submission the Cit�wh ft Cn-VjoyCe that al] q=hfMFktS nut included wvd that the City to respgnd to the grieva w" in to run until all the attachments are received. I~ail u emrnt to rc ]y to the.c lovee' w -,e within the time limits s ei fled wommics3 ly grants to the etr I ri ght to roc-ss the grievance to ft rbext it:wel, Failure by manawmnuo resooTed shall be reported to the Hunan Resources Dirucior by either the aMrievt d employee or As o appeal from one level ter 1�t�rwX1 within the time linvts established in this xrievan" progdure"the grievance shall be considered settled an the basis of Lhc last decision.and the r,rie�am4e_sha[] not lx.subject to further appeal or reconsideration- 44 _III Ii3ne peri;sxls.specified in this 2rgpM�Vre may be extended by.mutual written{including email} consent of the Mgnevcd emyloyice{c),Association rcptt nniativc and the€oman Re�W. Kes Director. INFORMAL PROCEDURE W ithill elaht tS)days of the date the efnployeefs}knew or reasonably should have known of the incident givin g rise to the g ievancx,the c mpIL)Ycc may discuss the corns€aini with hislhrr iggpt diate supervisor, Employees are Encouraged to discuss complaints with their immediate superwi wr in an atternpl to rcwl vc the xrjcvance al t hw €mesl IwssiblC.StL An erroloym,4t his or her sQk disc JaOq,rug on;_kg�skio .1tlfLVnW Procedure resolution pra�and instead go directly to Step One_ If an erne€oyee chooses to procwd with the i a iv L hall infgr_rn the Human kesourees Director,within one day of initiating tic Informal Pnxredure,that hclshc has initiated the fnformaall procedure and the date the informal grievance was first dimnswd with hislwr supervisor. With n eighi CS)flays of the discussion wish IN,cFWIp V,Ihe supc +jSOr 11 resipond in.wrilin to the employee's complaint. If the emp€oyee is dissatisfied or if the supervisor fails to nasp , the employee shall have xcess to the form4l grievance yrcxt'ss dr&k�ibed krclow Step One—Department Head The awr aved employee shall Present In writing as arescri bed ab&m his{her aneva nces to the Fire Chlef within ten i1f]1 days of the date the emoivyealsi knew or reasonably should have known of the incident -Riving rise to the grievance_ The Associatiors and/or emplaveefs) waives the right to Proceed with the grievance if tale grievant does not initiate the p rocedure by this d4ndline. within ten f 1ol days,t1,e F it Chief, ar the designee of the Firr Chief, shall meet with the Association and ernOaveet5l tv hear the grievanqg. Whin eight�$1 ditws. f.hganjrk,&h FLrp tfie Firs Chief gr Ogsignee.$hall pre5W% higher decision,in writing. Io the Association and/or emptayeefsl with copies to the Human Resources Director and the On Administrator. If the union or emolayi efsl u trot satisfied with the result of the meet ing with the Department Oir ,or, the grievant may wbmit a written reguast, within 2i¢ht IaI days of the written decision of the lament.Dirt'gprth L the master be.ir rji _Xhe y.J4 ministrator qr¢esip4nge. Step Two-CMy Administrator/Advisory Arbitration if the Association or emmloweeisl is not sausf;cd with the result of the mming with the Fire Chief,within eight f81 days the grievant may submit a wri en,request,within E iJght f81 days Of the written der liDn 45 of the t] partment Head.t#tiat It&mat#er be heard by the City Administrator or designee,or the emmu!Rvee(s)and{_gr_Association may€noose to have the matter heard by an impartiat hea ring affwer (arbitrator). 5ho4A the matter be submitted d)reetly to the City Administrator or desigrigZ hg6ft, gRil meet vAth the Association afid{or ernplovee(sl within ten t 10 days of rgr&iot of the grievant's writterinotie2. if the AssaciaSm and/or emplow"(s l elects to have the matter beard 6v the ItyMministq1toror deskftnee,the Assaciation and/or emalbsrp,_qjsw;�ives the Fight to have the matter heard by an arbitrator. Wit(iin - h b3l 4yr,of h ri #he evince the Crt Administrator shall rovidle his her dedMcm,in wjn%ing,rn r Associationandlor employefis),The decision of the City Administrator shall be final and binding. If;be_A&spciation etects arbitration,costs of the arbitration shalt be shared equally between the Action and the City, A court reporter shall be retained only W mutual consent of the parties. The costs of the arbitration,including the court reporter,Shall he divided in half ti-e.5CV501 by thepmies. Anornew Fees.staff time and witness fees sha Il not he sha*between the parties and$hail be paid by the party that incurred the cost. IF the A�sacaatign el .f.i�r _LrAign.Yhit"y shall request a fist of five(51 arbitrators reelm-red witb the AmieO4. n�AritriSign Association,Calfomia State Conciliation Service or Lorne other mutually agreed upon Lau rce within test(101 days of the Asso6at ion's request. Upon receipt of the list,th?Rartie$shah akternateN strike names from the Ilst u ntll a final name is seb�as r hg 13�aringafi5cer,with the Association striking first. The selfcted arbitrator shall lame a5,the hearing officer. Alf arbitration proceedings arising under the i+,rievance nM:g-ft�e avYerned bM the pro%isions of Title P3Part.3 of the Code of Civil Procedure of the State of Califomia. Wahin to 101 days of receipt of the arbktrator's recomnxndatlon.the lily Adm inistrajpr;tea II provide hWi er decision,in writing,to the Association and emaloveel s k..The recommendation of an arbitrator shall be advisory to the City+tdm Mistrator Dr design ee. The decision of the City Admi n istrator sha II be final and binding. All im limits Specified in the Fofegoing procedure may be waiw2d only by mutual written 3greerrkent 46 Should crnployees represcraed by the Vernon Firemen's Association WFA1 ank-M their MOU cti20d'aci Iantttsa=jvjzaNirls, Grievance PrmcAures bclwmn July 1, 2016 and Jurw 30,2019, thu City and the VFMA agree to amend the VFMA MOU to incorporate such changes. Rep 1 Deparbaeni Read ae the a% da!`s Step Two City 4-dm-hn6m-pa-$F-lt--.�-4-d%-isery Arb-itnties Ai,saasie Ana G" ! -hw',eear Ae e€ --4u ; ail t*4jji%-kk4afl• A Ramey 4�5EiRfiF -and wiwas64fees 47 Amefie"Afbit r Am�m prO++i�e final and 61ndiRg: 48 ARTICLE FOURTEEN TEN DISCIPLINE PROCEDURE A. DISCIPLINARY ACTIONS 1. The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee's personnel file. Progressive discipline will be used;however,this does not preclude the City from taking disciplinary action,up to and including termination,for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. 2. The following procedures shall be followed when,in the judgment of the Department Director,an employee has committed an act or omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. a_ Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee's performance evaluation as "does not meet standards" may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible,performance deficiencies or other causes for discipline will be documented in the employee's personnel file. b. Upon the City receiving authorization from the employee. the City will provide the Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that he/she has the right to consult with the Association with regard to the disciplinary action being taken. C. Nothing in this article shall preclude the Fire Chief or his/her designee from ordering an employee to cooperate with other agencies involved in criminal investigations. If an employee fails to comply with such an order,the employee may be officially charged with insubordination. 49 B. PRE-DISCIPLINARY PROCEDURES Prior to the discipline of any permanent employee,the following procedures shall be followed. This process shall not be applicable to performance evaluations or verbal counseling/reprimands. Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee.Such notice shall include the proposed effective date of the discipline,a statement of the reason(s)for the proposed action. including the rule or standard of conduct allegedly violated,the proposed discipline and the charge(s) being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Emtslovee R nsdPre-Disdolimtry Coaf6mwe The notice of proposed action shall state the date by which the employee must exercise the right to respond orally,in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that helshe believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing.An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee's version of the facts or new information raises doubts as to the accuracy of the City's information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee's response,or in the absence of a response,written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same 50 information contained in the notice of proposed action,except that the employee's formal appeal rights shall be stated. Emersrencics When,in the opinion of the City,immediate disciplinary action is required to protect the health,safety or welfare of the public,other employees or the employee himself,the employee may be suspended without pay for up to five(5)days pending the processing of the notices required in Section B of this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.If the charges and/or allegations are not sustained,the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension, demotions and discharges shall include interest as set by Civil Code§§3287 et.seq. C. DISCIPLINARY APPEAL PROCEDURES The appeal process shall not be applicable to newly hired probationary employees. The appeal process shall not be applicable to performance evaluations,or verbal reprimands. An employee desiring to appeal the discipline shall have ten(10)days after receipt of notice of discipline. The employee's request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee's appeal to verify the timeliness of the appeal. If,by the expiration of the(ten) 10 day appeal period,the employee does not file the appeal,unless good cause for the failure is shown,the discipline shall be considered conclusive and the right of appeal to have been waived. If the employee files a timely appeal,an appeal hearing shall be established as follows: I. The employee and the City shall jointly request the State Office of Administrative Hearings to appoint an Administrative Law Judge(AL.i)to hear the appeal and to render a decision advisory to the City Administrator. The City and Association will share equally share(i.e.50150)the hearing-related expenses such as AU fees and court reporter fees,but excluding attorney fees, expert wimess(es)and staff time. 51 2. All appeal proceedings arising under this procedure shall be governed by the provisions of Chapter 5(commencing with Section 11500)of Part I of Division 3 of Title 2 of the California Government Code. 3. All time limits specified in the procedure may be waived by mutual written agreement. 4. At the conclusion of the hearing, the AU will submit his/her findings to the City and the employee. Within ten(10)days of receiving the ALJ's findings,the City Administrator shall provide hisfier decision,in writing.to the employee. The City Administrator's decisions shall set forth which charges,if any.are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator's decision is final.subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 10945 and 1094.6. Should employees represented by the Vernon Firemen's Association(VFA)amend their MOU contract language regarding Discipline Procedures between July 1, 20164 and June 30,201%, the City and the VFMA agree to amend the VFMA MOU to incorporate such changes. 52 ARTECLE FEFTEEENT MANAGI NUW RIGHTS Except as limited by the specific and express terms of this Memorandum of Understanding, the City hereby retains and reserves unto itself all rights,powers,authority,duties and responsibilities conferred on and vested in it by the laws and the Constitution of the State of California and/or the United States of America;provided,however,if the City's derision to exercise such rights,powers,authority,duties and responsibilities impacts the wages, hours and other terms and conditions of employment of unit employees,the City shall be required to first meet and confer on the impact and effect of such decision. The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively retains its management rights,which include,but are not limited to: A. The exclusive right to determine the mission of its constituent departments,commissions, and boards. B. Set standards and levels of service. C. Determine the procedures and standards of selection for employment and promotions. D. Direct employees. E. Establish and enforce dress and grooming standards. F. Determine the methods and means to relieve its employees from duty for lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. 1. Determine the content and intent of the job classifications. J. Determine methods of financing. K. Determine style and/or types of city-issued wearing apparel,equipment or technology to be used. 53 L. Determine and/or change the facilities,methods,technology,means,organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. M.Determine and change the number of locations,relocations and type of operations processes and materials to be used in carrying out all city functions,including,but not limited to,the right to contract for or subcontract any work or operations of the City. N. Assign work to employees in accordance with requirements as determined by the City. O. Establish and modify productivity and performance programs and standards. P. For just cause only, discharge, suspend, demote, reprimand, withhold salary increases and benefits,or otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including, but not limited to, quality and quantity standards,and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. 54 op SIGNATURES CITY OF VERNON VERNON FIRE MANAGEMENT ASSOCIATION Carlos R.Fandino Jr. David Lazar City AdministratorP'MERR" President Isaac Garibay David Kimes Director of Human Resources Vice President Lisette M.Grizzelle Andrew Guth Senior Human Resources Analyst Treasurer William F.Fox Todd Painton Director of Finance/City Treastuer Secretary Ana K.Rueda Human Resources Analyst APPROVED AS TO FORM: Zaynah Moussa Deputy City Attorney Dated: 2016 APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. ATTEST: Dated: Maria Ayala,City Clerk 55 L L :r RECEIVED JUL 0 7 2016 STAFF REPORT cry CLEWS ME CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator Originator: Isaac Garibay, Director of Human Resources RE: 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 Recommendations 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; and 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. Page 1 of 3 Backeround The City and the City of Vernon 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: • The term of the MOU shall be extended to June 30, 2019. • Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees). • 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). • Effective July 1, 2014, sick leave shall not count toward time worked for purposes of calculating overtime. • 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 July 2017 and for the remainder of the 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. • 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 $1,165 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. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. • 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 Page 2 of 3 not to enroll in the City's medical and/or dental insurance, he or she will not be allowed to re-enroll. It is recommended that City Council approve Amendment No.2 to the 2014-2017 VPOBA MOU, which has been reviewed and approved as to form by the City Attorney's Office, to incorporate the above-mentioned changes. Fiscal Impact The approximate cost to adopt Amendment No. 2 to the 2014-2017 Memorandum of Understanding between the City and the Vernon Police Officers' Benefit Association for Fiscal Year 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 1. Resolution Approving Amendment No. 2 to the Memorandum of Understanding by and between the City of Vernon and Vernon Police Officers' Benefit Association. Page 3 of 3 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2017 WHEREAS, the Vernon Police Officers' Benefit Association ("VPOBA") has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on September 16, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-57 approving a Memorandum of Understanding ("MOU" ) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPOBA, for the period of July 1, 2014 through June 30, 2017; and WHEREAS, on June 16, 2015, the City Council of the City of Vernon adopted Resolution No. 2015-39, approving an Amendment No. 1 to the MOU; and WHEREAS, representative members of the VPOBA and the City have agreed to execute an Amendment No. 2 to the MOU (the "Amendment") to amend the following Articles : (a) Article Two, Section 2 regarding Term, (b) Article Three, Section 3 regarding Merit Steps, (c) Article Three, Section 4 regarding Salary Adjustment Increase, (d) Article Seven, Section 4 regarding Cafeteria Plan, (e) Article Seven, Section 6 regarding Vision Plan, and (f) Article Seven, Section 8 regarding Retiree' s Medical; and WHEREAS, the City Council of the City of Vernon desires to approve the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Amendment No. 2 to the Memorandum of Understanding between the City of Vernon and the Vernon Police Officers' Benefit Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the Amendment attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed Amendment to Lorenzo Gaytan, President of the Vernon Police Officers' Benefit Association. 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: ZrWjnkjV Moussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA 1 ss COUNTY OF LOS ANGELES 1 I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAT ) - 4 - EXHIBIT A .r Cw � upgfR F4 Of rr 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 Vp AO LICE 1 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, 2019. 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 and Grandfathered Sergeants not at the top of their current salary grade who in the discretion of the Police 3 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 5% 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 1, 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/her anniversary date for future merit increases established as of the date said officer is appointed to said Step. Effective July 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 July 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 Adjustment Increase Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees; however, a base salary schedule increase may raise a salary range which may remove the 4 Y-rate). Effective the first full pay period in July 2017, the base salary schedule will be increased by an additional 2% (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 2% (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 (10%) per month of their base salary. ARTICLE SEVEN Section 4: Cafeteria Plan. The City and the Association agree to a section 125 cafeteria plan (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 5 City understands that this amount will vary based on the premium costs that go into effect on January 1 st of each calendar year of the 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 fixed 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 6 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 100% 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 (CVVP) that fall below $150 shall be raised to $150. Section 8: Retiree's Medical Employees must retire from the City of Vernon under a CalPERS 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 his/her 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 uninterrupted 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 his/her 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 medical/dental 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/her 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 8 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 Carlos R. Fandino Jr. Lorenzo Gaytan City Administrator/"MERR" President Isaac Garibay Nicholas Perez Director of Human Resources Vice President Lisette Michel Grizzelle 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 , PER RESOLUTION NO. ATTEST: Died; Maria Ayala City Clerk 10 RECEIVED 4 JUL 0 7 2016 STAFF REPORT CITY CLERK'S ME CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator Originator: Isaac Garibay, Director of Human essources RE: 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 Recommendations 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. Backsround The City and the Vernon Police Management Association ("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 Attorney'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 of 3 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: • Effective the first full pay period in July 2016,the base salary schedule will be increased by 2% (excluding Y-rated employees). • 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). • Effective July 1, 2014, sick leave shall not count toward 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 Agreement 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 Agreement, but in no case shall be placed above the salary range in effect for the employee's classification. The merit increases earned during the FY 16-17 fiscal year shall go into effect the first full pay period in July 2017. The merit increases earned during the FY 17-18 fiscal year shall go into effect the first full 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 July 2017, 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 pay/incentive. • 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. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. • 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 Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater. Alternatively, 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. • The grievance 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 Impact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Vernon Police Management Association for Fiscal Year 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 1. Resolution Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association. Page 3 of 3 RESOLUTION NO . 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 WHEREAS, the Vernon Police Management Association ("VPMA" ) has been recognized as an employee organization and has met and conferred with the Municipal Employee Relations Representative of the City of Vernon (the "MERR" ) ; and WHEREAS, on June 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 the VPMA for the period of July 1, 2014 through June 30, 2016; and WHEREAS, the City and VPMA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of the VPMA and the City have agreed to execute a Memorandum of Understanding ( "MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPMA, for the period of July 1, 2016 through June 30, 2019; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Police Management Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed MOU to Jerry Winegar, VPMA President . - 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: a h oussa, Senior Deputy City Attorney 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A 0 F vet }seer Ike fff f MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE MANAGEMENT ASSOCIATION July 1, 20146 through June 30, 20169 R M O k :; TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding ......................................................4 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition.......................................................................... 5 Section 2: No Discrimination .................................................................. 5 Section 3: Mutual Cooperation.................................................................5 Section 4: No Strikes or Lockouts.............................................................5 Section 5: City!VPMA Meetings............................................................ 5 Section6: Association Business...............................................................5 ARTICLE TWO: LEGAL LIMITATIONS,SAVINGS CLAUSE&TERM Section 1: Legal Limitations and Savings Clause...........................................6 Section2: Term......................•......................._...................._....._.._.....6 Section3: Maintenance of Existing Conditions...............................................6 Section 4: Modification and Waiver............................................................7 Section5: Severability............................................................................7 1 ARTICLE THREE: SALARIES Section 1: Lieutenants.......... -------------------------------- -------------------------8 Section 2: Captains ...-...----....--.... ...-... ..... ...---.8 Section 3-- Merit Steps............ ..................... .............. .........8 Section 4: Salary Adjustment Increase...................—..... .......... ......... 9 Section 5: Bilingual Pay ...........-......................... .....—.... ........ 9 Section 6.- "P.O.S.T."Certificate Incentive.................................I.................. 9 Section 7: Shooting Pay.........................................................................10 ARTICLE FOUR: LONGEVITY Section 1: Employees Hired Before July 1,1995 ........................................... 11 Section 2: Employees Hired On or After July 1, 1995 ..................................... t I ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization............................................................ 12 Section 2: FLSAOvertime ..................................................................... 12 Section 3: Comp Time.......................................................................... 12 Section 4: Leave Time Inclusion .............................................................. 12 Section 5: Training and Recertification ...................................................... 13 Section 6: Court Attendance and"Stand By"Time ........ ...... ........................ 13 Section T Call Backs .............................. 14 Section 8: Jury Duty ......... .............—......... ............ 15 Section 9: Non-Compensable........................................ .... 15 ARTICLE SIX: UNIFORMS,ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance ................................................................. 16 2 Section 2: Summer Uniforms ...................................................................16 Section 3: Safety Equipment....................................................................16 ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System............................................I7 Section 2: Supplemental PERS Benefits...................................................... 17 Section 3: Medical,Dental,Vision and Life Insurance.....................................17 Section 4: Retirees Medical ..................................................................... 18 Section 5: Vacation Time....................................................................... 19 Section 6: "In Lieu"Holiday Time ............................................................19 Section 7: Sick Leave............................................................................20 Section 8: Bereavement Leave.................................................................20 Section 9: Deferred Comp.......................................................................21 Section 10: Other City Employee Programs...................................................21 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES Section 1: Provisions ............................................................................ 22 Section 2: Work Schedule 3112Plan..........................................................22 Section 3: Shift and 7 Code Policy ............................................................22 Section 4: Shift Trades.......................................................................... 22 ARTICLE NINE: GRIEVANCE PROCEDURE Grievance Procedure Steps.......................................................................... 24 ARTICLE TEN: DISCIPLINE PROCEDURE Discipline Procedure Steps ........................... ............................._. 26 ARTICLE ELEVEN: MANAGEMENT RIGHTS Section 1: Exclusive Rights&Authority..................................................... 28 3 Section 2: Grievance on Impacts................................................................29 SIGNATURE PAGE Signatures.............................................................................................. 30 4 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE MANAGEMENT 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 Management Association(hereinafter"VPMA")and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as Police Lieutenants and Police Captains. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR")and the VPMA, to be submitted to the City Council 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 VPMA have agreed that they will jointly urge the City Council 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 MOU. If approved,the terms agreed upon by this MOU shall take effect on July 1,20146 and shall expire at midnight on June 30,20169. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED,the VPMA and the City of Vernon agree as follows: ARTICLE ONE FUNDAMENTALS Section 1• Recoanition The City of Vernon recognizes the Vernon Police Management Association ("VPMA") as the certified majority representative of management, comprised of Police Lieutenants and Police Captains,as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination 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 an individual's race,color,sex, religion,national origin,age, marital status,disability, pregnancy, sexual orientation, political or religious opinions or affiliations,or membership or non-membership in the VPMA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concem and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding goals in their mutual interest. Section 4: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the VPMA,and no lockouts shall be made by the City. Section 5: City/VPMA Meetines Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual concern. Section 6• Association Business The City shall grant release time of 20 hours per fiscal year for the Association President or designee. In no case will Association Leave Time be used for political action purposes or if it will cause overtime unless it is authorized in writing by the Police Chief or his designee. 6 ARTICLE TWO LEGAL LIMITATIONS,SAVINGS CLAUSE,AND TERM Section 1: Leeal Limitations and Savinas Clause It is understood and agreed that this Memorandum of Understanding(including,but not limited to, the provisions of the Fair Labor Standards Act)and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any pan of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2• Term (a) Except as otherwise provided herein,this Memorandum of Understanding shall be in full force and effect from July 1,20146, and shall remain in full force and effect up to and including midnight, the 30th day of June 20169, 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 in Article III, Section I, 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, 20169 and March 1.20169. Section 3: Maintenance of ExMne Conditions Any employment policy,practices and/or benefits,including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice. this Memorandum of Understanding shall govern. Section 4. Modification and Waiver The City reserves the right to add to,delete from,amend or modify the Administrative rules,the City Municipal Code,and the City's Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding,subject to the requirements of the Meyers-Milias-Brown Act and the Police Officers Bill of Rights. Section 5. SeverabUity. In the event that a court finds any provision(s)of this Memorandum of Understanding to be invalid or unenforceable,the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. l; ARTICLE THREE SALARIES Section 1: Lieutenant lieutenant with 2%COLAS Salarypan a PM37 Effective Effective Effective —Step 7 1 16 7 9 17 7 8/18 1 510.992.38 511,100.03 $ 11.322-03 2 S 11.427.06 $11,655.60 11,888-71 3 $11,997,24 $1 237.18 12 481-93 4 S12.59802 512.849-98 $ 13 106.98 5 S 13.227.36 1 513,491.91 $ 13 761.75 „?ii ,h,i:l hK i - Step 4 feilews! Step 1 , Step 2 $10669 Step $11,,762 Section 2: 111 Captain with 2%COIAS Salary Range PM40 Effective Effective Effective —Step 7110/16 7/9/17 7/8/18 1 $12,598.02 $12,849.98 S 13,106-98 2 13.227.36 513.491.91 5 13,761.75 3 S 13.888 32 514.266.09 $ 14,449-41 4 S 14,582.94 514,874.60 S 15,172-09 5 15,313.26 1 515,619.53 1 $ 15,931.92 _ - Step 1 iiiMs Step 3 P 2,776 Lep, $17 ArG Step 3 S+4,980 €ellews- &teed-I Step 2— -- W;39_ Step 3 S11,968 Step 3 $14,297 Section 3• Merit Steps Eligible eni&t s shall drake jz irrevocable selection of one_of the foil aw rk-giwo.merit Wre options in uTi[iny,and irrtmediawly upon the AgImment going into effect: l, Effec'ti we the first fu I I pay peri od in Ju Iy 2016,cmployces who arc not at[he top step o rm+nattba:List Paragraph,Numbered+Levei:I+ their Classification Compensation Plan, and hate anai vied one year of an nveral l Numbering Style:t,2,3, +Start at:I+Align..=. Left+ Aligned at: 0 2*+Indent at: 0.69' `�a[isfaclury" OF hi>zhwr y�rfurmancC cvrtlua[it�n rdtilll?, as of Lh�-ir immcdi8lcly - - - - -- - -- preceding classification anniversary date, shall, in accordance with the City's Perfomance L•waluadon Police, pure ive one nwrit salary advance, Durinst Chu Icup of this Agreement only.the City agrees[o provide merit salary advances to emplpw.ees who WhieYe are rfweraq_4N:y RICMtC-a igl Lp f9 v r2 plt.t tint,Err lug+ s Shull cuntmuc Lo wceive their annual cv dua[ionsas scheduled in the City's Performarrtae Evaluation Policy and employees may receive more than one merit salary advance during the Ierm of this Ag gcnwnt,but in rto case"be placed above the Salary range t dl i flegion.JhC MIdt i +titrd duri.n I hr FY 1 17 fiscal year shall go into effect the first full pay period in July 2017. The merit Ind dews.eame€t judrLg the FY 17-t?. fiscal Year shall i!o inta effecL ohe first full nay period in July 2018. • I r'O^"a®'�ParacXapn.L r.t� 0.6Er OR 2, Ef omliv u the first full rnry wriW- i n_J Lam]b.4:MpIuYC>6,y who arc'nor S[Lk-[OP SLCR Df ratmstbad:List Paragraph,Numbered+L":1+ their Classificatim ComMnsatmn Plan-and h aw attai ncd one year o f an overal t-a ve Numbenng style:1,2,3, +start at:t+Algnment:Left+ Aligned at: 0.25'+Indent at: OXT avetrtze" or,ftitfilrer rterforLna�.e.�b.�11�aLiu11.rt[iltu..as..s�is)]�i�i�'L€t1�11+r pnLcdin>i: - classification anniversary date, shalt, in accordance with the City's Performance welltatipoPolicy.rCc,tive I merit salatry advance Effective tltie first full Myperiud in July 2017, lJre City agrees to provide one rtterit salary advance to gFW jGyee .Who achiuvc an overall"above average"or hi0er oe,fomtanq cvalualitm ratiEL.EmpluNirx shall continue to receive their annual evaluations as scheduled in the C'i r -'%Pe rfLI LM,�t Evaluation Policy, but wilt not he eligible for any additional m,ei ii iriir j Cy ;,ricr I I w oppgrtunity in July 2017 through the end of the term of the MOU and in no case shall br. placx:d abova the Salary range in effx.L fur the employee's d13AMI-WaLion- 10 Additionally,effective the fist full pay period in July 2018, a mloyees who set [his option shall indefinitely and irrevocably forfeit any and all forms of loneevitr pay/incentive. i f eFuture merit increases to any said step shall remain at the sole discretion of the City Council- Section 4: Salary Adjustment Increase AEffeWye the hi t.r ll.nay_s d in J 1 1 �3E b.«_i1l:trx�silLw[tLlIr. ujII bC ir1L r(-.U.5't3' _+ er Indent Left: 0-25" by 2% (excluding Y-rated employees), ---- _ _ ftnew ed:Indent:Left: 0.25',Tab stops: 1.81',Left+ B. Effective the firs[full pay period in July 2017, the base salary schcdulc will be increased- '1 '`-ft by an additional 2%(excluding Y-rated employees). tiFormatted.O'kM tdt 0_2V • S Far ttsdi 1r4ft*Let O-W C. Effeed ve the tirsL full pav nrriod in July 201 ,the base salary schedule will be irLen--aced- t F matted:Bowe Lei 4_s by an additional 2%(excluding Y-rated employees • fl;;_tted: Mo tu1eu oF nurnbenna In the event there is a salary inequity between ranks or between employees within the Department. the Chief of Police with the approval of the City Administrator may incorporate a service adjustment increase up to ten percent(10%)per month of their base salary. Section 5: Bilineual Pay A VPMA employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language(the ability to read and write in a foreign language may also be tested,if necessary),which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional One Hundred Twenty-Five Dollars(S125.00)per 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.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Section 6: Pere Officers Standards and Training 0'P.0 S.T.—)Certirieate Incentive VPMA employees shall be entitled to P.O.S.T.certificate pay as follows: • Three percent(3%)of the employee's basic monthly salary,excluding all other compensation,for a P.O.S-T.intermediate certificate;or II • Six percent (6%) of the employee's basic monthly salary, excluding all other compensation,for a P_O.S_T_advanced certificate;or Payment of the above-referenced incentive compensation shall not be cumulative;only the highest applicable incentive pay level shall apply. • Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee's base monthly salary, excluding all other compensation, for a P.O.S.T. Management Certificate. Incentive pay shall be payable the month following the month during which the certificate is granted. P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary_ Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) receive across-the board enhancements to the existing P.O.S.T. Certificate Pay between 3u1y 1, 2014 and juRe 30 2-01 6 a like increase will be provided to employees represented by the Police Officers Management Association. Secdon 7: Shoodne Pay It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing range on a monthly basis in order to continue to be employed and to receive Shooting Pay_Such qualifications shall occur on duty_ Employees who shoot at the range other than the required qualifications dates will be considered to be on personal time. Such time is not counted as working time and is not compensable. Officers who achieve the following qualifications shall receive compensation as follows: Marksman $ 3.00 Per Month Sharpshooter $ 5.00 Per Month Expert $ 7.50 Per Month Distinguished Expert $ 10.00 Per Month Shooting Pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary_ 12 ARTICLE FOUR LONGEVITY Section 1: Employees Hired Before July 1.1995 Effective August 31, 1986,the City established a four-step Longevity program for all employees. Said Longevity program is as follows: • All eligible employees who have five years of service on or before August 31, t986,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 Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent(5%)per month upon said anniversary date. • All eligible employees who have ten(10)years of service on or before July 1, 1987,shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987,and every year thereafter until reaching the next Longevity level. Employees upon reaching their I Oth anniversary date after July 1, 1987,shall be entitled to said ten percent (10%)per month upon said anniversary date. Said ten percent(10%)is in place of the five percent(5%)referenced in paragraph 1 above and not cumulative therewith. • All eligible employees who have fifteen (15)years of service on or before July 1, 1988. shall receive an additional fifteen percent(15%)per month of their base salary effective July 1, 1988.and every year thereafter until reaching the next Longevity level.Employees upon reaching their 15th anniversary date after July 1, 1988,shall be entitled to said fifteen percent(15%)per month upon said date. Said fifteen percent(15%)is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith. • All eligible employees who have twenty(20)years of service on or before July 1, 1989, shall receive an additional twenty percent(20%)per month of their base salary effective July I, 1989,and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989 shall be entitled to said twenty percent(20%)per month upon said anniversary date. Said twenty percent(20%)is in place of each of the amounts referenced in paragraphs 1.2 and 3 above and not cumulative therewith. Section 2: Employees Hired on or alter July 1,1995 and on or before December 31,2013 All employees in the VPMA who are hired on or after July 1, 1995,who attain five(5)years of consecutive uninterrupted employment shall receive an additional five percent(5%)per mouth of their base salary.Such employees shall be entitled to receive such five percent(5%)increase upon reaching their 5th anniversary date. Such employees will not be entided to receive any additional Longevity percentage increase to their base salary for further service. ARTICLE FIVE 14 OVERTME Section 1: Overtime Authorization All overtime requests must have prior written authorization of the Chief of Police prior to the commencement of such overtime work.Where prior written authorization is not feasible,explicit verbal authorization must be obtained. When: verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: F.LS.A.Overtime Employees in the classification of Police Captain are exempt from overtime in accordance with the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half "compensatory time" for each hour worked.The regular rate of pay shall include the following components in addition to base salary: • P.O.S.T.Certificate Pay • Special Assignment Pay Section 3: Compensatory Time Police Lieutenants may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time as an employee earns forty(40)hours of compensatory time within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and one-half of histher regular rate of pay. VPMA employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time-and one-half for any overtime worked beyond the 240-hour compensatory time"cap." cziifeSifieAivB ffid C11PsnsAtift ;Sk#tjy Thd floj efAf•; :kffti:;.e ern_v no- -wegc*4VLPMA Gaphiiinri end Ueutemfllsno laterthm Dwenthe 31, Section 4• Leave Inclusions In determining an employee's eligibility for overtime compensation in a work period,paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, 15 but are not limited to,the following: 1. Vacation 2. Holiday Leave 3. Administrative Leave 4. Compensatory Leave 5. Workers'Compensation Leave(4850 time) 6. Jury Duty 7. Bereavement Leave 8. Military Leave Section 5: Traininn and Recertification Time Training time that is required is compensabee Recertification time that is directly related to an employee's job will be compensable if completed during assigned work hours. Section 6: Conn Attendance and"Stand By"'lime Court Appearances VPMA employees shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows: A. Court appearances which extend beyond an employee's normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A.overtime pursuant to this section of this MOLL,only the actual time spent in court or traveling in a City vehicle to and from the Station shall be credited as hours worked.Travel time to and from one's private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. Notwithstanding 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(1.5). C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half(1.5) at their regular hourly rate for all hours spent in their court duty assignment that day. 16 Stand By Time If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows: A. An employee who is placed on Stand By status for a half court day,which shall consist of either a morning session or afternoon session of court,shall be paid Sixty Dollars (S60.00). B. An employee who is placed on Stand By status for a full court day,which shall consist of the moming session and the afternoon session of court,on the same day,shall be paid One Hundred Nineteen Dollars(S 119.00). However,if said employee is required to appear in court, he/she shall receive court appearance compensation rather than Stand By compensation for his/her time in court. C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A. D. Alternatively,an employee(at the employee's option and with the permission of the Chief of Police or his designee)on court Stand By may report to the police station,in uniform,for assignment while awaiting court. Under these circumstances,an employee shall be compensated on an hour-for-hour basis(if on overtime,at time and a half)for time actually worked while on Stand By. E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Court-Time Pay and Stand-by Pay between ju+y-1; the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. Section 7• Call Backs Call Back duty occurs when an employee is ordered to report to duty on a non-regularly scheduled work shift. Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be distinguished from Court pay,which is to be used when an employee is called to court. An employee called back to duty shall be credited with a minimum of four hours' work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis(at time and one- half compensation)for actual time worked. If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. Section 8: Jury Dut 17 1. Policy A. Employees shall be granted up to two weeks paid leave of absence in order to perform jury duty,provided that the employee provides notification to the City for such jury duty and provides proper verification of hours spent on jury duty. VPMA employees will be required to return to work, if regularly scheduled to work, as soon as they are released from their jury duty. B. In accordance with Section 215(b)of the Code of Civil Procedure,a juror who is employed by a local government entity who receives regular compensation and benefits while performing jury service, may not be paid Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if paid by the Court. Empluree:s shall noffy[heir Siipc!n 4,1 r sHr the day rhey_are released fvDm jury duty- C. VPMA employees shall retain any Jury Duty Mileage Pay. Section 9: Non-Compensable A. City Vehicle Use—VPMA employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work.This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service. B. ClothedUniform Changing Time—Time spent in changing clothes before or after shift,or during lunch,is not considered hours worked and is not compensable in any [Wanner whatsoever. 18 ARTICLE SIX UNIFORMS,ALLOWANCE AND SAFETY EQUIPMENT Section 1• Uniform Aflowance ' e City will pay each VPMA employee who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars($1,000)per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CAPERS as compensation eamable. Section 2: Summer Uniforms VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirVblue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures,as well as summer uniform requirements. Section 3: Safety EauinmeaI The City shall, every three(3)years, pay one half of the cost of the member's individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. if the City provides individual body armor to an employee, and the employee accepts such body armor,then the three(3)year time period shall begin upon acceptance of the body armor by the employee. VPMA employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee's negligence. 19 ARTICLE SEVEN BENEFITS Section 1: Public Employee Retirement System("PERS") The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit plan_ As a result of the mot-passage of AB 340 Public Employee Pension Reform(PEPRA), new CaIPERS members hired on or after January 1,2013 who meet the definition of new member under PEPRA,shall be provided a 2.7% at 57 PERS retirement benefit plan. VPMA employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. The City n-akes no representation as to whether any of the compensation or R"n nts in this Aureemcnt an: subject to CalPERS Service crrdEt gr.pe jiortal3.le_i_co _ f=sn�oloveealUnion expressly acknowledge that any determination by Ca1PERS to not fully credit the aornpensation ai-Wer wr;iwc time proviilcd under Ihi9 AgrutrElCStt_irt-jllk-gDroixr bash pn whkh to Agreement_ Employees/Union further acknowledW that they will not pursuc any claim or action i I irp s cljon with i s Agreement- Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to VPMA employees under PERS as follows: • Gov't Code Section:20042-One Year Final Compensation: New employees hired on or after January 1,2013 who meet the definition of new member under PEPRA shall receive 3 Year Final Compensation. • Gov't Code Section:21024-Military Service Credit as Public Service: • Gov't Code Section:21571-Basic Level of 1959 Survivor Benefits: • Gov't Code Section:21624&21626&21628-Post Retirement Survivor Allowance: Section 3: Medical,Dental,Vision and Life Insurance 20 The City shall contnbuw for each full-time emploYee uD to the Maximum amounts os set forth below per PU period,toward the cost of hislhcr medical.dental,and vision plans as out]incd in $Mkpqfion A throw_bc3uw,Ifemyli)y gkktlut or den al an(Vorvision,fty nYA_ Line LhC al lotrrrents for those respective coverages toward exCess medical precraums as approved by tfL Director of Human Resources. +wmcc+u.a tnaenc mot-W, o.Is-, no tcUA.a a nuUm" A. Exsmvloy.5n who etccgEmplovet+Fa"Iv oovema,the City shall tx xW a -- — — cafeteria plan contrihution equal to the cola] premium casts of the Employee+Fami Iy Low Medical HMO,Employee+Fancily lowest cost Dental DMO and lowest cost fancily 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 responsiblc for any appIicable m7miurn costs throuO a P.rc-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January Ist of each calendar year of the term of this Attreement. t ft..rd:kOeW Lek 0.75'. Na LAS+u rwrmelrq B. For employees who elect Employee-Only,Employee+Spouse and Employee+ Childre- n. LiYS,,the City shail_im)vide thr.snlat dLlllar cafctrria euntribujjM for medical,dental and vision benefits that the CiL,y is paying as of June 2016 for these employee health group tiers. That amount is$1,100 per month. Employees who de t one ofthesc Lien must yao for their dental and %;ision tvnefts frorn this cafeteria contribution. This amount will remain fixed unless the total premium cost of the lowest cost medical HMO,lowest cost Dental DMO,and lowest cost vision plan g rr rrent flat rate jpllar eafemi a contribution fur aWiral.derctal. +¢ 1r1 bcnef Ls for any of Lhe Liars,[Fran the contribu[ion for that tier will be raised to cgu a] the total premium costs of the Low Cost Medical HMO,lowest cost Dental DMO, and lowest cost vision plan for that Lies. Employees LhaL r.IrcL a he flth plan hitFher than the applicable(:icy contribution will be responsible For any applicable premium costs through a ore-tax payroll deduction. _ i ForwAMS&ttwem LdC 03r, No mdm c r mm*wyc C. For employees enrolled in the HSA PPO plan,the City shall pay up to the city contribuLion for their spacitic Lie as set cbrLh in A and B above reduced b} an:annual ;MOL.5nL Of 130M. In addiiign,for each eroniUy=enrollcxl 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 amcwnl shall be paid the emplulree through a mr4ax payroll deduction, • Farnomd:b+mw Lett 0.74, Pb alM cr rwt&vg D. During the term of the ALtreement,Employees will be allowed to chanee health. dental,ancUGr vision plans during anv open enrnitmznL period or upon a qualifying event as prescribed by the Cit 's insurance provider. .McdieaPTh Gkq,e4 F5;hfee k4 L eonigilgi egtwo r t Wwwr, � �.}. . h Rv iliskA n .... . Fk coMaywu. .. ... e . : . Atp ! ukhl.. 21 J-A. c ly I! S 1,1�90 i FE j N!EftkPi,UAa . -n 4�k.h:. Y .N•i,3l4fW-hQ gc +:lr:3eF T�C r+a. F , . i45p plan selected by ihe employee!hat e*eeeds$850 shall W paid by the emp!Byee thmugh Dental: The City of Vernon provides a dental insurance plan to employees. Employees may purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA employee does not exceed lisibcr munthJy benefit allowance, the employee shall be allowed to use any excess monthly allowances towards additional provided coverage for dental and vision. Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City shall pay 100%of the cost of such a plan as designated by their election of medical coverage. fef employees enly. Employees shall have the option of purchasing vision care for their dependents at a cost of$6.95 for one dependent or$13.95 for two or more dependents.The City agrees that all itemized henefit amounts spzciried in the Qty of Vernon Vision Plan{CVVPI ft f ll tNIow $150 shall be raised to$150. Life Insurance: The City provides a$20,000 life insurance premium plan to employees. The City shall pay 100%of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee;however,the City shall be obligated to pay the cost or provide said medical,dental,vision,and life insurance benefits as described so long as this MOU remains in effect. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding medical,dental,vision or life insurance benefits ,the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. Section 4: Retiree's Medical Employees must retire from the City of Vernon under a CalPERS Benefit Formula(i.e.Age 50 or 57 Formula)to be eligible for Retiree Medical/Dental Benefits. find_4eftbe4 represewed by t4eEmployees in the Vernon Police Management Association must have been employed as sworn Peace Officers for a minimum of twenty(20)years and a minimum of 10 years 22 of that service has been in the employment of the City of Vernon to be eligible for Retiree's Medical benefit. The City shall pay up to$1.100 per month towards the employee's option of the Ci,*y's_rnefical auxl&-ntal insurance Rrcikrams for LN ern loyee arid hi,-lh r li ihle.s se,nr the equivalent to the Alen-current lowest cost City-offered Empioyee+5p3use medical HMO and/or clx-alai HMO insurance premium, whichever is t[rrawr. Altcrrttstikely, el uihle yeti. emdlnye�s and spnuse ma}-dirt riot to enroll in the City's medical and/or dental i nsurance coverage and instc;xi rcccivc a monthly rrimbursemcnt for premiums actually laid up to$1.I W NX mOth as treMMO by the Public Employee Pension Ret'arm Alit iPEPRAI or the amount equivalent to the thm- gPTTLnt luwcst cost City-offorv'd Emp1[7ym. -SpousC�f-1�I4'tt?and/or dental IIMC)insurance premium, whichever is greater_ Once a relired employee opts nol to amulI in the City's medical 11 9_K drntal_insVrancete QLShe ►i11 Ito1.b: al3ovtu�ed to M-enroll. Pr. Fl&FF,9l;W4 OLY eeo5riN ion a4l be 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 100%of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon,not to exceed$1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee 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 medicalldental 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 uninterrupted service with the City may pay the City's premium cost for medical and dental insurance 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 his/her 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 medical/dental benefit plan shall automatically terminate without the need for further notice. Secdon 5• Vacations A. Accrual Vacation accrual after the first year of service: 120 hours per year ■ Vacation accrual after ten(10)years of service: 160 hours per year Vacation accrual after completion of twenty-five (25) years of service: 170 hours per year B Police 23 VPMA employees may take all or part of their vacation in increments of one-fourth (1/4)hour or more,as determined by the Chief at his discretion with due regard for the wishes of the employee and the needs of the Department. Any request will be honored only if,in the opinion of the Chief or his designee,the manpower or service level on the day or days and at the times requested is adequate to permit granting such a request. Vacation time provided for herein shall be accumulated from calendar year to calendar year,and shall be compensated for if not utilized during said period. Section 6: "In Lieu"Holidays VPMA employees shall receive one hundred and ten (110)"in lieu" holiday hours per calendar year). "In lieu"holidays will be credited to each employee on each July 1 in which he/she is on the active payroll, including those on "Light Duty". of the Department in a classification represented by the VPMA and must be taken prior to the immediately following July 1. "In lieu"holidays may be taken in increments of one-fourth(1/4)hour or more,on dates desired by the employee subject to the needs of the Vernon Police Department. "In lieu" holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the calendar year for which such "in lieu" holidays were granted. In that case only, the employee shall be paid for said "in lieu"holidays not taken with histher first possible payroll check on or after July I of the calendar year following the year for which the "in lieu" holidays were credited, at his/her then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution of Vernon. An employee who quits or is terminated shall not be entitled to any compensation for"in lieu"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 same number of any additional holidays. Any additional`tin lieu"holiday time received by VPMA employees will be for a maximum of ten(10)hours perday received. Section 7: Sick Leave Full-time VPMA employees only receive sick leave accrual while they are in a paid status. Employees shall accrue sick time at a rate of 3.08 hours per pay period(80 hour annually),with a maximum cap of 960 hours. Upon reaching the cap,full-time employees will continue to accrue sick leave provided;however,in the final pay period in December each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent(50%)of the employee's regular rate of pay.Part-ii a and WTny9rar�LW_MA employees iexcludina CalPERS retired alnnuitnts)Wafti nl; for 30 or Fiore days within a year shall be entitled to accrut paid sick days a[ [he rate of one (I t hour per e�,Va 30 hours worked. Finolovex:hail on]Y receitC siQk le-ni-Zurrual while h}tcy are in maid status. If a VPMA employee separates or terminates employment with the City,they shall be compensated 24 for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 10096 of their current pay rate applied to the first 480 sick leave hours and 50%for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50%of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued,unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965. VPMA employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on-duty supervisor a minimum of 2 hours before they are due to start their shift. A VPMA employee who is absent on sick leave for more than two(2)consecutive shifts shall be required by his or her supervisor to provide a doctor's note in order to be paid for the sick leave. Section 8: Bereavement Leave When an employee is compelled to be absent from duty by reason of death or critical illness(where death appears imminent) of a member of the employee's immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, step-parent-in-law, grandmother, grandfather, grandchildren, grandmother-in-law, grandfather-in-law or registered domestic partners), such person will be permitted,subject to the Chief of Police's approval,to a leave of absence with pay for up to twenty-five (25)hours over two shifts, which may,but need not be, consecutive. An employee shall not be granted paid Bereavement Leave for more than 2 days in any six-month period for the same family member. Employees will be allowed to utilize their vacation time,any compensatory time,or any"in lieu" holiday time that is due to the employee,in order to lengthen such bereavement time. The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police,if requested. Section 9: Deferred Compensation VPMA employees are eligible to participate in the City's Deferred Compensation Program. Section 10: Other City Employee Proamms VPMA employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of,but are not limited to,the following: • Buyback of military leave for PERS retirement time • Computer loan purchase plan • Supplemental Life insurance 25 + Corrective eye surgery plan • Hearing aid device plan • 'Tuition reimbursement plan + Family Medical Leave Act(FMLA) 26 ARTICLE EIGHT WORK SCHEDULE AND ABSENCES Section 1- Provisions The Vernon Chief of Police at his sole discretion shall establish the work schedule. Section 2: Work Schedule 3/12 Plan Law Enforcement agencies are allowed to establish a work period of any length between seven (7)and twenty-eight(28)consecutive days. At the City,employees must work one hundred sixty(160)hours per twenty-eight(28)day cycle. In order to be compliant,VPMA employees assigned to patrol will work three(3).twelve and one half hour(12V2)days per week with a ten (10)hours payback per month,without incurring any overtime. In the event the City needs to adjust any work schedule,the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change,unless agreed to by the effected employee(s)and the Chief of Police or his designee. The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the exception of specific assignments.The VPMA agrees that the City may,at its sole discretion and at any time.terminate the 3/12 Plan.The VPMA agrees that the termination of the 3/12 Plan is not subject to the grievance procedure or any other administrative review and that the 3112 Plan is not and shall not become a vested right in any manner,and that a decision to terminate such 3/12 Plan is subject to the meet and confer process. Section 3: Shift and Code Seven Policy: Patrol personnel shall work a twelve-and-one-half(12%)hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time(Code 7) shall be pan of the shift and is compensable. Section 4: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. A shift trade must be pre-approved by a supervisor.The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations.The employee providing the trade shall not have his/her compensable hours increased as a result of the trade;nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. 27 Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. "Paybacks"of shift trade are the obligation of the two employees involved in the trade."Paybacks"are to be completed within one(1)calendar year of the date of the initial shift 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 any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and"paybacks' shall be maintained by the involved employees on forms provided by the Department. 28 ARTICLE NINE GRIEVANCE PROCEDURE ate ►, s �' 6 the 1OWest 44e1 rfla -if_eHWn[-kW- Fy iffwmedi ate jkkpisdioifpn ow the E The aggFie 'e _,e Fgxi eu.t OFSJI r.r .iv 462 hia griLIVMCK �o his ledl rs smear, L1 IC . A. Depwimem 'dead or hia.. ar:saee ch.zll ...-6fy the af.` ...."W ..mplorty oAd the mERR of his Fiat to have been seWed at Swp Ap- C' - . , 'llHtt,-5rh0lbe 29 twill dtk.i.:O! _ Ui ..le dor,__.w : r_.........__ .6. .....a:*&F fEt7lii . 4NkWfF iPJ iIIll�74 f?[7 ilie Lit%�-an4-1?EC--VPM i .a:. �._.. nd chi? VOXf A R.�l lr.' r:. ...lilt .....7, changes y Vernnnha app]icuble[oa]I Police Licuicnants and Rol imCaptains containing the following principles: A gTkvalnce will be de Fined as a dispute between the City and an employee or employeex adversely aftecitd thereby_ Aver intemmaijon ur p1i4aiion of any "Asian of this Memorandum of UrLders[anding or policy_ `Days"as used herein shall be those days that the City H'faal2ftk CRY pf Yl=is otter[Dart yr all of the day. "I mmcdi atr Superwisor is the lowest level gggiVenient or supgrvisory Mrson having imraediate}urisdiction over the pievant. GRIEVANCE PRESENTATION AND PROCEDURES to ees shall have the right to M.wnL ftmr own on. v i representative_ deviances shaft be. csscd yn standard forms provided by the Dcpartmcnt of Human Resources and shotl contain information which{a}identifies the aflt}riered_(bI„OMWirlk the s Mi IC Dare of the yieyance,lCJI_jWi�,'arcs the timc,or play of its oc'currt•r[cc,if known, (d1 stares the anicWs)of dw MOU.City palicy.rule or past practice wh tcit have been violated mtsin1rMret IJer pAs lg ied,(e)irrdicatt`s the persons contacted Et[the infoumd stssgr,if applivablc,and�F)states the corrective action desired_ Grievances fray he MbEWQed vie gmail_ .VD]Ong as the empitrye attaches the eriew2�pc form u�t]tc crrt�il b 'the rectuira,d time]ire_ [f an emulpycc iTwiudcs attachments to[he Meyance form and those attachments are no> in�3ut ,ft the etroit Or i>t-VM!'Q submission.the City shall notify the 4:MVIOycc that all attachments were no included and that the deadline for the City to respond to the grie.ance will not beiri to rur[to run until all the attachments are received. Failure ts} manage nj to Nip]Y.tQ.tlte_e3uployLvIs lzri%7v�mcc within the.Britt lift is specified automatically grants to the employee[he right to pfrrcess the aricvance to the ngxt level. If all employee faits to appeal fTnm One level to the next within the time lirrdm es[aUgrd in this grievance procedure.the erievaq!,e sFl jll I consij rid scalod on[hc basis of the last decision, Ono the Qrirranee shall no[be subioct to further appeal or reconsideration_ O All time periods specified in this procedure may be extended by mutual written(including email) can sem of she armed emylayee(e)�Association remsenwive wW the desiitmed management representative. INFORMAL PROCEDURE Within eight(8)days yfthe date the employee(s)knew or reasonably should have kna%n of the incident giving rise to the grievance.the emolokee may discuss the comrxlsirt[wi[h his+hrr immediate supervisor_ Ernployees are encouraged[o discu ss camplai nts with their immediate �uMrvisor in M atternnt w resolve the grievance at the loweli nossibte step_ An emplg=,at his or her sole diwmtion.may opt W Ailp the lnfonmi } e resdlution process and instead-go direcil y to Step One_ If an cmployce chooses to p xccd wi Lh the Informal procedure,hefshe or their unipn Mtrzsentadw shalC inform[he Human ke.aNrce Dirwor,within one day of initiatirm the Informal Pruccdure,that hdshe has initiated the Informal Pmceduw and the date the informal grievance was first Liisomed wirh hisrher suKrvisor_ Within eight(8)d2Ys of the diwuzicm wick the employee,the swyrvhi NhalI verhal]Y resixind to the employeeTs eomcomplaint_ If the employee is dissatisfied Dr if the supervisor fails to respond, the ettVlovee shal I havt awcss to the formal grievance Puxcss described brk1w. Step 1 a et/ ee C #i n his vancest❑hisinunedi .%u thin ten(10)working days of the mcurrence of the acti on gi vin s rise:to[hc gric Vance. Disco ssions will be informal fLw the pure w of whin; differences in the simples[ and most direm manner. The irnrrwdiate supervisor shall reach a decision and communicate A ire -Ailing to the aggieved employee and the Muni6pal Employee Relations Representative (#rfERR? within eight j8] working days from the date the grievance was presented to him. Step 2 If the-grievance is riot settled at the first stet/to the sa&.fatction of all nartirs,Siihcr titc '.IER of the aggrieved emptgM within tLn(10)working days of dig answer in the rirst step_shall reduce Lhr l'evance to "tiU, si" it axed prtsent it w the DeAaa'trnent Hesd 4r his drsittnre�Th Department Head or his designee shall obtain the facts concerning the alleged grievance and shai l within60y i8) workirtit Jars of tceipt of the written grievw we Conduct a meeting lwct+Vocn himself,his representative if needed,the aggrieved empEmee_and the empluyee's repFesenudye- Thrg ,IaMent 1 LIT his 00ign shall nolifY the zkUrjcvcd rmploym and the MERR of iris decision not later than eight{81 working days following the meeting date_ Step 3 If the grievance is not settled at Step 2. it may. u 3P�reQ�rst of either th . mnCrs+rcc err the %4ER€i,he submiued34 the MWmjfiQU_pf tltr CBtifQmitt Stair Conciliation Service_The nwdiator 31 designated by the Service shalI atlemix to adjust the ttrieva=. Pmp+osuls, conraessions aril admissions made durine the course of such mediation shall be confidential and not be used in any ulr ue�u pruc r i rr 3.]f i h Ivan- .ls not settled io the satisfaction of all units wilhi n iwernY {2Q}days after the desig[ration of the mediator k the Sere ices,then the grievance sha I be deerned not to have been settled at Step 3. StPo 4 If the grievance is pot seined to the:satisfaction of ale parties at Step 31,then the grievance shall he &µ minted to the City Council of the City of Vernon rordeierrnination.'late Council shall conduct such hearing and rtxeivc such evidence as it deems aQpropriate-TU City Council will male the final[ gion a its sole discretion:however,the mediator from Stud i aboMe wile be allowed to participate with the Council during an executive deliberative session wherein manag ment repMsCatatjv n1;g)pioLo ntatm u The Counil-s decision will he the final step in the Grievance Procedure and wit] be provided in a written format chat will be grjvan to rFi grieuant after thF deyisiVn is made. Should employees revrt eowJ by the Vefreon Police Officers aerirtit A.m ion(VP08A} amend[heir MOU contract langv_ag regarding Griewarce ProeMurc�-h4-iwogn fuly ].?Old and q�1e i0,, 11 ?,,}1 Wily gad the V 4fA agree try ameml ihL! ''P)riA %R H: io irniq%orare ;Lich changes. 32 ARTICLE TEN DISCIPLINE PROCEDURE Disciplinary Procedure The parties recognize that the Public Safety Officers Procedural Bill of Rights Act(the"Act") (Government Code Section 3300,et.seq.)provides for the administrative appeal of certain types of disciplinary actions.The procedural details for implementing the provisions of such administrative appeal shall be as follows: Step 1 Any VPMA employee who wishes to proceed with an administrative appeal after a decision by the City Administrator regarding a disciplinary action must make a written request for an administrative appeal.The written request must identify each of the issues which said employee intends to address during the administrative appeal and must be personally delivered to the office of the City Administrator of the City of Vernon within ten(10)working days after receiving written notice of the City Council's decision imposing the subject discipline.The parties agree that if such written request is not submitted to the City Administrator's office in a timely manner, said employee shall have waived his or her right to proceed with the administrative appeal. Step 2, After receipt of the written request for the administrative appeal, the City Administrator shall, within forty(40)days,schedule the administrative appeal for a closed session at a scheduled City Council meeting. The VPMA employee shall have the right to have the matter proceed in open session,but must make the City Council aware of this choice before the appeal begins.The City Administrator shall provide the VPMA employee with at least ten (10) days' notice of the scheduled City Council meeting when the administrative appeal will be heard. Step 3 The City Council shall conduct the administrative appeal, and shall consider and receive such evidence as it deems appropriate. Step 4 Said VPMA employee shall not have the right to subpoena witnesses or cross-examine any witnesses,but shall be permitted to submit written documents and oral testimony. Step 5 The City Council'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. 33 Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Discipline Procedures between My 1 """ ^^' june 30, 2016, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes,An amendment may be needed based on the VPOBA MOU. 34 ARTICLE ELEVEN MANAGEMENT RIGHTS Section 1. Exclusive Riehts and Authority. In order to ensure that the City is able to carry out its functions and responsibilities imposed by law,the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services, subject to certain limitations contained elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be subject to the meet and confer process.but shall be within the exclusive authority of the City.The consideration of the merits,necessity,or organization of any service activity conducted by the City shall include,but not be limited to the City's right to: A. Determine issues of public policy. B. The exclusive right to determine the mission of its constituent departments, commissions,and boards. B. Set standards and levels of service and to expand or diminish services. C. Determine policies,procedures and standards for selection,training and promotion of employees. D. Direct its employees. E. Establish and enforce employee dress and grooming standards. F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. I. Determine the content and intent of the job classifications and,to develop new job classifications- J. Determine methods of financing. K. Determine style and/or types of city-issued wearing apparel, equipment or technology to be used. L. Determine and/orchange the facilities,methods,technology,means,organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. hl. Determine and change the number of locations,relocations and type of operations processes and materials to be used in carving out all city functions,including,but not limited to,the right to contract for or subcontract any work or operations of the City. N. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice. O Establish and modify productivity and performance programs and standards. P. Discharge,suspend,demote,reprimand,withhold salary increases and benefits,or 35 otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including,but not limited to,quality and quantity standards,and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of perforating its work. The Association recognizes that the City has and will continue to retain,whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding. Section 2. Grievance on Impacts. The exclusive decision-making authority of the City Council on matters involving City rights and authority shall not be in any way,directly or indirectly,subject to the grievance procedure set forth in this Memorandum of Understanding.The employee may only grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters within the scope of representation. The City shall not be required to meet and confer in good faith on any subject preempted by federal or state law. The City shall meet and confer in good faith with the Association on all matters related to the salaries,fringe benefits and other terms and conditions of employment in accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights. 36 SIGNATURE PAGE CITY OF VERNON VERNON POLICE MANAGEMENT ASSOCIATION Carlos R.Fandino Jr. Jerry Winegar City Administrator/"MERR" President Isaac Garibay Roberto Sousa Director of Human Resources Treasurer Lisette Michele Grizzelle Michael Gillman Senior Human Resources Analyst Secretary William Fox Finance Director APPROVED AS TO FORM: Hema Patel City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON _ PER RESOLUTION NO. Al Lc st Maria Ayala City Clerk 37 Dated: 38 b 46y RECEIVED 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator C`� I Originator: Isaac Garibay, Director of Human Resources RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30,2019 Recommendations 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 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. Background The City and Teamsters Local 911 ("Teamsters") concluded labor negotiations on June 13, 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 Teamsters, which has been reviewed and approved as to form by the City Attorney's Office. Attached as Exhibit A to the resolution is the MOU for the employees represented by the Teamsters, 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 of 3 Members of City staff and representatives of the Teamsters 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: • Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees). • 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). • Effective July 10, 2016, employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved a "satisfactory" performance evaluation or better as of their immediately preceding annual performance evaluation. During the second and third years of this Agreement only, the City agrees to provide merit salary advances to employees who achieve an overall "above average" as of their immediately preceding annual performance evaluation. Employees shall continue to receive their annual evaluations as outlined in the City's Performance Evaluation Policy, except that employees shall have a full year to earn an overall "above average" performance evaluation rating for the purposes of earning merit increases in the second and third years of this Agreement, and do so with a clear understanding of the "above average" qualification. • Following completion of a shift, an employee shall be paid Hold Over Pay, which is double time for each hour held over in excess of four (4)hours beyond the regular shift. • The compensatory time off leave bank shall be increased from a maximum of 60 hours to a maximum of 80 hours. • 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$1,120 per month, whichever is greater. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below$150 shall be raised to $150. • 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 equivalent to the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium. • The grievance 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 Impact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City and the Teamsters Local 911 for Fiscal Year 2016-2017 is $413,562. 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. Page 2 of 3 i i Attachments 1 . Resolution Approving the Memorandum of Understanding by and between the City of Vernon and Teamsters Local 911 Page 3 of 3 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019 WHEREAS, the Teamsters Local 911 ("Teamsters" ) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on October 21, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-66, approving a Memorandum of Understanding by and between the City and Teamsters for the period of July 1, 2014 through June 30, 2016; and WHEREAS, the City and Teamsters have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of Teamsters and the City have agreed to execute a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by Teamsters, for the period of July 1, 2016 through June 30, 2019; and WHEREAS, the City Council desires to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and Teamsters Local 911, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed MOU to Raymond B. Whitmer, Secretary-Treasurer of Teamsters Local 911. - 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Za / Moussa, Senior Deputy City Attorney z - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EX�1$1� A • Formatted:Different first page header Formatted:Indent:Left: 0.06",Right: 0.04",Line spacing: single MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON - Formatted:Space After: 0 pt AND TEAMSTERS LOCAL 911 July 1,20142016 through June 30,20U2019 HER ,� - Formatted:Font:12 pt,Not Bold,Not Expanded by/ V Condensed by Formatted:Left,Indent:Left: 2.19",Right: 2.2",Space After: 0 pt,Line spacing: single T ��s n TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Preamble...............................................................................................................................6 ARTICLE ONE:FUNDAMENTALS Section1: Recognition ................................................................................................7 Section 2: No Discrimination....................................................................................... 7 Section 3: No Strikes or Lockouts.................................................................................7 Section4: Layoffs.........................................................................................................7 Section 5: City[Union Meetings .................................................................................7 Section 6: Union Business ............................................................................................7 Section 7: Management Rights......................................................................................9 Section 8: Employee RightsContracting Out.................................................................10 Section 9: Employeeghts...........................................................................................11 ARTICLE TWO:LEGAL LIMITATIONS,SAVINGS CLAUSE&TERM Section 1: Legal Limitations and Savings Clause......................................................... 12 Section2: Term..............................................................................................................12 Section 3: Modification and Waiver..............................................................................12 ARTICLE THREE:ORGANIZATIONAL SECURITY Section l: Organizational Security.................................................................................13 Formatted:Font:Not Bold,Not Expanded by b /Condensed. y Formatted:Indent:Left: 0.15",Tab stops: 1.15",Left+ 6.31",Right,Leader:... ARTICLE FOUR COMPENSATION Formatted:Indent:Left: 0",Tab stops: 1.15",Left+ 6.31",Right,Leader:... Section 1: CexpelieatienSalarles...................................................................................15 Section2: Acting Pay.....................................................................................................15 Section3: Bilingual Pay.................................................................................................16 2 Section4: Certification Pay............................................................................................16 Section5: Longevity Pay...............................................................................................19 Section6: Merit Steps ...................................................................................................20 Section 7: Premium Pay ...............................................................................................20 Section 8: Training and Recertification Time................................................................21 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization.................................................................................22 Section 2: F.L.S.A.Overtime.........................................................................................22 Section 3: Compensatory Time......................................................................................22 Section 4: Call Backs ................................................................................................2325 Section 5: Pahee Dispateh Holdover.............................................................................23 Pay 25 ARTICLE SIX:UNIFORMS&SAFETY BOOT/S-HOEFOOTWARE ALLOWANCE Section l: Uniforms&Safety Be Footwareear Allowance............................425 Formatted:Left ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Sectionl: Medical..........................................................................................................25 Section2: Cafeteria Plan.................................................................................................25 Section3: Dental ...........................................................................................................25 Section4: Vision............................................................................................................26 Section 5: Life Insurance................................................................................................26 Section 6: Deferred Compensation.................................................................................26 Section 7: Other City Employee Programs....................................................................26 ARTICLE EIGHT:RETIREMENT Section1: P.E.R.S. ........................................................................................................27 3 Section 2: P.E.P.S.Supplemental PlansP.E.R.S.Retirement Benefits...........................27 Section 3: Retiree Medical..............................................................................................27 ARTICLE NINE: HOLIDAYS Section1: Holidays........................................................................................................29 Section 2: In-Lieu Holidays............................................................................................29 ARTICLE TEN:VACATION Section 1: Vacation Leave. ..............................................................................................31 Section 2: Vacation Accumulation....................................................................................31 Section 3: Scheduling of Vacation.....................................................................................32 ARTICLE ELEVEN: SICK LEAVE Section1: Sick Leave.. ......................................................................................................33 ARTICLE TWELVE:LEAVE BENEFITS Section1: Jury Duty.........................................................................................................34 Section 2: Bereavement Leave...........................................................................................34 ARTICLE THIRTEEN:WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions.........................................................................................................36 Section 2: 4/10 Work Schedule..........................................................................................36 Section 3: Work Schedule..................................................................................................36 Section 4: Standby Policy..................................................................................................36 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure.................................................................................................................39 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE DisciplineProcedure.................................................................................................................41 4 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee........................................................................................45 SIGNATURE PAGE Signatures ................................................................................................................................46 5 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911(TEAMSTERS) PREAMBLE This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by and between the City of Vernon(hereinafter referred to as"City")and the California Teamsters,Public, Professional and Medical Employees Union, Local 911, affiliated with the International Brotherhood of Teamsters(hereinafter referred to as the"Union").It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the Employees covered by this MOU.This MOU is entered into with reference to the following facts: A. Representatives of management for the City of Vernon (hereafter "City") and representatives of Teamsters Local 911 (hereafter"Union")have met and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee-members represented by the Union. B. The management representatives and the representatives of the Union have reached an understanding as to recommendations to be made to the City Council for the City of Vernon and to the membership of the Union. C. This MOU incorporates,contains,and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified. 6 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the California Teamsters,Public,Professional,and Medical Employees Union, Local 911 ("Union") as the certified majority representative of the employees, comprised of Addendum A,as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual or employee with respect to his/her compensation,terms,condition,or privileges of employment or because of an individual's race,color,sex,religion,national origin,age, marital status,disability, pregnancy,sexual orientation,political or religious opinions or affiliations,or membership or non- membership in the Union. The City and Teamsters agree that the City's policies set forth in the City of Vernon's Personnel Policies and Procedures Manual and the Administrative Manual shall be applied in a non- discriminatory manner as prohibited by state and federal anti-discrimination,anti-harassment and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies. Section 3: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union,and no lockouts shall be made by the City. Section 4: Layoffs In accordance with the Meyers-Milias Brown Act, the City and the Union shall meet and confer on the effect of its actions to layoff.This will occur prior to implementation of layoffs,except in emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article I1, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff. Section 5: City/Union Meetings Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern. Section 6: Union Business i � 7 I i i I A. Use of Bulletin Boards The City shall provide the Union designated bulletin boards where employees will have access during regular business hours,subject to the following conditions: 1. All Postings for bulletin boards must contain the date of posting and the identification of the Union,and 2. Union will not post information,which is defamatory,derogatory,or obscene,subject to the immediate removal of the right to post for a period not to exceed ninety(90)days. 3. The City will provide separate bulletin boards for the exclusive use of the Union at the following locations: A. Lunchroom in the City Yard. B. Communications Center in Police Department. C. West wing lunchroom on the second floor of City Hall. D. South wing lunchroom on the second floor of City Hall. E. Lunch room on the third floor of City Hall. B. Access to Facilities Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours. Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: Obtain authorization for the visit from the Human Resources Director or designee.In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two(72)hours of the request. The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee,which shall include the date,time,and number of people expected.Approval will be granted in the same manner as it is granted to other organizations. C. Shop Stewards The City agrees to recognize up to five(5)Stewards appointed by the Union.One of the five(5) shall be appointed by the Union as the Chief Steward.The Union shall notify the City in writing of the names and departments of each Steward and Chief Steward. D. Union Business 8 The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards' and/or employees' regular work duties.If a Steward must leave his/her work location to conduct Union related business,he/she shall first obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available.To the extent reasonable and compatible with City operational needs,such time will not be more than forty-eight(48)hours,excluding scheduled days off and/or legal holidays,after the time of the Steward's request unless otherwise mutually agreed upon.For purposes of this section, "Union Business" shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings,health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee. The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up-to twice per year,up to one(1)hour per meeting. The City agrees to release up to five(5)Stewards per year to attend a one(1)day Union sponsored Steward seminar located in Southern California.The Union shall provide the City at least ten(10) calendar days prior written notice of the request to release the Stewards for the seminar. Such request shall include the date and start/end time of the seminar.City vehicles may be made available upon request subject to availability and the City's vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. E. Union Participation in New Employee Orientation A Teamsters Local 911 representative(s)shall be notified of new employee orientations and shall be allowed to make a presentation to new hires for the sole purpose of providing employees with information regarding Teamsters Local 911 during City Hall hours. Section 7: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Formatted:Indent:Left: 0.4' Code, and expressly and exclusive) retains its management rights, which include, but are not Formatted:Indent:Left: .+ t Numbered+Level:1+ p y y g g Numbering Style:A,B,C,...+Start at:1+Alignment:Left limited to: +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" Formatted:Indent:Left: 0.4" ■A. The exclusive right to determine the mission of its constituent departments,commissions; Formatted:Indent:Left: 0.15",Numbered+Level:1+ and boards; Numbering Style:A,B,C,...+Start at:1+Alignment:Left +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" fB_Set standards and levels of service; Formatted:Indent:Left: 0.4" Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left ■C. Determine the procedures and standards of selection of employment and promotions; +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" 9 - Formatted:Indent:Left: 0.4" ■D. Direct its employees; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left IRE. Establish and enforce dress and grooming standards as outlined by City Management in +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" writin Formatted,Indent:Left: 0.4" t. Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left OF. Determine the methods and means to relieve its employees from duty because of lack of +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" work or other lawful reasons; Formatted:Indent:Left: 0.4" Formatted:Indent:Left: 0.15",Numbered+Level:1+ ■G. Maintain the efficiency of government operations; Numbering Style:A,B,C,...+Start at:1+Alignment:Left +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" OR Determine the methods, means numbers, and kinds of personnel by which government- Formatted:Indent:Left: 0.4" operations are to be conducted; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" EI_Determine the content and intent of job classifications; Formatted:Indent:Lett: 0.4" WJ.Determine methods of financing; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" ■K. Determine style and/or types of City issued wearing apparel,equipment,or technology to- [Formatted:Indent:Left: 0.4" be used; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left OL_Determine and/or change facilities, methods, technology, means, organizational structure +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" size,and composition of the work by which the City operations are to be conducted; Formatted:Indent:Left: 0.4" Formatted:Indent:Left: 0.15",Numbered+Level:1+ ■M.Determine and change the number of locations and types of operations, processes and' Numbering Style:A,B,C,...+Start at:1+Alignment:Left g YP P P +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" materials to be used in carrying out all City functions including,but not limited to, the right Formatted.,Indent:Left: 0.4" to contract for or subcontract any work or operations of the City; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left ON. To assign work to and schedule employees in accordance with requirements as determined. +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" by the City and to establish and change work schedules and assignments upon reasonable Formatted:Indent:Left: 0.4" notice; Formatted:Indent:Left: 0.15",Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+Alignment:Left fO. Establish and modify productivity and performance programs and standards; +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5" Formatted:Indent:Left: 0.4" fP_Dischar e,suspend,demote,reprimand,withhold salary increases and benefits,or otherwise- Formatted:Indent:Left: 0.15",Numbered+Level:1+ g P P y Numbering Style:A,B,C,...+Start at:1+Alignment:Left discipline employees in accordance with applicable laws and with the provisions of this +Aligned at: 0.25"+Tab after: 0.5"+Indent at: 0.5' MOU, including without limitation Article II, Section 6 - Probationary Period and 9 - Formatted:Indent:Left: 0.4" Disciplinary Actions; Formatted Formatted:Indent:Left: 0.4" ■GTake all necessary actions to carry out its mission in emergencies;and - Formatted F21 MR. Exercise complete control and discretion over its organization and the technology of Formatted:Indent:Left: 0.4" performing its work. Formatted ...f31 Formatted:Indent:Left: 0.4" The Union expressly and speeifioally agrees that oxeept te the ext@nt that the City's rights are Formatted f41 Formatted:Indent:Left: 0.4" and^ nfefon of the City'"rights; idea however,that if theThe Union and City agree that Formatted f51 if the City's exercise of these rights impacts wages,hours,or terms and conditions of employment, 10 the City will meet and confer on the effect of its actions.This will occur prior to implementation except in emergency circumstances as defined in law.The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights. Section 8: Contracting Out The City and the Union share a common interest in maintaining the stability and the security of the City's workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made,and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s),the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted. Section 9: Employee Rights The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union.The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights. 11 ARTICLE TWO LEGAL LIMITATIONS,SAVINGS CLAUSE,AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding(including,but not limited to, the provisions of the Fair Labor Standards Act)and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2• Term (a) Except as otherwise provided herein,this Memorandum of Understanding shall be in full force and effect from July 1,24142016,and shall remain in full force and effect up to and including midnight, the 30th day of June 24162019 or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. The City and the Union 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 1,20462019 and March I,201615,2019. Section 3: Modification and Waiver The Union and the City hereby agree that no changes in this MOU regarding the hours or other conditions of employment of employees in the classification represented by the Union that would take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to such changes. The City reserves the right to add to,delete from,amend, or modify the Administrative rules,the City Municipal Code,and the City's Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding,subject to the requirements of the Meyers-Milias-Brown Act. 12 ARTICLE THREE ORGANIZATIONAL SECURITY Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Union the Union's initiation fee and periodic dues for members of the Union. Any unit member who is not a member of the Union,or who does net_rnal esubmit an application for membership within thirty(30)days following the effective date of this paragraph,or,for those hired after the effective date of this paragraph,within thirty(30)days from the commencement of duties,shall become a member of the Union or,if approved by the Union membership as governed by the Meyers-Milias Brown Act,pay to the unionUnion a fee in an amount equal to the Union's periodic dues:provided,however,that the unit member may authorize payroll deductions for such fee in the same manner as provided in the paragraph above. Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month. The parties agree that the obligations herein are a condition of continued employment for unit members.The parties further agree that the failure of any unit-member to remain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall constitute,generally,just and reasonable cause for termination. The City shall not be obligated to put into effect any new,changed or discontinued deduction until a pay period commences fifteen(15)working days or more after such submission. No unit member shall be required to join the Union or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion,body,or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must,instead,arrange with the Union to satisfy his/her obligation by donating the equivalent amount to one of the following non religion charitable fund,tax exempt under section 501(c)(3)of the Internal Revenue Code,chosen by the employee: • United Way • City of Hope • Los Angeles Regional Food Bank Whenever a unit member shall be delinquent in the payment of dues or fees,the Union shall give the unit member written notice thereof and fifteen(15)days to cure the delinquency;a copy of said notice shall be forwarded to the Human Resources Department..In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance/Appeal/Arbitration procedures. The City shall not deduct money specifically earmarked for a PAC or other political activities unless 13 i i i i i such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and,upon request,to the employees who are members of the unit, within sixty(60)days after the end of its fiscal year,a detailed written financial report in the form of a balance sheet and an operating statement,certified as to accuracy by its president and treasurer or principal officer,or by a certified public accountant.A copy of financial reports required under the Labor-Management Disclosure Act of 1959,or Government Code section 3546.5,shall satisfy this requirement. The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, the Union shall have the right to decide and determine litigation, settlement, and/or appeal strategy. Any such decision on the part of the Union shall not compromise or diminish the Union's indemnification obligations under this agreement. The City, immediately upon receipt of notice of such legal action shall inform the Union of such actions,provide the Union with all information,documents,and assistance necessary for the Union's defense or settlement of such action and fully cooperate with the Union in providing all necessary witnesses,experts and assistance necessary for such defense. The Union,upon compromise or settlement of such action,shall immediately pay the parties to such action all sums due under such settlement of compromise. The Union, upon final order and judgment of a court or administrative body of competent jurisdiction awarding damages to any prevailing party,shall pay to such party all sums owing under such order and judgment. Formatted:Justified,Right: 0",Space After: 0 pt,Line spacing: Multiple 0.96 li,Tab stops: -0.83",Left+ -0.5", Left+ 0",Left+ 0.38",Left+ 1.13",Left+ 1.88",Left+ 2.38",Left+ 2.75",Left+ 3",Left+ 3.25",Left+ 3.75", Left 14 ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective june 29 201n (the beginning of the. period ineludin^July 1,2014) 10,2016, each employee represented in the Union shall be placed within the proposed grade and step pay plan as a result of the City wide classification and compensation study based upon the 75t"percentile,at the grade and step that is closest to but not less than his/her current base salary. B. If the parties are unable to finalize all compensation and classification studies by July 1,2016, the parties agree to finalize the studies no later than January 1,2017 and those employees who are entitled to a change in their compensation shall have such change retroactively implemented to July 10, 2016. The parties further agree that if they are unable to reach agreement regarding the classification and compensation studies, those disputes shall be submitted to the City Administrator for final determination. Any retroactive implementation of the compensation and classification study shall not impact an employees' receipt of the salary adjustment in Section(C)below. IBC.Employees whewhose salaries are above the maximum recommended grade and step plan shall be Y-rated and their respective salaries frozen during the term of this e^*rant for the time period during which their salaries exceed their maximum grade and step. It is understood by the parties that y-rated employees'salaries may come out of y-rating upon the implementation of the salary adjustments provided in Sections(E),(F),(G)and(H)below. ED €+apleyee-sNotwithstanding Section (B),employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier shall be grandfathered into the classification's previously applied salary schedule. All merit increases due to each Senior Environmental Specialist shall be based on the grandfathered-salary schedule. Employees in the Senior Environmental Specialists classification since July 1,2014 or earlier shall not be eligible for the three(3)salary adjustments set forth in subsection(D))F F( ),and(€))Q)below. D-.E. E+� Notwithstanding Section(B),effective July 10,2016(the heginningfirst day of the first full pay period including r,aa"aryT, 291�in Fiscal Year 2016-20171 employees represented in the Union(excluding Y-rated employees,sub e to the exception set fee-tb in subs�7r and employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier) shall receive a '.C% eest of h higmo percent (2.0%) salary adjustment increase. E.F. Erie Notwithstanding Section(B),effective July 9,2017Sthe heginni-ngfirst day of the first full pay period imluding July 1,2013,in Fiscal Year 2017-2018), employees represented in the Union (excluding Y-rated employees, see!4e-and employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier) shall receive a 1.5% cot of liv ngtwo percent (2.0%) salary 15 adjustment increase. G. AsNotwithstanding Section(B),effective July 8,2018(the first day,of r��'�1^r,the-first Formatted full Jay period in Fiscal Year 2018-2019), employees who arerepresented in the Union excludin Y-rated at base salariesAO or less aboved a gradeem lloyees and step planemployees in the Senior Environmental Specialist classification since July 1,2014 or earlier)shall be eligible tO receive the Basta two percent (2.0%)salary adjustment increase. lH. The City agrees that if other bargaining units, or unrepresented employees in the management or confidential classifications, receive a salary adjustment increase of h Formatted:bumpedfontl5,Font:10 pt,Font color:Black inereases set forth in subseetion^ ('`more than two percent(2%)annually during the term of this Agreement,it shall provide the same salary adjustment to employees represented by the Union. The City further agrees that if it provides salary adjustments for any y-rated employee as part of any negotiated agreement with any other bargaining unit or for any unrepresented employees in the management and(E`er confidential classifications,the Formatted:bumpedfont15,Font:10 pt,Font color:Black City shall provide the same salary adjustment to y-rated employees represented by the Union. Formatted:Font:10 pt Section 2: Acting Pay Employees assigned for six weeks or more to a higher position in an acting status during the absence of an incumbent,or to fill a vacancy until the vacancy can be filled by appointment,shall be eligible for Acting Pay. If all the conditions listed in Personnel Policy I-4,Acting/Interim Appointments have been satisfied the employee shall be compensated at either the beginning step of the higher classification,or 5%higher than he/she normally receives,whichever is greater, during the period of time that the employee is assigned to the higher position. Formatted:Justified,Line spacing: Multiple 0.96 li,Tab The employee must serve a minimum of 80 consecutive hours in the higher classification to be stops: -0.83",Left+ 0",Left+ 0.5",Left+ 1.13",Left+ compensated at the higher rate. This compensation shall be retroactive to the first hour of the 1.88",Left+ 2.75",Left+ 3",Left+ 3.25",Left+ 3.75", p g p Left+Not at -1"+ 0.31"+ 0.63"+ 1.01"+ 1.35"+ acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months 1.69"+ 2.03"+ 2.7"+ 3.04"+ 3.38"+ 3.71"+ 4.05"+ from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures I- 4.38"+ 4.69"+ 5"+ 5.31"+ 5.63"+ 5.94"+ 6.25"+ 4 Actin /Interim Appointments fors specific details. 6.56 + 6.88"+ 7.19"+ 7.5"+ 7.81"+ 8.13"+ 8.44"+ g pp p 8.75"+ 9.06"+ 9.38"+ 9.69"+ 10"+ 10.5"+ 11"+ 11.5"+ 12"+ 12.5"+ 13" Section 3: Bilingual Pay An employee may be eligible teshall be compensated for bilingual pay if his/her regular job duties ^^ :., his/her job d@serip4on provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test administered by an agency or vendor approved by the Human Resources Department.Those employees who successfully demonstrate this skill would be eligible to receive an additional$125.00 per month for bilingual pay. 16 i i i i I I Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City's previous policy. Section 4: Certification Effeetiv&Payfffective July 1,241-52016,an employee shall be eligible,on a first eeme first serwe basi-s,to receive certificate pay in the amount of 2.5%of the employee's base rate of pay for possession of a maximum of one(1)of the below certificates within his/her respective classification. during the term of this eentr ct Employees shall be required to annually submit eligibility documentation upon request by the Human Resources Department.The Human Resource Department shall confirm that eligible certifications are not required as part his/her respective classification. Employees who have received the certification pay during the term of the prior Agreement shall continue to be eligible to receive the certification pay during the term of this Agreement. CLASSIFICATION CERTIFICATE PAY Formatted Table As designated by the City Administrator Notary Public-Employees designated by the City Administrator to perform notary public services on behalf of the City Electrical Inspector ICC— Building Inspector and Safety Assessment Program(SAP)Evaluator(Both certificates required) ICC—Plumbing Inspector UPC ICC—Mechanical Inspector UMC Certified Access Specialist-CASP(Only 2 employees eligible in the inspector classification series) Professional Electrical Engineer Associate Engineer Professional Engineer(Traffic,Geotechnical) -Only one Traffic, Geotechnical and Land Surveyor certificate required for the entire en i neeri ng series Professional Land Surveyor Engineering Aid Certified Landscape Auditor(Water position only) Backflow Tester Certificate(Water position only) Facilities Maintenance Worker,Lead Class B Commercial Driver's License Public Works Degree/Certificate Facilities Maintenance Worker,Senior Class B Commercial Driver's License 17 Public Works Degree/Certificate Mechanic,Lead Class B Commercial Driver's License Welding Certification(Only one welder certification required in the mechanic classification series) Mechanic,Senior Class B Commercial Driver's License Welding Certification(Only one welder certification required in the mechanic classification series) Mechanic Class B Commercial Driver's License Welding Certification(Only one welder certification required in the mechanic classification series) Senior Building Inspector ICC—Electrical Inspector ICC-Plumbing Inspector UPC ICC—Mechanical Inspector Certified Access Specialist-CASP(Only 2 employees eligible in the inspector classification series) Professional Engineer(Civil,Structural,or Geotechnical) Plumbing,and Mechanical Inspector ICC—Building Inspector and Safety Assessment Program(SAP)Evaluator Both certificates required ICC—Electrical Inspector Certified Access Specialist-CASP(Only 2 employees eligible in the inspector classification series) Professional Mechanical Engineer Project Engineer Professional Engineer(Traffic,Geotechnical) Professional Land Surveyor—(Only one employee with a traffic,geotechnical or land survey license required in the engineering series). Street Maintenance Worker,Senior Class B Commercial Driver's License Public Works Degree/Certificate Pesticide Applicator Certification(Up to two employees rotated annually) Street Maintenance Worker Class B Commercial Driver's License 18 Pesticide Applicator Certification(Up to two employees rotated annually) Lead Water&Street Maintenance Worker Class B Commercial Driver's License Pesticide Applicator Certification(Up to two employees rotated annually) Public Works Degree/Certificate Water Maintenance Worker,Senior Class B Commercial Driver's License Water Maintenance Worker Class B Commercial Driver's License Fire Code Inspector ICC—Building Inspector ICC—Fire Plans Examiner Environmental Specialist,Senior CA DPH Inspector/Assessor(Lead)(One employee only in the Environmental classification series) Vector Control Technician Certified Professional Storm Water Quality, Qualified SWPP Developer or Qualified SWPPP(Non-cumulative. Only one certificate pay for one of the certifications within the series) Practitioner Solid Waste Assoc.of North American(Only two employees eligible in the Environmental Specialist classification series) National Registry of Environmental Professional Environmental Specialist CA DPH Inspector/Assessor(Lead)(One employee only in the Environmental classification series) Vector Control Technician AWWA—Backflow Tester AWWA—Cross Connection Specialist Solid Waste Association of North American Certification National Registry of Environmental Professional Police Dispatcher Advanced Public Safety Dispatcher Intermediate POST Certificate Training Officer Certificate Police Dispatcher,Lead Advanced Public Safety Dispatcher Intermediate POST Certificate 19 Training Officer Certificate Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5)Years of Service All eligible employees who have five (5)years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%)per month of their base salary effective July 1, 1986,and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986,shall be entitled to said five percent (5%)per month upon said anniversary date. Ten (10)Years of Service All eligible employees who have ten (10)years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%)per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987,shall be entitled to said ten percent (10%)per month upon said anniversary date. Fifteen (15)Years of Service All eligible employees who have fifteen (15)years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%)per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%)per month upon said anniversary date. Twenty (20)Years of Service All eligible employees who have twenty (20)years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%)per month of their base salary effective July 1, 1989, and every year thereafter.Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. B. Employees Employed On or After July 1, 1994 and on or before December 31,2013. Five (5)Years of Service 20 All eligible employees who are employed on or after July 1, 1994 and on or before December 31,2013,who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%)per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%o)per month upon said anniversary date.Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31,2013. The discontinuation of the longevity benefit outlined in this subsection for employees hire after December 31,2013,shall-be contingent when the City successfully reaches agreement on the same proposal as presented with all other represented and unrepresented employees working in the City. Section 6: Merit Steps A. Effeetive..un 015 thry gh May 31 2016, effiplayees ..he in the.1;.eretion of the Department Head and in aeeerdaneo with the City's Perfermanee Evaluation Pokey, have attained afte year of satisfaetefy sefN,iee as ef theiF elassifleatiOR aflnivefSafy Elate will be eligible to receive a 5% merit step increase. The 5 merit increase shall not ..............................m salary ef step.,. ..,.,pay grade. Futu. anysaid grade shall remain t the sale dice- tiers of the C ty Coto.,.:1.Effectiye July 10, 2016, employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved a "satisfactory" performance evaluation or better as of their immediately preceding annual performance evaluation. During the second and third years of this Agreement only,the City agrees to provide merit salary advances to employees who achieve an overall "above average" as of their immediately preceding annual performance evaluation (s). Employees shall continue to receive their annual evaluations as outlined in the City's Performance Evaluation Policy, except that employees shall have a full year to earn an overall"above average"performance Formatted:Highlight evaluation rating for the purposes of earning merit increases in the second and third years of this Agreement, and do so with a clear understanding of the "above average" Formatted:Highlight qualification.Employees may receive more than one merit salary advance during the term of this Agreement. B. The merit salary advances earned during the fiscal year 16-17 shall go into effect on July 9, 2017. The merit salary advances earned during the fiscal year 17-18 shall go into effect on July 8,2018. The parties agree to reopen negotiations regarding this Section B,at the City's option, based on the City's financial position to afford the merit salary advances. C. During the second and third year of this Agreement only, an employee may file an appeal to the City Administrator regarding an annual performance evaluation that does not rate them as `,above average" and therefore makes them ineligible for a merit salary advance Formatted:Highlight under Section (A) above. The City Administrator, or his or her designee, shall consider such an appeal within thirty calendar days of receipt of the written appeal. The City Administrator's designee,if one is appointed,shall not be in the employee's direct chain of command. The decision of the City Administrator,or his or her designee,shall be final and binding. 21 D. During the second and third year of this Agreement,an employee who does not receive an annual performance evaluation within twelve work days of their classification anniversary date shall be deemed to have received a"satisfactory"evaluation,and shall not be denied movement to the next merit salary_advance,as prescribed in this Section,due to his or her supervisor's untimely annual evaluation. E. The effective date of these merit salary advances shall not alter the employee's actual classification anniversary date. Section 7: Premium Pay After approval by the City Administrator and Director of Human Resources, premium pay as defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant this salary step over the base class. 1. 5%Premium Pay-A temporary 5%increase in pay shall be given to employees during periods when they assume some of the duties of higher-level job classes for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage. 2. 10% Premium Pay — A temporary 10% increase in pay shall be given to employees when in the judgment of the Department Head and concurrence with the City Administrator they assume significantly more complex additional duties and responsibilities not normally found in their class for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage. 3. 5%Dispatcher Training Pay—A temporary 5%increase in pay shall be given to Police Dispatchers when they are designated by the Police Chief or designee to train newly hired employees in the Police Dispatch Center. Please refer to Personnel Policy and Procedures II-3 Salary Plan Administration for specific details. Section 8: Training and Recertification Time Training and/or recertification time that is required by the employee's then current job description on file with the Human Resources Department or approved in advance by the Department Head is compensable. 22 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of the respective-supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: F.L.S.A.Overtime Employees will be paid overtime at time and a half(1.5)for all eligible hours worked in excess of forty(40)hours in a single workweek. Holidays (regular,in-lieu, and floating), vacation time, compensatory time, paid jury duty leave, sick leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Union leave,unpaid jury leave,disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. Section 3: Compensatory Time In lieu of cash payment,an employee may request compensatory time for overtime worked.Accrual of compensatory time shall be limited at any point in time to a maximum of sixty(60ei ht 80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate. A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer. B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10)day notice of intended use from the employee. Management may waive the ten(10)day notice in cases of emergency.Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known. Formatted:List Paragraph,Left,Space Before: 0.3 pt,Line C_C. Upon promotion to an FLSA exempt classification,all compensatory time off shall spacing: Exactly 13.45 pt,Numbered+Level:1+ be cashed out prior to promotion at the employee's current regular rate of pay in the non- Numbering Style:A,B,c,...+Start at:1+Alignment:Left +Aligned at: 0.25"+Indent at: 0.5",Tab stops: 1",Left+ exempt classification. Not at -0.83"+ -0.5"+ 0"+ 0.56"+ 1.13"+ 1.88"+ 2.38"+ 2.75"+ 3"+ 3.25"+ 3.75" 23 Formatted,Font:Bold,Underline D. Section 4: Call Backs ` 24 Seetien 4e call Peeps Emergency call back duty occurs when an employee is requested to report to duty on a non-regularly scheduled work shift.Emergency call back policy is applicable when an employee is requested to return to work, after the employee's workday is completed and/or prior to when the employee is scheduled to begin his/her shift. Emergency call back does not occur when an employee is held over from his/her prior shift or is working planned overtime. An employee Called Back to duty shall be credited with a minimum of four(4)hours of work at the applicable overtime rate. Any hours worked in excess of four(4) hours shall be credited for actual time worked at the applicable overtime rate. If the employee is Called Back to duty,his/her work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. Section 5: Police Bisaatch.Hold Over Pay A dispateherAn employee following completion of a shift shall be paid double time for each hour held over in excess of four(4)hours beyond the regular shift,regardless of the number of regular hours worked in the pay period�•�^,o Fkweek-For purposes of this section only,Hold Over Pay is applicable when an employee is required to work beyond a regular work shift whether planned and/or unplanned. 25 ARTICLE SIX UNIFORMS &SAFETY FOOT WEAR ALLOWANCE If an employee's job classification requires him/her to wear a uniform while on duty,as designated by the City or employee's Department,the City will provide and launder such uniform. For employees that work in the Police Department,the City will provide the initial set of uniforms to the employees.The newly hired employee will receive: two(2)class A uniforms;two (2)class B uniforms;two(2)polo shirts and one(1)jacket or sweater.On all subsequent anniversary dates for Police Department employees, the City will provide an annual uniform purchase and maintenance allowance of$600.00.The employee's uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. Employees that work in the Fire Department and who are required to wear a uniform while on duty shall receive the uniform allowance identified in the then current Vernon Firemen's Association Memorandum of Understanding. The City will provide a safety beet/sheefoot wear allowance of$200.00 payable in the first pay period in July of each year for those employees required to wear safety boots/shoes.'The boots/shoes purchased must be appropriate to the employee's job classification and must meet applicable CAL- OHSA regulations and City/Departmental policies. Employees receiving the bee6/sheefoot—wear allowance are required to wear the prescribed boots/shoes at all time while on duty. Boots/shoes must be kept in a well-maintained condition to ensure employee safety.The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OHSA regulations and City/Departmental policies. 26 ARTICLE SEVEN HEALTH AND WELFARE BENEFITS Section 1: Medical The City offers various medical plans to employees. The City reserves the right to select, administer,or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article. Section 2: Cafeteria Plan The City and Union agree to a section 125 cafeteria plan(non-cash out),for this bargaining unit effective J-an*ar-yJuly 1, 241-52016. 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 plan as outlined in Subsection A, B and EC below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance,the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. Formatted:root expanded by/Condensed by pay up to$1,120 per menth of thea.e0est of the,plan for empleyees and eligible Elopendents. The eest of any plan selected by the efflpleyee that exeeeds $1,120 shall be paid by the- empleyee through a pre tax payroll deduetiofl-. A. ovide a contribution equal to the total premium costs of Employee-Only,Employeepouse,Employee+Child(ren), or Employee+Family lowest-cost HMO,lowest-cost Dental DMO,and lowest cost vision plan that corresponds with the employees'benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical,dental and vision,will be responsible for any applicable excess premium costs. However,if an employee opts out of dental and/or vision coverage, then they use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January each calendar year of the term of this Agreement. B. During the term of this 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 and defined by the City's insurance provider. 27 B-.C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans,the maximum contribution by the City shall be either the amount set forth in Section A or$1120,whichever is greater. For emloyees enrolled in the PPO/HSA plan,the City shall pay up to Q97enth100%o of the monthly cost of the plan for employees and eligible dependents,not to exceed$870 per month.In addition,for each employee enrolled in a PPO/HSA 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 PPO/HSA plan selected by the employee that exceeds$870 shall be paid by the employee through a pre-tax payroll deduction.The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement. Section 3: Dental: The City of Vernon provides a dental insurance plan to employees.In the event an employee does not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 4: Vision The City of Vernon provides a vision care plan to employees.The City shall pay 100%of the cost of such a plan for employees only.Employees shall have the option of^ `ehasing vision eare r^~ their dependents at a cost of$6.95 faf:one dependent or$13.95 for two or-niefe 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 (CVVP)that fall below$150 shall be raised to$150. Formatted:Justified,Tab stops:Not at 1" Section 5: Life Insurance The City provides a$20,000 life insurance plan to employees.The City shall pay 100%of the cost of such plan for employees.The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. Section 6: Deferred Compensation Employees are eligible to participate in the City's Deferred Compensation Program. 28 Section 7: Other City Employee Programs Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas of,but not limited to the following: • Computer loan purchase plan • Corrective eye surgery plan • Flexible Spending Plan • Hearing aid devise plan • Tuition reimbursement plan • Employee Assistance Program(EAP) 29 I i I ARTICLE EIGHT RETIREMENT Section 1: Public Employee Retirement System("PERS") The City shall maintain its contract with the California Employees Public Retirement System (PERS)that provides employees with 2.7%at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new Ca1PERS members hired on or after January 1,2013 who meets the definition of new member under PEPRA,shall be provided a 2.0%at 62 PERS retirement benefit plan. Employees shall be responsible for paying their employee's contribution to PERS. The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning PERS are amended during the term of this contract. Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to employees under PERS as follows: • Gov't Code Section: 20042—(Classic Members Only)One Year Final Compensation • New employees hired on or after January 1,2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov't Code Section: 21024-Military Service Credit as Public Service • Gov't Code Section: 21548—Pre-Retirement Option 2W Death Benefit • Gov't Code Section: 21573—Third Level of 1959 Survivor Benefits Section 3: Retiree Medical A. The City will pay up to the amount equivalent to the then current,lowest cost,employee only HMO insurance premium for the City's medical and/or dental insurance premium(s) for all full-time regular employees who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. 30 B. All full-time regular employees with at least thirty (30)years of continuous uninterrupted service who retire before the age of sixty (60)years will be permitted to pay their medical and/or dental insurance premiums,and, upon reaching the age of sixty (60),the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). C. Ali full-time regular_employees,who retire�witk A minimulnjof teq(10) years,of continuous Formatted:Not Raised by/Lowered by uninterruptec), service witl>,the City,may,pay, the premiums), for medical and/or de a-I Formatted:Not Raised by/Lowered by insurance. Formatted:Justified,Indent:Hanging: 0.5" Formatted:Not Expanded by/Condensed by,Not Raised D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A,B amid' by/Lowered by C above, shall be for retired employees only and shall not include their spouses or Formatted:Not Expanded by/Condensed by,Not Raised dependents. ;' by/Lowered by u, Formatted:Not Raised by/Lowered by E. All retired employees who receive medical and/or dental insurance benefits pursuant s0'' Formatted:Not Expanded by/Condensed by,Not Raised subsections A, B,or C above and who reach the age of sixty-five (65),are required to po by/Lowered by enrolled in Medicare, and shall show proof of such enrollment, where upon the City.'s Formatted:Not Raised by/Lowered by insurance policy will become supplemental coverage,if applicable. Formatted:Not Expanded by/Condensed by,Not Raised 01; ' by/Lowered by F. The City's obligation to make any payment under the retiree medical benefits program shall Formatted:Not Raised by/Lowered by automatically terminate and cease upon the death of the retired employee. 0 Formatted:Not Expanded by/Condensed by,Not Raised by/Lowered by G. The offer of the retiree medical benefits is not a vested right for future years. Formatted:Not Raised by/Lowered by Formatted:Not Expanded by/Condensed by,Not Raised by/Lowered by Eligible retired employees may not to enroll in the City's medical and/or dental insurance_ Formatted.Not Raised by/Lowered by coverage and instead receive a monthly reimbursement payment equivalent to the then- Formatted:Not Expanded by/condensed by,Not Raised current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance^.,,..' by/Lowered by premium. An eligible retired employee who chooses this option and later has no Formatted:Character scale:100%,Not Raised by/Lowered reimbursable expenses is still eligible to receive the reimbursement at a later time when he or, by she does have qualifying reimbursable expenses.Once an employee who has opted out Formatted:Not Expanded by/Condensed by reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then Formatted:Not Expanded by/Condensed by current cost of supplemental coverage.Once a retired employee opts not to enroll in the ° Formatted:Not Expanded by/Condensed by City's medical and/or dental insurance,he or she will not be allowed to re-enroll in the City's Formatted:Not Expanded by/Condensed by health p1ariS.. Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Character scale:100% Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by Formatted:Character scale:100% Formatted:Justified 31 ARTICLE NINE HOLIDAYS Section 1: Holidays A. All full-time employees,excluding employees assigned to a 24/7 operation,shall be provided with the following holidays with pay based on the number of hours constituting a regular working day,subject to the provisions below. 1. January 111- New Year's Day 2. The 3rd Monday in January—Martin Luther King,Jr.Day 3. The 3,d Monday in February—Presidents Day 4. March 3Is'—Cesar Chavez Day 5. The last Monday in May—Memorial Day 6. July 41h—Independence Day 7. The first Monday in September—Labor Day 8. The second Monday in October—Columbus Day 9. November 111h—Veterans Day 10.The 41h Thursday in November—Thanksgiving Day 11.December 241h—Christmas Eve 12.December 251h—Christmas Day 13.December 3111—New Year's Eve 14.Such other days as may be designated as holidays by the City Council of the City of Vernon (employees assigned to a 24/7 operation shall receive an equivalent number of in-lieu hours) B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to employees. C. Temporary,and part-time employees are not eligible for paid holidays. D. An employee whose regular shift assignment falls on a scheduled holiday and who is required to work on that day shall be paid at his/her regular-rate of pay for the holiday,plus overtime pay for his/her regular hours worked(excluding employees assigned to a 24/7 operation). E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay,but shall instead receive In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters' members,subject to the provisions below. Section 2: In-Lieu Holiday Time A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not receive the benefits of regular legal holidays,-shall be granted In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters' 32 members effective January I"of each calendar year. B. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. C. In-Lieu Holidays must be taken prior to December 3111.Holidays may be taken as days off at the employee's discretion,subject to the approval of the Department Head or designee. D. It shall be the responsibility of the employee to make a record of a good faith effort to utilize all In-Lieu holiday time within the applicable calendar year.If such effort is demonstrated,in or about January of each year,the employee shall be paid for said In-Lieu Holidays not taken within the preceding calendar year.Compensation for unused In-Lieu holidays shall be calculated using the employee's regular rate of pay,including all compensation computed in accordance with the applicable base rate,as of December 315� of the applicable calendar year. E. I%_ An employee who resigns,retires,transfers out of a 24/7 operation or is terminated shall be compensated on a prorated basis for In-Lieu holiday time not yet taken.Proration shall be determined by the number of holidays that occurred in the calendar year prior to the resignation,retirement,transfer,or termination. 33 ARTICLE TEN VACATION Section 1: Vacation Leave All full-time employees shall accrue vacation according to the following schedule: 4/10 Schedule: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual I"year thru 411 year 80 3.08 5th year thru 911 year 100 3.85 loth year thru 14"year 120 4.62 15'h year thru 241h year 160 6.16 25'h year and more 190 7.31 24/7 Operation: P year thru 41h year 96 3.69 5`h year thni 91h year 120 4.61 loth year thru 14th year 144 5.53 15`h year thru 24"year 192 7.38 25th year and more 228 8.76 If the City agrees to increase the vacation accrual for other employee groups (outside of the Teamsters' Union),excluding executives,who have worked for the City for 25 years or more,the City agrees to a re-opener at the Union's request to discuss the differing vacation policy(ies). Section 2: Vacation Accumulation A. No vacation leave shall be carried over into the next calendar year that exceeds the maximum number of hours the employee was eligible to accrue during the immediately preceding year. In or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. Compensation for unused vacation in excess of the allowed accumulated maximum shall be calculated using the employee's regular rate of pay, including all compensation computed in accordance with the applicable base rate,as of December 3111 of the applicable calendar year. B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or unpaid non-work related disability leave. C. In the event one or more City holidays fall within a vacation period,such holidays shall not be charged as vacation leave.(Except for employees assigned to a 24/7 Operation) D. Upon separation from City employment, compensation shall be paid for vacation leave which has been earned but not taken at the employee's regular rate of pay, including all 34 i I 1 i compensation computed in accordance with the applicable base rate,at time of separation. Section 3: Scheduling of Vacation A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing,within ten(10)business days before the beginning of the vacation.Vacation leave requests for extended times(3 weeks or more), unless an unforeseen emergency exists,shall be submitted at least thirty(30)days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee's seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed.Notwithstanding the aforementioned, Department Heads can continue to exercise discretion in granting vacation leave request. B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested or in excess of the regular scheduled workweek. 35 ARTICLE ELEVEN SICK LEAVE Section 1: Sick Leave �1. Full-time Employees shall accrue 80 hours of sick leave per year,accruing 3.08 of sick Formatted:Highlight hours over 26 pay periods per year.If the full-time employee works,or is on regular paid status,less than a full year,the hours of sick leave will accrue on a pro rata basis.Part- time and temporary employees(excluding Ca1PERS retired annuitants)working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one(1) hour per every 30 hours worked. Employees only receive sick leave accrual while they are in a paid status. B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick leave.This bank of carry-over sick leave would provide a cushion for longer-term illnesses and injuries. C. Annually,any sick leave hours exceeding 960 will be compensated for at the end of the year at 50%of the employee's regular hourly rate. D. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50%of his/her then current regular hourly rate of pay. JE. If an employee retires from the City with 15 to 20 years of continuous service,he/she will Formatted:Highlight be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50%of his/her then current regular hourly rate of pay.If an employee retires from the City with 20 or more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100%of his/her then current regular hourly rate of pay. F. An employee who is out on sick leave for more than two(2)consecutive days shall be required to provide the City with a doctor's note for the sick leave in order to be paid for the sick leave. 36 ARTICLE TWELVE LEAVE BENEFITS Formatted:Highlight Formatted:Highlight A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay"and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty.The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible,but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work.An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their Supervisor,either in person,verbally,voicemail message or in writing(electronic),on the day hey are released from their jury duty obligations. C. Except as herein provided,employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served.Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation.Jury duty performed on an employee's regular day off shall not be compensated by the city and the employee shall be entitled only to the court's compensation for duty performed on such employee's regular day off.Employees assigned to jury duty on a holiday will be considered to have taken such a holiday and will receive regular holiday pay,but the employee shall be entitled to the jury compensation for duty performed on such holiday. D. For those employees working graveyard and swing shift,or other shifts starting at an early and/or late hour(i.e.,5:00 a.m. or 9:00 p.m.),Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m.to 9:00 a.m.Monday thru Friday while the employee is serving on jury duty.This temporary workweek reassignment shall be for the balance of the scheduled workweek.Reassignment of duties may also be made to maximize an employee's productivity prior to,and following release from jury duty. E. If an employee is required to serve on a jury for a period longer than two weeks,the employee shall be entitled,at the employees' option,to use any accrued leave time,other than sick time,during the period of extended jury service.The employee shall continue to receive all paid benefits,and shall continue to accrue eligible leave benefits. Section 2: Bereavement Leave Permanent full-time employees,regardless of period of service,may in the event of death or where death appears imminent,of any"immediate family member"including the equivalent relatives of a registered domestic partner,be allowed up to the equivalent of four(4)work days(total hours may vary depending on work schedule)of bereavement leave without loss of salary. 37 I I I I Relative All Regular Employees - Formatted Table Spouse 4 work days Child 4 work days Registered Domestic 4 work days Partner Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Step-Parent-i n-1 aw 4 work da s Grandchild 4 work days Formatted Table Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law 4 work days Sister-in-law" 4 work days *Brother-in-law and sister-in-law are defined as the spouse of the-employee's sibling or the sibling of the employee's spouse. Bereavement leave is paid over a maximum of eight(8)workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee.If the employee learns of the death while at work,he or she is entitled to leave work immediately;this partial day leave will not be counted towards the bereavement leave.Bereavement leave must be authorized by the employee's Department Director and must be utilized within 15 days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member,unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. Upon written verification that funeral services or other related obligations necessitate travel outside of Califomia,the employee shall be entitled to use up to two(2) additional days of accrued leave(vacation,compensatory time,in-lieu holiday,or sick leave;said leave to be recorded as vacation,etc.). 38 ARTICLE THIRTEEN WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions The seven(7)day work period shall begin on Sunday at 12:00 a.m.and end on Saturday at 11:59:59 p.m.except as modified by management. In the event the City needs to adjust any work schedule,the City agrees that no such modification will be conducted without first notifying the affected employees a minimum of ten(10)days prior to the change,unless agreed to by the affected employee(s)and the Department Director. Section 2: 4110 Work Schedule, Formatted:Right: 0.04",Space Before: 0 pt,Tab stops: Not at I" Formatted:Font:11.5 pt,Not Bold,No underline The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday—Friday shifts. The basic work schedule shall consist of four(4)consecutive 10-hour days within a seven(7)calendar day period. Section 3: Work Schedule Formatted:Font:Not Bold,Italic,No underline,Font color: Custom Color(RGB(31,73,125)) It is understood that the City has established a workweek for each covered employee which meets Formatted:space Before: 0 pt,Line spacing: single,Tab stops:Not at 1' the requirement of the FLSA and which will not result in overtime compensation as part of the normal work schedule.Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. All employees shall receive a minimum of two 15-minute breaks-and a thirty(30)minute lunch period or sixty(60)minute lunch period per workday. Section 4: Standby Policy A.PURPOSE To have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating,maintaining,restoring and repairing the City's infrastructure. It is presently anticipated that the need for stand-by will be as follows,with the understanding that actual stand-by staffing,if any,remains at the discretion of the department head: 1.- One(1)Water Employee 2.- One(1)Building Maintenance Employee 3.- One(1)Environmental Specialist 4.- One(1)Street Facilities Maintenance Employee 5-= One(1)Police Dispatcher 39 The Emergency Call Back policy is not intended to be used in lieu of a demonstrated need for stand-by. B. DEFINITIONS Stand-bv: Stand-by duty requires that an employee be accessible,available,and physically able to report to work.The employee must possess a city issued mobile phone device that remains available for immediate contact.The employee must be ready,willing,and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule.Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within 1 hour of being called upon.The department head will determine if an employee is qualified to perform stand- by duties.The stand by duty period shall be defined by the Department Head. Emergency Call-Back: When an employee is called back to the City, or at the direction of their supervisor, after their normal work shifts has been completed or before their normal work shift commences due to an unscheduled emergency or request that affects the City's infrastructure. C.PAYMENT Stand—by:Employees on"Stand—By"shall receive two hours of regular straight time compensation for each date that the employee is assigned to be on stand-by.Stand-by time is not counted as hours worked as employees are not restricted in their activities and may engage in non-work related personal activities.On City-recognized Holidays where City Hall is closed,employees on stand-by will be compensated four hours of straight time compensation. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action unless they provide sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can me made so that the stand-by duty is covered. When an employee on"stand-by"is called back to the City,he/she shall be entitled to"stand-by" pay.The employee shall be paid a minimum of four(4)hours of pay at the appropriate rate based upon the employee's hours worked. Time begins when the call out request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the appropriate rate based upon the employee's hours worked. D. CONDUCT WHILE ON"STAND-BY"DUTY 1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called,and will carry the city issued phone. 2. The employee will at times remain able to immediately respond to any emergencies. 3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. 40 4. In the event of a call back,the employee will wear his/her City uniform,if applicable. F. ASSIGNED VEHICLES At the discretion of the department head,employees on stand-by will have use of a City vehicle to travel to and from their houses and call back assignments.When not on call,the City vehicle must be parked in a secure location at the employee's residence. 41 ARTICLE FOURTEEN GRIEVANCE PROCEDURE PURPOSE AND SCOPE The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of this particular provision of this MOU,City policy,rule or past practice. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among_employees, supervisors and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level GRIEVANCE DEFINITION A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation, misapplication,or violation of a particular provision of this MOU,City policy,rule,or past practice. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Formatted:Font:Not Bold GRIEVANCE PRESENTATION AND PROCEDURES Employees shall have the right to present their own grievance or do so through their Union representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which(a)identifies the aggrieved,(b)contains the specific nature of the grievance,(c)indicates the time or place of its occurrence,if known,(d)states the article(s)of the MOU,City policy,rule or past practice which have been violated,misinterpreted or misapplied, (e)indicates the persons contacted at the informal stage,if applicable,and(f)states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee's grievance within the time limits specified automatically grants to the employee the ri hg t to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure,the grievance shall be considered settled on the basis of the last decision,and the grievance shall not be subject to further appeal or reconsideration. All time periods specified in this procedure may be extended by mutual written(includingemail) mail) consent of the aggrieved employee(e),Union representative and the designated management 42 i I i I 1 representative. INFORMAL PROCEDURE ff Within eight (8) days of the date the employee(s)knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee,at his or her sole discretion,may opt to skip the informal procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure,he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure,that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight(8)days of the discussion with the employee,the supervisor shall verballypond to the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond,the employee shall have access to the formal grievance process described below Stets One-Immediate Supervisor Within the time period referenced above,or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation ally writing,with the information prescribed above,to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor,the supervisor shall make a decision and present his/her decision,in writing,to the Union and employee(s)within five(5ei ht 8)days. Step Two_Department IIeadDirector If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant-is@rievant's Department 14eadDirector within€ice€-(5ei ht 8)days of the decision of the immediate supervisor.The Union and/or employee(s)waive the right to proceed with the grievance if the grievant(s)does not act by this deadline. Within five-k5 ei ht 8)days,the Department He-adDirector, or the designee of the Department HeadDirector,shall meet with the Union and employee(s)to hear the grievance.Within five45ei ht 8) days of hearing the grievance, the Department he-adDirector or designee shall present his/her decision, in writing, to the Union and employee(s), with copies to the Human Resource Director and the City Administrator. Step Three-City Administrator/Advisory Arbitration If the Union or employee(s)is not satisfied with the result of the meeting with the Department Head, 43 the grievant may request the matter be heard by the City Administrator or designee,or the Union may choose to have the matter heard by an impartial hearing officer(arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s)within eight(8)days of receipt of the grievant's written notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee,the Union and/or employee(s)waives the right to have the matter heard by an arbitrator. Within eight(8)days of hearing the grievance,the City Administrator shall provide his/her decision, in writing,to the Union and employee(s).The decision of the City Administrator shall be final and binding. If the Union elects arbitration,costs of the arbitration shall be shared equally between the Union and the City.A court reporter shall be retained only by mutual consent of the parties.The costs of the arbitration, including the court reporter, shall be divided in half(i.e. 50/50) by the parties. Attorney fees,staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Union elects arbitration,the City shall request a list of five(5)arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten(10)days of the Union's request.The Union may delete/strike two (2) names from the list. The City will then select the arbitrator from the remaining names on the list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9,Part 3,of the Code of Civil Procedure of the State of California. Within eight(8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding. All time limits specified in the foregoing procedure may be waived only by mutual written agreement. 44 ARTICLE FIFTEEN DISCIPLINE PROCEDURE Definition Types of discipline include the following:suspension,demotion,reduction in pay or dismissal. For the purposes of this article,verbal counseling,written warning,written reprimand,voluntary demotions,and performance evaluations are not classified as discipline. Disciplinary Actions The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance.Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee's personnel file.Progressive discipline will be used;however,this does not preclude the City from taking disciplinary action,up to and including termination,for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The following procedures shall be followed when,in the judgment of the Department Director,an employee has committed an act or omission that justifies discipline.The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee's performance evaluation as"does not meet standards" may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee's personnel file. Upon the City receiving authorization from the employee,the City will provide the Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken. Disciplinary Procedure Prior to the suspension,demotion,reduction in pay or dismissal of any permanent employee for disciplinary purposes,the following procedures shall be followed: Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee.Such notice shall include the proposed effective date of the discipline,a statement of the reason(s)for the proposed action,including the rule or standard of conduct allegedly violated,the proposed discipline and the charge(s)being considered. 45 Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate.The employee shall have a reasonable amount of time to respond,which shall not be fewer than five days.This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond.Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing.An employee has the right to have a representative of his or her own choosing at the conference.The City may conduct further investigation if the employee's version of the facts or new information raises doubts as to the accuracy of the City's information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee's response,or in the absence of a response,written notice of the final disciplinary action shall be given to the employee.Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee's formal appeal rights shall be stated. Emergencies When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended without pay for up to five(5)days pending the processing of the notices required in this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.If the charges and/or allegations are not sustained,the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension,demotions and discharges shall include interest as set by Civil Code§§3287 et.seq.. Appeal Procedures Major Discipline Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of thirty (30) hours or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees.The appeal process shall not be applicable to performance evaluations,verbal and/or written reprimands. 46 An employee desiring to appeal the discipline shall have ten(10)days after receipt of final notice of discipline.The employee's request for appeal must be addressed to the City Administrator and received in the Human Resources Division.The Human Resources Division shall date stamp the employee's appeal to verify the timeliness of the appeal. If,within the 10-day appeal period,the employee does not file the appeal,unless good cause for the failure is shown,the discipline shall be considered conclusive.If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall file a written request with the Human Resources Division for advisory arbitration to the City Administrator or designee.The City and Union will share equally share(i.e. 50150)the arbitration-related expenses,excluding attorney fees,expert witness(es)and staff time. 2. The City shall request a list of five(5)arbitrators registered with the American Arbitration Association,California State Conciliation Service or some other agreed upon source within ten(10)days of the employee's request.The employee may delete/strike two(2)names from the list.The City will then select the arbitrator from the remaining names on the list. 3. The selected arbitrator shall serve as the hearing officer. 4. All time limits specified in the procedure may be waived by mutual written agreement. 5. At the conclusion of the hearing,the arbitrator will submit his/her findings to the City and the employee.The opinion shall set forth findings of fact and conclusions.The decision of the Arbitrator will become final unless the City or the employee elects to pursue judicial review under CCP§1094.5. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline.The appeal process shall not apply to probationary employees. If the problem cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the final discipline, request and be granted an interview with the Department Director or his/her designee in order to discuss the appeal. The Department Director or designee shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may,within fifteen (15)days from the date of the decision by the Department Director,submit a written appeal to the City Administrator or designee.The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty(30)days after conducting the hearing.His/her decision shall set forth which charges,if any,are sustained and the reasons therefore.The opinion shall set 47 i forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding. 48 ARTICLE SIXTEEN JOINT LABOR MANAGEMENT COMMITTEE A. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and management representatives of the City Departments. The Union shall provide up to five (5) City employees and one(1)representative to sit on its committee.Employees who are regularly scheduled to work shall be on paid release time during participation in the JLM Committee. Participation in the JLM Committee is considered Union Business,and as such,any release time under this section shall not result in the City incurring any overtime. Additional department and employee representatives may participate on the Committee to deal with departmental matters which may be addressed. This Committee shall meet at least semi- annually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City.The Committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee. B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the workplace environment. C. The JLM Committee shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM Committee's meetings shall not be"Meet and Confer"sessions as that term is used in Government Code Sections 3500 et.seq. D. JLM Committee consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. 49 if Formatted:Highlight CITY OF VERNON TEAMSTERS LOCAL 911 Mark WhitwerthCarlos R.Fandino Jr. Raymond B.Whitmer City Administrator/"MERR" Secretary-Treasurer Teresa M n n;s.e.-Isaac Garibay Carlos Rubio Director of Human Resources Business Representative Kfisten EfleffieteLisette Michel Grizzelle Juan Arellano Depuiy City ^dministraterSenior Human Resources Analyst Committee Member Ales King William F.Fox Rafael Contreras Eeenamie Development Manager Director of Finance/City Treasurer Committee Member Irma Rodrfguez Moisa Jerrick T.Torres Chief Negotiator Committee Member Ana Karina Rueda Christina RiveraHuman Resources Analyst Committee Member APPROVED AS TO FORM: Cerissa Diaz Committee Member Zaynah Moussa,Deputy City Attorney Lyndon Ong Yiu ChristinaRivera Committee xA"embeY APPROVED AND ADOPTED BY CITY COUNCIL ON PER 50 RESOLUTION NO. ATTEST: Dated: Ana a~ DepuEyMaria Ayala,City Clerk 51 i I i i i i Page 10.[1]Formatted Author Indent: Left: 0.15", Numbered+Level: 1 +Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.25" +Tab after: 0.5" + Indent at: 0.5" Page 10:[2]Formatted Author Indent: Left: 0.15", Numbered +Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.25" +Tab after: 0.5" +Indent at: 0.5" Page 10: [3]Formatted Author Indent: Left: 0.15", Numbered+Level: 1 +Numbering Style: A, B, C, ... +Start at: 1 + Alignment: Left+Aligned at: 0.25" +Tab after: 0.5" + Indent at: 0.5" Page 10:[4]Formatted Author Indent: Left: 0.15", Numbered +Level: 1 +Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.25" +Tab after: 0.5" +Indent at: 0.5" Page 10:[5]Formatted Author Indent: Left: 0.15", Numbered +Level: 1 +Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.25" +Tab after: 0.5" +Indent at: 0.5" i i RECEIVED JUL 0 7 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: July 12, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., City Administrator Cfr Originator: Isaac Garibay, Director of Human Resources RE: 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 Recommendations 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. Background The City and the International Brotherhood of Electrical Workers Local 47 ("IBEW") concluded labor negotiations on June 9, 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 IBEW, which has been reviewed and approved as to form by the City Attorney's Office. Attached as Exhibit A to the resolution is the MOU for the employees represented by the IBEW, 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 of 3 Members of City staff and representatives of the IBEW 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: • Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees). • 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). • Effective July 10, 2016, employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved a "satisfactory" performance evaluation or better as of their immediately preceding annual performance evaluation. During the second and third years of this Agreement only, the City agrees to provide merit salary advances to employees who achieve an overall "above average" as of their immediately preceding annual performance evaluation. 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 the MOU. 0 Safety boot/shoe allowance shall be raised from $150 to $200. • 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 $1,120 per month, whichever is greater. Further, employees who are military veterans who receive medical coverage through the Veterans Administration (VA) shall be exempt from the requirement to enroll in the City's medical plan to receive dental and vision benefit coverage. • All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. • 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 equivalent to the then-current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance premium. • A second Dupont scheduling option was added for a 5-person rotation in addition to the 4 person rotation. • The grievance 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 Impact The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City j and the International Brotherhood of Electrical Workers Local 47 for Fiscal Year 2016-2017 is $264,614. 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. Page 2 of 3 Attachments 1. Resolution Approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers Local 47 Page 3 of 3 RESOLUTION NO . 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 WHEREAS, the International Brotherhood of Electrical Workers Local 47 ( "IBEW" ) has been recognized as an employee organization pursuant to the City of Vernon Employer-Employee Relations Resolution (Resolution No. 4027) ; and WHEREAS, on July 15, 2014 , the City Council of the City of Vernon adopted Resolution No. 2014-45, as amended on September 2, 2014 by Resolution No. 2014-55, approving a Memorandum of Understanding by and between the City and the IBEW for the period of July 1, 2014 through June 30, 2016; and WHEREAS, the City and IBEW have concluded labor negotiations regarding wages, benefits and working conditions for period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of the IBEW and the City have agreed to execute a Memorandum of Understanding ( "MOU" ) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the IBEW, for the period of July 1, 2016 through June 30, 2019; and WHEREAS, the City Council desires to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action 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 . SECTION 3 : The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the International Brotherhood of Electrical Workers Local 47, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send a fully executed MOU to Stan Stosel, IBEW Local 47 Senior Assistant Business Manager. 2 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 12th day of July, 2016 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: t Za n h Moussa, Senior Deputy City Attorney 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 12, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A i Style Definition:Level 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 July 1,20142016 through June 30,27462019 i i i 2 i TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Preamble...........................................................................................................................6 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition .............................................................................................7 Section 2: No Discrimination.................................................................................... 7 Section 3: No Strikes or Lockouts..............................................................................7 Section 4: City/Union Meetings ..............................................................................7 Section 5: Union Business .........................................................................................7 Section 6: Management Rights...................................................................................9 Section 7: Employee Rights....................................................................................... 10 ARTICLE TWO:LEGAL LIMITATIONS,SAVINGS CLAUSE&TERM Section l: Legal Limitations and Savings Clause..................................................... . 11 Section2: Term..........................................................................................................11 Section 3: Maintenance of Existing Conditions.......................................................... 11 Section 4: Modification and Waiver........................................................................... 12 Section 5: Severability............................................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security............................................................................. 13 Section 2: Contracting Out Provision......................................................................... 14 ARTICLE FOUR: COMPENSATION Section1: Salaries...................................................................................................... 15 Section2: Merit Steps ...............................................................................................15 Section 3: Temporary Upgrade Pay—Special Assignment ....................................... 15 Section 4: Bilingual Pay.............................................................................................16 3 I i Section5: Longevity Pay...........................................................................................16 Section6: Promotions............................................................................................... 17 Section 7: Reclassification.......................................................................................... 17 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization..............................................................................4-9 Seetien I9Section 2:.............................................................................Overtime Compensation 19 Section3: Comp Time............................................................................................... 19 Section4: Call Backs ............................................................................................... .20 ARTICLE SIX:UNIFORMS,ALLOWANCE AND SAFETY EQUIPMENT Section1: Uniforms...................................................................................................21 Section 2: Safety Boot/Shoe Allowance.................................................................... .21 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section1: Medical......................................................................................................22 Section2: Cafeteria Plan.............................................................................................22 Section3: Dental .................................................................................................... ..23 Section4: Vision....................................................................................................... 23 Section 5: Life Insurance............................................................................................23 Section 6: Deferred Compensation..............................................................................23 Section 7: Other City Employee Programs.................................................................24 ARTICLE EIGHT: RETIREMENT Section1: P.E.R.S..................................................................................................... 25 Section 2: P.E.R.S.Supplemental Plans......................................................................25 Section3: Retiree Medical..........................................................................................25 ARTICLE NINE: HOLIDAYS 4 I i Section1: Holidays................................................................................................... .27 Section 2: In-Lieu Holidays........................................................................................28 ARTICLE TEN:VACATION Section 1: Vacation Leave. .......................................................................................... 29 Section 2: Vacation Accumulation.................................................................................29 Section 3: Scheduling of Vacation.................................................................................29 ARTICLE ELEVEN: SICK LEAVE Section1: Sick Leave. ................................................................................................. 31 Section 2: Family Sick Leave........................................................................................32 ARTICLE TWELVE:LEAVE BENEFITS Section1: Jury Duty .................................................................................................... 33 Section 2: Military Leave of Absence............................................................................33 Section 3: Bereavement Leave.......................................................................................33 ARTICLE THIRTEEN:WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions.................................................................................................... 35 Section 2: 4/10 Work Schedule......................................................................................35 Section 3: DuPont Schedule...........................................................................................35 Section 4: Standby Policy..............................................................................................36 Section 5: Performance Evaluations...............................................................................37 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure............................................................................................................38 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE 5 I i DisciplineProcedure............................................................................................................40 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee....................................................................................44 SIGNATURE PAGE Signatures ........................................................................................................................ 45 Formatted:Centered,Space Before: 0.1 pt,Line spacing: Exactly 22.35 pt,No widow/orphan control,Don't allow hanging punctuation,Adjust space between Latin and Asian text,Adjust space between Asian text and numbers,Font Alignment:Baseline 6 I i MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS(IBEW) PREAMBLE This Memorandum of Understanding("MOU")is entered into with reference to the following facts: A. Representatives of management for the City of Vernon (hereafter "City") and representatives of the International Brotherhood of Electrical Workers,Local#47 (hereafter"Union")have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee/members represented by the Union in the Utility Unit. B. The management representatives and the representatives of the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Vernon and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will establish the provisions regarding wages,hours,fringe benefits and other terms and conditions of employment contained in these joint recommendations. C. This MOU incorporates, contains and represents all of the terms and conditions agreed upon by both parties as of July 1, 24142016. Any previous agreements/practices which are contrary to the language in this MOU shall be null and void. THEREFORE,the representatives of the City and the Union agree as follows: The parties hereto have jointly recommended to the City Council of the City of Vernon that one or more salary resolutions be adopted effectuating the following provisions related to salaries, fringe benefits and other terms of employment for IBEW Union members.- 7 I i ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the International Brotherhood of Electrical Workers,Local 47("Union")as the certified majority representative of the employees, comprised of Addendum A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual, or employee with respect to his/her compensation,terms,condition, or privileges of employment or because of an individual's race,color,sex, religion,national origin, age, marital status,disability, pregnancy,sexual orientation,political or religious opinions or affiliations,or membership or non- membership in the Union. Section 3: No Strikes or Lockouts Both the City and the Union recognize the continuing obligation to provide electrical,gas and water service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its officers,agents,representative and/or members agree they will not cause,condone or participate in any strike,walk out,work stoppage,job action,slowdown or sickout,including compliance with a request of other labor organizations to engage in any or all of the preceding activities. During the term of this agreement,the City agrees it will not lockout employees represented by the Union. Section 4: City/Union Meetings Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern. Section 5: Union Business A. Access to Facilities Except as specifically identified in Section C below,all Union business will be conducted by employees and Union representatives outside of established work hours. 8 I i Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours.The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: Obtain authorization for the visit from the Human Resources Director or designee,In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department,the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two(72)hours of the request. The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee,which shall include the date,time,and number of people expected.Approval will be granted in the same manner as it is granted to other organizations. B. Shop Stewards The City agrees to recognize up to three(3)Stewards appointed by the Union. The Union shall notify the City in writing of the names of each Steward-. C. Union Business The Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards' and/or employees' regular work duties. If a Steward must leave his/her work location to conduct Union related business,he/she shall first obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly,the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs,such time will not be more than forty-eight 48 hours,excluding scheduled days off and/or legal holidays,after the time of the Steward's request unless otherwise mutually agreed upon. For purposes of this section,"Union Business"shall include grievance investigations,meetings with management called by management or the Steward,investigatory meetings where an employee has requested a Steward,contract/MOU negotiations,meetings with Human Resources involving personnel or labor relations matters,council meetings,health insurance committee meetings,and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees.Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee. The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year,up to one I hour per meeting. The City agrees to provide a total of 3 days(up to 36 hours)of paid release time per year for employees selected by the Union to attend a Union-sponsored Steward seminar-or training located 9 I i in Southern California. The Union shall provide the City at least ten(10)calendar days prior written notice of the request to release the selected employees for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City's vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. Section 6: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to: ■ The exclusive right to determine the mission of its constituent departments, commissions, and boards; ■ Set standards and levels of service;and to expand or diminish services; ■ Determine the procedures and standards of selection of employment and promotions; ■ Direct its employees; ■ Establish and enforce dress and grooming standards; ■ Relieve its employees from duty because of lack of work or other lawful reasons subject to the layoff procedure set forth in this memorandum of understanding; ■ Maintain the efficiency of government operations; ■ Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted; ■ Determine the content and intent of job classifications; ■ Determine methods of financing; ■ Determine style and/or types of City issued wearing apparel, equipment,or technology to be used; ■ Determine and/or change facilities, methods, technology, means, organizational structure, size,and composition of the work by which the City operations are to be conducted; ■ Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including,but not limited to,the light to contract for or subcontract any work or operations of the City subject to the Contracting Provision set forth in this memorandum of understanding; 10 I i ■ To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; ■ Establish and modify productivity and performance programs and standards; ■ Discharge,suspend,demote,reprimand,withhold salary increases and benefits,or otherwise discipline employees for cause in accordance with applicable laws and with the provisions of this MOU,and in accordance with Article XV—Discipline Procedure. ■ Take all necessary actions to carry out its mission in emergencies;and ■ Exercise complete control and discretion over its organization and the technology of performing its work. The Union expressly and specifically agrees that except to the extent that the City's rights are expressly limited by the terms of this Agreement,the Union waives any and all of its rights to meet and confer on any of the City's rights;provided,however,that if the exercise of these rights impacts wages, hours, or terms and conditions of employment,the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights. Section 7: Employee Rights The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with,intimated,restrained coerced or discriminated against because of the exercise of these rights. 11 I i ARTICLE TWO LEGAL LIMITATIONS,SAVINGS CLAUSE,AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding(including,but not limited to, the provisions of the Fair Labor Standards Act)and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Section 2• Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1,24 42016,and shall remain in full force and effect up to and including midnight, the 30th day of June 20J 2019, or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. Except as otherwise provided in Article IV, Section F, herein, the City and the Union 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 1,2016 and March 1,2016. Section 3: Maintenance of Existing Conditions ,Any employment policy, practices and/or benefits, including the alternative workweek Formatted:Expanded by 0.3 pt schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern. 12 I i Section 4: Modification and Waiver The City reserves the right to add to,delete from, amend or modify the Administrative rules, the City Municipal Code,and the City's Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding,subject to the requirements of the Meyers-Milias-Brown Act. Section 5: Severability In the event that a court finds any provision(s)of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. 13 I i ARTICLE THREE ORGANIZATIONAL SECURITY Section 1: Organizational Security Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Union the Union's initiation fee and periodic dues for members of the Union. Any unit member who is not a member of the Union, or who does not make application for membership within thirty(30)days following the effective date of this paragraph,or,for those hired after the effective date of this paragraph,within thirty(30)days from the commencement of duties, shall become a member of the Union or pay to the union a fee in an amount equal to the Union's periodic dues: provided,however,that the unit member may authorize payroll deductions for such fee in the same manner as provided in the paragraph above. Dues withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds,at the address specified. The parties agree that the obligations herein are a condition of continued employment for unit members.The parties further agree that the failure of any unit member to remain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall constitute,generally,just and reasonable cause for termination. The City shall not be obligated to put into effect any new,changed or discontinued deduction until a pay period commences fifteen(15)working days or more after such submission. No unit member shall be required to join the Union or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation by donating the equivalent amount to a non-labor, non-religion charitable find, tax exempt under section 501(c)(3)of the Internal Revenue Code,chosen by the employee. Whenever a unit member becomes delinquent in the payment of dues or fees,the Union shall give the unit member written notice thereof and fifteen(15)days to cure the delinquency;a copy of said notice shall be forwarded to the Human Resources Department-,In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance/Appeal/Arbitration procedures. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty(60)days after the end of its fiscal year,a detailed written financial report in the form of a balance sheet and an operating statement,certified as to accuracy by its president and treasurer 14 I i or principal officer,or by a certified public accountant.A copy of financial reports required under the Labor-Management Disclosure Act of 1959,or Government Code section 3546.5,shall satisfy this requirement. The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, the Union shall have the right to decide and determine litigation, settlement, and/or appeal strategy. Any such decision on the part of the Union shall not compromise or diminish the Union's indemnification obligations under this agreement. The City, immediately upon receipt of notice of such legal action shall inform the Union of such actions,provide the Union with all information,documents,and assistance necessary for the Union's defense or settlement of such action and fully cooperate with the Union in providing all necessary witnesses,experts and assistance necessary for such defense. The Union,upon compromise or settlement of such action,shall immediately pay the parties to such action all sums due under such settlement of compromise. The Union, upon final order and judgment of a court or administrative body of competent jurisdiction awarding damages to any prevailing party,shall pay to such party all sums owing under such order and judgment. Section 2: Contracting Out Provision The City and the Union share a common interest in maintaining the stability and the security of the City's workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made,and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s),the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted. 15 I i ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective june `' 4;July 10, 2016 (the begi-nningfirst day of the first full pay period' Formatted:Body Text Flush,nett,space Before: opt including july 1,2 44,m Frsca ear - ;,.each employee represented in the IBEW. Formatted:,Not Expanded by/Condensed by Union shall be placed within the proposed grade and step pay plan as a result of the City wide classification and compensation study based upon the 751h percentile(Attachment A), t th grade and step that is closest to but not less than his/her euFFent base .Addendum B),at the grade and step that is closest to but not less than his/her current base salary.If the parties are unable to finalize all classification and compensation studies by July 1,2016,the parties agree to finalize the studies no later than January 1,2017.Employees who are entitled to a change in their compensation under this section —shall have such change retroactively implemented to July 10, 2016 as soon as the parities finalize the classification and compensation study. The parties further agree that if they are unable to reach agreement regarding the classification and compensation studies,those disputes shall be submitted to the City Administrator for final determination. B. Employees who are above the maximum recommended grade and step plan shall be Y-rated and their respective salaries frozen during the term of this contract,and shall not be eligible for any or all of the three (3) salar} adjustrnents set forth in subsections (C), (D), and (E) below,if they are still above step five of their classification salary range. C. Effective July10,2016(the beginningfirst day of the first full pay period including jantiary 1,291-5 in Fiscal Year 2016 2017),eligible employees represented in the IBEW Union Formatted:,Not Expanded by/Condensed by (excluding v rated employees, subject to the exception sot-forth}n--„r,�o,..:,.,,-ir, shall .. receive a '.GO7 cost of living inere setwo percent(2%)salary adjustment. D. Effective July 9, 2017 (the first day of the beginning-o thefirst full pay period includin july 1,-2015,of Fiscal Year 2017-2018),eligible employees represented in the IBEW Union shall receive a two percent(2%)salary adjustment. aE. Effective July 8,2018 (the first day of the first full pay period of Fiscal Year 2018-2019), eligible employees represented in the IBEW Union(exelu,ing v rated 0 pl&e � to the exeeptien set forth: ubse ^"(E))shall reeeive a 1 5 cost of living inere ase.shall receive a two percent(2%)salary adjustment. E. AsAttached as "Addendum C" is a listing of july 4° e above the nded ^~^a^IBEW represented positions and step pl^'"pxmrshall be eligible to receive the eosthourly,monthly or annual salaries of living increases �t forth ..l sectio s(G)and(il)above. set e. F. The City and the Union ion agree to a reopeaeF e later than April , 2015~ peach classification and^ ^t^^ t^' a notation of the Substatien om" ; ;.,,. , pufsuant to El ^' ssbenchmarked positions. It is understood that the 16 I i information listed in Addendum C may become outdated during the term of the^applieatien and maintenanee of the el ve:F:,.et: and, sation plan—this Agreement. Section 2: Merit Steps A-­Effective the beginning of the paypefied ee fltai rr b July 1,24 310. 2016, employees who in the Formatted:Font:12 pt disefetion eft) r... t and cicleetfie aad. ewe A e.,ah th ra..s Performance cvahi.ation m,r Formatted:Font:12 pt ha-P,A..a:.pd °are not at the top step of their Classification Compensation Plan shall Formatted:Font:12 pt move to the next step on the Plan, if the employee achieved a ' atisfactory iee" Formatted:Font:12 pt performance evaluation or bette,as of their immediately preceding rdin e� - _ -ece ..`�� a - date sha1�r,n,.-re-ei. e,e"-rie 5%• ewt inereasenerformance evaluation. During the second and third Formatted:Font:12 pt years of this Agreement only,the City grees to provide merit salary advances to employees who achieve an overall "above average" as of their immediately preceding performance evaluation (s). 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 eentlf et. Future e salary feaSeto n. said gfadeShall _ .- Formatted:Font:12 pt remain the soie Efisefetion of the r -;-Agreement. B. The Sul. ' 2015 fnerit...,._easement salary advances earned during the FY 16-17 fiscal year Formatted:Font:12 pt shall go into effect on July 9,2017. The merit salary advances earned during the FY 17-18 fiscal year shall go into effect on July 8, 2018. The parties agree to reopen negotiations regarding this Section B,at the Cites option,based on the City's financial position to afford the merit salary advances. C. The effective date of these merit salary advances(described in Section B above).shall not Formatted:Font:12 pt alter the employee's actual classification anniversary date. The 5% me. .cease sh..11 not_ Formatted:Font:12 pt e*eeed the 'imurn of the grade. b ade shall remain at the sole discretionof the City('ouri,.:1 Section 3: Temporary Upgrade Pay-Special Assignment Employees assigned to the Electric Operations Group who in the discretion of the Department Head or his/her designee, are authorized to assume the duties of a higher level position and who are temporarily assigned by the Department Head or his/her designee to perform the duties of said higher level position shall receive a temporary Utilities Systems Operation Premium (USOP) increase of five percent (5%) after a total of three (3) hours worked in the higher class within an assigned shift, retroactive to the first hour for those hours worked in the higher classification. An employee will not be reassigned for the purpose of avoiding the USOP within an assigned shift. The department head shall post a list of employees who are determined to be qualified for temporary upgrade. The list shall contain the title of each classification in which the employee is deemed eligible to perform at the higher level position. The employee shall have the option to decline the temporary upgrade. 17 I i Section 4: Bilingual Pay An employee may be eligible to be compensated for bilingual pay if his/her regular job duties as described in his/her job description provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test administered by an agency or vendor approved by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional$125.00 per month for bilingual pay. Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5)Years of Service All eligible employees who have five (5)years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%)per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986,shall be entitled to said five percent (5%)per month upon said anniversary date. Ten (10)Years of Service All eligible employees who have ten (10)years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%)per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their loth anniversary date after July 1, 1987, shall be entitled to said ten percent (10%)per month upon said anniversary date. Fifteen (15)Years of Service All eligible employees who have fifteen (15)years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%)per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%)per month upon said anniversary date. Twenty (20)Years of Service All eligible employees who have twenty (20)years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%)per month of their base salary effective July 1, 1989, and every year thereafter.Employees upon reaching 18 I i their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. B. Employees Employed On orAfter July 1, 1994 and before December 31,2013. The longevity program described in this Section will apply to all employees employed on or after July 1, 1994 and before December 31,2013. Five (5)Years of Service All eligible employees who are employed on or after July 1, 1994 and before December 31,2013,who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%)per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month upon said anniversary date.Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and before December 31,2013. Section 6: Promotions Upon promotion,employees will be placed at the step within the grade for the position which results in at least a five percent(5)increase,except that such increase cannot extend beyond the top step of the range. Please refer to Personnel Policy II-3,Salary Plan Administration for specific terms and policy. Section 7: Reclassification In any case where a position is reclassified to a class with a salary grade having a higher maximum salary rate,and the incumbent meets the minimum qualifications for the new class,and is in fact performing the full range of duties and responsibilities of the new classification,the incumbent shall be placed at the-step within the new salary grade that is closest to his/her current salary and that would provide a minimum of a 5%increase,not to exceed the maximum of the grade. Consideration of the reclassification recommendation shall be based on competitive conditions and the City's ability to pay and shall be subject to approval by the City Council. Please refer to Personnel Policy JiII-2,Reclassification Plan for specific terms and policy. 19 I i ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work.Where prior written authorization is not feasible,explicit verbal authorization must be obtained.Where verbal authorization is obtained,written authorization must be obtained as soon thereafter as practicable. Formatted:Font:sold,Underline,Not Expanded by/ Condensed by Section 2: Overtime Compensation Employees will be paid overtime at time and a half(1.5)of their regular hourly rate for all eligible hours worked in excess of forty(40)hours in a single workweek. Time worked after four consecutive overtime hours of the employee's regular shift,shall be paid at the double time rate. Holidays(regular,in-lieu and floating),sick time,vacation time,compensatory time,paid jury duty leave,and bereavement leave shall count as time worked for the purposes of computing overtime. Si^'�TUnion leave,unpaid jury leave,disciplinary suspensions,and administrative leave shall not count as time worked for the purpose of computing overtime. Section 3: Compensatory Time In lieu of cash payment,an employee may request compensatory time for overtime worked.Accrual of compensatory time shall be limited at any point in time to a maximum of sixty (60) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate. A. Planned overtime shall be compensated as mutually agreed upon in advance by employee and employer. B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10)day notice of intended use from the employee. Management may waive the ten(10)day notice in cases of emergency.Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known. 20 I i Section 4: Call Backs Emergency call back duty occurs when an employee is requested to report to duty on a non-regularly scheduled work shift. Emergency call back policy is applicable when an employee is requested to return to work after the employee's work day is completed and/or prior to when the employee is scheduled to begin his/her shift. Emergency call back does not occur when an employee is held over from his/her prior shift or is working planned overtime. An employee called back to duty shall be credited with a minimum of four hours of work at the applicable overtime rate.Any hours worked in excess of four hours shall be credited for actual time worked at the applicable rate. During emergency call back,any paid sick leave hours taken during that week shall be counted as hours worked for the purpose of computing overtime. If the employee is called back to duty,his/her work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. 21 I i ARTICLE SIX UNIFORMS,ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms The City shall provide uniforms in accordance with departmental policy to all personnel who are required to wear uniforms while on duty. Uniforms issued by the City are considered as compensation and the value of such is reported to the Public Employees' Retirement System annually as special compensation. Section 2: Safety Boot/Shoe Allowance The City will provide a safety boot/shoe allowance of$150200.00 payable in January of each year of the contract for those employees required to wear safety boots/shoes.The boots/shoes purchased must be appropriate to the employee's job classification and must meet applicable CAL-OSHA regulations and City/Departmental policies. Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at all times while on duty. Employees must maintain boots/shoes in proper condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. 22 I i ARTICLE SEVEN HEALTH AND WELFARE BENEFITS Section 1: Medical The City offers various medical plans to employees. The City reserves the right to select, administer,or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article. Section 2: Cafeteria Plan The City and Union agree to a section 125 cafeteria plan (non-cashout), for this bargaining unit effective J-arxraryJuly 1, 24�52016. 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 plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance,the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. A. Foremployees e •elled: either the T N40 of DU(1(tie. 14S A)..,edieal-pllans,the City shall pay .,to$1 050 per-frienth of the oest of the plan tW e .levees and eligible depcidents. The cost of a ..1..., seleete.d by he e .,levee that a ee.ds Q1 050 shall be paid by the employee thfough a pre tax payroll deduetion, B. Effective 1.,.,..ary 1 -201 5 the City shall provide Uniio„.. ,,.1.J;r:,..,..1 1„«.,..Sin. „1...,.-r health benefit eontr-ibutien in the amount of$56,500t beapplied -,,aFd monthly employee allowa ee during calendar year and 2oi6 _1. .iei- alanda yeae 2015, employees enfelled ifi aii Empleyee plus Specs -e Employee plas Children tiered—plan shall reeeive an additional pleyef centribu ien of$59 90 pef month. -2. Fe.-,,,,i,,.,11ar yea...— � pees enrolled .. G',,,.,1.,.,0�lr'�ru-.G-ar.-ily'- c_red plan shalladditional e ploye „tFibution of$1nnnn p month. 2calendar--'y_e,.ctr 016 prior to the Citepen troll e,t p e d fee the 2016- 23 I i sum r,ntfibution unused ., of Deeeffbet-34-2015, and shall inerease or.decrease tl..rric_-additivnal o „leye, gent,-ibutien„ „ts specified in Q,.1 seetiefis 1 and-2 above accordingly. A. F^ ee-sEffective July 1,2016,the City shall provide a contribution equal to the total premium costs of Employee-Only, Employee + Spouse, Employee + Child(ren), or Employee + Family lowest-cost HMO, lowest-cost Dental DMO, and lowest cost vision plan that corresponds with the employees'benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical,dental and vision, will be responsible for any applicable excess premium costs. However,if an employee opts out of dental and/or vision coverage, then they may use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January each calendar year of the term of this Agreement. B. During the term of this 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 and defined by the City's insurance provider. C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans,the maximum contribution by the City shall be either the amount set forth in Section A or$1120, whichever is greater. For employees enrolled in the PPO/HSA plan,the City shall pay up to 100%of the monthly cost of the plan for employees and eligible dependents, not to exceed $800870 per month. In addition, for each employee enrolled in a PPO/HSA 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 PPO/HSA plan selected by the employee that exceeds$1i00870 shall be paid by the employee through a pre-tax payroll deduction. D. Employees who are military veterans who receive medical coverage through the Veterans Administration (VA)shall be exempt from the requirement to enroll in the City's medical plan. Employees who have medical coverage through the VA shall still be entitled to enroll in the City's dental,vision insurance and to purchase other supplemental benefits up to the amount they would have received for their elected VA medical coverage tier. For example, if an employee who receives medical insurance through the VA elects Employee Only medical coverage tier,then he or she is eligible to receive cafeteria benefit amount up to the lowest cost HMO employee only tier. E a - Formatted: No bullets or numbering Section 3: Dental: The City of Vernon provides a dental insurance plan to employees.In the event an employee does 24 I i not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 4: Vision The City of Vernon provides a vision care plan to employees.The City shall pay 100%of the cost of such a plan for employees only. Effipleyees shall have the option of parehasing vision safe€er their dependents at a eost of$6.95 for one dependent or"131.115 for two or more , 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 (CVVP) that fall below $150 shall be raised to$150. Section 5: Life Insurance The City provides a$20,000 life insurance plan to employees.The City shall pay 100%of the cost of such plan for employee,.The City's agreement to pay full or partial costs of said premiums shall Formatted:Font:Not Bold not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance,the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. Section 6: Deferred Compensation Employees are eligible to participate in the City's Deferred Compensation Program. Should the- Formatted:Justified City adopt a resolution that allows employees to contribute accrued sick leave to deferred compensation contributions,the parties agree to re-open this provision to allow IBEW-represented employees to participate in such program. Section 7: Other City Employee Programs Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas of,but not limited to the following: • Computer loan purchase plan • Corrective eye surgery plan • Flexible Spending Plan • Hearing aid devise plan 25 I i • Tuition reimbursement plan 26 I i ARTICLE EIGHT RETIREMENT Section 1: Public Employee Retirement System("PERS") The City shall maintain its contract with the California Employees Public Retirement System(PERS) that provides IBEW employees with 2.7%at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act_(PEPRA), new Ca1PERS members hired on or after January 1,2013 who meet the definition of new member under PEPRA,shall be provided a 2.0%-at 62 PERS retirement benefit plan. IBEW members shall be responsible for paying 100%of their PERS employee's contributions. The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws concerning PERS are amended during the term of this contract. The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to Ca1PERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CaIPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to IBEW employees under PERS as follows: • Gov't Code Section: 20042—(Classic Members Only)One Year Final Compensation • New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov't Code Section:21024—Military Service Credit as Public Service • Gov't Code Section: 21548—Pre-Retirement Option 2W Death Benefit • Gov't Code Section: 21573—Third Level of 1959 Survivor Benefits Section 3: Retiree Medical _ Formatted:Indent:Hanging: 0.5",Right: 0.46" A. The City will pay up to the amount equivalent to the then current, lowest FFormatted:Font:to pt cost, employee only HMO insurance premium for the City's medical and/or Formatted:Normal,Line spacing: Exactly 10 pt,Tab stops: 3.28",Centered 27 - , i dental insurance premium(s) for all full-time regular employees who retire at Formatted:Character scale:105%,Not Expanded by/ age sixty (60) or later, with at least twenty (20) years of continuous Condensed by uninterrupted service. Retired employees will be permitted to enroll in a higher- Formatted:Indent:Hanging: 0.5%Right: 0.46" cost plan and pay the amount in excess of the HMO equivalent. Formatted:Not Raised by/Lowered by B. All full-time regular employees with at least thirty ears of continuous Formatted:Normal, ",Led,Indent:Left: 0.5 Right: gY30( )Y � 0.46",Tab stops: -0.25 Left uninterrupted service who retire before the age of sixty (60) years will be Formatted:Not Raised by/Lowered by permitted to pay their medical and/or dental insurance premiums, and, upon Formatted:Indent:Hanging: 0.5",Right: 0.46" reaching the age of sixty (60),the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental Formatted:Not Expanded by/Condensed by,Not Raised � �! by/Lowered by insurance premlum(s). " Formatted:Not Raised by/Lowered by - - Formatted:Not Expanded by/Condensed by,Not Raised C. Eligible retired employees may opt not to enroll in the City's by/Lowered by medical and/or dental insurance coverage and instead receive a Formatted:Not Raised by/Lowered by monthly reimbursement payment equivalent to the then-current Formatted:Not Expanded by/Condensed by,Not Raised lowest cost City-offered Employee-only medical-HMO and/or by/Lowered by dental HMO insurance premium. An eligible retired employ Formatted:Not Raised by/Lowered by who chooses this option and later has no reimburseable expenses Formatted:Not Expanded by/Condensed by,Not Raised is still eligible to receive the reimbursement at a later time when by/Lowered by he or she does have qualifying reimburseable expenses. Once an Formatted:Not Raised by/Lowered by employee who has opted out reaches Medi-care eligibility,the retiree shall receive Formatted a monthly reimbursement equal to the then-current cost of supplemental coverage. Formatted:Not Raised by/ by Once a retired employee opts not to enroll in the City's medical Formatted and/or dental insurance, he or she will not be allowed to re-enroll f31 in the City's health plans. Formatted:Not Raised by/Lowered by Formatted f41 C­D. All,full-time regular employees,,who retire with minimum of ten„(10)year Hof f Formatted f51 continuou uninterrupted service with,the City,may pay,the premium(s),fo> Formatted:Not Expanded by/Condensed by medical and/or dental insurance. Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by D E. All retiree medical and/or dental insurance benefits provided pursuant to Formatted:Not Expanded by/Condensed by subsections A, B, and C above, shall be for retired employees only and shall not Formatted:Not Expanded by/condensed by include their spouses or other dependents. Formatted:Not Expanded by/Condensed by lFormatted:Character scale:100% E.F. All retired employees who receive medical and/or dental insurance benefits Formatted:Not Expanded by/Condensed by pursuant to subsections A, B,or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such Formatted:Not Expanded by/Condensed by enrollment, where upon the City's insurance policy will become supplemental [Formatted:Not Expanded by/Condensed by coverage,if applicable. Formatted:Not Expanded by/Condensed by Formatted:Not Expanded by/Condensed by F.G. The City's obligation to make any payment under the retiree medical benefits Formatted:Not Expanded by/Condensed by program shall automatically terminate and cease upon the death of the retired Formatted:Character scale:100% employee. Formatted:Indent:Hanging: 0.5",Right: 0.46" Formatted:Indent:Hanging: 0.5%Right: 0.46" G.H The offer of the retiree medical benefits is not a vested right for future years. Formatted:Indent:Hanging: 0.5",Right: 0.46" Formatted:Font:10 pt Formatted 28 _ _ , i ARTICLE NINE HOLIDAYS Section 1: Holidays A. All full-time employees,excluding employees assigned to the 12-hour rotating shift(Dupont Schedule) or any Resource Scheduler on the Tuesday through Friday schedule-, shall be provided with the following holidays with pay subject to the provisions below. 1. January I,'- New Year's Day 2. The 3rd Monday in January-Martin Luther King,Jr.Day 3. The 31d Monday in February-Presidents Day 4. March 3111-Cesar Chavez Day 5. The last Monday in May-Memorial Day 6. July 41h-Independence Day 7. The first Monday in September-Labor Day 8. The second Monday in October-Columbus Day 9. November 1ld'-Veterans Day 10.The 41h Thursday in November-Thanksgiving Day 11.December 241h-Christmas Eve 12.December 251h-Christmas Day 13.December 3111-New Year's Eve 14. Such other days as may be designated as holidays by the City Council of the City of Vernon B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as an authorized holiday to employees. C. Temporary,and part-time employees are not eligible for paid holidays. D. An employee whose regular 4/10 shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus 2X(two times)his/her regular hourly rate of pay for the actual hours he/she was required to work on the authorized holiday. E. If New Year's Day or Christmas Day falls on a Friday or Saturday,and the 4/10 employee is required to work on that day,he/she shall not receive holiday pay (as set forth in subsection B above), but shall be paid 2X(two times) his/her regular hourly rate of pay for the actual hours he/she was required to work on that day. F. Employees assigned to the 12-hour DuPont Schedule and the Tuesday through Friday Resource Scheduler schedule shall not be eligible for Holiday pay, but shall instead receive forty-eight(48)hours of In-Lieu Holiday time subject to the provisions below. Formatted:Font:12 pt —� Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" Section 2: In-Lieu Holiday Time A. An employee regularly assigned to the 12-hour rotating shift(DuPont Schedule)whose duties are such that he/she does not receive the benefits of regular legal holidays,shall be granted 48- hours of In-Lieu Holiday time effective July Is'of each fiscal year. B. An employee regularly assigned to the classification of Resource Scheduler whose regular work schedule of Tuesday through Friday is such that he/she shall not receive the benefits of regular legal holidays of the City of Vernon shall be granted 120-hours of In-Lieu Holiday time effective July 1s'of each calendar year. C. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. D. In-Lieu Holidays must be taken prior to June 301h of the fiscal year in which they are provided. Holidays may be taken as days off on dates desired by the employee subject to the approval of the Department Head or designee. E. Such In-Lieu Holidays not taken within the prescribed timeline,shall not be paid for unless the employee was continuously denied the opportunity to utilize them during the fiscal year for which such In-Lieu Holidays were granted. In that case only,the employee shall be paid for said In-Lieu Holidays not taken with his or her first payroll check on or after June 30th of the year in which the in-lieu holidays were granted,at his or her then regularly hourly rate of pay, excluding all other compensation computed in accordance with the applicable salary. F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall not be entitled to any compensation for In-Lieu Holidays not taken unless previously denied. Formatted.,Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i ARTICLE TEN VACATION Section 1: Vacation Leave All full-time employees shall accrue vacation according to the following schedule: 4/10 Schedule: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual I"year thru 411 year 80 3.08 5th year thru 91h year 100 3.85 loth year thru 14111 year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 12-Hour Rotation Shift(DuPont Schedule): Is'year thru 9111 year 120 4.62 loth year thru 14"year 160 6.16 15°i year and more 160+one week's equivalent 6.16 salary on anniversary date and each anniversary date thereafter. Section 2: Vacation Accumulation A. Accumulation and carry-over of vacation leave shall be limited to a maximum of the number of hours the employee was eligible to accrue during the immediately preceding year. In or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or non-work related disability leave. C. In the event one or more City holidays fall within a vacation period,such holidays shall not be charged as vacation leave. D. Upon separation from City employment,compensation shall be paid for vacation leave which has been earned but not taken. Section 3: Scheduling of Vacation A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing,within ten business days before the f Formatted:Font:12 pt beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 44 i unless an unforeseen emergency exists,shall be submitted at least thirty(30)days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee's seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed. B. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Nat at 3.28" 45 i ARTICLE ELEVEN SICK LEAVE Section 1: Sick Leave Pull-time Employees shall accrue up to 80 hours of sick leave per calendar year,at a rate of 3.08 of sick leave hours per pay period. If the full-time employee works,or is on regular paid status,less than a full year, the hours of sick leave will accrue on a pro rata basis. Part-time and temporary employees(excluding Ca1PERS retired annuitants)working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one(1)hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status. A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of 960 hours. This bank of carry-over would provide a cushion for longer-term illnesses and injuries. B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 960 will be compensated for at the end of the year at 50%of the employee's hourly rate. C. Sick leave shall be allowed only for actual illness or injury not arising out of and in the course of employment. If sick leave on account of illness or injury exceeds two(2) working days, the employee, prior to returning to work, shall submit a statement from a physician or a qualified medical professional approved by a_physician, certifying that the employee's physical condition prevented the employee from performing the duties of said employee's position during the period of absence. All sick leave shall be approved by the department head.Notwithstanding the above,the City may require verification of sick leave use whenever it has reason to believe there is misuse,abuse or a pattern of abuse. D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City Council approval, or under the State Employees' Retirement System or pursuant to the provisions of any applicable agreement between the City and a state retirement system, or upon death,accumulated and unused sick leave credit shall be paid on the following basis: a. Employees employed for a continuous period of five(5)years or more,but less than ten (10) years, immediately preceding said retirement or disability retirement shall receive payment comparable to twenty-five percent (25%) of accumulated and unused sick leave.Upon the death of such person so employed for said continuous period immediately preceding said employee's death, the estate or beneficiary of the deceased shall receive said payment. b. Employees employed for a continuous period of ten (10) years or more immediately preceding said retirement or disability retirement shall receive _ payment comparable to fifty percent (50%) of accumulated and unused sick Formatted:Font:12 pt leave. Upon the death of such person so employed for said continuous period Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i immediately preceding his death,the estate or beneficiary of the deceased shall receive said payment. Section 2: Family Sick Leave(Kin Care) Employees may use in any calendar year the employee's accrued and available sick leave entitlement,in an amount not more than the sick leave that would be accrued during six months at the employee's then current rate of entitlement,for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of,the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent's house may also qualify. All family sick leave shall be approved by the department head and a statement establishing the r�o� rrn—aic�carc from a physician may he required a_,;a-euend-ifion of payment while on sueh leav Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i ARTICLE TWELVE LEAVE BENEFITS Section 1: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided"Jury Duty Pay"and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible,but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their supervisor on the day they are released from their jury duty obligations. C. Except as herein provided,employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation-.Jury duty performed on an employee's regular day off shall not be compensated by the City and the employee shall be entitled only to the jury's compensation for duty performed on such employee's regular day off.Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour(i.e.,5:00 a.m. or 9:00 p.m.); Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m.to 9:00 a.m.Monday thru Friday.This temporary reassignment shall be only for the duration of the jury duty.Reassignment of duties may also be made so that the employee may have more productive time prior to,and following release from,jury duty. Section 2: Military Leave of Absence Military leave shall be granted in accordance with the provisions of applicable federal and state law.Every employee entitled to receive the benefits of military leave shall give his/her Department Director the opportunity,within the limits of the law and military necessity,to determine when such leave shall be taken. Section 3: Bereavement Leave Permanent full-time employees,regardless of period of service,may in the event of death or if death appears imminent, of any "immediate family member" as defined below including the equivalent Formatted:Font:12 pt relatives of a registered domestic partner,be allowed up to the equivalent of four(4)work days(40 Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 4-5 i or 48 hours,based upon the employee's regular work schedule)of bereavement leave without loss of salary. Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic 4 work days Partner Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Step-Pa rent-i n-1 aw 4 work da s Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* *�^�b�^'^P4 work days Sister-in-law* tSee-betcw4 work da s The-egtr'wa+eatFor purposes of e provided-ferthis provision,"brother-in lam'and "sister-in-lain"are defined as the death-of-a-brother-in-law or sister-in-law of the employee,or sibling of the employee's spouse. Bereavement leave is paid over a maximum of seven (7) work days and is paid in thirty minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the Department Director and must be utilized within 15 days of employee learning of the death,or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i ARTICLE THIRTEEN WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions The seven(7)day work period shall begin on Sunday at 12:00 a.m.and end on Saturday at 11:59:59 p.m.except as modified by management. In the event the City needs to adjust rtayam work schedule, the eAyCity agrees that no such modification will be conducted without first notifying the effected employees a minimum of 10 days prior to the change unless agreed to by the effected employee(s) and the Director of Gas&Electric or designee. Section 2: 4/10 Work Schedule The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday—Friday shifts. Section 3: DuPont Schedule The DuPont rotating shift plan provides 24/7 coverage of critical operational positions. - Formatted:List Paragraph,Right: 0°,Line spacing: single, This type of schedule has been utilized successfully in several United States industries in Don't adjust space between Latin and Asian text,Don't adjust J order to enhance workplace safety,provide additional rest for staff,decrease calls backs space between Asian text and numbers and allow for more shift coverage.24-hour operation staff shall work a twelve hour shift. Vernon Gas&Electrice4 Utilities Dispatchers and Electric Operatersors are assigned to these shifts. Section A: General Provisions The seven(7)day work period shall begin on Sunday at 12:00 a.m.and end on Saturday at 11:59:59 p.m.except as modified by management. In the event the City needs to adjust any work schedule,the City agrees that no such modification will be conducted without first notifying the effected employees a minimum of ten calendar days prior to the change unless agreed to earlier by the effected employee(s)and the Director of Gas&Electric or designee. Day 1 of these Dupont schedules typically begin on a Monday but Day 1 can be any day Formatted:Right: 0",Line spacing: single, No bullets or of the week. At the end_of.the c. cle the entire se uence starts over. Crews are able to review n to , numbering,Don't adjust space between Latin and Asia xt - ---- --- -__ -- Don't adjust space between Asian text and numbers schedules inadvance for glammng, -— — - Formatted:Font:10.5 pt Formatted:Normal,Don't adjust space behveen Latin and Asian text,Don't adjust space between Asian text and Section B: DuPont 4 Schedule numbers _ Formatted:Underline ®—The DuPont 4 schedule consists of 4 two person crews rotating in 12 hour shifts day and Formatted:Font:12 pt night to provide 24/_7 coverage. Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i • _The DuPont 4 schedule consists of a 4-week cycle during which where each team works Formatted:List Paragraph,Right: 0 Line spacing: single, as fO110W5: No bullets or numbering,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and • n , ..hive night shift. followed by 3 oonseoutive,days off d„t., numbers • 3 e utiye night shift.. fee ed by 3 e utiye days e ff- -, 4 consecutive night shifts,followed by 3 consecutive days off duty; 3 consecutive day shifts,followed by 1 day off duty; 3 consecutive night shifts,followed by 3 consecutive days off duty; - 4 consecutive day shifts,followed by 7 consecutive days off duty_ • Section C: Dupont 5 Schedule The DuPont 5 schedule consists of 5 crews rotating in 12 hour shifts day and night to provide 24/ 7 coverage. The DuPont 5 schedule consists of a 10-week cycle during which each team works as follows: 4 consecutive night shifts,followed by 3 consecutive days off duty 3 consecutive day shifts,followed by off duty; 3 consecutive night shifts,followed by 3 consecutive days off duty; 4 consecutive day shifts,followed by 4 consecutive days off duty J 4 consecutive relief shifts(12 hours),followed by 6 consecutive days off duty Fj 4 consecutive night shifts,followed by 3 consecutive days off duty; 3 consecutive day shifts,followed by I day off duty; 3 consecutive nightshifts,followed by 3 consecutive days off duty; 4 consecutive day shifts,followed by 4 consecutive days off duty; Li 3 consecutive relief shifts(12 hours),followed by 7 consecutive days off duty; (Formatted:Right: 0",Line spacing: single, No bullets or numbering,Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers ) ® Formatted:Font:10.5 pt Formatted:Normal,Don't adjust space between Latin and ® Gas&Electric Utilities Dispatchers . Ele t.-:,.OpOperators areassi fie d to Asian text,Don't adjust space between Asian text and VernonVe numbers these shifts.s. Formatted:Indent:Left: 0.5", No bullets or numbering Formatted:Font:12 pt Section 4: Standby Policy Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i Stand-by time is that period of time other than the employee's regularly scheduled working hours when an employee,at the direction of his/her Department Head, is on standby duty. The Department Head shall post a list of employees who are determined to be qualified to perform stand-by-duty. The list shall contain the title of each classification in which the employee is deemed eligible to perform stand-by duty. The stand-by duty and period shall be defined by the Department Head. The stand-by list will be made available 72 hours, or as soon as practical, prior to the start of stand-by. Formatted:Not Expanded by/Condensed by 4/10 Schedule The stand-by rotation list for employees working the 4/10 work schedule will first be filled through volunteers from the respective classification, and then from volunteers from other classifications who are deemed eligible for stand-by in that classification. If there are no volunteers available, employees shall be involuntarily placed on stand-by status pursuant to a rotational plan within the respective classification from the list of employees qualified to perform stand-by duties. DuPont Schedule The stand-by rotation list for employees working under the DuPont 4 or DuPont 5_Schedule will be filled through a mandatory rotation list during the employees'3 ef4 day off-cycle.Unless it is determined an emergency or voluntary basis,it is not the City's intent to place employees on stand- by during their scheduled 6 or 7-day off cycle under the DuPont 4 or DuPont Schedule. Stand-by duty employees are free to engage in personal business and activities. However, in order to be eligible for stand-by duty and pay,employees must: A. Be ready to respond immediately. B. Be reachable by City-issued cell phone. C. Be able to report to work within one(1)hour of notification. D. Refrain from activities that might impair their ability to perform assigned duties. This includes,but is not limited to,abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. Employees on stand-by shall receive two (2) hours of regular straight time compensation for Formatted:Expanded by 0.2 pt each day that the employee is assigned stand-by. On City recognized Holidays, employees on stand-by will be compensated four (4) hours of straight time compensation. An employee assigned to stand-by who is not available to report may be subject to appropriate disciplinary action,unless he/she provides sufficient notice to his/her immediate supervisor of incapacity to respond prior to the call back so that appropriate arrangements can be made so Formatted:Font:12 pt that the stand-by duty is covered. Formatted:Footer,Line spacing: single,Tab stops:Not at Y Y 3.2s^ i Section 5: Performance Evaluations It is agreed that an employee is not required to sign his/her Performance Evaluation when first presented with it. The employee's signature is an acknowledgment that the performance appraisal was discussed.The signature does not necessarily mean that the employee agrees with evaluation content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the performance evaluation the refusal of the employee to sign.The employee may enter remarks in the space provided or attach a separate written response specific to the evaluation within ten calendar days of the employee's receipt of the Performance Evaluation. An employee shall receive a copy of the performance evaluation and the department may place a copy in an internal file.Please refer to Personnel Policy IV-1,Performance Evaluations for detailed procedures and policy. Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i ARTICLE FOURTEEN GRIEVANCE PROCEDURE Definition A grievance shall be defined as an allegation by an employee or the Union of misinterpretation, misapplication or violation of a particular provision of this MOU,City policy,rule or past practice. Days Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Step One-Immediate Supervisor Employees shall have the right to present their own grievance or do so through their Union representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which(a)identifies the aggrieved,(b)contains the specific nature of the grievance, (c)indicates the time or place of its occurrence,if known,(d)states the article(s)of the MOU City policy,rule or past practice which have been violated,misinterpreted or misapplied, (e)indicates the persons contacted at the informal stage,if applicable,and(f)states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the Citytpond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee's grievance within the time limits specified automatically grants the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure,the.grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. All the time periods specified in this procedure may be extended by mutual written(including email) consent of the aggrieved emplovee(s), Union representative and the designated management representative. Informal Procedure Within eight (8)days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step (Formatted:Font:12 pt An employee,at his or her sole discretion,may opt to skip the Informal Procedure resolution process Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director,within one day of initiating the Informal Procedure,that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight(8)days of the discussion with the employee,the supervisor shall verbally respond to the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond,the employee shall have access to the formal process described below. Formal Procedure step One-Immediate Supervisor Formatted:Font:Bold Within the time period referenced above or,if the employee chooes to skip the Informal Procedure, within eight (8)days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation or-all), of in writing as prescribed above to the immediate supervisor of the affected employee(s). The Union and/or employee(s)waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision,in writing,to the Union and employee(s)within five- i ht 8)days. Step Two-Department HeadDirector If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant shall present the grievance,in writing,to the Department Director within five(3ei ht 8) days of the decision of the immediate supervisor. The Union and/or employee(s)waives the tight to proceed with the grievance if the grievant(s)does not act by this deadline. Within five(5eight (8)days,the Department Director,or the designee of the Department Director,shall meet with the Union or employee(s)-to hear the grievance. Within five-(5ei ht 8)days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the Union and employee(s)with copies to the Human Resource Director and the City Administrator. Step Three—City Administrator/Advisory Arbitration If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director, the grievant may n decision of the Department Director,that the matter be heard by the City Administrator or designee, or the Union may choose to have the matter heard by an impartial hearing officer(arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s)within eight(8)days of receipt of the grievant's written notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee,the Union and/or employee(s)waives the right to have the matter heard by an arbitrator. Within eight(8)days of hearing the grievance,the City Administrator shall provide his/her decision, in writing,to the Union and employee(s). The decision of the City Administrator shall be final and Formatted:Font:12 pt binding. Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i If the Union elects arbitration,costs of the arbitration shall be shared equally between the Union and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration,including the court reporter,shall be divided in half(i.e.50/50)by the parties. Attorney fees,staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Union elects arbitration,the City shall request a list of seven(7)arbitrators registered with the American Arbitration Association,California State Conciliation Service or some other mutually agreed upon source within ten(10)days of the Union's request. Upon receipt of the list, the parties shall alternately strike names from the list until a final name is selected as the hearing officer,with the Union striking first. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9,Part 3,of the Code of Civil Procedure of the State of California. Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding. In the event the City Administrator does not adopt the arbitrator's recommendation,the City shall bear the full cost of the arbitrator's fee. Attorney fees,staff time and witness fees are excluded and shall be paid by the party that incurred the cost. All time limits specified in the procedure may be waived by mutual written agreement. Formatted.,Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i ARTICLE FIFTEEN DISCIPLINE PROCEDURE Definition Types of discipline include the following: suspension,demotion,reduction in pay or dismissal. For the purposes of this article,verbal counseling,written warning,written reprimand,voluntary demotions,and performance evaluations are not classified as discipline. The purpose of disciplinary actions are not intended to be punitive,but are defined as actions by management directed to the modification or cessation of employee conduct which is contrary to the best interests of the City and the public service. Disciplinary Actions The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,which shall be commensurate with the seriousness of the offense and with consideration of the employee's work history file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action,up to and including termination,for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The following procedures shall be followed when,in the judgment of the Department Director,an employee has committed an act or omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee's performance evaluation as"does not meet standards"may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee's personnel file. Upon the City receiving authorization from the employee,the City will provide the Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken. Disciplinary Procedure Prior to the suspension,demotion,reduction in pay or dismissal of any permanent employee for disciplinary purposes,the following procedures shall be followed: {Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 45 i Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee.Such notice shall include the proposed effective date of the discipline,a statement of the reason(s)for the proposed action,including the rule or standard of conduct allegedly violated,the proposed discipline and the charge(s)being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally,in writing or both orally and in writing. The employee will be provided a reasonable period of time to respond,which shall be no sooner than five(5)days after the notice of proposed action is provided,or additional time as may be reasonable.This represents the pre- disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The date the employee is scheduled to respond may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing.An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee's version of the facts or new information raises doubts as to the accuracy of the City's information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee's response,or in the absence of a response,written notice of the final disciplinary action shall be given to the employee.Such notice shall include essentially the same information contained in the notice of proposed action,except that the employee's formal appeal rights shall be stated. Emergencies When,in the opinion of the City,immediate disciplinary action is required to protect the health, safety or welfare of the public,other employees or the employee himself/herself,the employee may be suspended without pay for up to three(3)days pending the processing of the written notice of proposed action as required in this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.if the charges and/or allegations are not sustained,the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay _ awards related to suspension,demotions and discharges shall include interest as set by Civil Code Formatted:Font:12 pt §§3287 et.seq.. Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" i Appeal Procedures Major Discipline Any permanent employee in the classified service shall have the right to appeal any termination, suspension of thirty(30)hours or more,reduction in salary,or non-probationary demotion. The appeal process shall not be applicable to newly hired probationary employees. The appeal process shall not be applicable to performance evaluations,verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten(10)days after receipt of proposed notice of discipline. The employee's request for appeal must be addressed to the City Administrator and received in the Human Resources Division. The Human Resources Division shall date stamp the employee's appeal to verify the timeliness of the appeal. If,within the 10 day appeal period,the employee does not file the appeal,unless good cause for the failure is shown,the discipline shall be considered conclusive and shall take effect as prescribed. If the employee files a timely appeal,an arbitration appeal hearing shall be established as follows: 1. The employee shall file a written request with the Human Resources Division for arbitration to the City Administrator or designee. The City and Union will share equally share(i.e.50/50)the arbitration-related expenses,excluding attorney fees,expert witness(es)and staff time. 2. The City shall request a list of seven(7)arbitrators registered with the American Arbitration Association,California State Conciliation Service or some other agreed upon source within ten (10) days of the employee's request. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list,with the employee striking first,until one name remains as the arbitrator. 3. The selected arbitrator shall serve as the hearing officer. 4. All time limits specified in the procedure may be waived by mutual written agreement. 5. At the conclusion of the hearing,the arbitrator will submit his/her findings to the City and the employee. —The opinion shall set forth findings of fact and conclusions. The decision of the Arbitrator will become final unless the City or the employee/union elects to pursue judicial review under CCP§1094.5. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of Formatted:Font:12 pt major discipline. The appeal process shall not apply to probationary employees. Formatted:Footer,Line spacing: single,Tab stops:Not at F3.28" 45 i If the problem cannot be resolved between the employee and the supervisor,the employee may, within ten(10)days from receiving notice of the proposed discipline,request and be granted an interview with the Department Director or his/her designee in order to discuss the appeal. The Department Director or designee shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a satisfactory solution,the employee may, within fifteen (15)days from the date of the decision by the Department Director,submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty(30)days after conducting the hearing. His/her decision shall set forth which charges,if any,are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final. Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 4-5 i ARTICLE SIXTEEN JOINT LABOR MANAGEMENT COMMITTEE 1. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and the Gas and Electric Department.The Union shall provide four(4)members to sit on its committee, at least two of which must be employees of the City. Additional department and employee representatives may participate on the Committee to deal with departmental matters which may be addressed. This committee shall meet at least semi-annually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City. The committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee. 2. The JLM shall be utilized to allow the parties to discuss matters affecting the workplace environment. 3. The JLM shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM's meetings shall not be"Meet and Confer"sessions as that term is used in Government Code Sections 3500 et.seq. 4. JLM consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at (3.28" i SIGNATURE PAGE CITY OF VERNON IBEW LOCAL 47 Mark Whitworth Carlos R.Fandino Jr. Pat Lavin Business Manager/Financial Secretary- Formatted:Indent:Hanging: 4" Teresa McAllisteflsaac Garibay Stan Stosel Director of Human Resources Senior Assistant Business Manager Kristen Efie.etE)Lisette M.Grizelle John Baca Deputy Git A A....tinist fat„rSenior Human Resources Analyst IBEW Business Representative Ale�E KtiH Wi �ati39-�1 Eeone ie Development Mana erWilliam F.Fox Michael Hendrickson Director of Finance/City Treasurer Committee Member Karina Rueda Human Resources Analyst Irma Rodriguez Moisa, Out si Chief Negotiator APPROVED AS TO FORM: jorrie aaRuben Rodriguez Committee Member Zaynah Moussa,Senior Deputy City Attorney r a„itzfee-ir�na embet Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" 4-5 i i APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. ATTEST: Dated: Ana Bafeia,Deput-yMaria Ayala,City Clerk [Formatted:Font:12 pt Formatted:Footer,Line spacing: single,Tab stops:Not at 3.28" Page 27:[1]Formatted Garibay,Isaac 7/2/2016 4:32:00 PM Normal, Line spacing: Exactly 10 pt, Tab stops: 3.28", Centered Page 28: [2]Formatted Garibay,Isaac 7/2/2016 4:32:00 PM Not Expanded by/Condensed by , Not Raised by/Lowered by Page 28:[3]Formatted Garibay,Isaac 7/2/2016 4:32:00 PM Not Expanded by/Condensed by , Not Raised by/Lowered by Page 28:[4]Formatted Garibay,Isaac 7/2/2016 4:32:00 PM Not Expanded by/Condensed by , Not Raised by /Lowered by Page 28:[5]Formatted Garibay,Isaac 7/2/2016 4:32:00 PM Character scale: 100%, Not Raised by/Lowered by