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Resolution No. 2017-054RESOLUTION NO. 2017-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AMENDMENT NO. 3 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, 2016 THROUGH JUNE 30, 2019 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, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-38, approving an Amendment No. 2 to the MOU, which extended the MOU through June 30, 2019; and WHEREAS, representative members of the VPOBA and the City have agreed to execute an Amendment No. 3 to the MOU (the "Amendment") to amend the following Articles: (a) Article Seven, Section 16 regarding City Vehicle, and (b) Article Eight, Section 4 regarding Sergeants 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 from 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. 3 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 Jason Lucas, 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 24th day of October, 2017. ,&," a IJj2aZ(� Name. Melissa` V. Ybarra ATTEST: Maria E. Ayala City Clerk / i e APPROVED AS TO FORM: Zay a o ssa, Sen r Deputy City Attorney Title: Mayor / - - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 1 Maria E. . Ayala City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2017-54, was duly passed, approved and adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, October 24, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2.1r day of October, 2017, at Vernon, California. (SEAL) - 4 - Maria E . Ayala City Clerk / Deputy City Clerk EXHIBIT A G ANDED 1905 5 Qr S11"ELY 19%) AMENDMENT NO.3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION July 1, 2016 through June 30, 2019 AMENDMENT NO.3 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. 2 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 SEVEN Section 16: City Vehicle The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned Ceity vehicle home. ARTICLE EIGHT Section 4: Sergeants Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and —Sunday and Mon4ay). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is ian agreement to an immediate change in his/her work schedule. [Signatures Begin on Next Page]. 3 SIGNATURE PAGE CITY OF VERNON Carlos R. Fandino Jr. City Administrator / "MERR" Michael A. Earl Director of Human Resources Lisette Michel Grizzelle Senior Human Resources Analyst APPROVED AS TO FORM: VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Jason Lucas President Nicholas Perez Vice President Zaynah Mousa Senior Deputy City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER RESOLUTION NO. ATTEST: Dated: Maria Ayala City Clerk 4 TRANSMITTAL COMMUNICATION Ity of er Ott �s OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 14, 2017 Vernon Police Officers' Benefit Association Attn: Jason Lucas, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Vernon Police Officers' Benefit Association Amendment No. 3 to the Memorandum of Understanding for the Period of July 1, 2016 — June 30, 2019 Dear Mr. Lucas: Transmitted herewith is a fully executed copy of the original amendment to the Memorandum of Understanding approved by City Council on October 24, 2017, through Resolution No. 2017-54. If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811 ext. 570. Very tFrby yo s, Deborah R. Juarez Records Management Assistant Enclosure c: Anthony Miranda Carlos Fandino William Fox Michael Earl Resolution No. 2017-54 Agreement No. 17-104 E�,-clusivefy Industria( FULLY EXECUTED AGREEMENT SIGNATURE ROUTING FORM CONTRACTOR: Vernon Police Officer's Benefit Association CONTRACT PURPOSE: Memorandum of Understanding — Amendment No. 3 CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS ABUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acct. No(s) Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: C3"Approved by Council on 10/24/2017 (Check one and attach Resolution No. 2017-54 (if applicable) supporting documentation) ❑ Approved by City Administrator on ❑ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person Certifies compliance with Competitive Bidding and Purchasing Ordinance, / /7 obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney's Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance and sureties, if bonds required. (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances I and reflected in current budget. (4) City Attorney Approves contract as to form. �l (5) City Signatory % Signs document on behalf of City. (6) City Clerk Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6/2017 AMENDMENT NO.3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS' BENEFIT ASSOCIATION July 1, 2016 through June 30, 2019 AMENDMENT NO.3 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. 2 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 SEVEN Section 16: City Vehicle The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned City vehicle home. ARTICLE EIGHT Section 4: Sergeants Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and Sunday). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is in agreement to an immediate change in his/her work schedule. [Signatures Begin on Next Page]. 3 SIGNATURE PAGE CITY OF VERNON Carlos R. Fandino Jr. City Administrator / "MERR" Mic ael A. Earl Director of Human Resources J A 1/1 x IF Lisette Michel G izzelle aj Senior Human Resources Analyst APPROVED AS TO FORM: gd)i� Zayn Mousa Senior Deputy City Attorney VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Jason Lucas President Nicholas Perez Vice President APPROVED AND ADOPTED BY THE CITY COUNCIL ON OCTOBER 24, 2017 , PER RESOLUTION NO. 2017-54. ATTEST: 7' 4� 1 1 Maria yala Dated: City Clerk 4 STAFF REPORT N C�_ � pF E'ER ED RECEIVED OCT t t 2017 OCT 12 2017 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION HUMAN RESOURCES DEPARTMEN1" Ir2� DATE: October 17, 2017 TO: Honorable Mayor and City Council FROM: Michael A. Earl, Director of Human Resources #L/ Originator: Lisette Michel Grizzelle, Senior Humin Resources Analyst RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AMENDMENT NO. 3 TO THE VERNON POLICE OFFICERS' BENEFIT ASSOCIATION 2016-2019 MEMORANDUM OF UNDERSTANDING Recommendation A. Find that approval of the proposed Amendment No. 3 to the Vernon Police Officers' Benefit Association (VPOBA) 2016-2019 Memorandum of Understanding is exempt from 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. 3 to the Vernon Police Officers' Benefit Association 2016-2019 Memorandum of Understanding to amend/add the following provisions: 1. Article Seven, Section 16, City Vehicle 2. Article Eight, Section 4, Sergeants Background The City of Vernon and the VPOBA signed a tentative agreement on July 7, 2016 to extend their MOU through June 30, 2019. This tentative agreement included a provision relating to take home vehicles for specific Police Sergeants. This item was inadvertently omitted from the July 12, 2016 staff report and corresponding MOU Amendment No. 2 approved by City Council. This item was corrected in the amended Fringe Benefit and Salary Resolution approved by City Council on June 20, 2017 but has not yet been added to the MOU. Page 1 of 2 The VPOBA recently approached the Human Resources Department to request a revision to Article Eight, section 4, Sergeants of their current MOU. The language in this section references "eight (8) months of weekends off per year for Patrol Sergeants including Saturday, Sunday and Monday." The VPOBA requested to remove "Monday" from this section. After review and discussion with the VPOBA Representatives and Police Management it was determined that this change was needed to clarify this section. The reason for the clarification is due to the Telestaff time keeping system that was implemented in the Police Department. The method of scheduling time worked needed to change due to how the computer software designated a workday; particularly when a Sergeant works a shift beginning in the evening of one day that ends in the morning of the following day. Vernon Police Management and the VPOBA agreed to keep the original intent of the original MOU language in this section. Therefore, the removal of the word "Monday" in this section would be necessary to properly capture the weekend work shift. Fiscal Impact There is no fiscal impact on the current operating budget as a result of the recommended Police Sergeants schedule language change. An increase in fuel and maintenance costs associated with the vehicle use was anticipated and has been budgeted in the 2017/2018 fiscal year budget to cover the additional costs associated with this item. Attachment(s) 1. Resolution Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AMENDMENT NO. 3 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, 2016 THROUGH JUNE 30, 2019 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, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-38, approving an Amendment No. 2 to the MOU, which extended the MOU through June 30, 2019; and WHEREAS, representative members of the VPOBA and the City have agreed to execute an Amendment No. 3 to the MOU (the "Amendment") to amend the following Articles: (a) Article Seven, Section 16 regarding City Vehicle, and (b) Article Eight, Section 4 regarding Sergeants 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 from 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. 3 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 Jason Lucas, 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 24th day of October, 2017. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: /�(I N Zay a o ssa, Sen r Deputy City Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, ss 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 an adjourned regular meeting of the City Council duly held on Tuesday, October 24, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2017, at Vernon, California. (SEAL) - 4 - City Clerk / Deputy City Clerk EXHIBIT A AMENDMENT NO.3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON VERNON POLICE OFFICERS' BENEFIT ASSOCIATION July 1, 2016 through June 30, 2019 AMENDMENT NO.3 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. 0; 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 SEVEN Section 16: City Vehicle The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned Ceity vehicle home. ARTICLE EIGHT Section 4: Sergeants Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and —,Sunda and Monda-) In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is ian agreement to an immediate change in his/her work schedule. [Signatures Begin on Next Page]. 3 SIGNATURE PAGE CITY OF VERNON Carlos R. Fandino Jr. City Administrator / "MERR" Michael A. Earl Director of Human Resources Lisette Michel Grizzelle Senior Human Resources Analyst APPROVED AS TO FORM: VERNON POLICE OFFICERS' BENEFIT ASSOCIATION Jason Lucas President Nicholas Perez Vice President Zaynah Mousa Senior Deputy City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER RESOLUTION NO. ATTEST: Dated: Maria Ayala City Clerk 9