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
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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