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R-8742 . . RESOLUTION NO. 8742 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH LOCAL 347, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO WHEREAS, the City administration and representatives of Local 347, Service Employees International Union, AFL-CIO have met and conferred under the terms of Ordmance No. 801 (CeS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa MOnica requires preparation of a written Memorandum of Understandmg between the admmistration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be blndmg unless and until presented to the governmg body for determination; and WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and Local 347, Service Employees International Union, AFL-CIO; . . NOW, THEREFORE, THE elTY COUNelL OF THE elTY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1. The elty Council of the elty of Santa Monica does hereby approve and authorize the City Manager to execute the Memorandum of Understanding executed by Local 347, Service Employees International Union, AFL-CIO, a copy of which IS attached hereto. Section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: rfl1IAA &.L l}.n.UA }~1t.u "Marsha Jorfis Moutne City Attorney (KB. "resselu1"1 . . Adopted and approved this 12th day of April, 1994. ~g.A yor I hereby certify that the foregOIng Resolution No 8742 (CCS) was duly adopted at a meenng of the City Council held on the 12th day of Apnl, 1994 by the following vote Ayes: Councilmembers: Abdo, Genser, Holbrook, Olsen, Vazquez Noes: Councilmembers: None Abstain. Councilmembers: None Absent: Councilmembers: Greenberg, Rosenstem ATTEST: & eQ,~ ~ City Clerk . . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, LOCAL 347 TABLE OF CONTENTS ARTICLE/SECTION NUMBER PAGE # ARTICLE I: GENERAL PROVISIONS 1.01 Parties to Memorandum. ................. ....... .4 1. 02 Purpose.......... .... _...... . .. ...... ..........4 1.03 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 1.04 City Council Approval......................... 5 1.05 Recognized Employee Organization Name....... .. .5 1.06 Scope of Representation....... ....... ...........5 1.07 Full Understanding, Modif~cat~on and Waiver.....6 1.08 Management Rights Reserved......................6 1.09 Peaceful Performance of City Services...........7 1.10 Validity of Memorandum of Understanding.... .....7 1.11 Captions for Convenience. .................. .....8 1.12 Equal Employment & Non-Discrimination...........8 1.13 Definitions........................... . . .. . .9 1.14 Overpayment Remedy... ......................... .11 1.15 Payments at Terminat~on....................... .12 ARTICLE II: COMPENSATION 2.01 Effective Date of Pay Increase........ ........ ..13 2.02 Salaries....................................... .13 2.03 Overtime ......... . ......................... .14 2.04 Sh~ft Differential Pay....... ............ ..... ..15 2.05 Call Back Pay................. _ . . . . . . . . . . . . . . . . .16 2 06 Report Pay.............. _ . . . . _ . . . . . . . . . . . . . " . . . .17 2.07 Stand-By Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 2.08 Bonuses........................................ .17 2.09 Pay For Serving In A H~gher Job Class.. . . . . . . . .18 2.10 Promotional Pay Rate.. ................ . . . . . .19 2.11 Off-Duty Court Appearances..................... .19 - 1 - . . ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs.... ..... ....... ..... ..20 3.02 Retirement............................ . . . . . . . . .21 3.03 Tuition Relmbursement. ..................... ... ..22 3.04 Deferred Compensation. ......... . . . . . . . . . . . . . . . .23 3 05 Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3.06 Tool Allowance.. ... -............... . . ..... . . . .23 3.07 Mileage Reimbursement and Energy Conservation.. .24 3.08 State Disabillty Insurance............ ......... .24 3.09 Sick Leave Buy Back.......... ......... ........ ..24 ARTICLE IV: LEAVES 4.01 Paid Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 4.02 Vacation Leave........ ................ .. . .. .29 4 . 03 Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 4.04 Leave of Absence Without Pay.............. .. . .32 4.05 Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 4.06 Workers' compensation Leave.................... .32 4.07 Jury Duty... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 4.08 Parental Leave... .................... .......... .33 4.09 Personal Leave.................................. 34 4.10 Bereavement Leave.... . . . . . . . . . . . . . . . . . . . . . . . . .35 4.11 Family Leave...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevention..................... .36 5.02 Effect of Job Performance on Salary........... .36 5.03 Layoffs............................ . . . . . . . . . . .37 5.04 Work By Supervisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 5.05 wash-Up Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 5.06 Subcontracting.................................. 38 5.07 Employee Parking....... . . . . . . . . . . . . . . . . . . .38 5 .08 Work Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5.09 Personnel Files................................. 40 5 . 10 Promot ions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 5.11 Probationary Period............................ .41 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions.................... . . . . . . . . . .43 6.02 Reasonable Notice. . . . . . . . . . " . . . . . . . . . . . . . . . . . . . .43 6.03 Union Security.. . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6.04 Union Visitation & Shop Stewards Rights........ .44 6.05 Organization Business Affairs..... . . . . . . . . . . . . .46 6.06 Bulletin Board Literature Distribution......... .46 6.07 Grievance and Complaint Policy...... . . . . . . . . . . .46 6.08 Annual Meetings...................... ...... ...48 6.09 Joint Labor-Management Committee...... ......... .49 - 2 - \ \ . . EXHIBIT A - REPRESENTED CLASSIFICATIONS EXHIBIT B - AGENCY SHOP - 3 - . . ARTICLE I. GENERAL PROVISIONS 1.01. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behalf of management officials of the City and by the Service Employees Internat10nal Un10n, AFL-CIO, Local 347, (hereinafter "SEIU") , on behalf of permanent employees occupying the line-item job classifications set forth in Exhib1t A which 1S attached hereto and made a part hereof. From time to time, classifications may be included or excluded under the terms of this MOU, provided that the Union and the City find those classifications to be appropr1ately w1thin the un1t composit10n standards of this unit or of another unit and that the Municipal Employee Relations Officer finds that their inclusion or exclusion is not inappropriate under the terms of Ordinance No. 801 (CCS). Such additions or deletions shall be agreed upon in writing and will become effective upon execut10n by representat1ves of the Union and the Municipal Employee Relations Officer. No classifications currently represented by SEIU shall be excluded from the unit during the term of this MOU except by mutual agreement. 1.02. Purpose The parties agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein; to provide an orderly and equitable means of resolv1ng differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SEIU - 4 - . . 1.03. Term of Aqreement This Agreement shall be effective as of the 1st day of July, 1993, and shall remain in full force and effect until the 30th day of June, 1994. It shall be automatically renewed from year to year thereafter, unless either party shall not~fy the other in writing not later than January 15 of each year that it des~res to terminate or modify this Agreement, and specifically indicates requested modificat~ons. In the event that such notice is given, negotiations shall begin no later than March 1 with a signed contract desired by July 1. 1.04 City Council Approval This MOD is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of Santa Monica. 1.05 Recoanized Employee Orqanization Name SEIU is hereby acknowledged as the Recognized Employee organization represent~ng only the permanent, l~ne-~tem Job classif~cations set forth in Exhibit A (which is attached hereto and made a part hereof) pursuant to Section 3.04 (c) of Ordinance No. 801 (eeS). It is the mutual understanding of the parties hereto that acknowledgment of SEID, as the recognized employee organization: A. Does not preclude employees in such job classifications from representing themselves individually ~n their employment relations with the City. B. Does not preclude or restrict the right of management officials to meet and consult with employees in such job classifications concerning their employment relations w~th the City. 1.06. Scope of Representation The scope of representation of the recognized employee organization shall include all matters relat~ng to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include cons~deration of the merits, necessity, or organ~zation - 5 - . . of any service or actlvlty provided by law or executive order and that the scope of representation shall be exercised or performed in compliance with the provisions of Ordinance No 801 (CCS). 1.07. Full Understandinq, Modification and Waiver The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss proposals regarding all matters properly with the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this Agreement. provisions or conditions not specifically changed in this MOU shall be as prescribed by the civil service provisions of the Santa Monica City Charter and the Santa Monlca Munlclpal Code. Each party, for the term of this MOU, speclfically walves the rlght to demand or petition for changes herein, whether or not the subjects were known to the parties at the time of execution hereof as proper subjects within the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). 1.08. Manaqement R1Qhts Reserved The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to: A. Direct, supervise, hire, promote, suspend, discipline, dlscharge, transfer, assign, schedule, and retaln employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductlve. C. Determlne the services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters. D. Determine the approprlate Job claSSlflcations and personnel by which government operations are to be conducted. E. Determine the overall misslon of the unit of government. - 6 - ---- -- -- . . F. Mainta1n and improve the efficiency and effectiveness of government operations. G. Take any necessary act10ns to carry out the mission of an agency in situations of emergency. H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. 1.09. Peaceful Performance of City Service It 1S mutually understood and agreed that participation by any employee in a strike or a concerted work stoppage terminates the employment relationship in the absence of specific written waiver of such terminat~on by an authorized management official. A. It is further understood and agreed that none of the parties hereto will partic~pate ~n or encourage, assist or condone any strike, concerted work stoppage, cessatlon of work, slow-down, sit- down, stay-away, 11legal picketing or any other illegal form of interference wlth or limitation of the peaceful performance of Clty services. B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slow- down, sit-down, stay-away, illegal picketing or any other illegal form of interference with or limitation of the peaceful performance of City services, the Clty, in addition to any other lawful remedies or disciplinary actions, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facllities, and prohibit access to former work or duty stations upon 24 hours notice. 1.10. Validity of MOU If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the rema1nder hereof shall remain in full force and effect. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. Should any change be made in any Federal or State law, or in any rules and regulations implementing such - 7 - . . legislation, or in any Clty Charter provision or Santa Monlca Municipal Code provision WhlCh would be applicable and contrary to any provision herein contained, then such provislon of this MOU shall be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substltuted for those ruled invalid or illegal. The partles hereto shall immediately commence to negotiate for the purpose of replacing any such invalld or illegal provision. 1 11. Caotions for Convenience The captions herein are for convenience only and are not a part of the MOU and do not in any way limit, deflne, or amplify the terms and provlsions hereof. 1.12. Equal Employment and Non-Discrimination It is agreed by both parties to this MOU that they will fully comply with all applicable local, State and Federal laws, rules and regulations governing equal employment opportunity. The Affirmative Action Program and the Sexual Harassment Policy of the City of Santa Monica are affirmed by both parties to this MOU and incorporated by reference here. Both partles also agree to abide by the requlrements of the Amerlcans wlth Disabilities Act (ADA). Every City employee is expected to respect the dignity of every other City employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, national origin, rellglon, disability or sexual preference/orlentation which could be construed as harassment. Verbal or physical harassment of fellow employees are vlolations of City policy. No employment decision may be made based upon an employee's submisslon to or rejection of such conduct. Any employee who believes that he or she is the victim of such harassment, whether sexual, racial, ethnic or religious, may file a complaint. The employee should attempt to discuss the matter with his/her immediate supervisor and, if not satisfied, submit the grievance in writing to his/her department head. The department head will render a decision, or will advise the employee of further procedures lf the matter is outside the department head's authority. If he/she is still dissatisfied, the employee should submit the grievance in writlng to the Director of Personnel who will interview the partles concerned and submit a - 8 - . . recommendat~on to the City Manager, whose decision shall be final. Complaints of discrimination against an appointed official of the City, including the City Manager, City Attorney, or City Clerk, should be made in writing to the City Council. Complaints of a sensitive nature, including complaints involving sexual harassment, may bypass any step of the standard grievance procedure which involves a supervisor or manager whose conduct is the subject of the complaint. Neither the City nor SEIU shall interfere w~th, intimidate, restrain, coerce, or discriminate aga~nst City employees because of their exercise of their r~ghts under Section 3502 of the Meyers-Milius-Brown Act 1.13. Def~nitions The following def~n~t~ons are to be applied ~n the ~nterpretation of th~s MOU: A. "Salary Range" shall mean the normal five-step (A through E) hourly or monthly pay scale (and the bi-weekly equivalent) assigned to each job classification within the City work force. Normal progression through the salary range toward E-step shall be in annual increments contingent upon sat~sfactory performance. B. "Salary Range Step A through D" for each job classification within the City work force shall mean and be established to bear the following percentage relationship to Salary Range Step E computed to the nearest dollar, with attainment based upon the following amounts of service in the position: Step A - 81% of Step E........ ..During 1st Year of Employment Step B - 85% of Step E........ ..Dur~ng 2nd Year of Employment Step C - 90% of Step E......... Dur~ng 3rd Year of Employment Step D - 95% of Step E........ ..During 4th Year of Employment Step E.... .................. ..After 4th Year of Employment - 9 - . . C. "Nearest Dollar" shall mean the next lower dollar in a monthly rate when the computed amount is 50 cents or less and the next higher dollar when the computed amount is 51 cents or more. D. "Line-item position" shall mean a position whlch is (a) specifically itemized in the personnel schedule of the annual budget of the City of Santa Monica and (b) ellgible to accumulate vacation, sick leave and other time off in proportlon to the percentage of the full-tlme 40-hour work week. Other fringe benefits shall be provided to part- time employees covered hereunder as if they were employed on a full-time basis. E. "Permanent Employees" shall refer only to the budgetary status of a position, differing from "as-needed," and does not guarantee continued employment to any employee. "Permanent Employees" shall mean: (1) A person who is legally incumbent of a line- ltem position, full or part-time; or (2) A former legal incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is being held pending the employee's return. F. "Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a line-item positlon ln the classified service of the City of Santa Monica, either by original employment, reemployment or promotion. The date of entrance for employees with broken service shall be considered as that date on which the last unbroken service in the classification was effective. G. "Satisfactory Service" shall mean the attainment of an overall performance ratlng of not less than "Satisfactory" on the performance report associated with the employee's most recent date of entrance anniversary. H. The "Full~Time Work Week" shall be defined as forty (40) hours, within a seven (7) day period, scheduled on consecutive days whenever operating condltlons of the department or City wlll allow. (1) Incumbents of line-item pOSltlons employed in a work week less than that defined as the full-time work week shall be compensated in - 10 - . . that proportion of the compensation for full-time employment as the number of hours budgeted for that position bears to the full-time work week; incumbents of line-item pos~t~ons employed in a work week greater than that def~ned herein shall be compensated for hours in excess of the full- time work week on the basis of and in accordance with the provisions of the article hereof relating to overtime. {2} Incumbents of line-~tem positions regularly working less than the full-time work week shall accrue vacation, sick leave and other time off in the same ratio as the average number of hours they work per week is to the full-time work week for the position occupied. Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. I. "Pay" shall mean all compensation, ~ncluding payment for sick leave, vacation, holiday, and JUry duty. J. "Work~ng Day" as used in the section of this Agreement pertaining to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours. K. "Compressed Work Schedule" shall mean a work schedule in which a full-t~me employee is assigned to work a total of e~ghty (80) regularly scheduled hours in nine (9), or less, days in a given two- week (i.e., two work week) period. 1.14. Overpayment Remedy Permanent employees covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City not~fies the affected employee in writing. Re~mbursement may be accompl~shed by a lump-sum deduction made on the next subsequent employee payroll warrant following overpayment notification, or by other reasonable repayment method mutually acceptable to the employee and the City, except that lump-sum deduction shall be required if the next subsequent employee payroll warrant is the final or termination warrant issued to the affected employee. - 11 - . . 1.15. Payments at Termination When permanent employees covered herein leave the serv~ce of the City of Santa Monica they shall be entitled to lump-sum payoff of unused accrued vacation leave and unused accrued compensatory time only. No cla~m shall be made against the City for the use or payment of unused sick leave, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. - 12 - . . ARTICLE II. COMPENSATION 2.01. Effective Date of Pay Increase Notwlthstanding any other provision contained herein, changes in salary rates and salary related benefit changes shall become effectlve on the 1st day of the payroll period closest to the effective date stated herein, or on the 1st day of the payroll period followlng the effective date if that date is the Sunday in the middle of a pay period. 2.02. Salaries Salaries of permanent employees covered herein shall be on a monthly rate, paid on a bi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate, the Clty Manager may fix the compensation of any position at an hourly rate. In positions for which the work week is forty (40) hours, the hourly equivalent shall be determined by dividing the bi-weekly rate by eighty (80). A. Effective July 1, 1993, the E-step salaries of employees covered herein shall remain unchanged. B. Effective July 1, 1993, for each of the following job classifications, the E-step salary shall be that salary set forth below. For all other Job classificatlons covered herein, the E-step salaries shall be the E~step salaries in effect as of June 30, 1993. Asphalt Crew Leader $3,534.00 Carpentry Crew Leader $3,552.00 Event Attendant III $3,295.00 Palnting Crew Leader $3,483.00 Plumbing Crew Leader $3,696 00 C. A given classiflcation covered by this MOU will be ellglble to recelve an equity adjustment providing that the compensation study conducted by the City of Santa Monica substantlates the need for any equity adJustment to bring the salary range of that classification in line with the mean salary paid to the same classification found in comparable citles. The City will be willlng to receive and evaluate any salary comparison data that SEIU might want to make available regarding an equity adjustment for a glven classification. Should a compensatlon study lndlcate that a glven - 13 - . . Job class1f1cat1on 1S currently being paid above the mean salary paid to the same classification found in comparable cities, the salary range of that classification will remain unchanged. Equity adjustments described herein will be considered on an annual basis, e1ther as a part of the annual budget process if no MOU negotiations should be occurring during the year in question or as a part of the MOU negotiations process should the MOU be up for negot1at1ons. Like any other salary increase, equity adjustments will be subject to the approval of the C1ty Council. 2.03. Overtime Overtime for employees who are regularly assigned to five (5) day, eight (8) hours per day work week and for permanent part-time employees who regularly work less than eight (8) hours in one (1) day and forty (40) hours in one (1) week shall mean work in excess of eight (8) hours in one (1) day or forty (40) hours in one (1) week, provided such hours of work have had the prior approval of an authorized departmental management official. Overtime for employees regularly assigned to a work day in excess of eight (8) hours shall mean work in excess of the regularly scheduled number of hours in one (1) day or in excess of forty (40) hours in one (1) work week, provided such hours have had the prior approval of an author1zed departmental management official. Discretionary time not worked, including vacation, sick leave and compensatory time off, shall not be counted toward the forty (40) hours required above. Non-discretionary time not worked, including holidays, jury duty and workers' compensation leave, shall count toward the forty (40) hours required above, with the except10n be1ng that if the employee works on a recognized holiday, the actual number of hours worked, but not the eight (8) hours of hol1day time, shall count towards the forty (40) hours for the purpose of calculating overtime. All authorized overtime shall be compensated for by cash payment based upon one and one- half (1-1/2) times the hourly rate equivalent of the employee's monthly salary computed to the nearest one- tenth of an hour, except that an author1zed departmental management off1c1al may grant compensatory time off at the rate of one and one-half (1-1/2) hours off for such overtime prov1ded that such compensatory tlme off can be granted within the current fiscal year. If compensatory tlme is accrued and not taken by June 30 of any fiscal year, it will be paid to the employee at the rate earned. - 14 - . . Operating un1ts shall make reasonable efforts to distribute overt1me work equitably among employees 1n the applicable job classification. If an employee believes he/she has been lmproperly denied overtime assignments such a claim may be processed through the grlevance procedure. In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day comprised of more than eight (8) hours, the employee will have the option of working the additional time requlred, on a straight-time basis, durlng the applicable seven-day work week, in order to receive a full day's pay for the day in question. Paid leave time would include holiday hours, vacatlon or sick leave. 2.04. Shift Differential Pay A night shift d1fferential of $.45 per hour for all hours worked on the shift shall be paid to any permanent line-item employee whose regular schedule requires the employee to work at least four (4) hours of his/her regular schedule between the hours of 4: 00 p. m. and 12:00 midnight, provided that: A. Shift differential shall not be paid when scheduled hours are compensated as overtime. B. The employee 1S not working between the hours of 4:00 p.m. and midnight as part of a split shift. "Split shift" is defined as: a shift of eight (8) or more non-continuous work hours ln a single day, separated by a break of at least three (3) non- working hours during the shift. Such employee shall be paid the night shift differential establlshed by this provision only for each hour actually worked between the hours of 4:00 p.m. and midn1ght. Effectlve July 1, 1991, the night shift differential, as provided above, will increase to $.60 per hour. Effective July 1, 1992, the night shift differential, as provided above, will increase to $.75 per hour. Any permanent line-item employee whose regular schedule requires the employee to work at least four (4) hours of the shift between midnlght and 7:00 a.m. shall be paid a graveyard shift differentlal of $ 60 per hour for the entire shift, except as provided in A and B above. Effective July 1, 1991, the graveyard shift dlfferential will increase to $.75 per hour for the entire shift, except as provlded in A and B above. Effectlve July 1, - 15 - . . 1992, the graveyard shift differential w~ll increase to $.90 per hour for the entire shif t , except as provided in A and B above Any employee whose sh~ft overlaps the above periods shall receive only that differential which applies to the majority of the shift worked. The applicable differential shall be paid for the entire shift. 2.05. Call Back Pay Should the City call back any full-time employees after his/her normal working hours to perform work, the City shall pay the employee his/her applicable hourly rate of pay for all hours actually worked, but in no event shall the employee receive less than a m~nimum of three (3) hours pay regardless of time actually worked as a result of being called back to perform serv~ces for the City. Hours paid for but not worked as call back pay shall be counted toward the computation of overtime. If there is less than six (6) hours between the end of the call back period and the beginning of the employee's regularly scheduled shift, the employee will receive time and one-half (1-1/2) h~s/her base rate of pay for all hours worked during the next regularly scheduled shift . However, if it is determined by management to pose a safety hazard to allow the employee to work his/her regularly scheduled shift following the end of the call back period, management reserves the right to not allow the employee to work. If the employee should not be allowed to work his/her regularly scheduled shift, the employee will not be compensated for said sh~ft. An employee will be considered to have been called back to work and thereby eligible to receive call back pay as provided by this Section of the MOD, if he/she is called back to work after the end of his/her regularly scheduled shift and if the report time for said call back occurs more than two (2) hours prior to the beginning of the employee's next regularly scheduled shift. If the employee is called and asked to report at a time that is two (2) hours or less prior to the beginning of his/her regularly scheduled shift, it will be considered to be an early report and not a call back, and, as such, the provis~ons of this section would not apply. - 16 - - -- -- - - . . 2.06. Report Pay Any regularly scheduled full-time employee who reports to work for h~s/her normal work schedule, but is released due to insufficient work, shall receive a minimum of four (4) hours work or pay. In the event that such employee works in excess of four (4) hours, he/she shall receive eight (8) hours of work or pay, prov~d~ng such employee does not rece~ve notice not to report to work. This provision shall not be effective for time not worked for disciplinary reasons or other normal leaves of absence. 2.07. Stand-By T~me This sect~on replaces the provisions of Resolution No. 6228 (CCS) in whole for employees covered by this MOD. An employee requlred to serve on stand-by duty shall be compensated at the rate of $1.75 per hour. Employees who are required to use their personal vehicles for stand-by response will be compensated at the City's mileage rate for miles actually driven in response to a stand-by call. If the employee is called in to work, he/she will be compensated for hours worked at the appropriate regular or overtime rate. 2.08 Bonuses A. Laborers and Sewer Maintenance Workers assigned to the sewer crew for periods ~n excess of one month shall recelve a bonus of 5.4% above their regular rate during the perlod of such assignment. This section supersedes the provisions of Resolution No. 3750B (CCS). B. Sanitation Truck Drivers assigned to one-man trucks shall recelve a $1.00 per hour bonus for all hours worked in such assignment C. A supervisory differential of 2.7% shall be paid to employees who are assigned to regularly supervlse other employees in the same job classification. D. Motor Coach Cleaners, when required to make road calls, will receive a bonus of .2 of an hour straight time pay for each road call. E. Assignments to and from the bonus situations described above are not promotions or demotions as described in the Municipal Code and are, - 17 - . . therefore, not subject to appeal to the Personnel Board. 2.09. Pay for Serving in Higher Job Classification When, in the determination of the department head, it is necessary to assign duties and responsibllities of a position classification higher than those normally performed by an employee due to the temporary absence of an employee in higher position classification, employees so assigned shall be compensated as follows; A. If the assignment is temporary due to the vacation, sick leave or other temporary absence of the employee in the higher classification, the employee temporarily assigned shall be paid at the rate of an addi t lonal seventy-five (75) cents per hour for all such hours assigned after the employee works a minimum of two (2) consecutive work days in the hlgher classification assignment, wi th payment retroactive to the first day. The City shall not rotate employees in and out of the higher position classification assignments in order to avoid paYlng said compensation. B. If the position to be filled is vacant because there is no properly classified employee available, and there is no valid eligible list for that position classificatlon, the department head may temporarily assign an employee who meets the minimum qualifications of the vacant position. The employee shall receive the salary rate for the vacant classification, at the lowest salary step which provides an increase of at least 5% over his/her current salary rate. C. If an eligible list exists for the vacant position, the department head shall attempt to appoint an employee from the eligible list at the earliest possible date, and the provisions of this paragraph shall be applicable to the employee assigned to cover the vacancy in any interim period. D. Nothing ln this section shall require the City to make temporary assignments of employees. E. Assignments to and from the situations described in this section are not promotions or demotions as described in the Municipal Code and are, therefore, not subject to appeal to the Personnel Board. - 18 - . . 2.10. Promotional Pay Rate If a permanent employee covered herein is promoted and his/her salary is equal to or greater than the entrance salary of the promotional classification, the employee's salary shall be increased to the next h~gher salary rate which provides a minimum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. A reclassification of a permanent employee covered herein to a h~gher level job classification w~ll be considered a promotion and the employee's salary shall be increased to the higher salary rate in the new job classification which provides a minimum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new job classification. 2.11. Off-Dutv Court Appearances If an employee appears in state or federal court wh~le off-duty in response to a subpoena or directive ~n relation to a matter that arose during the course and scope of employment, the employee shall receive a minimum overtime compensation of three (3) hours at the rate of one and one-half (1-1/2) times the employee's base rate of pay. Individual employees shall not have their work schedules changed to avoid the payment of compensation under this section. This shall not prevent the Department from changing the schedules of groups of employees. - 19 - --- . . ARTICLE III. SUPPLEMENTAL BENEFITS 3.01. Health Insurance Programs A. Medical Insurance Effective July 1, 1993, the City agrees to pay up to a maximum of $475.00 per month towards the cost of medical insurance coverage for employees and eligible dependents provided that employees covered herein participate in the City-offered medlcal lnsurance programs. The cost of medical lnsurance coverage will be set at the beginning of the medical plan year and will be a "composlte" monthly insurance premium derived by dividing the total monthly insurance premium for all medical plans offered by the City, except the PERS PORAC medlcal plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required under such plans shall be paid by the employee electing such coverage. The City and SEIU agree that employees should benefit from any premium savings which accrue from the implementation of a new health insurance program (Triple Optlon Plan + Kaiser) in 1994. The following procedure will be utilized to determine savings, if any, and, in the event of savings, how said savings will be dlstributed: 1. The actual medical insurance premium costs for 1993 for non-safety employees shall be compared against the City's actual premium costs for the new Triple Option Plan + Kaiser for those same employees. 2. If there should be any premlum savlngs between 1993 and 1994, each employee's share of the savings will be determined by dividing the total amount of the savings by the total number of City employees (non- safety) participating in the City'S medical insurance program. Each employee's share of any savings will be paid to the employee by no later than March 1, 1995. Prlor to this payment, the City will meet and confer with SEIU and the other City bargaining units to determine the method by which said payment - 20 - . . will be made (e.g., lump sum, contribut~on to deferred compensation plan, etc.). In the event the medical insurance premiums for the Triple Option Plan + Kaiser for 1995, and any subsequent calendar year, should be less than the actual City medical insurance premiums for 1993, the savings will be handled in accordance with the same procedure outlined above with the payment being made to the employees by no later than March 1 of the following calendar year. B. Dental Insurance Dental insurance coverage shall be prov~ded at no cost to the employees and their eligible dependents provided that employees covered herein participate in the City-offered dental insurance programs. C. Vision Insurance The City agrees to provide vision care insurance, at no cost, to employees covered herein. The City retains the right to select the provider and to set the levels of coverage for said vision care insurance plan. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits provided under the plan without meeting and conferring. 3.02. Retirement The City ~s a contract member of the Public Employees' Retirement System (PERS), and it is understood and agreed that such membership will be mainta~ned and that employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the C~ ty and PERS heretofore approved by the Santa Monica City Council. The City shall pay, in behalf of each employee covered by th~s Agreement, an amount equal to 100% of the individual employee's share of the required retirement contrlbutions to PERS (i.e., 7% of the employee's compensation as defined by law) . These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ord~nary income and thus will not - 21 - . . withhold Federal or State income and thus will not withhold Federal or State income tax therefrom. The City's practice will be to report these payments as being those of the employees so that they will be credited to the particular employee's individual account w~th PERS and upon termination will belong to the employee. It is agreed that if State and/or Federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. 3.03. Tu~tion Reimbursement It is agreed that the City will budget annually an amount equal to $10 per permanent full-time employee in the appropriate unit for tuition and required study material reimbursement for career improvement study approved by authorized management officials. Reimbursement shall equal the total cost of tu~t~on (exclusive of lodging and meals) and the total cost of required study mater~als, provided however, that: A. Enrollment ~n the career improvement study course shall be approved ~n advance by an authorized management offic~al; B. The study course must be directed to qualification for an employment position represented in the City work force, or to enhancement of current job performance; C. The employee must exh~b~t some reasonable expectation of qualifying for such position upon successful completion of the study course; D. Reimbursement shall be made only in installments upon successful completion of prescribed units of study required by study course approved; E. In no event shall the City's reimbursement be reduced when there ~s an outside source of aid except in those cases where the aid from the outside source(s) plus the normal City re~mbursement exceeds the cost of tuit~on and study material for the approved study course; F. If approved tuition reimbursement costs exceed the budgeted amount as described above, the re~mbursed costs will be prorated so as not to exceed the budgeted amount; and - 22 - - ---- - . . G. The maximum annual amount of reimbursement per individual employee shall not exceed $500.00. 3 04 Deferred Compensation It is hereby agreed that employees covered herein will be offered participation in the City's deferred compensation plan. 3 05. Uniform Allowance A. Each regular full-time or permanent and continuing part-time employee covered by the provisions of this MOU, except Animal Control Officers, if required to wear a uniform and such uniform is not furnished by the C~ty, shall receive a monthly uniform allowance of $25.00 and shall provide and wear at all times wh~le on duty the uniform prescribed by their respective department heads. B. The City shall furnish and maintain coveralls to those employees that are required to do work that may cause damage to their personal clothing. C. Except for those employees receiving a uniform allowance as provided in A and B above, the City shall prov~de and maintain at least nine (9) sets of any required uniform and employees shall be required to wear such uniforms at all times while on duty. D. If an employee is required by the City to wear safety shoes, the City will provide not less than one pair of safety shoes annually with said safety shoes to be suppl~ed by a C~ty-designated vendor. 3.06 Tool Allowance Employees occupying the line-item job class~fications of Mechanic, Welder Fabricator, Transportation Mechanic, Mechanic Assistant, Transportation Mechanic Assistant, Mechanical Ma~ntenance Pa~nter, Carpenter, Electrician and Plumber may be reimbursed for tools required, as determ~ned by the C~ty, for work performed for the City up to a maximum $300.00 per calendar year. Reimbursement will be made after the employee submits necessary receipts to his/her supervisor and the - 23 - . . supervisor approves the reimbursement by requesting a warrant for payment. If the City provides the employee with all of the tools required to perform his/her job, as determined by the City, the employee will not be ellgible to receive a tool allowance. In the event that the personal tools and tool boxes of the employees covered by this section which are required to perform their job duties are destroyed by earthquake or fire at the job site, the City agrees to replace such items. In order for this to occur, the employee requesting such reimbursement must have on file in his/her superVlsor's office a current inventory of his/her tools and tool box which are at the work Slte. The employee is responsible to providing his/her supervisor with an up-to-date inventory of his/her personal tools and only those tools, on a tool for tool and on a brand for brand basis, will be subject to replacement by the City under the provisions of this Section. 3.07. Mileaqe Reimbursement and Enerqy Conservation Reimbursement to employees for authorized use of personal automobiles on City business shall be at the rate establlshed by the City Council. Santa Monica Munlcipal Bus Line tokens, to a maximum of twenty (20) tokens per month, will be provided to any employee covered hereunder who submits, on the City m~leage reimbursement form, a record of his/her trips (home to worksite, or worksite to home) during the precedlng month. The Santa Monica Municlpal Bus Line route number and the bus number used for each trip must be entered on the relmbursement form. Any employee entitled to a City parking pass, who has not been issued a City parking pass, or who voluntarily turns in his/her parking pass, shall be eligible to receive forty (40) tokens per month under the terms described above. 3.08 State Disability Insurance Employees covered herein are provided wlth State Disabllity Insurance (SDI) , pursuant to Unemployment Insurance Code Section 710.5, at the City's expense, with no integration of sick leave. 3.09. Sick Leave Buy Back Employee covered herein shall have the annual option to be paid for certain unused sick leave on the terms noted below or to "bank" unused sick leave. - 24 - . . Payment shall be calculated on the basis of the employee's base salary - - excluding any special assignment or bonus pay - - for the fiscal year during which the sick leave was earned but not used. To qualify, the employee must be on the payroll as of June 30 of that f~scal year. Further the employee must have a sick leave "bank" of 12 days. (For the purposes of this sect~on, "bank" shall mean sick leave earned in prior years and brought forward from the prior fiscal year at the beginning of the fiscal year during which payable sick leave is earned.) Annual sick leave payoffs under this section for employees with less than ten (10) years of service, shall be made according to the following schedule' Sick Leave Days Used Sick Leave Days Payable In the Fiscal Year At Fiscal Year End 0 6 l 5 2 4 3 3 4 2 5 l 6 or more 0 Annual sick leave payoffs under th~s section for employees with ten (10) or more years of service shall be made according to the following schedule: Sick Leave Days Used Sick Leave Days Payable In the F~scal Year At Fiscal Year End 0 12 1 11 2 lO 3 9 4 8 5 7 6 6 7 5 8 4 9 3 10 2 11 1 l2 or more 0 It is mutually acknowledged by the parties that the use of Code 40 or other time off not appropriately scheduled in advance will disqualify an employee from el~gibility - 25 - . . for payment under this Section. There will be an exception to this MOU provision for employees covered hereunder who work a compressed work schedule. Employees assigned to work a compressed work schedule will be allowed to use Code 40 or other paid leave time, including vacatlon leave, compensatory time, or personal leave day hours, to supplement the eight (8) hours of paid sick leave in order to receive a full day's pay for a sick day. The use of Code 40 or other paid leave time in this manner by an employee assigned to a compressed work schedule will not disqualify the employee from being eligible for sick leave buy back. Sick leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "bank" prior to the payoff date shall be removed from the "bank") . - 26 - . . ARTICLE IV: LEAVES 4.01 Paid Holidays Employees covered here~n shall rece~ve paid holidays as hereinafter prov~ded' New Year's Day (January 1) Martin Luther King's Birthday (Third Monday in January) Lincoln's Birthday (February 12) Washington's Birthday (Third Monday ~n February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Thanksgiving Day (Fourth Thursday in November) The Friday following Thanksgiving Day The half-day immediately before Christmas Day Christmas Day (December 25) The half-day immediately before New Year's Day One (1) floating holiday All other holidays declared by the City Counc~l A floating holiday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. A floating holiday not taken by the end of the fiscal year shall be paid to the employee. Employees in departments or divisions currently observing different holiday schedules shall, in lieu of the holidays listed above, receive holidays enjoyed by other operating employees in that particular department or divis~on, prov~ded however that the same number of holidays (twelve) shall be observed. Whenever any day l~sted herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preceding shall be deemed the holiday if it falls on the first day off, and the day following shall be deemed the holiday if it falls on the second day off in lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon the first, second or th~rd day off of any employee who has three (3) consecutive days off, the day preceding shall be deemed the holiday if it falls on the first day off, the day following the third day off shall be deemed the holiday if it falls on the second or third day off in lieu of the day l~sted. - 27 - . . Whenever any day listed herein as paid holiday falls upon any day off of an employee who does not have two (2) consecutive days off, the following day shall be deemed the holiday for such employee. Time worked on an authorized paid holiday shall be compensated for at one and one-half (1-1/2) times the hourly rate equivalent of the monthly salary for the time worked up to and includ~ng the number of hours the employee normally works on any work or duty day. Such time worked in excess of the hours of the employee's normal work or duty day, except part-time permanent employees, shall be compensated at one and one-half times the hourly rate equivalent of the monthly salary. Part- time permanent employees shall be compensated for such time worked in excess of eight (8 ) hours at one and one- half (1-1/2) times the hourly rate equ~valent of the monthly salary. Whenever any day listed here~n as a paid holiday falls upon any day other than Saturday or Sunday when a City facility (including department, division or work unit) is already scheduled to be closed to the public because of the adoption of a compressed work schedule, employees who work at said City facility will receive a floating holiday in lieu of the day listed as the paid hol~day. This floating holiday cannot be accrued and carried over to the next fiscal year, and the floating holiday cannot be cashed out at the end of the fiscal year. This floating hol~day must be taken by the end of the f~scal year in which it is granted to the employee or be forfeited. Employees of the Refuse and Transportation Maintenance Divis~ons will be scheduled off duty on recognized holidays listed above whenever operational staffing needs allow. As many employees as possible will be scheduled off duty and volunteers and as-needed employees will be used to the extent that they have the required skills, but regular employees may be required to work on holidays to meet the service needs of the public. Employees of the Refuse Division who are required to work on holidays listed above shall be paid according to the applicable overtime prov~sion or have the option of (1) requesting an alternative 8-hour day off within the pay period, or (2) banking the day for use or payoff before the end of the f~scal year. The approval of a specific alternative day off shall be at the d~scretion of the d~vis~on superintendent. If an employee is scheduled to work on a hol~day and fails or refuses to appear for duty, or calls in sick and cannot verify the ~llness with the appropr~ate medical - 28 - . . documentation, hel she wlll forfeit any compensation for the day, includlng holiday pay, sick leave pay, or other compensation. The floating holiday is accrued by employees on pay status on July 1 of each fiscal year. Employees who are hired after July 1 will not be eligible to receive a floating holiday until the next July 1. If the floatlng holiday is not taken during the fiscal year in which it is accrued, it shall be paid off in July of the new fiscal year at the rate ln effect at the end of the prior fiscal year A floating holiday which is cashed out at the end of the fiscal year shall be paid in an amount equal to eight (8) hours of the employee's straight-time base salary rate of pay. 4.02 vacation Leave Each employee occupying a regularly authorized llne-item position or a permanent and continuing part-time position in any job classification covered herein shall accrue vacation leave with pay on the following basis: A. Following completion of the 1st six calendar months of continuous service, 6 working days. B. Thereafter, up to and including 5 completed years of serVlce, 1 worklng day for each completed calendar month of service. C. Upon completion of 5 years of service and up to 10 completed years of service, 1.25 worklng days for each completed calendar month of service. D. Upon completion of 10 years of service and up to 15 completed years of service, 1.5 working days for each completed calendar month of serVlce. E. Upon completion of 15 years of service and thereafter, 1.75 working days for each completed calendar month of service. F. A completed calendar month for which benefits herein shall accrue is deflned as a calendar month in which the employee has been in pay status for 11 or more working days in that month. G. Accrual of vacation leave shall not exceed forty (40) days. H. Except as provided herein, the administration or application of vacation leave provisions and the - 29 - . . limitations on the accumulations, proportionate accumulation, scheduling and payment for such leave shall be as prescribed in the Civ~l Serv~ce provisions of the Santa Monica Municipal Code. 4.03 S~ck Leave A. The use of sick leave shall be defined as in Section 2.04.570 of the Santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except as follows' Sick leave shall be def~ned as absence from duty because of the employee's illness or off-the-job inJury, exposure of the employee to contagious disease as evidenced by certification from an accepted medical authority, medical or dental appointments of the employee or the employee's dependent children which could not be scheduled during non-work hours, with proper advance notification to the employee's superv~sor, or illness or injury of any member of the employee's household. B. Each ~ncumbent of a line-item position shall accrue sick leave with pay on the following basis: ( 1) Following completion of six (6) calendar months of continuous serv~ce, six (6) working days. Thereafter, one working day for each completed calendar month of service. (2) A completed calendar month for which benefits herein shall accrue is defined as a calendar month in which the employee has been in pay status for eleven (11) or more working days in that month. (3) For all employees, sick leave shall begin with the 1st day of illness (4) Full-time employment, for the purpose of this section shall be construed as the forty (40) hour week regardless of the hours actually worked in a calendar week. A line-~tem position incumbent employed less than forty (40) hours per week shall accrue sick leave in proportion of the sick leave for full-time employment as the number of hours per week budgeted in that position bears to the forty (40) hour week. - 30 - . . (5) The right to benefits under the sick leave plan shall continue only during the period that the employee ~s employed by the City. This plan shall not give any employee the right to be retained ~n the services of the City, or any right of claim to s~ckness disab~lity benefits after separation from the service of the C~ty. (6) Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of ~njuries or disabil~ty received as a result of engaging in employment other than employment by the City for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation than business or activity connected with City employment. (7) Any employee who is absent because of sickness or other physical disability shall notify his/her department head or other immediate superior officer as soon as possible but in any event, according to the rules of his/her department. (8 ) If the employee's absence on sick leave exceeds thirty (30) calendar days, employee must submit a statement and medical certificate on an official City form prior to being granted reinstatement to City service. (9) At the written request of the appointing authority, the Personnel Director may require an employee to subm~t to an examination by the City'S medical examiner, and if the resul ts of the examinat~on indicate that the employee is unable to perform his/her duties or in the performance of his duties exposes others to infection, the employee shall be placed on sick leave without privilege of reinstatement, until adequate medical ev~dence is submitted that the employee is competent to perform his/her dut~es, or will not subject others to ~nfection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his/her own selection, and at his/her own expense, in addition to the report submitted by the City medical examiner. In the event of a conflict of opinion and/or recommendations of the two examiners, a third examiner shall be selected by the first two - 31 - . . examiners, and a final decision shall be made by the Personnel Board based on three reports. 4.04 Leave of Absence Without Pay An employee may be granted a leave of absence without pay upon application approved by the department head and the City Manager. Such leave may not exceed one year's time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualifications make ~t desirable for the C~ty to retain the employee'S services even at the cost of some inconvenience to the City. 4.05 Military Leave An employee with a permanent civil service status, who in time of war or national emergency as proclaimed by the president of the United States or the Congress of the United States, or while any national conscr~ption act is in effect, is l.nducted into the armed forces of the United States or who leaves employment with the City to enter voluntarily the armed forces and within a reasonable time after leaving employment with the City does enter such service, shall be granted a leave of absence without pay for the duration of the period of active service with such armed forces. If such employee receives an honorable discharge or its equivalent and the position st~ll exists and the employee otherwise is qualified to fill the same, the employee shall have the right to return to the position wlth the City withln 6 months after the termination of such active service but shall not have a rlght to so return later than 6 months after the end of the war or after the time the President or Congress proclaims the national emergency is terminated, or after the expiration of the national conscription act. Such an employee shall recel.ve senlority and other credits on the same basis as though the employee had remained in the City service and had not taken such milltary leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable State law. 4.06 Worker's Compensation Leave A. An employee who is receiving disability payments under the Workers' Compensation Act of California - 32 - . . shall receive the d~fference between the disability payments under the Workers' Compensation Act and full salary during the first 60 days of such disability absence; the first two (2) days of this period of 60 days shall be without salary except that payments shall be made in accordance with requirements of the State of California Workers' Compensation Act. B. When an employee receives compensation under the Workers' compensation Act of California, such compensation received shall be considered part of the salary to be pa~d to the employee under the provisions of this section. 4.07 Jury Duty Any line-item employee covered herein, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular base compensation less all jury fees received excluding mileage for the regularly scheduled work time required to be spent in court. Each employee receiving a notice to report for jury service shall immed~ately notify his/her immediate supervisor. Whenever daily jury duty scheduling permits, employees shall return to their regular daily job assignment to complete their regular daily work hours. Proof of jury service may be required before compensation will be made under this section. 4.08 Parental Leave Employees who demonstrate that they have primary responsib~lity for the care of a new child who requires constant parental supervision, shall be entitled to a leave of absence totaling four months immediately following the child's birth or adoption and shall be returned to the same job classification occupied prior to the leave upon its expirat~on. Paid vacation leave or sick leave, if applicable, as well as unpa~d leave shall be counted toward the four month total. Paid sick leave can be used only if the requirements of Section 4.03 (Sick Leave) of this MOU or Section 2.04.570 (Sick Leave) of the Santa Monica Municipal Code are met. Additional leave may be requested under the provisions of this MOU governing leaves of absence without pay (Section 4.04). - 33 - . . Primary responsib~lity may be establ~shed by providing documentation that the employee's spouse is medically incapacitated; or that the spouse is gainfully employed during the hours the employee is normally scheduled to work and no schedule change for the employee or spouse ~s possible; or by demonstrating other extraordinary circumstances such as the adoption of a disabled child who requires constant parental supervision. Maternity leave is not the same as parental leave and shall be adm~nistered in accordance with State and Federal law. 4.09 Personal Leave Two (2) days of leave each fiscal year may be used for personal matters. This leave shall be charged against accrued sick leave. This leave shall be granted in units of not less than two (2) hours, and only if the accrued sick leave ~s avallable. This leave shall not be accruable from year to year if not used in any given fiscal year, nor shall the employee be compensated for unused personal leave days chargeable to sick leave at the end of the fiscal year. In addition, two (2) days of leave each fiscal year may be used for personal matters, with said leave not to be charged against accrued sick leave. This leave shall be granted in units of not less than one-half (1/2) of the number of hours that would constitute the employee's regularly scheduled work day. For example, if the employee's regularly scheduled work day is eight (8) hours in length, sald leave shall be granted in units of not less than four (4) hours. The only exception to this would be the use of personal leave hours to supplement holiday hours or sick leave hours for a given holiday or sick leave day in order to receive the total number of hours that the employee would have been regularly scheduled to work that day. For example, if the employee ~s normally scheduled to work a ten (lO) heur day, the employee can use two (2) hours of personal leave time to supplement the eight (8 ) hours of holiday pay or eight (8) hours of sick leave pay for the holiday or the sick day. Scheduling of days off shall be done with prior approval of the employee's supervisor, providing that requests for time off shall not be unreasonably denied. Denials of time-off shall be in writ~ng and shall state the reasen(s) for the denial and shall propose alternate date(s) or make a request for a different day off. The employee shall not unreasonably refuse to agree to - 34 - . . proposed alternate date(s}. The employee shall have the right to challenge the denial of time off through the grievance procedure outlined in Section 6.07 of this Agreement. Unused personal leave days that are not charged to sick leave shall not be accruable from year to year if not used in any given fiscal year, nor shall the employee be compensated for unused personal leave days at the end of the flscal year unless the supervisor and the employee could not agree upon the scheduling of sald leave days during the fiscal year. If an employee has been unable to use said personal leave days as a result of leave being denied by the employee's supervisor, the Department Head shall certify same by letter accompanying the final timecard of the fiscal year, and the employee shall be paid the straight time value of the unused personal leave time at the employee's base rate. 4.10. Bereavement Leave Bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of a member of the employee's immedlate family, meaning spouse, child, brother, sister, parent, parent- in-law, son-in-law, daughter-in-law, step-parent, step- brother, step-sister, grandparent or grandchild. In addition, bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of any member of the employee's household. 4.11 Family Leave The City hereby agrees to implement family and medical leave in accordance with the California Family Rights Act (CFRA) and the Federal Family and Medical Leave Act (FMLA) for all employees covered herein. These statutes shall supersede and be implemented in lieu of any contract language or Clty policy/practice which provides a lesser benefit. Before the issuance of any administrative regulations pertalning to leave under the CFRA or FMLA, the City agrees to discharge its meet and confer obligation with SEIV. - 35 - . . ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevention The City shall provide a reasonably safe and healthy working environment in accordance with applicable State and Federal laws and regulations. The employee organizat~on agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. Both parties to this MOD agree to fully support the City's Risk Control Policy. Sald policy sets forth the City's commitment to maintaining a safe and healthy work environment, to preventing accidents and .l.njuries and minimizing risk and loss wherever possible. Said policy outlines the safety responsibilities of the City, City managers and supervisors, and City employees. 5.02 Effect of Job Performance on Salary The City Manager, ln exceptional cases, based upon specific appraisal of the lmportance and difficulty of the work and the experience and ability of the person to be employed, or of the incumbent, may authorize entrance salaries higher than the minimum, and special increases above the amount prescribed in the salary schedule for the class and length of service of the incumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any provision contained herein, there will be no increase in wages of any kind as a result of a NOT ACCEPTABLE rat.l.ng on the employee's prescrlbed periodic performance rating. There will be no subsequent lncreaSes in wages until the NOT ACCEPTABLE has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE, an employee may be dismissed from service, and if two consecutive performance ratings are marked NOT ACCEPTABLE, said employee shall be dism.l.ssed by appointing authority for inefflciency (SMMC Section 2.04.490). Any overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary increase at the discretion of the appointing authority. Such action shall remain in effect until the overall rating has been lmproved to at least the SATISFACTORY level. - 36 - . . 5.03 Layoffs Employees may be separated from employment for an indefinite period of time by the City because of lack of work, lack of funds, abolition of position, or other simllar causes, providing however, that the Dnlon shall be glven thirty (30} days advanced written notice of any such action. Such action is deslgnated as a layoff, and shall entitle the lald-off employee to be placed on the re-employment list for his job classiflcation. Layoffs shall be governed by seniorlty in service within a particular department, and within a particular Job classification; that is, an employee being laid off shall be that employee with the lowest seniority in the particular job classification involved. Re-employment from layoffs in a particular department shall be in the reverse order in which the layoffs occurred in that department. Any position may be abolished by the City Council and should such an abolished posltion be reinstated, or any position involving substantially the same dutles be created or filled within one year, the laid-off employee shall be entitled to re-employment in accordance with the rules governing layoffs. If there is a class of positions of lower rank, and in the same promotional line as the class of positions from which layoff is made, the appointing authority shall demote the employee scheduled for layoff to a position in such lower ranking class of positions. The employee wlth the lowest seniority OccupYlng such lower ranking position may in turn be laid off or demoted in the same manner, to the end that the last person employed in the lowest ranking class of positions may be the person laid off. 5.04 Work By Supervisors Employees covered by thlS MOD may, from time to tlme, have the opportunity to work in higher paying job assignments as referenced in Section 2.09 hereof. To the extent that supervisors may perform work which could ordinarily be performed by employees in the job classiflcations covered by this MOU, the City reserves the right to have supervisors perform such work whenever the duratlon of the asslgnment does not warrant the reassignment of personnel, during an emergency, or when a qualified employee is unavailable. The Union recognizes that crew leaders and lead workers are, by nature, working supervisors, and that periodic assignments of these employees does not constitute any violation of any provision of this MOD. The City is not obligated to reassign employees except as the City may determine to be appropriate. - 37 - . . 5.05. Wash-up Period The parties agree that employees covered by this MOU who perform physical manual labor shall have a period of time before the end of their shift to wash-up and/or change clothes. Therefore, each said employee shall be entitled to fifteen (15) minutes immediately before the end of each shift for that sole purpose. No employee covered herein shall stop work prior to the last fifteen (15) minutes of his/her work shift, and no employee will be entitled to such f~fteen (15) minute wash-up time if wash-up and change of clothes is not necessary. 5.06 Subcontracting- The City agrees that ~t will notify the Union and meet and confer on any known or anticipated layoff, demotion, reclassification or involuntary transfer of unit members resulting from a decision to subcontract work ordinarily performed by members of the bargalnlng unit. The Union agrees that the dec~sion to subcontract any work shall be the exclusive rlght of the Clty. 5.07. Employee Parkinq It is hereby agreed that the City will make every effort to maintain free parking as it presently exists for City employees at City facilities. The employees covered by this Agreement recognize that the City must comply with Regulation XV issued by the A~r Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result in the City meeting the compliance requlrements of AQMD's Regulation XV or the City'S Transportation Management Plan Ordinance within one (1) year of the effective date of this Agreement, it is understood that the City can implement a charge for employee parking in an effort to meet those requirements. In addltion, if it should become necessary to charge for parking during the term of thlS Agreement in order to comply with any other State or Federal requirements regarding transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for parking wlthout meeting and conferring with SEIU should any employee(s) represented by SEIU be subject to such a charge. - 38 - . . 5.08. Work Schedule Except in the case of emergency, an employee shall be provided with fifteen (15) days advance notice of a change in his/her regularly scheduled work hours. This provision shall not apply to operational areas, such as the Civic Auditorium, where work schedules need to rema~n flexible in order to meet the operational needs of the City. whenever a permanent vacancy occurs on a work schedule with different days off and/or different hours of work, reasonable efforts shall be made to offer that work assignment to other qualified employees on the basis of senior1ty. Management shall determine which employees meet the qualifications required for the work assignment. If an employee believes that hel she has been improperly denied such an assignment, he/she can file a grievance in accordance with Section 6.07 of the Agreement. In those cases where a permanent employee desires to modify his/her work schedule to accommodate specific work schedule needs of the employee (e.g. , dependent care arrangements) that do not fall within the normal work schedule established for the employee's position, the employee shall submit a request for a work sChedule modification to his/her Department Head. As long as the operational needs of the Department and the City will still be met, upon approval of the Department Head, the employee's request shall be approved. If ~t should be later determined that the operational needs of the Department and the City can no longer be met with the employee's modified work schedule, the employee shall receive at least th~rty (30) days' not~ce that his/her modif~ed work schedule can no longer be continued. In the event that the employee cannot change his/her outside scheduling needs to fit w~thin the regular work schedule established for his/her position, the City will make every reasonable effort to place said employee in another like position where the employee's specific scheduling needs can be accommodated. While nothing in this Section requires that the employee's modified work schedule be granted or that the employee be transferred to a like position to meet the employee's outside scheduling needs, requests shall not be unreasonably denied. If an employee's request for a modified work schedule is denied and if the employee does not agree wlth the decision that has been reached, the employee can grieve such decision under Section 6.07 (Grievance and Complaint Policy) of this Agreement. Failure to successfully - 39 - . . transfer an employee under th~s Section will not be grievable. 5.09. Personnel Files The City shall maintaln one and only one offlcial personnel file for each employee covered herein. Said flle shall be kept in the City's Personnel Department. All personnel action shall be based solely on the contents of the official personnel f~le except that there shall be no requirement that employee counseling documentation be included in said file until such time as other personnel act~ons relying upon the employee counseling documentation is taken, provid~ng that the employee has received a copy of said employee counseling documentatlon. However, this does not preclude an appointing authority from taking disciplinary action for an incident for which there is no prior documentation as long as the disclplinary action is warranted and is based on just cause. Progressive discipline will be followed with the disciplinary action taken being dependent upon the severity of the inc~dent on WhlCh the disciplinary action is based. Depending upon the severity of the lncident on which disclplinary action is based, termination w~thout prior dlsciplinary action can occur. An employee covered herein shall be entitled to rev~ew the content of his/her City or departmental personnel file at reasonable intervals provided that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular business hours of the office in which the files are maintained. No material shall be placed in an employee's City or departmental personnel file without having been shown to the employee. If the employee requests a copy of said mater~al, a copy shall be provided. An employee may prepare a wrltten response to any such material and such response shall be f~led with the original mater~al. Materials placed in the official personnel file shall be placed withln said file within thirty (30) days. If an employee believes that material contained in his/her personnel file was not timely and/or is not accurate, he/she may petltion the Director of Personnel, in writing, to remove the material in question from the file. The Director of Personnel shall respond, in writing, within fifteen (15) working days based on the work schedule in effect for City Hall. Both the employee's request and the Director of Personnel's answer shall conta~n a statement of reasons. If the Director of Personnel so determ~nes, the material in question shall - 40 - . . be removed from the employee's personnel file. If it is the Director of Personnel's determination that the material remain in the personnel file, the employee may place a written statement regarding said material in the personnel file. Reprimands and warnings which become part of an employee's official personnel file may be referenced in the employee's next performance evaluation. 5.10. Promotion If, upon promotion, an employee represented hereln fails to satisfactorily complete his/her probationary period in the position to which he/she has been promoted, or during the probationary period wishes to return to his/her former position, he/she shall have the right to return to his/her former position, lf vacant, or to a comparable position in the same job classification if a vacancy exists. If no vacancy exists, the employee will have reappolntment rights to hls/her former position as provided by Santa Monica Municipal Code (Section 2.04.450) . 5.11. Probationary Period Any appointment made from an eligibility list shall be subj ect to a probationary period of six (6) months. However, upon the determlnat10n of the appointlng authority, sald probationary perlod can be extended for proper cause for up to two (2) additional six (6) month periods. If an appointing authority determines that the extension of an employee's probationary perlod 1S warranted, he/she shall submit to the Director of Personnel, in writing, the reason (s) for extendlng the employee's probationary period within ten (10) calendar days prior to the expiration of the probationary period. This same provision shall apply to any successive slx-month extension of the probationary perlod. If an employee's probatlonary period lS extended, he/she has the right to request that such extension be reviewed by the Personnel Director. The Personnel Director shall make the final determination as to whether or not there is proper cause for extending the employee's probationary period No appointee shall acquire permanent civil service status until his/her probatlonary period has expired and unless prior to the expiration of such period the appolnting authorlty of the appointee has recommended to the Personnel DlrectOr, ln writing, that the appointee be given permanent civil service status. In the event the - 41 - . . appointing author~ty fails to make such recommendation prior to the expiration of the probationary period, the probationary appointee's employment by the City shall terminate automatically upon the expiration of said probationary period. This same provision shall apply to any six-month extension of the probationary period. If an employee covered herein passes a six-month probationary period, said employee would normally not be eligible for a salary step increase until the completion of one full year of service in that position, with said salary step increase being contingent upon satisfactory serv~ce. - 42 - . . ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions It is mutually understood and agreed that the City will, subject to the provis~ons of this Agreement, deduct monthly and remit to the office or off~cer designated in the employee payroll deduction authorization recognized employee organization dues, credit union lnvestments or payments, health and hospitalization insurance premiums, and life and accident lnsurance prem1ums. Any or all of such payroll deduct~ons are subject to termination by the City Manager upon twenty-four (24) hours notice for failure to comply with the provisions of this Agreement. 6.02 Reasonable Notice It is mutually understood and agreed that a copy (via the United States Postal Service) of the Clty Council and/or Personnel Board agenda for each meeting mailed to the authorized representat~ve of the recognized employee organization shall constitute reasonable written notice, and notice of an opportun~ty to meet with such agencies, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. 6.03 Union security A. Malntenance of Membership Employee payroll deduction authorizations for the Union dues shall be voluntary on the part of the employee but shall not be subject to unilateral cancellation by the employee during the term of this MOU. All employees who are members of the union at thirty (30) days following ratificatlon of thlS MOU by the City Council, or who shall thereafter become members, shall obligate themselves to pay dues to the Union for the life of this MOU and hereby authorize the City to deduct said dues for the term of this MOU. - 43 - . . B. Agency Shop At such time as SEIU demonstrates that it has 70% membership (based on the number of dues paying members in comparison to the number of filled SEIU positions), the City agrees to grant SEIU an Agency Shop provision. At such time as the Agency Shop provision becomes effective, this MOU shall be amended to contain the provis~ons in Exhibit B, and Exhibit B shall be in effect in lieu of paragraphs A and B, herein. C. SEIU agrees to and shall indemnify and hold harmless the City of Santa Monica, ltS Council, boards, commissions, off~cers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or SUlt, arising from or in any manner connected with the operation of this provision. 6.04. Union Visltation and Shop Stewards' Riqhts Duly authorized representatives of the Union, after receiving prior consent of the department head, shall have the right to contact employees at work during rest or other scheduled non-work periods with respect to the investigation of grievances, regarding the interpretation or application of this Agreement, the City of Santa Monica Municipal Code as it relates to personnel matters, personnel resolutions and regulations, and/or salary schedule. It is understood and agreed that such contacts by the Union will be 11mited to complaint investigation and grievance processing and shall not include solicitat~on of Union membersh~p, collection of dues, or the conduct of other Union business. It is further agreed that such contacts shall not interfere with the regular performance of work by employees. The Union shall designate its authorized representatives pursuant to this provision by sending the City Manager a written list contalning the names of authorized Union representatives. The Unlon reserves the right to change said written deslgnatlons from tlme to time by submitting written amendments to the City Manager showing other authorized representatives. The Union shall have the rlght to select and designate employee members who shall be Shop Stewards who may attend scheduled meetings with the City Manager or h~s - 44 - . . designated representative on subjects within the scope of representation during working hours, except that no more than the number of employees authorized by Ordinance NO. 801 (CCS) shall be compensated for such time. The selection of such shop stewards and their attendance at meetings during thelr regular work hours shall be subject to the following: A. No Shop Steward shall leave his duty or work station or assignment without specific approval of an authorized department management official. B. In scheduling meetings due cons~deration shall be g~ven to the operating needs and work schedules of the department in which the Shop Steward is employed. c. Shop Stewards or alternate stewards of the Union once selected and named to attend meetings, shall not be substituted except with written approval of the City Manager or authorized City management official. D. One shop steward may attend any disciplinary meeting involving a member, provided that said member requests his/her attendance and he/she informs his/her supervisor in advance. The shop steward shall be allowed this privilege without loss of pay and regardless of whether a SEIU labor official is also present. E. Meetings may be scheduled before and after regular duty or work hours and the City shall not be obllgated to pay any employee for attendlng meetings held outside the employee's normal working hours. F. The Union shall have the right to select and designate one Chief Shop Steward from amongst the permissible number of shop stewards. Employees and Shop Stewards shall have the right to contact the Chief Shop Steward and may meet to discuss specific grievances or other specific quest~ons involving this Agreement, in accordance with Sections A and B above. Duly authorized representatives of the Union and Union Stewards designated under this provision shall adhere to all City rules of conduct, safety and/or security. G. It is agreed that neither the Union nor the City shall discriminate against any employee because of Un~on membership or non-membership. The City agrees to establish a total aggregate bank not to exceed eighty (80) hours annually to be used by Shop - 45 - . . Stewards for the purpose of conducting union business. All absences for union business must be approved in advance by the appointing authority, or deslgnee. All such absences must be requested per the appropriate written form supplied by the Personnel Department. All such time off shall be reported by the Shop Steward (s) receiving the t~me off to the Personnel Director for accounting purposes. 6.05 Organization Business Affairs Business affairs of the recognized employee organization shall not be conducted by employees during their duty hours except by special permission of the City Manager in instances involving the mutual benefit of the organization and the City. The organization may meet in a City facility when such facilities are available and such use has been approved by the City Manager or an authorized departmental management official. Such meetings shall be limlted to one per calendar quarter. City authorization shall not unreasonably be withheld. 6.06 Bulletin Board Literature Distribution A reasonable number of bulletin boards will be agreed upon, on which the recognized employee organization may post only notices of recreational and social affairs, notices of meetings or health and welfare matters, or elections and appointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City work stations or premises is prohibited without the prior written permission of the City Manager or an authorized departmental management official. 6.07 Grievance and ComDlaint Policy A grievance is a complaint by one or more employees concerning the appllcation or lnterpretatlon of the MOU, ordinances. resolutions, policies, practices or procedures affecting the employee's wages, hours and/or working conditions, provided, however, that grievances regarding disciplinary actlons must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions and removals shall be subJect to the procedures outlined in Section 2.04.750 (Grievances Involving Removals, Demotions, or Suspensions) et seq. of the Santa Monica Municipal Code, and that complaints regarding Performance Evaluations shall be subject to the - 46 - . . procedures contained in Section 2.04.480 (Efficiency Ratings) of the Municipal Code. Step 1. The aggrieved employee (s) shall meet with the immediate supervisor regarding the grievance. This meeting shall occur within twenty-one (21) days of the event giving rise to the grievance. This meetlng shall be informal, wlth the intent of the meeting to resolve the grievance of the employee(s) prior to it becoming a formal written grievance. Step 2. If the grievance is not resolved at Step 1, the aggrleved employee(s) may submit their grievance to the appropriate division head. The grlevance must be in writ~ng, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subJect of the grievance and the circumstances giving rise to the grievance and must be submitted within seven (7) days following the informal discussion with the supervisor (Step 1). The division head shall respond to the aggrieved employee(s) in writing within seven (7) days of receiving the written grievance from the employee(s) . Step 3. If the grievance is not resolved at Step 2, the aggrieved employee(s} may, within seven (7) days of receiving the division head's response, appeal to the department head. The department head shall, within seven (7) days of receiving the grievance, meet with the employee (s) and the employee's representative to attempt to resolve the grievance. The department head shall provlde a written response to the aggrieved employee(s} within seven (7) days of that meeting. Step 4. If the grievance is not resolved at Step 3, the employee may, within seven (7) days of receiving the department head's response, appeal to the Personnel Director, who will ~nvestigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth (30th) day following presentation of the grievance to the Personnel Director. It is mutually understood and agreed that: - 47 - . . A. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. B. A gr~evance shall be considered untimely if not presented by the employee or the Union wlthin twenty-one (21) days of the incident giving rise to the grievance or within twenty-one (21) days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. C. Failure on the part of the aggrieved employee(s) to meet the time requirements specified at any step in the grievance procedure contained herein shall result in the immediate denial of the grievance with no further right of appeal. D. Employees shall have the right to be represented in grievance matters in the following manner' 1. Employees shall have the right to represent themselves individually ~n grievance matters. 2. Employees may designate a member of the department to represent them in grievance matters at Steps 1 and 2 of the grievance process. 3. Employees may designate a member of the Department, a Union representative, or a legal representative to represent them in Steps 3 and 4 of the procedure. 4. For the purposes of th~s section, "days", except where otherwise specif~ed, shall mean calendar days. D. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. 6.08 Annual Meetings For the purpose of keeping open lines of communications, the City's representatives will meet with the Union Shop Stewards once per year. ThlS meeting wlll be held to discuss items of mutual concern and information and shall not be used to meet and confer over additional benefits or changes to this MOU. - 48 - . . 6.09. Joint Labor-Management Committee A joint labor-management committee shall be established for the purpose of discussing employer-employee relations issues that should arise during the term of this Agreement. This committee will not discuss mandatory subjects of bargaining and will not make changes to this Agreement. Instead, this committee will attempt to resolve any labor-management problems and/or issues that should arise during the term of this Agreement. The joint labor-management commlttee shall be comprised of the number of representatives allowed SEIU under Ordinance 801 and not more than three (3) representatives from the City's Personnel Department. City representatives from other departments may be asked to attend on an ad hoc basis should issues arise that need their expertise and/or attention. The Personnel Dlrector, or his/her designee, shall serve as the Chairperson of the committee. This committee shall meet not less than one (1) time per quarter during the City's fiscal year, with each meeting belng held during the first month of each quarter. Meetlngs can be held more frequently on an as-needed bas~s. Special meetings will be called by the committee Chairperson. SEIU representatives can request special meetings by contacting the Chairperson, who will make a determination as to whether or not a special meeting is warranted. - 49 - . . IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of Understanding to be executed this 13th day of April , 1994. SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO, LOCAL 347 ~/&d J~P' vS IU - ROBEkT HUNT /'7 / .-A CITY MANAGER /' .. ; / .Ah..-.. ~ -> _ WAYNE CUMMINGS - -- ,111L Q~~ CDS DELSlfi /tWill-, Il))b/J{) [JIif:.lGAR7JA ~.. L?: ~~ R.OBERT HANNA cy~j}~';;iJJJ~ DZ:;!.t MILL IP-fI "7/, WI ~~ - DAVID WIL~~ APPROVED AS TO FORM: ~~~. iLu,.JL~ MARSHA JON~ MOUTRIE CITY ATTOR Y - 50 - . . EXHIBIT A CLASSIFICATIONS Employees occupying line-item positions with the following classiflcation titles are covered by the provisions of this MOU. Airport Attendant I Mechanic Airport Attendant II Mechanic Assistant Animal Control Technlcian Meter Reader Asphalt Crew Leader Motor Coach Cleaner Motor Sweeper Operator Carpenter Painter Carpenter Apprentice Painter Apprentice Carpentry Crew Leader painting Crew Leader Concrete Crew Leader Parking Lot Attendant Concrete Finisher Parking Meter Collector Custodian I Parking Meter Repairer Custodian II Pipefitter Plumber Electrician Plumber Helper Electrician Helper Plumbing Crew Leader Equipment Operator I Equipment Operator II Equ~pment Operator III Event Attendant Radio Technician Event Attendant III Recycling Crew Leader Groundskeeper Sanitatlon Collector Sanitation Truck Driver Heavy Equlpment Operator Senior Groundskeeper Heavy Truck Driver Senior Parking Meter Collector Irrigation Technlcian Senior Tree Trlmmer Sign Painter Laborer I Storekeeper Laborer II Lead Haz-Mat Technician Traffic Painter Library Building Technician Transportation Mechanic Transportation Mechanic Assistant Tree Trimmer Wastewater Crew Leader Water Leader Water Meter Repairer Welder Fabricator - 5l - e . EXHIBIT B AGENCY SHOP At such time as SEIU demonstrates that they have a 70% membersh~p (based on the number of dues paying members in comparison to the number of all filled SEIU positions), the City agrees to grant SEIU an Agency Shop provislon, except that such provision shall not become effective earller than the first of the month following a thirty (30) day period subsequent to ratification of this MOU by both parties. Said Agency Shop provision shall be subject to the following terms and conditions: (I) An employee working in a classification covered by this MOU shall, within th~rty (30) calendar days after the effective date of the granting of an Agency Shop provision and, in the case of a newly hired employee, w~thin thirty (30) calendar days of his/her employment, execute a payroll deduction authorization form as furnished by SEIU, and thereby either 1) become and remain a member in good standing in SEIU; or 2) pay to SEIU a monthly service representation fee in an amount not to exceed the standard initiation fee, periodic dues and general assessments of SEIU during the term of this MOU. (2) In the case of an employee who certifies he/she is a member of a bona fide religion, body or sect which has historically held consclentious objections to joining or financially supporting public employee organizatlons, such employee shall execute a payroll deduction authorization form as furnished by SEIU, and thereby pay sums equal to the monthly service representation fee to a non-religious, non-labor charitable fund, chosen by the employee from a list of at least three such funds which are exempt from taxation under Section 501(c) (3) of the Internal Revenue Code. The list of funds shall be provided by the City, and shall be made up of funds for which the Clty offers payroll deductions. (3) The City and SEIU shall jointly notify all members of this unit that they are required to pay dues or a service representation fee as a condition of this Section and that such amounts shall be automatically deducted from their paychecks. The rellgious exempt~on and the employees' rights under Government Code Section 3502.5 (Meyers-Milias-Brown Act, as amended) shall also be explalned. The cost of this communicatlon and the responsibility for its distribution shall be borne by SEIU. - 52 - . . (4) It is agreed that the City assumes no obligations to, in any manner, enforce the provisions of the above paragraphs beyond implementing any valid payroll deduction authorizations submitted by unit employees authorizing the deduction of service fees or other authorized payments to SErU, or amounts in lieu of service fees to specified authorized charities. Enforcement of the payments that unit employees are obligated to make under the above paragraphs shall be within the discretion and the sole responsibility of SEIU by way of civil court action against such allegedly non-complying unit employee. (5) SEIU shall, within sixty (60) days after the end of its fiscal year in which the Agency Shop provision was operative, provide the City with detailed financial documentation, which shall meet the requirements of Government Code, Section 3502.5(d) . (6) It is recognized that SEIU, as the exclusive representative of all unit employees, is required to represent all unit employees fairly and equally without regard to union membership or non-membership or their assertion of r~ghts under this MOU or the law. (7) Upon request by SEIU, the City shall furnish SEIU with the name and date of hire of all newly hired employees subject to this MOU, along with verification of transmittals to any charitable organizations. - 53 - - . . e RESOLUTION NO. 8743 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE NONDISPOSAL FACILITY ELEMENT WHICH DESCRIBES THE SOLID WASTE FACILITIES AND PROGRAMS WHICH WILL IMPLEMENT THE STATE'S DIVERSION GOAL AND FULFILL AB 3001 REPORTING REQUIREMENTS WHEREAS, the Santa Monica City Council adopted the Source Reduction and Recycling Element (SRRE) on August 4, 1992 in response to legislation declared in AB-939, the Solid Waste Management Act of 1989, and WHEREAS, in 1992 the State Legislature passed AB-3001 which amends this Act to require Cities and counties to prepare a NonDisposal Facility Element (NDFE) which requires identification of all solid waste processing facilities other than landfills and refuse incineration facilities within a specific jurisdiction, and WHEREAS, a public hearing was held on April 12, 1994, on the Nondisposal Facility Element (NDFE), at which time public testimony was invited and received, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: section 1. The City Council of the City of Santa Monica does . . hereby adopt the Nondisposal Facility Element. section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ City Attorney , ~, . . Adopted and approved tIns 12th day of April, 1994. ~ ~,{ Mayor I hereby certify that the foregomg ResolutIon No. 8743 (CCS) was duly adopted at a meeting of the City Council held on the 12th day of April, 1994 by the following vote: Ayes' Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: CouncIlmembers: None Abstam: Counctlmembers. None Absent: Councilmembers: None ATTEST. ~rU/~ ~ -City Cler)t:. . . CA:f:\atty\muni\laws\mtt\aspen.res city council Meeting 4/19/94 Santa Monica, California RESOLUTION NO. 8744 (CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE DEVELOPMENT AND IMPLEMENTATION OF REGIONAL ENERGY EFFICIENCY INITIATIVES AND APPROVING THE "ASPEN ACCORD" WHEREAS, the cities of Irvine, Gothenberg, Nacka, and Santa Honica are involved with implementing Energy Efficiency Initiatives as an integral part of their respective long-range planning; and, WHEREAS, the cities recognize the need to encourage the efficient use of energy resources in order to reduce the cost of government and provide better service at a lower cost to their customers, the citizens; and, WHEREAS, the cities realize that establishment of an Energy Efficiency Initiative as a permanent part of their long term policies will be more environmentally sensitive and provide for more optimal use of energy; and, WHEREAS, regional Energy Efficiency Initiatives will focus on providing new and efficient energy services through the creative development of new types of local infra-structure; 1 . . NOW, THEREFORE BE IT RESOLVED that the City of Santa Monica enter into: THE ASPEN ACCORD The efficient use of energy is vital to the long term prosperity of our communities,our respective nations and the world. In order to assure that energy efficiency is integrated into our energy future, and to set an example for others, we agree to form this covenant dedicated to the creation of Regional Energy Efficiency Initiatives. The City pledges support and encouragement in the development, implementation, and promotion of the Regional Energy Efficiency Initiatives that they have embarked upon; and, BE IT FURTHER RESOLVED that the Regional Energy Efficiency Initiatives embarked upon by the cities and their respective utilities will set an example for other cities, regions, and states in structuring local energy solutions to global energy problems. NOW THEREFORE, the Mayor of Santa Monica does hereby resolve to affix her signature to the Aspen Accord in representation of the city's covenant to initiate regional energy efficiency initiatives. 2 . . The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: -~~~~~ MARSHA JO~ S MOUTRIE City Atto ey 3 - . . . Adopted and approved tIns 19th day of April, 1994. Q iSA" IV Mayor I hereby certify that the foregoing Resolutlon No. 8744 (CCS) was duly adopted at a meeting of the City Council held on the 19th day of April, 1994 by the followmg vote: Ayes: Councllmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Noes: Councilmembers None Abstalll: Councilmembers: None Absent: CouncIlmembers: V izquez ATTEST: ~/4~ City Clerk - . . . CA: F:ATTY\MUNI\LAWS\JL\QUAKE. RES City Council Meeting 4-19-94 Santa Monica, California RESOLUTION NUMBER8745 (CCS) CITY COUNCIL SERIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; WHEREAS, on January 17, 1994, as a result of the earthquake the City'S Director of Emergency Services issued a declaration of local emergency; WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the city of Santa Monica. NOW, THEREFORE, the City council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the city of Santa Monica. SECTION 2. The City council directs the Director of Emergency Services or his or her designee to take such actions as 1 - , . . are appropriate to the fullest extent provided by federal, state and local law, to protect the public health, welfare, safety and property of the residents of the city of Santa Monica. SECTION 3. The city council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the City of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for public works and other city projects. SECTION 4. A copy of this Resolution shall be forwarded to the state Director of the Office of Emergency Services with a request that he or she find it acceptable. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: /' ~ ""'- I ,'; \ ~ r - f ,~~~CfNL6 ~: MARS~ JONES M UTIE city Attorney 2 . It Adopted and approved tlus 26th day of April, 1994 rr.~ I hereby certify that the foregoing Resolution No 8745 (CCS) was duly adopted at a meeting of the City Council held on the 26th day of Apnl. 1994 by the following vote: Ayes' Councilmembers. Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenste~n, Vazquez Noes: Councilmembers: None Abstain Councilmembers. None Absent: Councilmembers: None ATTEST' ~k/ Kssistant Cittclerk . . RESOLUTION NO. 8746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FIr'mING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATIO~ REPORT, IN ACCORDA.:.'OCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, the Los Angeles County MetropolItan TransportatIon Authonty ("MTA") actmg as the Congestwn Management Agency for Los Angeles County, adopted the CongestIOn Management Program on November 17, 1993; and WHEREAS, the adopted CMP reqUIres that MT A annually determme that the County and CItIes withm the County are conformmg to all CMP reqmrements, and WHEREAS, the adopted CMP reqUIres submIttal to the MT A of thIS CMP local ImplementatIOn report by May I, 1994, and WHEREAS, the City Councd held a notIced publIc heanng on Apnl 26, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS 1 . . SECTION 1 A. That the CIty has taken all of the followmg actIons, and that the CIty IS In conformance wlth all apphcable requirements of the 1993 CMP. B The CIty has locally adopted and contmues to Implement a transportatiOn demand management ordinance, consIstent wIth the mInImum reqUIrements Idenllfied In the CMP Transportation Demand Management Chapter C. The CIty has locally adopted and contznues to Implement a land use analysIs program, consIstent WIth the mmImum reqUirements Identified m the CMP Land Use AnalysIs Program Chapter. D That by November 1, 1994, the CIty WIll forward to the Los Angeles County MetropolItan TransportatIon Authonty aIlst of reglOnal transportatlOn Improvements Implemented by the CIty since January 1, 1990, as the baSIS for establIshmg credIts. conSIstent WIth the reqUirements IdentIfied m the CMP CountywIde DefiCIency Plan Chapter E That as of June I, 1994, the CIty WIll begm trackIng new development actIVIty, conSIstent WIth the reqUirements Identlfied In the CMP ThIS mformatIOn WIll be annually tabulated, as the baSIS for estabhshmg the CIty'S mltIgatlon responslblhty under the CountywIde DefiCIency Plan. 2 . . SECTION 2. That the CIty Clerk shall certify to the adoption of this Resolution, forward a copy of thiS Resolution to the Los Angeles County Metropolitan TransportatlOn AuthorIty. and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: )Va J5~ iAiUA /11 JU..~ v U- ... MARSHA JONES MOUTRIE City Attorney f' \ppd\share \reso\cmpcert . 3 . . Adopted and approved this 26th day of Apnl, 1994. ~o~ I hereby certIfy that the foregomg ResolutIon No. 8746 (CCS) was duly adopted at a meetmg of the City Council held on the 26th day of April. 1994 by the followmg vote: Ayes: Councilmembers' Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes. CouDCllmembers None Abstain . Councllmembers: None Absent Councilmembers None ATTEST. ,,6L1L~~ !. "1 . . PROOF OF PUBL1'CA liON This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) - G 4~d--~-[Y STATE OF CALIFORNIA, ~ County of Los Angeles, I am a citizen of the Unrted States and a resident of the County aforesaid; I am over the age of eIghteen years. and not a party to Proof of Publ.cat,on of or Interested In the above-entitled matter I am the pnnclpal clerk of the prmter of the ............... .......................................... .. .. .. .. .. .. .. .. .. .. . .. ... .. .. .. .. .. .. .. ~ .. .. .. .. .. .. . ... .. .. .. .. .. .. .. .. .. .. .. . .... ....... '"'' ....... ...... r.~~ .Q~:r~gg~.................. a newspaper of general circulation. printed and published .l).~.I,ItX. ~?'.v.t:.I?J: .~.QffJ?~X. in the City of .~A~XJ\..f>mmQ^....... .... County of Los Angeles, and which newspaper has been adludged a newspaper of general CirculatIon by the Superior Court of the County of Los Angeles, State of California, under the date of}~,,!.. .~6 19 .~~.. Case Number.. ;UHl.!! .....; that the notice, of which the annexed IS a printed copy (set In type not smaller than nonpareil), has been published In each r~ular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to.Wlt .4\PRlL 12TH ............................................. ......... all In the year 19. ?:".. I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at...~A.1f.T~.~.1.9.~~.I!:~.......... ...... 12TI1 APR. 94 ~~~:~~~~~~.:~.;..... r., Signature Fre. CDlllles of ''hll blink form rnlv b.l.cur4td fram CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal AdvertiSing Clearmg House POBox 3 1 Los Angeles CA 90053 Telephone 625.2541 Pleol"Se reQun' GENER:AL P'roof of PUlJllCUlon Pd......... 1 ....~ .~ whe-n ordf!onng n\ls fOrm A 1oP-c'~ your ~ _ _ ~~~: _. """'~t~....,...~.~.- ~ - ~' ...--.'- ~ .,--""-~ , I_c__~ .~r-._~HA._""~~~l 11 ...~......-~--- . . '~.. 1- . A . . . - RESOLUTION NO. 8747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER 5B 821 AND PLACING THE FUNDS ON RESERVE UNTIL ADOPTION OF THE CITY'S BICYCLE MASTER PLAN WHEREAS, 5B 821 prov~des that 2% of each county's total local transportation fund be set aside annually and used to fund the development of bicycle and pedestrlan facilities; and WHEREAS, the c~ty of Santa Monlca ~s eligible to rece~ve $32,243 of the total monies available for FY 1992-1993; and WHEREAS, the city of Santa Monica deslres to use the funds available under SB821 to implement the city's Bicycle Master Plan after adoption by the Clty Council or make other eliglble improvements, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1- The c~ty of Santa Mon~ca agrees to designate bicycle routes within the Clty ln conformance wlth SB821 and shall comply with the speclfications of Caltran's Planning and Design Criteria for Bicycle Facilities in California and the Regional Transportation Plan ~n the construct~on of these bicycle routes. 1 <.- . . . . SECTION 2. The city Manager, or his or her designee, is authorized to act on the City's behalf and to apply for, and place on reserve with the Los Angeles county Metropolitan Transportation Authority, funds pursuant to S8 821. SECTION 3. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~~ MARSHA JONES M TRIE City Attorney 2 ... , . . Adopted and approved this 26th day of AprIl, 1994 MGi ~//b I hereby certlfy that the foregomg Resolution No 8747 (CCS) was duly adopted at a meeting of the Clty CouncIl held on the 26th day of April, 1994 by the following vote: Ayes: Councilmembers. Abdo, Genser, Greenberg, Holbrook, Olsen, Rosensteln, Vazquez Noes: CouncIlmembers. None Abstain: Councllmembers: None Absent: Councilmembers: None ATTEST: h~ , - Assi'Stant City Cl~ ~ ,.... . - CA:F:ATTY\MUNI\LAWS\JL\QUAKE.RES City council Meeting 5-10-94 Santa Monica, California RESOLUTION NUMBER 8748(CCS) (city council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS I on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City/s Director of Emergency Services issued a declaration of local emergency; and WHEREAS I on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the City of Santa Monica, NOW, THEREFORE I the city Council of the city of Santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the City of Santa Monica. 1 - . Adopted and approved this 10th day of May, 1994 /2 J~ ,/l/ Mayor I hereby certify that the foregoing ResolutIon No. 8748 (CCS) was duly adopted at a meetmg of the City Council held on the 10th day of May, 1994 by the followmg vote: Ayes: Councihnembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,. Vazquez Noes: Councilmembers: None Abstain: Councilmembers None Absent: Counclhnembers: None ATTEST: /~ fM~ - City. Cletk . . RESOLUTION NUMBER~ (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 12, 1994, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR THE CONSTRUCTION OF CONCRETE GUTTERS, STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIRS AND THE REMOVAL OF PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK ON VARIOUS CITY STREETS IN CONJUNCTION WITH THE FY 1992-93 STREET RESURFACING PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Superintendent of Streets w1ll file a report of work pursuant to Section 5882 of the Streets and Highways Code of the State of California, relating to the construction of certa~n improvements completed on: STREETS RESURFACED AND GUTTER CONSTRUCTED (Commercial and Industrial properties Assessed Only) ON: Street Limits 1- Chelsea Avenue - Santa Monica Blvd. to Wilshire Blvd. 2. Stanford Street - Santa Monica Blvd. to Wilshire Blvd. 3. lOth street - pico Boulevard to Michigan Avenue 4. 10th Street - Olympic Boulevard to 500 ft. North 5. 9th street - Olympic Boulevard to 465 ft. North 6. 7th street - San Vicente Boulevard to North City Limit 7. 6th Street - Broadway to Arizona Avenue SIDEWALKS, DRIVEWAYS AND CURBS REPAIRED, AND PARKWAY PAVEMENT REMOVED (Commercial, Industrial and Residential Properties Assessed) ON: Street Limlts 1. Chelsea Avenue - Santa Monica Blvd. to Wilshire Blvd. 2. Stanford Street - Santa Monlca Blvd. to Wilshire Blvd. 3. 10th Street - pico Boulevard to Michigan Avenue 4. 10th street - Olympic Boulevard to 500 ft North 5. 9th Street - olympic Boulevard to 465 ft. North 6. 7th Street - San Vicente Boulevard to North city Llmit 7. 6th Street - Broadway to Arizona Avenue 6 . . SECTION 2. Pursuant to Section 5870 et seg. of said Code, the city Council does hereby order and declare that on the 12th day of July, 1994 at 6:30 p.m., in the City Council Chambers of City Hall, 1685 Main street, Santa Mon1ca, California 90401, it will hear and pass upon the report by the superintendent of Streets, of the cost of improvements together with any obJections or protests, if any, which may be raised by any property owner subject to an assessment for the cost of such improvements and by any other interested persons. SECTION 3. All protests or objections must be in wr~ting and filed with the City Clerk on or before the t~me set for the hearlng of the protests and objections. SECTION 4. The city Clerk is hereby directed to mail notices, pursuant to Government Code section 54954.9, in the manner and form prescribed by law, of the cost of improvement and of the adoptlon of this Resolution to all persons owning commercial, industrial, or residential real property in the herelnbefore described assessment district whose names and addresses appear on the last equalized assessment roll for the City taxes or as known to the city Clerk. SECTION 5. The city Clerk is directed to publish this ReSOlution, in accordance w~th Government Code Section 6066, in The Outlook once a week for two weeks with at least five days intervening between the first date and the second date of 7 . ~ publication. The first publication is to be made not less than 45 days prior to the date of the above public hearing. SECTION 6. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: - --- ~' ; ," ; r C /ittu ~~ '1--'(fk~<-/ MARSHA JONES ~UTRIE CITY ATTORNEY 8 . . Adopted and approved this 10th day of May, 1994 (] iR~ /V ~Mayor I hereby certify that the foregoing Resolution No. 8749 (CCS) was duly adopted at a meeting of the City Council held on the 10th day of May. 1994 by the following vote. Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes Councilmembers : None Abstam. Councl1members: None Absent: COUDCllmembers. None ATTEST A~E,(J ~ - City ler~ ( .. PROOF OF PU8LtA TION This space is for th!unty Clerk's Filing Stamp "'15.' C.t. P.) 5 ( (O lor l) (j)-F STATE OF CALIFORNIA. County of Los Angeles, I am a citIzen of the United States and a resident of the County aforesaid; I am over the age of elghf~n years, and not a party to Proof of Publ ication of or Interested In the above-entitled matter I am the principal clerk of the printer of the ...... .................................................. .. .. .. .. .. . .. .. .. . 4 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. . .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. ~ .. . . .. !. .. .. __ .. .. .. ; .. .. .. " .. .. .. .... t.~.. -_ ~_~. .. ~I~ .. .I._~" .... .. .. ........ .. .. '~';;;';;;;';;;~~~,~;~i~;,~;:';~;;;-"; ~.... ~.~'..'."'.~... '.~.: and published .:P.~.I,I..X.J<;~~~..IT.~.Q~.QA-X. . ',. 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I certify (or declare) under penalty of-" '. perlury that the foregOing IS true and .. .' ..'. '.~.. '. to., .. correct'. ~. Dated at SANTA JlfONICA .: 7tIa ~,:,- . . '. . '~-":~-{"i( u. . ..................................H..... NorIIlc:u,LImlt .. . . 26 MAY ,. .....""1IIwiIdway to ~ 4_ California, this..... ~..day of..:....., 19 .?~.. ~EWALKS. DRIVEWAYS AND' .....g~y::-~ ~~~!. Signature _ON7"'~- es..... StIiM. IJmi1II Fro. <op... 01 I"" blink I.rm mlY b. ,"cured Irom L ~ A'feDUe - SaIlta Mmda m9ll CALIFORN'A NEW,PAPER 'ERV,CE .___ BUREAU, INC. III; '" ."0 ~.....~ Legal AdvertISing Clearing House . ". ;.:~" '~~".~~.:' F' 0 Bo)( 31 . , " , . ,", '0 ...~ Los Angeles CA 90053 Telephone 625.2541 5 9tb Street. OJ pic Boulevard to_ Ple,ne rll!!ques.' GE N ERAL Pl"oof of PUbllcat,on ~ l~. ~ ..,._-;~~~_~_..;... ~--'--'!--~ w"iI!n orelerl"; 1hls form _..u 1L::.._ .-.:~-...... - ;;...--.-.-----=--.I :.:;-. Noiift ty LImlT~ .,....... -. 7 6tlI su.t. 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", CA:f:\atty\muni\laws\mtt\shelter.res City council Meeting 5-10/94 Santa Monica, California RESOLUTION NO.8750 (CCS) (city Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO FOREGO STANDARD BIDDING PROCEDURES FOR CONSTRUCTION OF A SHELTER ON PUBLIC PROPERTY WHEREAS, individuals without shelter currently reside in public parks of this City; and WHEREAS, the City Council has expressed its intent to close the public parks each day from 12:00 A.M. to 5:00 A.M.; and WHEREAS, the City Council seeks to expeditiously address the provision of necessary shelter to individuals currently residing in public parks and to address health and safety concerns attendant upon persons living without shelter; and WHEREAS, this urgent need to commence the process for construction of the shelter and address the attendant health and safety issues would be jeopardized by adhering to the normal bidding procedures; and WHEREAS, santa Monica Municipal Code Sections 2.24.071(4) , 2.24.073(4) and 2.24.100 provide for waiver of the standard bidding requirements when necessary to address concerns such as those set forth above, 1 - .. - - . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. In accordance with Santa Monica Municipal Code section 2.24.071(4) (c), the City Manager is authorized to negotiate and execute contracts for the construction of a shelter on public property. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~J:;;~-tW RSHA JONE MOUTRIE City Attorney 2 . . . Adopted and approved tlus 10th day of May, 1994 ~ J/0 /~ Mayor I hereby certify that the foregomg Resoluhon No 8750 (CCS) was duly adopted at a meeting of the City Council held on the 10th day of May, 1994 by the followmg vote Ayes Councilmembers Abdo, Genser, Olsen, Rosenstein, Vazquez Noes Councilmembers' None Abstain' Councllmembers None Absent Councilmembers Greenberg, Holbrook ATTEST: ~elJ~ ~ City lerK . . . RESOLUTION NO. 8751 (Ccs) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED SANTA MONICA EARTHQUAKE RECOVERY REDEVEWPMENT PLAN AND AUTHORIZING PUBLICATION OF NOTICE OF JOINT PUBLIC HEARING WHEREAS, the Commumty Redevelopment Financial Assistance and Disaster Project Law (Health and Safety Code SecMn 34013(t)) authorizes a joint publIc heanng on the proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project With the consent of the Agency and the City CouncIl; and WHEREAS, the Redevelopment Agency of the City of Santa MOnica, by resolution, consented to a joint public heanng on the proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project, and requested that the City Council consent to a jomt public hearing on saId Redevelopment Plan and establIsh a date, time and place for such Jomt pubhc heanng. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AS FOLLOWS: Section 1. The City CouncIl hereby consents to ajomt publIc hearing on the proposed Redevelopment Plan for the Santa Momca Earthquake Recovery Redevelopment Project, and hereby authorizes the Clerk of the City of Santa Momca to establish a date, time and place for such Jomt publIc heanng. SectiOn 2. The City Clerk shall, In cooperanon With the ExecutlVe Director of the Agency, publIsh nonce of SaId Jomt public hearing at the time and m the manner reqUired and establ1shed by law. SectIon 3 The City Clerk shall certIfy to the adoptIon of thiS ResolutIon. APPROVED AS TO FORM: /W f: \ppd\share\resos\redvccJ h . . . . ~ Adopted and approved this 24th day of May, 1994 7-,MA Mayor I hereby certIfy that the foregoing Resolullon No. 8751 (CCS) was duly adopted at a meeting of the City Council held on the 24th day of May, 1994 by the followmg vote: Ayes: Councilmembers. Abdo, Genser, Greenberg, Olsen, Rosenstem, Vazquez Noes Councilmembers: None Abstain' Councilmembers . None Absent' Councilmembers: Holbrook ATTEST AJ?g[l~ ~ . City CleJik . . CA:F:ATTY\MUNI\LAWS\JL\QUAKE.RES city council Meeting 5-24-94 Santa Monica, California RESOLUTION NUMBER B752(CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the city of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City's Director of Emergency Services issued a declaration of local emergency; and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the city of Santa Monica, NOW, THEREFORE, the City Council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the City of Santa Monica. 1 . . SECTION 2. The city council directs the Director of Emergency Services or his or her designee to take such actions as are appropriate to the fullest extent provided by federal, state and local law, to protect the public health, welfare, safety and property of the residents of the city of Santa Monica. SECTION 3. The City Council further authorizes the Director of Emergency services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or serv~ces to the City of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limi ted to shortening all required notice periods, or waive competitive bidding procedures for pUblic works and other City projects. SECTION 4. A copy of this Resolution shall be forwarded to the state Director of the Office of Emergency Services with a request that he or she find it acceptable. 2 - , . . SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~1Lu--~'-<<J~~ MARSHA JoNts MOUTRIE City Attorney 3 . . Adopted and approved this 24th day of May, 1994. 9(M~t I hereby certIfy that the foregomg ResolutIOn No 8752 (CCS) was duly adopted at a meeting of the CIty CouncIl held on the 24th day of May, 1994 by the followmg vote. Ayes Councllmembers: Abdo, Genser, Greenberg, Olsen, Rosenstem. Vazquez Noes: Councilmembers: None Abstain Councllmembers . None Absent Councllmembers: Holbrook ATTEST ~~~~ ------- City Clerk!' . . . . . RESOLUTION NO. B753 (ces) (City Councl1 Serles} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE NEW CLASSIFICATIONS OF AIRPORT NOISE/OPERATIONS COORDINATOR AND EVENT COORDINATOR THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION l. The followl.ng monthly salary level is hereby establl.shed for the l.ndlcated permanent classl.ficatlons effective July 1, 1993 : AIRPORT NOISE/OPERATIONS $3,246/Month E-Step COORDINATOR ($3,473/Month wlth PERS) EVENT COORDINATOR $2,832/Month E-Step ($3,030/Month wl.th PERS) SECTION 2. The C~ty Clerk shall certlfy to the adoptlon of this Resolutlon, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM: ~. '< r~~~~~ Marsha Jones! outrie City Attorney ~ . . . . . Adopted and approved this 24th day of May, 1994 (] V:tL r Mayor I hereby certIfy that the foregoing Resolution No 8753 (CCS) was duly adopted at a meeting of the CIty Council held on the 24th day of May, 1994 by the followmg vote: Ayes' Councilmembers: Abdo, Genser, Greenberg, Olsen, Rosenstem, Vazquez Noes Councilmembers: None Abstain: Councilmembers None Absent Councilmembers: Holbrook ATTEST: ,~C~~. ~ ;:)~ ------ . City Clerk( . . RESOLUTION NO. 8754 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 26, 1994, FOR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR STREETLIGHT INSTALLATION AND REPLACEMENT OF DETERIORATED STREETLIGHTS ON VARIOUS CITY STREETS WHEREAS, the City of Santa Monica 1S a charter C1ty of the State of Cal~fornia, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Superintendent of Streets will file a report of work pursuant to Section 5882 of the Streets and H1ghways Code of the State of California, relating the lnstallation of h~gh pressure sodium streetlight systems completed on: 6TH STREET - from Santa Mon~ca Blvd. to Arizona Avenue; 24TH STREET - from W~lshire Blvd. to Arizona Avenue; ARIZONA AVENUE - from Franklin Street to Centinela Avenue; CALIFORNIA AVENUE - from 25th St. to 26th St.; 30TH STREET - from Pearl Street to Ocean Park Boulevard; YALE STREET - from Wilshlre Boulevard to Washington Avenue; and the replacement of deteriorated streetlights on: SAN VICENTE BLVD. - from 4th Street to 7th Street, all with the City of Santa Monica. SECTION 2. Pursuant to Sect~on 5870, et seq. of said Code, the C~ty Council does hereby order and declare that on the 26th day of 7 . . July, 1994, at 6:30 p.m. in the City Council Chambers of the City Hall, 1685 Maln Street, Santa Monica, Callfornia 90401, will hear and pass upon the report by the superintendent of Streets, of the cost of improvements together with any objections or protests, if any, which may be ralsed by any property owner liable to be assessed for the cost of such lmprovement and any other interested persons. SECTION 3, All protests or objections must be ~n writing and filed with the City Clerk on or before the t1me set for hearing of protests and obJectlons. SECTION 4. The City Clerk hereby is directed to mail notices, In the manner and form prescribed by law, of the cost of improvement and of the adoption of this Resolution to all persons owning commercial, industrial, or residential real property in the hereinbefore described assessment dlstrlct, whose names and addresses appear on the last equalized assessment roll for the City taxes or as known to the City Clerk. SECTION 5. The Clty Clerk hereby lS directed to publish thls Resolution, in accordance with Government Code Section 6066, in The Outlook, once a week for two weeks, wlth at least five days intervenlng between the first date and second date of publication. The first publlcation is to be made not less than forty-five (45) days prior to the date of the above publlc hearing. S . . SECTION 6. The C1 ty Clerk shall certify to the adoption of this resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~k4Lu City Attorney 9 . . Adopted and approved this 24th day of May, 1994. ~ay~A I hereby certify that the foregomg Resolution No. 8754 (CCS) was duly adopted at a meeting of the City Council held on the 24th day of May, 1994 by the following vote: Ayes. Councllmembers: Abdo, Genser, Greenberg, Olsen, Rosenstem, Vazquez Noes: Councilmembers: None Abstam: Councilmembers' None Absent. Councilmembers Holbrook ATTEST' /~~L &~ ~ - City Cl?k ( . PROOF OF PU.tA liON This space is for thtounty Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles. I am a citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to Proof of Publication of or Interested In the above-entitled matter I am the princIpal clerk of the printer of the ~ .. .. .. .. .. .. .. .. .. .. .. .. .... ....... ......................................................................... ................................................ .... ............................................................. ............. rl:lJ~!9V1'MmJ<.. ............. ... a newspaper of general circulation. printed and published .I).~I.J..X. ~~Qt:.J;>X .~.llF'H?AX. In the City of .MJ:l.TA.I\KlNJ{:;A............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general Circulation by the Superior Court of the County of Los Angeles, State of California, under the date ot.!~~~.~6 19 .~~., Case Number ...3.H.H.~.....i that the notice, of whIch the annexed IS a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-Wit. JUNE 2ND & 8TH .................................................... all In the year 19.?~.. I certify (or declare) under penalty of perjury that the foregOing IS true and correct Dated at ...~~~T~.!.!.ql!.If!L........,...... ,~~'1lcIa Pearl Street to ,.. 8TH d J JUNE 9 94 , ,,~~8olde- '-al,fo~.......... ayo ........, 1 ..... .......... .. ..v:.~~-~.. varcI co'~ Avtimse;, . ud~~ol~ Signature stnIetIichtI 0It .. - sn Vieelllt ItIt. .....l'ruiJi fth.... 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CA:f:\atty\muni\laws\mtt\genref city Council Meeting 5/24/94 Santa Monica, California RESOLUTION NO. 8755 (CCS) (City council series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO UTILIZE SURPLUSES IN THE GENERAL RELIEF BUDGET TO RESTORE PREVIOUS CUTS TO GENERAL RELIEF BENEFITS WHEREAS, California law makes counties responsible for the support of persons who are not otherwise supported; and WHEREAS, the monthly General Relief benefit in Los Angeles County had been $293.00 before last year's bUdget cuts by Los Angeles County; and WHEREAS, the Board of Supervisors for the County of Los Angeles decreased the monthly General Relief benefit in the current fiscal year to $212.00; and, WHEREAS, the average monthly rent for single room occupancy ("SRO" ) housing is $222.00, which exceeds the current monthly General Relief benefit; and, WHEREAS, continued General Relief benefits which fall below actual housing costs will result in an increase in the population without housing in the City of Santa Monica; and 1 . . . WHEREAS, the proposed Los Angeles County budget for fiscal year 1994-1995 includes a projected surplus in the General Relief budget due to past budget reductions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 1- The city Council of the city of Santa Monica respectfully urges the Board of Supervisors of the County of Los Angeles to utilize the $77 million surplus in the General Relief budget to restore all or part of the previous reductions in the monthly General Relief benefits. 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 71tU"--'-Fh.+u..- MARSHA JONES MOUTRIE City Attorn y 2 . . . Adopted and approved thIs 24th day of May, 1994 q U~ /,zMayor I hereby certIfy that the foregomg ResolutIon 8755 (CCS) was duly adopted at a meetmg of the City Council held on the 24th day of May, 1994 by the followmg vote' Ayes. Counctlmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes. Councilmembers: None Abstam: Councilmembers: None Absent: Councilmembers None ATTEST ~~pfF:2~ ~ City Cler~ . . . CA:F:ATTY\MUNI\LAWS\JL\QUAKE.RES city council Meeting 5-31-94 Santa Monica, california RESOLUTION NUMBER 8756 (CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the city's Director of Emergency Services issued a declaration of local emergency; and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the city of Santa Monica, NOW, THEREFORE, the City Council of the city of santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the City of Santa Monica. SECTION 2. The city council directs the Director of Emergency Services or his or her designee to take such actions as are appropriate to the fullest extent provided by federal, state and ~ , e . local law, to protect the public health, welfare, safety and property of the residents of the City of Santa Monica. SECTION 3. The City Council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the city of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for public works and other city projects. SECTION 4. A copy of this Resolution shall be forwarded to the State Director of the Office of Emergency Services with a request that he or she find it acceptable. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~;,;:J::;:.):~o/1-4 City Attorney ---- . 4 . . . Adopted and approved this 31st day of May, 1994 qi~ I hereby certIfy that the foregoing ResolutIon 8756 (CCS) was duly adopted at a meetIng of the City Counell held on the 31st day of May, 1994 by the followmg vote: Ayes; Couneilmembers. Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes: Couneilmembers: None Abstain: Couneilmembers: None Absent CouncIlmembers None ATTEST ~~fa~ - - City Clerk . . . . '- RESOLUTION NUMBER 8757 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS, STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIRS AND THE REMOVAL OF DAMAGED PARKWAY PAVEMENT AND APPURTENANT WORK ON VARIOUS CITY STREETS, IN CONJUNCTION WITH THE FY 1993-94 STREET RESURFACING PROGRAM WHEREAS, the city Council of the City of Santa Monica on the 22nd day of March, 1994, adopted Resolution No. 8735 (CCS) setting a public hearing; and WHEREAS, written notices and posting of said improvements have been given in the manner required by law; and WHEREAS, any and all written objections and protests to the work of the extent of the district to be assessed will be heard and be considered by the city Council, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The publlC convenience and necessity require the construction of concrete gutters, street resurfacing and repair of damaged sidewalks, driveways, and curbs and the removal of damaged pavement in parkway areas along: - 6 - ... . . street Limits STREETS TO BE RESURFACED AND GUTTER CONSTRUCTED (Commercial and Industrial Properties Assessed Only) ON: street Limits 1. San vicente Blvd. - Ocean Ave. to 7th street 2. Santa Monica Blvd. - Lincoln Blvd. to Ocean Ave. 3. Ocean Park Blvd. - 17th Street to 25th Street 4. 25th street - Pearl st. to Pico Blvd. 5. Colorado Avenue - 4th st. to Lincoln Blvd. 6. pica Blvd. - 14th Street to 20th Street 7. 23rd street - Ocean Park Blvd. to South city Limits 8. Alta Avenue - 22nd street to 26th street 9. 24th street - Montana Avenue to Alta Avenue SIDEWALKS, DRIVEWAYS AND CURBS TO BE REPAIRED, AND PARKWAY PAVEMENT REMOVED (Commercial, Industrial and Residential Properties Assessed) ON: Street Limits 1. San Vicente Blvd. - Ocean Ave. to 7th Street 2. Santa Monica Blvd. - Lincoln Blvd. to Ocean Ave. 3. Ocean Park Blvd. - 17th Street to 25th Street 4. 25th Street - Pearl st. to Pi co Blvd. 5. Colorado Avenue - 4th st. to Lincoln Blvd. 6. pico Blvd. - 14th Street to 20th Street 7. 23rd Street - Ocean Park Boulevard to South City limits 8. Alta Avenue - 22nd Street to 26th Street 9. 24th Street - Montana Avenue to Alta Avenue SECTION 2. All protests and objections of every kind and nature to the proposed work are hereby overruled and denied. SECTION 3. Pursuant to Streets and Highways Code Section 5880, the Street Superintendent is directed to commence the construction of concrete gutters and street resurfacing sixty (60) days after giving notice. Section 5614 calls for the Street Superintendent to repair damaged sidewalks, driveways and curbs two - 7 - . , . . ~- (2) weeks after giving notice and where property owners have not diligently and without interruption prosecuted the repair work to completion. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~S~~ MARSHA JO~S MOUTRIE City Attorney - 8 - '/ . . Adopted and approved tlns 31st day of May, 1994. 9,/J/ /t Mayor I hereby certify that the foregomg Resolutlon 8757 (CCS) was duly adopted at a meetmg of the CIty Councll held on the 31st day of May, 1994 by the followmg vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councllmembers: None Abstam: CouncIlmembers: None Absent. Counctlmembers None ATTEST: ~~P--- . . CCS:SEM:se:memreso Santa Monica, Callfornia Council Meeting: May 24, 1994 RESOLUTION NO 8758 A RESOLUTION OF THE CITY OF SANTA MONICA GOVERNING THE PLACEMENT OF MEMORIALS AND TRIBUTES IN CITY PARKS WHEREAS, the City provides public parks for active recreational use and passive celebration of natural beauty by the general publ~c; and WHEREAS, members of the publlC wish to memorialize friends or relatives at or ~n conjunction with a favorite park or recreational activ1ty; and WHEREAS, the Recreation and Parks Commiss10n has adopted the following policy regarding the placement of memor~als ~n parks, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. To endorse the following policy of the Recreation and Parks Comm1ssion adopted by them on October 21, 1993: POLICY REGARDING THE PLACEMENT OF MEMORIALS AND TRIBUTES IN CITY PARKS City parks are a scarce resource provided for active recreational use and passlve celebration of natural beauty by the general 1 . . e . public. The Recreation and Parks Commission recognizes the des~re of members of the public to memorialize or pay trlbute to deceased friends or relatives at or in conjunction w1th a favorlte park or recreat~onal activity. The Commission belleves that placement of memor~als or tr~butes to pr~vate individuals in City parks must be governed by a policy that preserves a positive experience for the publ~c ~n the park, ensures that all costs of a memorial or tribute are borne by those request1ng it, and provides a net benefit to park users. The following types of memorials are authorized on the following cond~tions, subJect to spec~fic approval which shall be given on a case by case basis consistent with the foregoing pol~cy: 0 For a m1nimum contr1bution of $25 to the City'S tree fund or recreation scholarshlp fund, a memorial certificate may be provided to the fam1ly or friend and the gift may be acknowledged in an annual report kept on f1le at the Santa Monica Public Library. 0 For a donation to the tree fund of the value of an existing tree and the cost of staff time and materials, as determined by the Director of Community and Cultural Services, a small memorial plaque of a un~form des~gn determined by the Director of Community and Cultural Serv~ces and bearing the species name and the name of the individual honored may be placed at the base of the tree. 0 For the cost of acqu1sition and installation, a bench, drinking fountain or other public amenity certified as needed and consistent with park des~gn standards by the Director of Commun~ty 2 ~ . . . and Cultural Services may be donated. An appropr~ate memorial plaque, as determined by the Director of Community and Cultural Services, may be affixed to the donated amenity. 0 Placement of free standing memorials to ind~v~duals in parks w~ll be considered only when the ~ndiv~dual memorialized is of extraordlnary stature and the memorial is exceptional in design. An extended approval process involving appropriate commissions and City Council action will be required. When a park is scheduled for renovation, no plaques or amenities may be placed until park design standards and amenity selections are final1zed. The City w~ll not bear respons~b~l~ty for replacement of lost, stolen or vandalized plaques. SECTION 2. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: \ kC::;o~2:=!:-~ ~ City Attorney 3 " , . . Adopted and approved this 31st day of May, 1994 () ~i: It' ayor I hereby certify that the foregomg ResolutIOn 8758 (CCS) was duly adopted at a meeting of the City CouncIl held on the 31 st day of May, 1994 by the following vote Ayes: Councllmembers Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes' Councilmembers None Abstain' Councilmembers. None Absent. Councilmembers. None ATTEST L~/jJ~ ~ - City Clefk ~ ' . . CA:F:ATTY\MUNI\LAWS\JL\QUAKE.RES City Council Meeting 6-14-94 Santa Monica, California RESOLUTION NUMBER 8759(CCS) (City Council series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City's Director of Emergency Services issued a declaration of local emergency; and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governmentsj and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the city of Santa Monica, NOW, THEREFORE, the City Council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the City of Santa Monica. SECTION 2. The City council directs the Director of Emergency Services or his or her designee to take such actions as are appropriate to the fullest extent provided by federal, state and . , . . local law, to protect the public health, welfare, safety and property of the residents of the city of Santa Monica. SECTION 3. The city Council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the City of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for public works and other city projects. SECTION 4. A copy of this Resolution shall be forwarded to the State Director of the Office of Emergency services with a request that he or she find it acceptable. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~~~~hp<~ MARSHA JofgEs MOUTRIE City Attorney . - . . Adopted and approved this 14th of June, 1994 (] iJJ ~ ~afor ,- I hereby cert.J.fy that the foregomg Resolution 8759 (CCS) was duly adopted at a meeting of the City CouncIl held on the 14th of June, 1994 by the following vote: Ayes. Councilmembers Abdo, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: COUllCllmembers' None Abstain: Couocllmembers: None Absent: Councilmembers. Genser ATTEST: A~f~ ~ City Cle "- ~ .. . . RESOLUTION NO. 8760 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.51620 AT 1222 PRINCETON STREET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the Final Map for Tract No.51620 in the City of Santa Mon~ca hereby is accepted and approved. SECTION 2 That the city Clerk hereby is authorized and directed to endorse upon the face of sald Map this order authentlcated by the Seal of the City of Santa Monlca. SECTION 3. That the City Clerk shall certify to the adoption of th~s Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~Sl.E?: ~~ MARSHA JO S MOUTRIE Clty Atto ey - '. . . Adopted and approved this 14th of June, 1994 ;J hJ?L fl NIay6r I hereby certify that the foregoing Resolution 8760 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 14th of June. 1994 by the following vote Ayes: Councilmembers. Abdo. Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes' Counctlmembers: None Abstain CouncIlmembers: None Absent: Councilmembers: Genser ATTEST: ~L{J]~ ....... ~ . . RESOLUTION NO. 8761 (CCS) (City Councll Ser~es) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51252 AT 907 12TH STREET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the F~nal Map for Tract No. 51252 ~n the City of Santa Monica hereby is accepted and approved SECTION 2. That the Clty Clerk hereby is authorlzed and directed to endorse upon the face of sa~d Map th~s order authenticated by the Seal of the City of Santa Monica. SECTION 3. That the Clty Clerk shall cert~fy to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~<~ ~"'-U MARSHA JON S MOUTRIE C~ty Attorney DB f \plan\share\torca\fnmap\tp225fm ~. '- . . Adopted and approved thIs 14th of June. 1994. 9v ti:~ I hereby certify that the foregomg Resolution 8761 (CCS) was duly adopted at a meetmg of the City Council held on the 14th of June, 1994 by the foIlowmg vote: Ayes: Councilmembers. Abdo, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers. None Absent: Councilmembers' Genser ATTEST: ApP~f2~. - - City Clerk . ~ ~ .~ . . RESOLUTION NO 8762 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.51247 AT 1824 20TH STREET THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the F~nal Map for Tract No.51247 ~n the C~ty of Santa Monica hereby is accepted and approved SECTION 2 That the Clty Clerk hereby is authorlzed and dlrected to endorse upon the face of said Map thls order authent~cated by the Seal of the City of Santa Monica. SECTION 3. That the City Clerk shall certify to the adoptlon of this Resolut~on, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~s~~h~ MARSHA JONE ( MOUTRIE City Attorney ~ ... .- . . Adopted and approved this 14th of June, 1994. 4 v.JJ~~ Mayor I hereby certify that the foregomg Resolution 8762 (CCS) was duly adopted at a meetIng of the City Counell. held on the 14th of June, 1994 by the followmg vote: Ayes: Couneilmembers: Abdo, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Couneilmembers: None Abstain: Counctlmembers: None Absent: Counctlmembers: Genser ATTEST ~h/ f1~ ------- Ii.-' - City Clerli( . . CA:MJM:LMc:atty\muni\laws\century.1 city council Meeting 6-14-94 Santa Monica, California RESOLUTION NO. 8763 (city Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ACCOUNTING ORDER REGARDING BASIC SERVICES RATES AND ASSOCIATED CHARGES OF CENTURY SOUTHWEST CABLE TELEVISION, INC. WHEREAS, the City of Santa Monica (the "City") became certified to regulate basic cable services rates and associated charges of October 7, 1993, and has followed regulations prescribed by the Federal communications commission ("FCC") for the regulation of the basic service tier and associated charges (the "FCC Rules"); and WHEREAS, the City has not yet reached a decision regarding the reasonableness of the rates for basic service and associated equipment, installation and service charged by Century Southwest Cable Television, Inc. (the "company"); and WHEREAS, the city is not yet in a position to issue a rate decision at this time since the City needs additional time to review the supplemental information submitted by the Company in support of its FCC Form 393; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND ORDER AS FOLLOWS: 1 . . SECTION 1. pursuant to 47 C.F.R. section 76.933(0) of the FCC RUles, the company is hereby directed, from the date of this Order until the date the Company implements any rate decision issued by the city, to keep an accurate account of all amounts received, and on whose behalf such amounts were paid, for basic service and associated equipment and installation. SECTION 2. The City reserves all rights it has under the FCC Rules, including the right to establish reasonable rates and order rate refunds, if the City finds that the Company's rates are unreasonable under the FCC Rules, including any modifications or amendments to such regulations. SECTION 3. The city Manager shall cause to be delivered a copy of this Order to the Company prior to June 22, 1994. SECTION 4. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ ~1,~ MARSHA JONE$jMOUTRIE - City Attorney 2 , . . . Adopted and approved thIS 14th of June, 1994 ~o;J~ I hereby certify that the foregoing Resolution 8763 (CCS) was duly adopted at a meetmg of the City CouncIl held on the 14th of June, 1994 by the followmg vote' Ayes: Councilmembers: Abdo, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes Councilmembers: None AbstaIn: Councllmembers None Absent. Councilmembers: Genser ATTEST: -~t:q~ . . CM:CP:BJ:DR:resgrant Santa Monica, CA Council Meeting: 06/14/94 8764 RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE A USED OIL RECYCLING BLOCK GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the agency responsible for the administration of the program within the state, for setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, said procedures established by the California Integrated Waste Management Board require the applicant to certify by resolution the approval of application before submission of said application to the state; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 1- The city Council of the City of Santa Monica authorizes the submittal of an application to the California Integrated Waste Management Board for a 1993/94 Used Oil Recycling Block . . . Grant. The City Manager of the City of Santa Monica is hereby authorized and empowered to execute in the name of the city of Santa Monica all necessary applications, contracts, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: k5UA~5 ~~ MARSHA J ES MOUTRIE city Attorney . . . . Adopted and approved tlns 14th of June, 1994. c;~ I hereby certify that the foregomg Resolution 8764 (CCS) was duly adopted at a meeting of the CIty Council held on the 14th of June, 1994 by the following vote Ayes Councllmembers: Abdo, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes CouncIhnembers: None Abstam: Counc1lmembers: None Absent. Councihnembers' Genser ATTEST: ~~f:J~ ~ City Clet'k ~ . . CM:CP:BJ:DR:resgran1 Santa Monica, CA Council Meeting: 06/14/94 RESOLUTION NUMBER 8765 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE A USED OIL CURBSIDE COLLECTION PROMOTION GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WHEREAS, the people of the State of California have enacted the California oil Recycling Enhancement Act that mandates the California Integrated Waste Management Board to develop and implement an information and education program for the promotion of alternatives to the illegal disposal of used oil; and WHEREAS, as part of this statewide public education and information campaign, the Board is offering a one-time grant to local governments for promotion of existing used oil curbside collection programs to encourage residents already served by curbside collection to make use of this part of California's used oil collection infrastructure; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, said procedures established by the California Integrated Waste Management board require the applicant to certify by resolution the approval of application before submission of said application to the state; and WHEREAS, the applicant will enter into an agreement with the - . . state of California for development of the project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 1. The City Council of the City of Santa Monica authorizes the submittal of an application to the California Integrated Waste Management Board for a 1993/94 Used oil Curbside Collection Promotion Grant. The City Manager of the City of Santa Monica is hereby authorized and empowered to execute in the name of the city of Santa Monica all necessary applications, contracts, agreements and amendments hereto for the purposed of securing grant funds and to implement and carry out the purposes specified in the grant application. 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~~ city Attorney , . . Adopted and approved this 14th of June, 1994 ~ .PIt. ,It- Mayor I hereby certIfy that the foregoing ResolutIon 8765 (CCS) was duly adopted at a meeting of the City Council held on the 14th of June, 1994 by the following vote. Ayes. COWlCihnembers Abdo. Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers None Abstain: Councllmembers: None Absent. Councihnembers: Genser ATTEST: ~, p~ff2~ - City Clerk . . . RESOLUTION NO. ~6 (ees) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DOES NOT APPLY TO THE APPROVAL AND ADOPTION OF THE REDEVELOPMENT PLAN FOR THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT PURSUANT TO SECTION 21080 OF THE CALIFORNIA PUBLIC RESOURCES CODE WHEREAS, on January 17, 1994 and thereafter, the Northridge Earthquake followed by a series of severe aftershocks occurred (the "Earthquake"), with disastrous consequences in the City of Santa Monica; and WHEREAS, the Redevelopment Agency of the City of Santa MOnica (the "Agency") has prepared a proposed Redevelopment Plan for the Santa MOnica Earthquake Recovery Redevelopment Project (the "ProJect"), In accordance to the requirements ofthe Community Redevelopment Law (California Health and Safety Code, Sections 33000 et. seq.) and the Community Redevelopment Financial Assistance and Disaster Project Law (California Health and Safe Code, Sections 34000, et seq., hereinafter the "Disaster Project Law"); and WHEREAS, the California EnVIronmental Quality Act (Public Resources Code, Sections 21000 et s~q., hereinafter "CEQA") provIdes in Section 21080 that CEQA applies to discretionary projects proposed to be earned out or approved by public agencies, but does not apply to projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or faCIlities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing With Section 8550) of DiviSion 1 of Title 2 of the Government Code; and WHEREAS, following the Earthquake, the Governor of the State of California declared a state of emergency in an area including the area proposed to be included In the Project Area; and WHEREAS, the President of the United States of Amenca has declared that the Earthquake was at sufficient severity and magnitude to constitute a major disaster under Federal law; WHEREAS, the Agency has found and determined that the approval and adoption of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project is exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the California Code of Regulations. ~ . . ' NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOllOWS SECTION 1. The City Council hereby finds and determines, based on substantIal eVidence In the record, Including but not limited to the Preliminary Report and the Report to the City Council on the Adoption of the Proposed Redevelopment Plan for the Santa MOnica Earthquake Recovery Redevelopment Project and all documents referenced therein, that: (a) The proposed Project is being undertaken, carned out and approved by the Agency and the City of Santa MOnica to maintain, repair, restore, demolish or replace property or faCIlities damaged and destroyed as a result of the Earthquake; and (b) The approval and adoption of the proposed Redevelopment Plan IS being undertaken as the result of a disaster, and the proposed Project Area IS In a disaster-stricken area in which a state of emergency has been proclaImed by the Governor pursuant to Chapter 7 (commencing With Section 8550) of Division 1 of Title 2 of the Government Code; and (c) The approval and adoptIon of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project IS exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the CalifornIa Code of RegulatIOns. SECTION 2. The Secretary of the Agency IS hereby authOrized and directed to file a Notice of Exemption With the Clerk of the County of Los Angeles SECTION 3. The City Clerk shall certify to the adoption of thiS Resolution and thereupon and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: ~- . ~~{L-L..dL_~,- 7L-.....-~ ;~~;.L--~( MARSHA JONES MOUTRIE City Attorney - 2 - . , . e ~ Adopted and approved this 21st of June, 1994. ft 1l~ I hereby certify that the foregomg Resolunon 8766 (CCS) was duly adopted at a meetmg of the City Council held on the 21st of June, 1994 by the following vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem Noes: Councilmembers: None Abstain: Councllmembers: None Absent: Councllmembers: Vazquez ATTEST ~~/42~ .-r City Clerk' -----. , e . ~- RESOLUTION NO. ~6 (CCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DOES NOT APPLY TO THE APPROVAL AND ADOPTION OF THE REDEVELOPMENT PLAN FOR THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT PURSUANT TO SECTION 21080 OF THE CALIFORNIA PUBLIC RESOURCES CODE WHEREAS, on January 17, 1994 and thereafter, the Northridge Earthquake followed by a series of severe aftershocks occurred (the "Earthquake"), with disastrous consequences in the City of Santa Monica; and WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has prepared a proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project {the "Project"}, in accordance to the requirements of the Community Redevelopment Law (California Health and Safety Code, Sections 33000 et seq.) and the Community Redevelopment Financial Assistance and Disaster Project Law (California Health and Safe Code, Sections 34000, et sea., hereinafter the "Disaster Project Law"); and WHEREAS, the California Environmental Quality Act (Public Resources Code, Sections 21000 et sea., hereinafter "CEQA") provides in Section 21080 that CEQA applies to discretionary projects proposed to be carried out or approved by public agencies, but does not apply to projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of DiVISion 1 of Title 2 of the Government Code; and WHEREAS, following the Earthquake, the Governor of the State of California declared a state of emergency In an area including the area proposed to be included In the Project Area; and WHEREAS, the President of the United States of America has declared that the Earthquake was of sufficient severity and magnitude to constitute a major disaster under Federal law; WHEREAS, the Agency has found and determined that the approval and adoption of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project is exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the California Code of Regulations ---- ~ . . . NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOllOWS: SECTION 1. The City Council hereby finds and determines, based on substantial eVidence In the record, including but not limited to the Preliminary Report and the Report to the City Council on the Adoption of the Proposed Redevelopment Plan for the Santa MOnica Earthquake Recovery Redevelopment Project and all documents referenced therein, that: (a) The proposed Project is being undertaken, camed out and approved by the Agency and the City of Santa Monica to maintain, repair, restore, demolish or replace property or faCilities damaged and destroyed as a result of the Earthquake; and (b) The approval and adoption of the proposed Redevelopment Plan IS being undertaken as the result of a disaster. and the proposed Project Area is in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of TItle 2 of the Government Code; and (c) The approval and adoption of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project is exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the California Code of Regulations. SECTION 2. The Secretary of the Agency IS hereby authorized and directed to file a Notice of Exemption With the Clerk of the County of Los Angeles. SECTION 3. The City Clerk shall certify to the adoption of thiS Resolution and thereupon and thereafter the same shall be in full force and effect APPROVED AS TO FORM: 'A ,0 ); ! IvUL[::rL'~I71--v..../ . cU'-l.J/-u. MARSHA JoNES MOUTRIE City Attorney - 2 - ~ ~ . . Adopted and approved thIs 21st of June, 1994. 0 ~~ / Mayor I hereby certify that the foregoing Resolution 8766 (CCS) was duly adopted at a meeting of the City Council held on the 21st of June, 1994 by the following vote Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem Noes: Councilmembers: None Abstain Councilmembers: None Absent: Councilmembers: Vazquez ATTEST: ~~ //.ti~ ~ City Clerk" .._~ - . ..~ RESOLUTION NO. 8767 (CCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE USE OF TAXES ALLOCATED FROM THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF IMPROVING, INCREASING AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has prepared a proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project which would result In the allocation of taxes from the Project Area to the Agency for the purposes of redevelopment; and WHEREAS, Section 33334. 2 (a) of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq ) requires that not less than 20 percent of all taxes so allocated be used by the Agency for the purposes of Improving, Increasing and preserving the community's supply of low and moderate Income housing available at affordable housing cost, unless certain findings are made; and WHEREAS, Section 33334.2{g) of the Community Redevelopment Law provides that the Agency may use such funds outside the Project Area If a finding IS made by resolution of the Agency and the City Council that such use Will be of benefit to the ProJect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. The City Council hereby finds that the use of taxes allocated from the Santa Monica Earthquake Recovery Redevelopment Project Area for the purposes authorized in the California Community Redevelopment Law and related to ImproVing, increasing and preserving the community's supply of low and moderate income housing available at affordable costs outside the Project Area Within the City of Santa Monica will be of benefit to the Project SECTION 2 The City Clerk shall certify to the adoption of this ResolutJOn and thereupon and thereafter the same shall be In full force and effect APPROVED AS TO FORM I , ,,--;,\ ' L' . iZ !) . , . . . " c~ L~ ^rJ...~' ~vu u.-' MARSHA JONES MOUTRIE City Attorney , ~ - - ~.- Adopted and approved tlns 21st of June, 1994. (e~ I hereby certify that the foregomg ResolutIon 8767 (CCS) was duly adopted at a meeting of the CIty CouncIl held on the 21st of June, 1994 by the following vote: Ayes: CouncIlmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein Noes: Councilmembers: None Abstain. COUllCIlmembers: None Absent' Councilmembers: Vazquez ATIEST: ~/,a~ City Clerk ------ , -- ~- .. . . City Clerk.PR:CED:rt(r) City Council Meeting: June 21, 1994 Santa Moruca, California RESOLUTION NUMBER 8768 (CCS) (City Council Senes) A RESOLUTION SUPPORTING THE EXTENSION OF THE SCHOOL PARCEL TAX WHEREAS good schools and a quality education are the cornerstone to prepanng our children for the challenges of the future, preventIng crime and making Santa Monica a highly desirable place to live and do business, WHEREAS Califorma IS currently 41st among the fifty states in the per cent of income spent on public schools making it necessary for the citizens of our commumty to proVIde supplemental support m order to assure qualIty schools, WHEREAS the Santa Moruca Malibu Urufied School DIStrIct Board of Education has placed a measure on the November ballot to renew the DIstrIct parcel tax at an amount limited to $68 per year, adjusted annually for mflatlOn for a penod not to exceed SIX years; WHEREAS the approximately $2 1 million to be derived annually from thIS measure wIll be utilIzed for the purposes of: unprovmg baSIC mstruction, maintaining and attracting the highest qualIty teachers, strengthening anti-drug and antI-crime programs, purchasing books, SCIence materials and computer technology for classrooms and ~ ~- .... .. . . schoollibranes, and mcreasing maintenance and security of school buildings and grounds to protect the taxpayers' mvestment and assure a safe learning environment; WHEREAS the voters of Santa Maruca and Malibu first approved this tax m 1984 and voted overwhelmingly to extend it m 1988. NOW THEREFORE, The CIty CouncIl of the City of Santa Monica do hereby urge the citizens of Santa Maruca to Jam us in supporting renewal of the Santa Monica Malibu School District Parcel Tax measure. The City Clerk shall certify to the adoption of this Resolutlon, and thenceforth and thereafter the same shall be m full force and effect APPROVED AS TO FORM: -jJtu., Iu::i;:; Ik M. ~ MARSHA 10 S MOUTRIE City Attorney ~-.--=- ,- . . . . Adopted and approved this 28th of June, 1994 t240r! I hereby certify that the foregoing ResolutIon 8768 (CCS) was duly adopted at a meeting of the City Council held on the 28th of June, 1994 by the following vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez Noes' Councilmembers: None Abstam. Councilmembers: None Absent: Councilmembers: None ATTEST' A/%d~ City Clerk" . . ~ . . FIN:CMD:BT:kf/resoccap Santa Mon1ca, California Council Meeting: June 28, 1994 RESOLUTION NO. 8769 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ITS BUDGET FOR THE FISCAL YEAR 1994-95 WHEREAS, the proposed budget for the fiscal year 1994-95 was submitted to the City Council thirty-five (35) days prior to July 1, 1994; and WHEREAS, the City Council held a public hearing on said budget after a notice of said budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after said publ~c hearing, the City Council considered further its proposed budget, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS: SECTION 1. That the budget for the fiscal year 1994-95, as submitted by the City Manager and rev1sed by the City Council, WhlCh budget ~s entitled "City of Santa Monica, Proposed Budget, 1994-95" , a copy of which budget is attached hereto, lS hereby approved and adopted. In adopting said budget, the City Council intends to, and by this Section does, adopt and approve the total operat~ng appropr~ation for each departmental and non-departmental operating budget, consisting of Salaries and Wages, Supplies and - 1 - ~ ~ , . e . Finance: CMD:REB:DRC Santa Monica, California Council Meeting of June 28, 1994 RESOLUTION NO. 8770 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING CURRENT USER FEES AND SETTING NEW USER FEES FOR SERVICES PROVIDED BY VARIOUS CITY DEPARTMENTS WHEREAS, the City of Santa Monica recently completed a comprehens1ve analysis of all user fees charged by various departments for the purposes of updating fee amounts and thereby preserv1ng public financial resourceSj and WHEREAS, it was determined that 1n many cases, the fees charged by the City do not reflect full costs incurred in the provision of related serV1CeSj and WHEREAS, it 1S the policy of the City of Santa Monica to charge for the full costs of these services prov1ded by City staff when such services benefit individual users rather than members of the community as a wholej and WHEREAS, Sect10n 9.12.010 of the Santa Monica Municipal Code author1zes the sett1ng of planning, zoning, and land use fees by resolutionj and WHEREAS, Sect10ns 7.04.170, 7.04.180, 7 04.790, 7.32.020, 7.32.030, 7.32.040, 7.32.050, and 7.32.060 of the Santa Monica Munic1pal Code authorizes the setting of various General Services and Publ1c Works fees by resolution; and - 1 - . . . WHEREAS, Sections 8.04.180 of the Santa Monica Municlpal Code author1zes the C1ty Council to set Fire Department permit fees by resolution; and WHEREAS, Section 4.04.240 of the Santa Monica MUn1c1pal Code authorizes the settlng of fees for charges for services rendered in connection with the of handling animals at the Animal Control Center by resolution; and WHEREAS, Section 4.04.170 of the Santa Monica Municipal Code authorizes the setting of fees for annual dog licenses by resolution; and WHEREAS, Section 5.24.150 of the Santa Monica Municipal Code authorizes the setting of fees for bus1nesses flling business plans in connection with the C1ty'S Hazardous Materials Release Response Plans and Inventory by resolution; and WHEREAS, Section 8.24.060 of the Santa Mon1ca Municipal Code author1zes the setting of fees for permits to operate underground storage tanks by resolution, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolutions (City Council Serles) 5009, 5190, 5328, 6376, 6974, 7607, 7619, 7675, 7697, 7698, 7766, 8082, 8127, 8246, and 8408 are hereby amended to set new fee levels for various City services as detalled in Attachment A to th1S resolution. - 2 - - . . SECTION 2. Section 2 (A) of Resolution Number 8417 (CCS) is amended to set fees for the use of facilities of the Community and Cultural Services Department as detailed in Attachment B to this resolution. SECTION 3. Fees levels previously set by the resolutlons noted in Section 1 and Section 2 above that are not revlsed in this resolution will remain at the rates previously set. SECT ION 4. The following planning, zoning, and land use fees are established as noted on Attachment A to this resolution: ALCOHOL DETERMINATION - For application for a permit to make ownership and/or other mlnor changes to eXlsting businesses that dispense alcoholic beverages, a fee of four hundred dollars ($400.00). PROJECTS IN COASTAL ZONE - For review of "approval in concept" forms that are required by the State Coastal Commission for development proJects, a fee of fifty flve dollars ($55.00) . LOT LINE ADJUSTMENT - For Plannlng Dlvlsion review of applications to make mlnor modlfications to the property line between two existing parcels, a fee of six hundred and fifty dollars ($650.00) . PERMIT EXTENSION - ADMINISTRATIVE - For application to extend the explration date of any eligible planning and zoning permit, a fee of one hundred and forty dollars ($140.00) . - 3 - . . SIGN ADJUSTMENT - For application to apply for any slgn adjustment, a fee of three hundred and fifty dollars ($350.00). SECTION 5. The following General Services and Public Works fees are established as noted on Attachment A: BANNER PERMITS - For a permlt to hang a banner or poster over a publlC street or other publlC property, a fee of fifty dollars ($50.00) . SOLDIER BEAM PERMIT - For encroachment on public property for the installation of soldier beams (underground beam installed during construction used to support subterranean excavation and overhead structure), a fee of SlX hundred dollars ($600.00) . SOIL NAIL PERMIT - For encroachment on public property for the installation of sOll nails (underground steel rod installed during construction used to support subterranean excavation and overhead structure), a fee of six hundred dollars ($600.00) . TIE BACK PERMIT - For encroachment on public property for the installation of tie backs, a fee of six hundred dollars ($600.00) . MAP REVISION - For checking and processing Engineer's or Surveyor's corrections to recorded maps, a fee of five hundred and twenty five dollars ($525.00) . LOT LINE ADJUSTMENT - For City Engineer review of applicatlons to make minor modificatlons to the property line - 4 - . . between two existing parcels, a fee of one hundred and ninety dollars ($190.00) . STREET VACATION - For revlewing and processing requests to vacate public property, a fee equal to the Clty'S time and material cost to provide the service. REQUEST TO REVIEW LEGAL EASEMENT - For City Englneer review of easements affecting property rlghts, a fee of six hundred and thirty five dollars ($635.00) . PARCEL MERGER - For Clty Engineer review and processing of requests to combine two or more parcels into one legal parcel, a fee of nine hundred and seventy five dollars ($975.00) ENCROACHMENTS GREATER THAN $1 MILLION - For reviewlng and process~ng requests to use public property for permanent structures with a project value greater than $1 million, a fee of three hundred and sixty dollars ($360.00) . FLOOD HAZARD LETTER - For preparing a letter indicating the flood potential for a property according to the Federal Flood Insurance Program, a fee of fifty one dollars ($51.00) . ADMINISTRATION OF PERFORMANCE BOND - For general administration, recordkeeping, final inspection, and release of bond funds for work performed by a private party that may, in the determination of the Dlrector of Public Works and the Building Officer, require a cash or surety bond as a condition against possible damage to nearby property, a fee of elghty four dollars ($84.00) . - 5 - . . NUISANCE ABATEMENT - For abatement of public nuisances as defined ln Section 8.12.010 of the Santa Monica Municipal Code, a fee equal to the time and material cost to the City to perform the nuisance abatement. REMOVAL OF ILLEGAL SIGNS FROM RIGHTS-OF-WAY - For the release of signs posted illegally to the City, an impound fee of ten dollars ($10.00). DAMAGE REPAIR BILLINGS - To recover City costs to repalr or replace damages caused by a private party to City lnfrastructure, a fee equal to the tlme and material cost to the Clty to repalr the damage. NEWS RACK CODE ENFORCEMENT - For the release of newsracks seized by the City from illegal locations, a fee of twenty five dollars ($25.00) SECTION 6. The following Police Department fees are established: PARTY RESPONSE - 2ND CALL - For a second complaint call at the same address for the same noise vlolation by the property owner, a fee of one hundred and forty flve dollar ($145.00) . ALCOHOL DISPENSING LICENSE - For a license issued to entertalnment establishments that lntend to serve alcoholic beverages, a fee of fourteen dollars ($14.00) . CRIME ANALYSIS/RESEARCH - SINGLE SEARCH - For customlzed requests from the publlc for crime and call information and - 6 - . . statistics requiring a slngle search of the Pollce Department's database, a fee of fifty six dollars ($56.00). CRIME ANALYSIS - MULTIPLE SEARCHES - For customized requests from the public for crime and call information and statistics requiring multlple searches of the Police Department's database, a fee of elghty eight dollars ($88.00) _ DUI RESPONSE - ACCIDENT/INJURY - For Police response to a traffic accident with injuries caused by a driver under the influence of alcohol or other controlled substances, a fee of three hundred and sixty eight ($368.00) to be charged to the drlver responsible for the accident. BOOT REMOVAL - For removal of a boot or immobilization device from a vehlcle, a fee of seventy five dollars ($75.00). SECTION 7. The following Anlmal Control fees are established: BITE REPORT AND INVESTIGATION - For investigation of anlmal bite incidents and subsequent reports, a fee of thirty dollars ($30.00) . ANIMAL TRAP RENTAL - For use of City traps by the public to trap wild animals, a deposit of flve dollars ($5. OO) . SECTION 8. The followlng Environmental Programs Dlvision fees are establlshed: UNDERGROUND STORAGE TANKS - PERMIT TO INSTALL - For a permit to install underground storage tanks, a fee of three hundred and - 7 - ----- . . . eighty nine dollars ($389 00) for the first tank and a fee of Slxty seven dollars ($67.00) for each additional tank. UNDERGROUND STORAGE TANK - PERMIT TO REMOVE - For a permit to remove existing underground storage tanks, a fee of three hundred and eleven dollars ($311 00) for the first tank and a fee of one hundred and nine dollars ($109.00) for each additlonal tank. STORAGE TANK CLEANUP FEE - For staff time spent overseeing underground storage tank cleanup, a fee equal to the total Clty cost of reviewing site assessments and cleanup proposals, lnspecting the slte, and reviewing closure documents. SECTION 9. Section 2 (1) is added to Resolution Number 8417 (CCS) establlshlng fees for youth and teen recreation and activity programs as detailed in Attachment B to this resolution. SECTION 10. Section 2 (J) is added to Resolution Number 8417 (CCS) establlshing fees for permit group use of the City's municipal pools as detalled in Attachment B to this resolution. SECTION 11. Beginning July 1, 1995 and on July 1 of each fiscal year thereafter, all fees established by this resolution shall be administratively revised annually by a factor equal to the difference in the Los AngeleS-Anaheim-Riverside Consumer Price Index for Wage Earners and Clerical Workers for the 12 month perlod Aprll through Aprll of the prior fiscal year. No later than January 1, 1999, and at five year intervals, thereafter, the City will conduct a comprehensive study of all fees set by this resolution to determine if fees are adequately - 8 - . . . , . . recovering City costs for these services and the results of the comprehensive study shall be reported to the Council. SECTION 12. The fees set forth in this resolution shall be effectlve July 1, 1994, except for Planning fees which will be effective September 1, 1994 pursuant to State law SECTION 13. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: IH/,-,~~ ~~ MARSaA-JONES~OUTIRE City Attorne - 9 - '. ' . . . Adopted and approved this 28th of June, 1994 ~~~ I hereby certlfy that the foregomg Resolution 8770 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 28th of June, 1994 by the following vote: Ayes CouncIlmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, V iizquez Noes: Counclhnembers None Abstain: Counclhnembers: None Absent: Counclhnembers: None ATIEST: /~~/~~ , City Cletk