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SR-10-A (42) lUA EPWM CP AA RS ro s \sp1608\asme\cc1608ph wpd Council Meeting May 11. 1999 j".AY 1 1 . Santa Monica, California TO Mayor and City Council FROM City Staff SUBJECT Recommendation to Hold a PubliC Hearing to Confirm Assessment Costs for the FY 1996-97 Annual Street Resurfacing Program and Appurtenant Work on Vanous City Streets I ntrod UCtlO n ThiS report recommends that the City Council hold a publiC hearing to confirm the assessment costs for work done as part of the FY 1996-97 Annual Street Resurfacing Program and to hear protests regarding the completed work These Improvements were performed at vanous commercial, Industnal and residential locations Background On November 24, 1998. City Council approved Resolution 9343 (CCS), setting a publiC heanng on May 11, 1999 The FY 1996-97 Annual Street Resurfacing Program Included at various locations In the City concrete gutter construction, street resurfacing, slurry sealing. parkway pavement removal, curb ramp construction, alley reconstruction, and curb, gutter, Sidewalk and dnveway repairs The cntena used to determine the streets to be Included In that year's program and the method of repair Included age, drainage problems, surface and subsurface conditions, complaints received. type of use (I e , commercial or residential), current traffiC volume and projected change of use or traffiC volume of the streets To assist In attaining a sustainable City. 100% of the eXisting pavement was recycled and approximately 29,250 used tires were added to the asphalt mix used In the resurfacing ~tV lfb~ When street Improvements are constructed the City offsets a portion of the costs by creating assessment districts Assessment districts are areas that receive a specIal benefit from the Improvement Various State statutes authorize and govern the formation of such districts For street Improvements, the City relies upon the Improvement Bond Act of 1911 (The Act) The Act allows an assessment agamst all properties benefltmg from the Improvement work and authorizes the creation of liens against benefitted properties and the Issuance of bonds This assessment district was subject to the voting requirements of Proposition 218 and the majority of eligible voters voted m favor of this assessment Under current City POliCY, adopted In 1979, residential properties are assessed at one half the cost of removal and replacement of damaged curbs, sidewalks, driveways, and parkway pavement Residential properties are not assessed for new concrete gutter construction or street resurfacing In contrast, commercial and industrial property owners are assessed at one half of the cost of removal. replacement and repairs of damaged curbs. sidewalks, driveways, and parkways, In addition to street resurfacmg, gutters and alley reconstruction Non-profit organizations are categorized with commercial and Industrial property for the purposes of assessment unless they can provide, pursuant to adopted Council policy. a Verification that the parcel receives a "Welfare ExemptIOn" from the Los Angeles County Tax Assessor, In which case all assessment costs are waived DIScussion The Annual Street Resurfacmg Program IS complete and property owner assessments are now due A public hearing to confirm the assessment costs must be held pursuant to Section 5882 of the California Streets and Highways Code All affected property owners 2 were notified of the public heanng date and the assessment amount on March 24, 1999 The assessment map. list of property owners (mcludlng non-profit organizations), and assessment amounts for all residential and non-residential properties are attached The unit assessment costs Include statftlme to conduct engineering surveys, posting and mallrng notices. constructIOn management, Inspections, and construction Work Performed Unit Cost Non-Residential Residential Property Owners' Property Owners' Share of Cost Share of Cost (50% of Special Benefit) (50% of Special benefit) Alley Reconstruction $70 OO/LF $23 87 N/A Gutter Construction $18 OO/LF $619 N/A Street Resurfacing 521 50/LF $728 N/A Sidewalk Repairs $7 50/SF 5265 $275 Driveway Repairs $9 OO/SF $310 $356 Curb Repairs $20 OO/LF $688 $790 Parkway Restoration $4 DO/SF $141 $147 LF = Lineal Foot SF = Square Foot Owners of corner lots where the legal address IS the street being repaired or the adjacent street pay half of the applicable repair work Corner lots have the potential of bemg assessed for both Sides of their lot If both streets are repaired ThiS polley eases the Impact on corner lots by assessing half the rate on either street The assessments related to street resurfacing for commercial and Industnal properties are based on linear footage of street frontage, Ignonng the Width of the street adjacent to their 3 property A tYPical assessment for a commercial or Industrial property owner with a 50-foot wide lot IS 5364 00 for street resurfacing and $309 50 for new concrete gutter construction The commercial. industrial and reSidential properties areas to be Included In the assessment district are as follows STREETS TO BE RESURFACED, ALLEYS TO BE RECONSTRUCTED, AND GUTTERS TO BE CONSTRUCTED (Non-Residential Properties Assessed Only) 1 2 3 4 5 6 7 8 9 10 11 Street 6th Court 16th Street 18th Street 19th Street 20th Street 21st Street Colorado Avenue Franklin Street Michigan Avenue Strand Street Yale Street Limits Wilshire Boulevard to Colorado Avenue Wilshire Boulevard to Montana Avenue Olympic Blvd to Santa MOnica Freeway Olympic Boulevard to 495' north Wilshire Boulevard to Arizona Avenue Olympic Boulevard to Michigan Avenue Stewart Street to 26th Street Arizona Avenue to Colorado Avenue Cloverfield Boulevard to 21st Court Main Street to Ocean Avenue Broadway to Santa MOnica Boulevard SIDEWALKS. DRIVEWAYS. CURBS TO BE REPAIRED, AND PARKWAY PAVEMENT TO BE REMOVED (Non-Residential and Residential Properties Assessed) at various locations on 2 nd Street 3rd Street 4th Street 5th Street 6th Street 7th Street 9th Street 10th Street 11 th Street 12th Street 14th Street 15th Street 16th Street 17th Street 18th Street 19th Street 20th Street 21 st Place 21 st Street 22nd Street 23rd Street 24th Street 25th Street 26th Street 29th Street 31 st Street 32nd Street 34th Street Alta Avenue Arizona Avenue Ashland Avenue Bay Street Berkeley Street Broadway California Avenue Cedar Street 4 Centlnela Avenue Chelsea Avenue Cloverfleld Blvd Colorado Avenue Copeland Court Delaware Avenue Euclid Street Franklin Street Fraser Avenue Grant Street Harvard Street High Place HIli Street Hollister Avenue Idaho Avenue Kansas Avenue Kinney Street La Mesa Drive Lincoln Boulevard Main Street Maple Street Marguerlta Avenue Marine Street Michigan Avenue Montana Avenue Navy Street Oak Street Ocean Avenue Ocean Park Blvd OlympiC Boulevard Pacific Street Palisades Avenue Pearl Street Pennsylvania Ave PICO Boulevard Pier Avenue Pine Street Princeton Street Raymond Avenue Santa Monica Blvd San Vicente Blvd Schader Drive Stanford Street Strand Street Wadsworth Avenue Washington Ave WilshIre Boulevard Yale Street The addresses on the above streets are Identified In the Property Owner's List herein attached The assessment dIstrict was administered In accordance with the procedures set forth In the Improvement Act of 1911 of the California Streets and Highways Code and the Government Code Budget/Flnanclallmpact The total revenue from thiS assessment IS $209,827 55 Alley reconstruction, gutter construction. street resurfacmg, Sidewalk repair, driveway repair, and curb repair assessments for non-reSidential properties Will generate $1 02,406 50 and Will be depoSIted In Account No 01-500A02-00000-0124-10000, "Street Resurfacing Assessment" after construction costs have been confirmed Payment IS due Within 30 days of inVOICing After 30 days. unpaid Invoices may be subject to Interest payments Additional revenue In the amount of $107,421 05 for the repair of Sidewalks, driveways and curbs, and the removal of pavement In parkway areas for reSidential properties Will be deposited In 5 Revenue Account No 01-500-421-00000-0179-10000, "Sidewalk Repair Revenue" After one year. any unpaid assessments will be placed on the 1999-00 property tax roll by the Los Angeles County Assessor's Office Recommendation Staff recommends that the City CounCil Open the public hearing, 2 Close the public hearing, 3 Adopt the resolution confirming the assessment costs for all properties Prepared by Craig Perkins, Director of Environmental and Public Works Management Department Anthony Antlch, P E , City Engineer Attachment Resolution Street Superintendent's Report Property Owners' list and amounts Notices of assessment and time of Public Hearing 6 STREET SUPERINTENDENT'S REPORT STREETS RESURFACED, ALLEYS RECONSTRUCTED, AND GUTTERS CONSTRUCTED (Non-ResidentIal Properties Assessed Only) 1 2 3 4 5 6 7 8 9 10 11 Street 6th Court 16th Street 18th Street 19th Street 20th Street 21 st Street Colorado Avenue Franklin Street Michigan Avenue Strand Street Yale Street Limits Wilshire Boulevard to Colorado Avenue Wilshire Boulevard to Montana Avenue Olympic Blvd to Santa Monica Freeway Olympic Boulevard to 495' north Wilshire Boulevard to Arizona Avenue Olympic Boulevard to Michigan Avenue Stewart Street to 26th Street Anzona Avenue to Colorado Avenue Cloverfleld Boulevard to 21 st Court Main Street to Ocean Avenue Broadway to Santa MOnica Boulevard SIDEWALKS. DRIVEWAYS, CURBS REPAIRED, AND PARKWAY PAVEMENT REMOVED (Non-Residential and Residential Properties Assessed) at various locations on 2nd Street 3rd Street 4th Street 5th Street 6th Street 7th Street 9th Street 10th Street 11 th Street 12th Street 14th Street 15th Street 16th Street 17th Street 18th Street 19th Street 20th Street 21 st Place 21 st Street 22nd Street 23rd Street 24th Street 25th Street 26th Street 29th Street 31 st Street 32nd Street 34th Street Alta Avenue Arizona Avenue Ashland Avenue Bay Street Berkeley Street Broadway California Avenue Cedar Street Centmela Avenue Chelsea Avenue Cloverfield Blvd Colorado Avenue Copeland Court Delaware Avenue EuclJd Street Franklin Street Fraser Avenue Grant Street Harvard Street High Place Hill Street Hollister Avenue Idaho Avenue Kansas Avenue Kmney Street La Mesa Drive Lmcoln Boulevard Mam Street Maple Street Marguerlta Avenue Marine Street Michigan Avenue Montana Avenue Navy Street Oak Street Ocean Avenue Ocean Park Blvd Pearl Street Pine Street San Vicente Blvd Olympic Boulevard Pacific Street Palisades Avenue Pennsylvania Ave PICO Boulevard Pier Avenue Pnnceton Street Raymond Avenue Santa MOnica Blvd Schader Dnve Stanford Street Strand Street Wadsworth Avenue Washington Ave Wilshire Boulevard Yale Street Pursuant to the provIsions of the Improvement Act of 1911, Sections 5870, et seq of the Streets and Highways Code of the State of California, the follOWing work was caused to be done by the Street Supenntendent as part of the FY 96-97 Street Resurfacing Program Properties assessed at the full rate Non-ReSidential ReSidential Property Owners' Property Owner's Share of Cost Share of Cost Total (50% of the SpeCial (50% of the SpeCial Work Performed Umt Cost Benefit Cost) Benefit Cost) Gutter ConstructIon $1800 I LF $6191LF N/A Street ResurfaCing $21 50 ILF $7 28 ILF N/A Alley Reconstruction $70 00 / LF $23 87 / LF N/A Sidewalk Repair $7 50 / SF $2 65 I SF $2 75/ SF Dnveway Repair 59 00 / SF $310/SF $3 56 / SF Curb Repair $20 00 / LF $6 88 ILF $7 90 ILF Parkway Restoration $4 DO/SF $141/SF $1 47/ SF The total amount of thiS assessment dlstnct IS $210,17633 Reference IS made to the attached sheets for a descnptlon of the real property In front of which the work has been done, the proposed assessment against each property, and a descnptlon of the work done In front of each property Street Supenntendent City of Santa MOnica Filed With the City Clerk this _ day of ,1999 City Clerk City of Santa MOnica s "sp1608'stsupnt It' ~ " on o '" f ~ ~ <f ~ ~ , " ~~N~W~~~~~~~~~m~mQ~~~OO~~~~~N~~~N~~~~~~~~W~~~~~~~~ mm~~ow-~~OO~~~~N~-~~~~~~~~o~~mm~__~~~_~~_~~~~~~Q~ ca-~ua~~OAw~W~W~woo~~~~~m~~~~~wWO~_~~~ON~~~V___O~_ ~~~~~~~~~~~~~~~g8~~~~~ggggg~~6~~~~~~~;~;88~~~;~~; ;~~W~~~;;~~~~~~~~~~~~~~~~~~;~~~;;~~;~~~~~~~~~~~~~ ~C,:I~r ~::~g ~~~g - Z ~~~~~~~M~~~~~~*~@~~~~~~M~~~~~mffimM~~~~~~~~W~~~~~~~~~ ~g ~ ~ '" ~~~~~~~~~~~~o~~~~w~~t~~~~~~~~~~~~~~~~t~~~~~~~~~g~2~ ~mW.A-woo~~~-~~~-~~-~.OO.W~ID~W~~w~~~~mo~w~~~~~~~m~C~O~A ~1~_!~~~_8g_g~_~~8~$~-882B888~~~~~gg~g8gill~~~g~gg~8~g~~g~ AA..~~.A..~...~.~.........~A~~~~~~.~.~.~~~~..~~~..~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3~Z ~~~8g8~g~~8ggg8g8~8gggg8888g~~~g888~28~~~~egg2g~~~~~~o ~~8ge8g~822~~~22282~~~~88~@se~s~s~8g8~88g~~gg~gg3~8~2 oo~o~wmooooNm~~ro~a~Nw~~~O~~~~W~W~N~WO~~UU~~U~~~~O~~~~~~W ~~~~~~~~~8o~~8>~~~~~~~~~~~~~~~~~~~~8~~~~i~~~g~~~~~~~~~ ~$~Q~~~5~5~~>~- E~~~~~~z~cZ~~~~z~~~z~~~~~~~~~~~~g~~3~~ zz~~gz~oz~w~~z ~m ~Z^~gr Nmw~~o~z>~~~~~z~g ~~~~-~~z~ 6~~Q ~~ ~~F~ ~ z ~~ ~ m~ <~~ m~.~~o ~ ~ C ~ Z~~ ~~ 1m 0 ~ o '" I C '" o ^ ,. 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September 25, 1997 NOTICE OF PROPOSED STREET IMPROVEMENT ASSESSMENTS The City Council of the City of Santa Monica has adopted a resolution declanng Its intention to form an assessment dlstnct for street Improvements The process for forming the dlstnct IS established by the State of California Streets and Highways Code and The Right to Vote on Taxes Act (Proposition 218) which gives you the right to vote on this assessment Your vote IS Important The purpose of the assessment district IS to ensure that the City's streets, sidewalks, and associated mfrastructure are maintained at a high level of quality and safety for you and your neighbors The 1996/97 Annual Street Resurfacmg Program Includes gutter construction. street resurfacing. alley Improvements, slurry sealing, parkway pavement removal. curb ramp construction, curb and gutter repairs, bus pad construction, and sidewalk and driveway repair and construction at various locations In the City The crltena used to determine the streets and alleys Included In thiS year's program and the method of repair Include age. drainage problems, surface and subsurface conditions, complaints received, type of use (I e , commercial or residential), current traffiC volume, and projected change of use or traffiC volume In accordance With the Right to Vote on Taxes Act (Proposition 218), an Engineer's Report was prepared which determined the general and speCial benefits of each specifiC proposed Improvement The public as a whole benefit from general benefits, while speCial benefits enhance a particular parcel A copy of thiS report IS available In the office of the City Engineer and the office of the City Clerk According to the Right to Vote on Taxes Act (PropOSition 218). parcels may only be assessed for speCial benefits The amountto be charged tothe entire assessment district IS estimated to be $329,11977 The amount proposed to be charged to you as the owner of property Within the assessment district IS shown on Exhibit "A" which IS attached to thiS notice Notice to Property Owners of Proposed Assessment September 25. 1997 Page 2 THERE WILL BE TWO PUBLIC HEARINGS ON THIS PROPOSED ASSESSMENT DISTRICT. THEY WILL TAKE PLACE IN THE COUNCIL CHAMBERS OF THE SANTA MONICA CITY HALL LOCATED AT 1685 MAIN STREET IN SANTA MONICA, CALIFORNIA, THE DATES AND TIMES ARE: NOVEMBER 11, 1997 AT 6:30 PM AND NOVEMBER 25,1997 AT 6:30 PM You may vote on whether the assessment district should be formed or not by usmg the ballot which accompanies this notice If a parcel has multiple owners, any owner may request In wntlng that the City Clerk provide proportional ballots to all owners of the parcel All ballots must be returned pnorto the conclusion of the first public heanng on November 11. 1997 The ballots will be used to determine whether or not a "maJonty protest" eXists This determination will be made by tabulatmg the ballots before the second public hearing In tabulation, all ballots submitted wIll be weighted accordmg to the proportional financial obligation of the affected property If a maJonty protest eXists (50% + 1 negative vote), the assessments will not be Imposed and the Improvements may not occur If the district IS formed and assessments are Imposed, there will be a thirty day cash collection period for collecting assessments after the City Council has confirmed costs An Installment plan to repay the assessment will be available Ballots and wntten protests may be mailed or delivered to Santa Monica City Clerk 1685 Mam Street, Room 102 Santa Monica, CA 90401 Notice to Property Owners of Proposed Assessment September 25. 1997 Page 3 If you have any questIons about your proposed assessment which appears on the next page. or about these proceedmgs. the hearmg, duplicate ballots, proportional ballots, or the votmg procedure, please call the City Clerk at (310) 458-8212 or Ruth Odell of the City Engineer's Office at (310)458-8727 Sincerely. Craig Perkins Director of EnVironmental and Public Works Management " ~PJr,n~ .,"F""'.1Fl\0l1CF \\ PD I\'OTICE OF PUBLIC MEETING AND PUBLIC HEARING March 16,1999 RE STREETS RESURFACED, CONCRETE ALLEYS RECONSTRUCTED. CONCRETE GUTTERS CONSTRUCTED, CONCRETE SIDEWALKS, DRIVEWAYS. AND CURBS REPAIRED, AND PARKWAY PAVEMENT REMOVED Dear Property Owner The Improvements of the 1996/97 Street Resurfacmg Project are complete The public voted In favor of an assessment to fmance these Improvements Please refer to the enclosed Exhibit 'A" for the cost assessed to your property There will be a publiC heanng to confirm these costs on Tuesday, May 11,1999 at 7 OOpm In the City Hall Council Chambers If you Wish to contest your Improvement cost, you may attend this meetmg and vOice your concerns to the Council If you have further questions about this notice, you may contact Ruth Odell at (310) 458-8727 An inVOice With payment instructions and options will be mailed to you shortly after the cost confirmation hearing IF THE ASSESSED PARCEL IS OWNED BY A NON-PROFIT ORGANIZATION, A WAIVER OF THE ASSESSMENT MAY BE GRANTED TO QUALIFY FOR THIS WAIVER. THE OWNER MUST PROVIDE EVIDENCE VERIFYING THE PARCEL RECEIVES A 'WELFARE EXEMPTION" FROM THE LOS ANGELES COUNTY TAX ASSESSOR THIS EVIDENCE MUST BE PRESENTED TO THE CITY ON OR BEFORE TUESDAY, MAY 11,1999, OR THE WAIVER WILL BE FORFEITED. FORWARD THIS INFORMATION TO City of Santa MOnica Engineering DIVISion 1685 Main Street, Room 112 Santa Monica. CA 90401 Attention Ruth Odell Again. should you have any questions on this matter please call (310) 458-8727 Sincerely. Craig Perkins Director of EnVironmental and PubliC Works Management Enclosure Exhibit 'A" Assessment Cost Breakdown S 'SD16:8'ASSESSME'.ASSESSME 'NPD 4 EPWM CP AA RS ro S \sp1608\cc1608ph con Council Meeting May 11, 1999 Santa MOnica, California RESOLUTION NUMBER 9397 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT MAP (DIAGRAM) AND CONFIRMING ASSESSED COSTS FOR CONCRETE GUTTER CONSTRUCTION, STREET RESURFACING AND THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS, AND THE REMOVAL OF DAMAGED PARKWAY PAVINGS AND APPURTENANT WORK ON VARIOUS CITY STREETS IN CONJUNCTION WITH THE FY1996-97 STREET RESURFACING PROGRAM WHEREAS, the City of Santa MOnica, pursuant to Sections 5100 and follOWing of the Streets and Highways Code. commenced proceedings to resurface streets, construct concrete gutters. repair Sidewalks, driveways, and curbs and remove damaged parkway pavings and appurtenant work on STREETS TO BE RESURFACED. ALLEYS TO BE RECONSTRUCTED, AND GUTTERS TO BE CONSTRUCTED (Non-ReSidential Properties Assessed Only) 1 2 3 4 5 6 7 8 9 10 11 Street 6th Court 16th Street 18th Street 19th Street 20th Street 21 st Street Colorado Avenue Franklin Street Michigan Avenue Strand Street Yale Street limits Wilshire Boulevard to Colorado Avenue Wilshire Boulevard to Montana Avenue OlympiC Blvd to Santa MOnica Freeway OlympiC Boulevard to 495' north Wilshire Boulevard to Arizona Avenue OlympiC Boulevard to MIchigan Avenue Stewart Street to 26th Street Arizona Avenue to Colorado Avenue Cloverfleld Boulevard to 21 st Court Main Street to Ocean Avenue Broadway to Santa Monica Boulevard SIDEWALKS. DRIVEWAYS, CURBS TO BE REPAIRED, AND PARKWAY PAVEMENT TO BE REMOVED (Non-ReSidential and Residential Properties Assessed) at various locations on 2nd Street 6th Street 11 th Street 3rd Street 7th Street 12th Street 4th Street 9th Street 14th Street 5th Street 10th Street 15th Street 16th Street 17th Street 18th Street 19th Street 20th Street 21st Place 21 st Street 22nd Street 23rd Street 24th Street 25th Street 26th Street 29th Street 31 st Street 32nd Street 34th Street Alta Avenue Arizona Avenue Ashland Avenue Bay Street Berkeley Street Broadway Callforma Avenue Cedar Street Centlnela Avenue Chelsea Avenue Cloverfleld Blvd Colorado Avenue Copeland Court Delaware Avenue Euclid Street Franklin Street Fraser Avenue Grant Street Harvard Street High Place HIli Street Holhster Avenue Idaho Avenue Kansas Avenue Kinney Street La Mesa Drive Lmcoln Boulevard Main Street Maple Street Marguenta Avenue Manne Street MIchIgan Avenue Montana Avenue Navy Street Oak Street Ocean Avenue Ocean Park Blvd OlympiC Boulevard Pacific Street PalIsades Avenue Pearl Street Pennsylvania Ave PICO Boulevard PIer Avenue Pine Street Princeton Street Raymond Avenue Santa MonIca Blvd San Vicente Blvd Schader Dnve Stanford Street Strand Street Wadsworth Avenue Washington Ave Wilshire Boulevard Yale Street WHEREAS. the proceeding IS more fully descnbed m Resolution of Intention Number 9196 (CCS) adopted by the City Council on September 9,1997, and WHEREAS, the contract for the above-described work has been fulfilled to the satIsfaction of the Supenntendent of Streets, and WHEREAS. the Supenntendent of Streets has made an assessment to cover the sum due for the work performed and specified In the contract, and WHEREAS, the assessment has been filed wIth the City Clerk, and WHEREAS, City Staff gave the notIce required by SectIons 5362 and 5363 of the Streets and Highways Code, and WHEREAS, upon the day and hour fixed for heanng by the City Clerk, the City Council of the City of Santa MOnica shall hear and pass upon any and all obJections, appeals, and protests. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 All obJections. appeals and protests of every kind and nature to the confirmation of assessment of costs are hereby overruled and denied SECTION 2 The final map (diagram) of property, affected and benefited by STREETS TO BE RESURFACED, ALLEYS TO BE RECONSTRUCTED, AND GUTTERS TO BE CONSTRUCTED (Non-Residential Properties Assessed Only) 1 2 3 4 5 6 7 8 9 10 11 Street 6th Court 16th Street 18th Street 19th Street 20th Street 21 st Street Colorado Avenue Franklin Street Michigan Avenue Strand Street Yale Street LImits WIlshire Boulevard to Colorado Avenue Wilshire Boulevard to Montana Avenue OlympIC Blvd to Santa MOnica Freeway OlympiC Boulevard to 495' north Wilshire Boulevard to Arizona Avenue OlympiC Boulevard to MichIgan Avenue Stewart Street to 26th Street Anzona Avenue to Colorado Avenue Cloverfleld Boulevard to 21st Court Main Street to Ocean Avenue Broadway to Santa MonIca Boulevard SIDEWALKS. DRIVEWAYS, CURBS TO BE REPAIRED. AND PARKWAY PAVEMENT TO BE REMOVED (Non-Residential and Residential Properties Assessed) at vanous locations on 2nd Street 3rd Street 4th Street 5th Street 6th Street 7th Street 9th Street 10th Street 11 th Street 12th Street 14th Street 15th Street 16th Street 17th Street 18th Street 19th Street 20th Street 21 st Place 21 st Street 22nd Street 23rd Street 24th Street 25th Street 26th Street 29th Street 31 st Street 32nd Street 34th Street Alta Avenue Anzona Avenue Ashland Avenue Bay Street Berkeley Street Broadway California Avenue Cedar Street Centlnela Avenue Chelsea Avenue Cloverfield Blvd Colorado Avenue Copeland Court Delaware Avenue Euclid Street Franklin Street Fraser Avenue Grant Street Harvard Street High Place Hili Street Hollister Avenue Idaho Avenue Kansas Avenue Kinney Street La Mesa Dnve Lincoln Boulevard Main Street Maple Street Marguenta Avenue Manne Street Michigan Avenue Montana Avenue Navy Street Oak Street Ocean Avenue Ocean Park Blvd Olympic Boulevard Pacific Street Palisades Avenue Pearl Street Pennsylvama Ave Plea Boulevard Pier Avenue Pme Street Pnnceton Street Raymond Avenue Santa MOnica Blvd San Vicente Blvd Schader Dnve Stanford Street Strand Street Wadsworth Avenue Washington Ave Wilshire Boulevard Yale Street all In the City of Santa Monica. as more fully descnbed In Resolution Number 9196 (CCS) and therein declared to be the property to be assessed to pay the expense of the Improvements. IS approved and the City Clerk IS directed to execute the certificate on the map certifYing such approval and to deliver the map (diagram) to the Superrntendent of Streets SECTION 3 The assessment for STREETS TO BE RESURFACED. ALLEYS TO BE RECONSTRUCTED, AND GUTTERS TO BE CONSTRUCTED (Non-ResIdential Properties Assessed Only)- Street limits 1 6th Court Wilshire Boulevard to Colorado Avenue 2. 16th Street Wilshire Boulevard to Montana Avenue 3 18th Street OlympIc Blvd to Santa Monica Freeway 4 19th Street OlympIc Boulevard to 495' north 5 20th Street Wilshire Boulevard to Anzona Avenue 6 21st Street Olympic Boulevard to Michigan Avenue 7 Colorado Avenue Stewart Street to 26th Street 8 Franklin Street Anzona Avenue to Colorado Avenue 9 Michigan Avenue Cloverfield Boulevard to 21st Court 10 Strand Street MaIn Street to Ocean Avenue 11 Yale Street Broadway to Santa Momca Boulevard SIDEWALKS. DRIVEWAYS, CURBS TO BE REPAIRED, AND PARKWAY PAVEMENT TO BE REMOVED (Non-Residential and Residential PropertIes Assessed) at various locations on 2nd Street 3rd Street 4th Street 5th Street 6th Street 7th Street 9th Street 10th Street 11 th Street 12th Street 14th Street 15th Street 16th Street 17th Street 18th Street 19th Street 20th Street 21st Place 21 st Street 22nd Street 23rd Street 24th Street 25th Street 26th Street 29th Street 31st Street 32nd Street 34th Street Alta Avenue Arizona Avenue Ashland Avenue Bay Street Berkeley Street Broadway Callforma Avenue Cedar Street Centlnela Avenue Chelsea Avenue Cloverfield Blvd Colorado Avenue Copeland Court Delaware Avenue Euclid Street Franklin Street Fraser Avenue Grant Street Harvard Street High Place Hili Street Hollister Avenue Idaho Avenue Kansas Avenue Kinney Street La Mesa Drive Lincoln Boulevard Main Street Maple Street Marguenta Avenue Manne Street MichIgan Avenue Montana Avenue Navy Street Oak Street Ocean Avenue Ocean Park Blvd Olympic Boulevard Pacific Street Palisades Avenue Pearl Street Pennsylvania Ave PICO Boulevard PIer Avenue Pine Street San Vicente Blvd Pnnceton Street Raymond Avenue Stanford Street Santa MOnica Blvd Strand Street Schader Drive Wadsworth Avenue Washington Ave Wilshire Boulevard Yale Street as more fully described In Resolution Number 9196 (CCS), be and the same hereby IS confirmed and approved SECTION 4 The Superintendent of Streets shall forthwith attach a warrant to said assessment bearing the date of this confirmation SECTION 5 The assessment roll, warrant, and diagram shall be recorded In the Office of the Superintendent of Streets, and Immediately thereafter the City Clerk shall file a copy of the assessment map (diagram) In the Office of the County Recorder, and thereafter shall record In said Office of the County Recorder a Notice of Assessment, all In the manner and form prescribed by Section 3114 of the Streets and Highways Code of the State of California SECTION 6 Assessments not paid to the City within the speCIfied tIme shall be sent to the Los Angeles County Assessor to collect such assessments upon the tax roll which general taxes are collected SECTION 7 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/~~hu~~ MARSHA JaNE} MOUTRIE City Attorney Adopted and approved this 11 th of May, 1999 ~~ ~f r' '.. !/'1:\';\ " U'/'I'--- ~I' -........ Wam O'Connor, Mayor I. Mana M Stewart. City Clerk of the City of Santa MOnica, do hereby certify that the foregomg ResolutIon 9397{CCS) was duly adopted at a meeting of the Santa Monica CIty Council held on the 11th of May, 1999 by the following vote Ayes Councllmembers Feinstein, Genser, Holbrook, McKeown, O'Connor, Rosenstein, Bloom Noes Councllmembers None Abstam Councllmembers None Absent CounCllmembers None ATTEST '- ~~ ~nA~ Mana M Stewart, City 61erk 6 CI r v o~ 'AIJTA ,J" \1'(" BAYSIDE DISTRICT CORPORATION r; r .{. !~-,~ !"~~'l-:~ 1351 Third Street. Promenade. SUite 301 CI M,..". r; - , .'~-,- Santa MOnica. California 90401 310393-8355 Fax 310 458-3921 \\A :w MAY 1 1 19!1!l --.... .;fi\'i:lI.]..]......~[.. ...119..... .!.t!llll.=HI""~ .......tlll '99 nAY -6 All :42 May 6,1999 Dear Mayor and Councll Members In January of this year, City staff recommended that the Councll adopt proposed amendments to the mUnICipal ordmances governing street performance and street vendmg. After conducting a pubhc heanng on the proposal, the CounCil asked vanous stakeholders, mcluding performers, vendors, the BaysIde DIstnct CorporatlOn, and CIty safety personnel, to meet and attempt to forge a consensus on reviSlOns to the eXlst10g laws I am writing to report on the consensus buddmg effort Smce the CounCil made its request, the workmg group has met on at least eIght separate occaSiOns. Representatives of street performers, street vendors, the Bayslde Board and staff, the Pollee Department and the Fife Department 'were present at each of the meetmgs. The group discussed each of the stake holdmg group's needs and concerns We also conducted a detaIled reVIe"W of the ordmance proposed by staff There IS a general agreement that the ord1Oance should support performance, and discourage vendmg. Through this effort, we have achieved a consensus on certam pomts. Other po1Ots rema10 under dlscusslOn. To date, we have agreed that; (1) all vlOlatlOns should be infractiOns rather than misdemeanors; (2) monitors, who are not police personnel, should be used to remmd performers and vendors of requirements and othen-vise attempt to gam compliance 10 an mformal and supportive manner Without pohee mterventiOn (pollee would be used as a fall back for repeat or senous offenders); (3) "donative vendmg" should be ehminated, but a hmlted-range of Free Speech Vend10g should be allowed, (4) limits should be set on the amount of paraphernaha and equipment and upon displays for the purpose of protecting safety and aesthetics; (5) rotatIOn of both performers and vendors should be reqUired every two hours, (6) spacmg reqUirements between performers and other obstructiOns should be mamtamed 10 some form, (7) canopies, umbrellas and tents should be prohibited. MAY 1 1 1999 \'A We also talked about which classes of performing and vending should be permitted Our preference was that the City promulgate a hst of what kInds of performance are permitted and what kinds of merchandise "Free Speech Vendors" may sell Those hsts could either be In the ordmances or m ImplementIng regulatIOns. We thought that lrsts should Include reCitatIOn and dramatIc reading, smgm& pamtIng, sculptIng, sketchmg, calhgraphy, henna tattoo, magiCIans, variety acts, and balloon sculptors The followmg should not be allowed mcense, flowers, clothmg (mcludmg Tee-shuts and hats), food and beverages, mass produced Items such as sunglasses and souvemrs, and mass produced art. AdditIOnally, we talked about hmltatIons upon the amount of space each performer or vendor occupies, the slgnage whICh they dIsplay, and exact spacmg requirements. \Ve have not reached speCIfIc consensus on exact lImIts The workmg group IS contmumg to meet and discuss these Issues. WhIle we reahze It may be very dIffIcult to gam absolute consensus, we do feel as though signifIcant progress has been made. It is our hope that Council will be able to reView and adopt an emergency ordmance wlthm the next several weeks m hme for our busy summer season MeanwhIle, we hope that thIS report will gwe the Council a sense of our progress to date. Very truly yours, ..'1 K~~~~~::;~~vs~~n '/)~. ,'LL~'; ~ cC" Street Performer Working Group BDC Board of DIrectors John J alili, City Manager Susan McCarthy, ASSistant City Manager Jeff Mathieu, Resource Management RESOLUTION NO 9398 (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 THE MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, the City administration and representatives of the Municipal Employees AssociatIOn have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2,06 of Ordmance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understandmg between the administration 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 binding unless and until presented to the governing 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 the Municipal Employees ASSOCiation, \~f. Adopted and approved this 11th of May, 1999. ~JV1 A ('0tiJ- ~ 1;m ~'~o~nor, Mayor I, Marra M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9397(CCS) was duly adopted at a meeting of the Santa MOnica CIty Council held on the 11th of May, 1999 by the follOWing vote Ayes Council members FeinsteIn, Holbrook, McKeown, Rosenstein, Bloom, Mayor Pro Tem Genser, Mayor O'Connor Noes Councllmembers None Abstain Council members None Absent Councllmembers None ATTEST --L~"~~ Marra M Stewart, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND MUNICIPAL EMPLOYEES ASSOCIATION TABLE OF CONTENTS ARTICLE/SECTION NUMBER PAGE ARTICLE I: GENERAL PROVISIONS 1.01 Parties to Memorandum of Understanding 4 1.02 Purpose 5 1.03 Term of Agreement 5 1.04 City Council Approval 5 1.05 Recognized Employee Association Name 5 1.06 Scope of Representation 6 1.07 Full Understanding, Modification, and Waiver 6 1.08 Management Rights Reserved 7 1.09 Peaceful Performance of City Services 7 1.10 Validity of Memorandum of Understanding 8 1.11 Captions for Convenience 9 1.12 Non-Discrimination/Harassment and Equal Employment 9 1.13 Definitions 10 1 14 Overpayment Remedy 12 1.15 Payments at Termination 13 ARTICLE II: COMPENSATION 2.01 Effective Date of Salary Increase 14 2.02 Salaries 14 2.03 Overtime 17 2.04 Shift Differentials 19 2.05 Standby Pay 19 2.06 Skill Pay & Bonuses 21 2.07 Pay for Serving in a Higher Job Classification 25 2.08 Promotional Pay Rate 26 2.09 V-Rating 26 2.10 Call Back Pay 27 2.11 Report Pay 27 2.12 Pay for Training 28 2.13 Filming Assignments 28 ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs 3.02 Retirement 3.03 Tuition Reimbursement 3.04 Deferred Compensation 3,05 Uniform Allowance 3.06 Tool Allowance 3.07 Mileage Reimbursement 3.08 Sick Leave Buy Back 3.09 Long Term Disability Insurance 3.10 State Disability Insurance 30 32 33 35 35 36 37 37 39 39 ARTICLE IV: LEAVES 4.01 Holidays 4.02 Vacation Leave 4.03 Sick Leave 4.04 Leave of Absence Without Pay 4.05 Military Leave 4.06 Workers' Compensation Leave 4.07 Jury Duty 4.08 Bereavement Leave 4.09 Personal Leave Days 4.10 Parental Leave 4.11 Family Leave 40 42 43 44 44 44 45 45 46 46 47 ARTICLE V: WORKING CONDITIONS 5.01 Safety & Loss Prevention 5.02 Performance Evaluations & Effect of Job Performance on Salary 5.03 Effect of Reassignment/Recertification on Skill/Bonus Pay 5.04 Employee Parking 48 48 49 50 2 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 approve and authorize the City Manager to execute the Memorandum of Understanding ratifIed by the MUnicipal Employees ASSOCiation, 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' In~L~ MAASHA J(1NES MOUTRIE City Attorney it1EA =ie!>ol'.J"lOn 1998 20011 5.05 Personnel Files 5.06 Job Sharing 5.07 Work Schedules 5.08 Layoffs 5.09 Promotion 5.10 Probationary Period 5.11 Wash-Up Period 5.12 Subcontracting 5,13 Transfers 5.14 Lunch Periods 5.15 Outside Activities 50 51 51 53 53 54 55 55 56 56 56 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deduction 6.02 Reasonable Notice 6.03 Association Security 6.04 Time Off for Association Business 6.05 Grievance & Complaint Procedure 6.06 Right to Association Representation 6.07 Disciplinary Action 6.08 Notification of New Hires 6.09 Joint Labor-Management Committee 58 58 58 59 60 64 64 66 66 EXHIBIT A -- REPRESENTED CLASSIFICATIONS 68 EXHIBIT B -- TEMPORARY APPOINTMENTS 71 EXHIBIT C -- AGENCY SHOP 72 EXHIBIT D - PROCEDURE FOR REQUESTING TIME OFF FOR ASSOCIATION BUSINESS 74 3 ARTICLE I: GENERAL PROVISIONS Section 1.01 Parties to the Memorandum of Understanding This Memorandum of Understandmg (MOUl has been prepared pursuant to the terms of Ordmance No 801 (CCS) of the City of Santa MOnica, whose lawful prOVISions are hereby mcorporated by reference as If fully set forth herem, and has been executed by the City Manager on behalf of the City and by the MUnicipal Employees ASSociation, (hereinafter MEA), on behalf of employees occupYing the line-Item positIOn claSSifications set forth m Exhibit A which IS attached hereto and made a part hereof As of July 1, 1998, the Youth Services Counselor and Assistant Domestic Counselor Job classificatIOns Will be represented by MEA. As of July 1, 1998, the Records Management Coordinator Job claSSification Will no longer be represented by MEA. However, the mcumbent of that claSSification as of June 30, 1998 Will be given the option of being "grandparented" m MEA, If the Incumbent should elect to be "grandparented" In MEA and should later vacate his/her pOSition, the new Incumbent Will be represented by the bargaining unit which became the Recognized Employee Organization representing that pOSition claSSification as of July 1, 1998 If the Incumbent elects to not be "grandparented" In MEA, he/she will be represented by the Recognized Employee Organization representing that pOSition claSSification as of July 1, 1998 As of July 1, 1998, the follOWing Job claSSifications Will be represented by MEA. Crime Prevention Coordinator, Criminal Investigations Analyst, Domestic Violence Counselor, Fire Safety Coordinator, Video Training/Program Coordinator and Network Administrator. However, the Incumbent{s} of each of those classifications as of June 30, 1998 Will be given the option of being represented by MEA or being "grandparented" and thereby continue to be represented by the Recognized Employee Organization representing that Job claSSificatIOn as of June 30, 1998 If the employee should elect to be "grandparented" In the Recognized Employee Organization representing the pOSitIOn claSSification as of June 30, 1998 and should later vacate that pOSition, the new Incumbent of the vacated pOSition Will be represented by MEA and Will be covered by the terms and conditions of employment as set forth In thiS Agreement In the event new Job classlflcatlon{s) are created, the Municipal Employee Relations Officer, or the Director of Personnel as his/her deSignee, Will notify 4 MEA prior to Personnel Board and City Council consideration of the new classification speclflcatlon(s). No classifications currently represented by MEA shall be excluded from the unit dUring the term of this Agreement except by mutual agreement. Section 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 resolVing 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 MEA. Section 1.03 Term of Agreement This Agreement shall be effective as of July 1, 1998 and shall remain In full force and effect until June 30, 2001. It shall be automatically renewed from year to year thereafter unless either party shall notify the other In writing not later than March 1 st of 2001 and each subsequent year that It deSires to terminate or modify this Agreement, and speCifically indicates requested modifications. In the event that such notice IS given, unless the parties agree to start at a later date, negotiations shall begin no later than April 15th With a Signed contract deSired by July 1 st. Section 1.04 Citv Council Approval This Agreement 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. Section 1.05 Recognized Employee Association Name MEA IS hereby acknowledged as the Recognized Employee OrganIzatIOn representing only the permanent employees occupYing line Item pOSItIOn claSSifications set forth In Exhibit A lwhlch IS attached hereto and made a part hereof) pursuant to Section 3.04 lc) of Ordinance No. 801 ICCS) It IS the mutual understanding of the partIes hereto that acknowledgment of MEA, as the Recognized Employee Organization: 5 A. Does not preclude employees In such position classifications from representing themselves individually In 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 position classifications concerning their employment relatIOns with the City. Section 1.06 Scope of Representation The scope of representation of the recognized employee organization shall Include all matters relating 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 conSideration of the merits, necessity, or organization of any service or activity prOVided by law or executive order. The scope of representation shall be exercised or performed In compliance with the prOVISions of Ordinance No. 801 (CCS) and Government Code Sections 3500-3510 (Meyers-Mlllas-Brown Act). Section 1.07 Full Understanding, Modification, and Waiver The parties agree that each has had full and unrestricted nght and opportunity to make, advance, and diSCUSS all matters properly within 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, Each party, for the term of this MOU, speCifically waives the right to negotiate for changes herein, and agrees that the other shall not be reqUired to negotiate 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). The wages, hours of work and other terms and conditions of employment covered by this MOU, including those wages, hours of work and other terms and conditions of employment In eXistence prior to this MOU, although not speCifically referred to In this MOU, shall constitute the wages, hours of work and other terms and conditions of employment for the term of this MOU. 6 Section 1.08 Management Rights Reserved The City retains all rights It had prior to this Agreement except those rights specifically delegated by this Agreement, provided that the City shall exercise those rights In compliance with applicable State law, the CIvil ServIce ProvIsions of the MUnicIpal Code, the City Charter and the prOVISions of this MOU. The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclUSive nght to: A Direct, superVise, hire, promote, suspend, demote, disCipline, discharge, transfer, assign, schedule, and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. C. Determine the services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters D Determine the appropriate Job classIfications and personnel by which government operations are to be conducted E Determine the overall miSSion of the unit of government. F. Maintain and Improve the effiCiency and effectiveness of government operatIons. G Take any necessary actions 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 Section 1,09 Peaceful Performance of City Services It IS 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 terminatIOn by an authOrized management offiCial. 7 A. It IS further understood and agreed that none of the parties hereto will participate In or encourage, assist or condone 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. 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 City, In addition to any other lawful remedies or disciplinary actions, may by action of the City Manager, upon twenty-four (24) hours notice, cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations. C The protection of the public health, safety and welfare demands that neither the employee organization, nor any person acting In concert with them, Will cause, sanction, or take part In any strIke, walk-out, Sit-down, slow-down, stoppage of work, Illegal picketing, retarding of work, abnormal absenteeism. withholding of serVices, or any other Illegal Interference with the normal work routine, The provIsions of thiS article shall apply for the same term as thiS Agreement, or dUrIng any renewal or extension thereof Violation of any prOVISion of thiS MOU by either party shall be cause to terminate thiS Agreement, In addition to whatever other remedies may be available under the law or In equity. D. The City agrees that there shall be no general lock-out of bargaining unit members dUrIng the term of thiS Agreement, or dUrIng any renewal or extension thereof. Both parties agree to exercise good faith In complYing With all the terms and conditions of thiS MOU. Section 1.10 Validity of Memorandum of Understanding 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 remamder hereof shall remain In full force and effect. The parties hereto shall Immediately commence to, m good faith, 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 legislation, or In any City Charter proVISion which would be applicable and contrary to any prOVISion herein contained, then 8 such provIsIon of thIs MOU shall be automatIcally termrnated, but the remainder of this MOU shall remam In full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substituted for those ruled mvalid or Illegal. The parties hereto shall Immediately commence to negotiate for the purpose of replacing any such invalid or Illegal prOVISIon. Section 1.11 Captions for Convenience The captions herein ate for convemence only and are not a part of the MOU and do not In any way limit, defme, or amplify the terms and provISions hereof. Section 1.12 Non-Discrimination/Harassment and Equal Employment 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 prohibiting dlscrimmatlOn and governmg equal employment opportunity. The Affirmative Action Program and the Harassment m Employment Policy of the City of Santa MOnica are affirmed by both parties to this MOU and Incorporated by reference herein Both parties also agree to abide by the requirements of the Americans with 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 ot/gln, religIon, dIsabIlity or sexual preference/orientation which could be construed as harassment Verbal or physical harassment of fellow employees IS a VIOlatIOn of City policy No employment decIsion shall be made based upon an employee's submiSSIon to or rejectIOn of such conduct Any employee who believes that he/she IS the Victim of such harassment or discrlmmatlon may file a complarnt m accordance With the procedure outlined In Section 6.05 [Grievance and Complaint Procedure) of thiS Agreement Complaints Involvrng an appornted offiCial of the City, rncludlng the City Manager, City Attorney or City Clerk, may be made In writing to the City CouncIl. Complaints of a sensitive nature, including complaints involVing sexual harassment, may bypass any step of the grievance procedure which Involves a supervisor or manager whose conduct IS the subject of the complaint 9 Section 1.13 Definitions The following definitions are to be applied In the Interpretation of this MOU: A "Salary Range" shall mean the normal five-step (A through E) hourly or monthly pay scale (and the bl-weekly eqUivalent) assigned to each employment position clasSIfication wlthm the City work force. B. "Salary Range Steps A through D" shall mean and be established to bear the following percentage relationship to Salary Range Step E computed to the nearest dollar. Normal progression through the range toward E-step shall be In annual step Increments contingent on satisfactory service Step A - 81 % of Step E Step B - 85% of Step E Step C - 90% of Step E Step D - 95% of Step E Step E - 100% C. "Nearest Dollar" shall mean the next lower dollar In a monthly rate when the computed amount IS fortY-nine (49) cents or less and the next higher dollar when the computed amount IS fifty (50) cents or more. D. "Line Item Position" shall mean a position which IS specifically Itemized In the personnel schedule of the annual budget of the CIty of Santa MOnica. E. "Permanent Employees" shall mean (1} A person who IS legally an Incumbent of a line-Item position, full or part-time; or (Z} A former legal Incumbent of a line-Item position on authorized leave of absence from a regularly budgeted position which position IS held pending the employee's return. The term "permanent employee" shall not be construed to Imply a guarantee of continued employment. However, no permanent employee shall be denied the right to those due process protectIOns appropriate to their status under the Santa Monica MUniCipal Code and City Charter and applicable State law. 10 F "Date of Entrance AnnIversary" shall mean the date whIch recurs annually after the date of entry Into a hne-Item positIOn In the classified service of the City of Santa Monica, either by onglnal employment, re-employment 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 classlflcatJon was effective. G, "Satisfactory Service" shall mean the attainment of an Overall Performance Rating of not less than "Satisfactory" on the performance report assOCiated with the employee's most recent date of entrance anniversary. H "Full-Time Work Week" shall mean forty (40) hours Within the seven (7) consecutive days (I.e , seven consecutive 24-hour periods) established as the work week for the affected employee(s). (1) Incumbents of Job pOSitions employed In a work week less than that defined as the full-time work week shall be compensated In 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 Job pOSitIOns employed m a work week greater than that defined 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 Section 2.03 (Overtime) herein relatmg to overtime. Compensation shall Include base salary, and any other compensation, including bonuses or skill pays, prOVided by thIs Agreement. (2) Incumbents of line-Item 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 herein as If they were employed on a full-time baSIS. (3) For employees covered herein who hold permanent pOSitIOns at the Library, the full-time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or hls/her deSignated representative. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It IS the Intent of the City to assign Sunday work on a volunteer baSIS. However, In the event there are not enough volunteers to staff the Sunday work at the Library, said work Will be aSSigned on an eqUitable baSIS among employees. 11 I. "Pay" shall mean compensation received for regular hours worked, sick leave, bereavement leave, vacation, holidays, compensatory time off and/or Jury duty. J. "In Pay Status" shall mean earning pay. K. "Completed Calendar Month of Service" shall mean a calendar month in which an employee has been In pay status for eleven (11) or more working days L. "Working Day" as used In the sections of this Agreement pertaining to vacation accrual (Section 4.02), Sick leave accrual (Section 4.03) and Personal Leave accrual (Section 4.09) shall mean eight (8) hours M "Compressed Work Schedule" shall mean a work schedule In which a full-time employee IS aSSigned to work a total of eighty (80) regularly scheduled work hours In nine (9), or less, days In a given two-week (I.e., two work week) penod, N "Servlce Date" shall be the employee's most recent date of employment as a permanent employee With the City of Santa MOnica. Unless prohibited by the Family Medical Leave Act, or Similar state and/or federal legislation, the employee's service date shall be adjusted for unpaid leaves of absence which exceed thirty (30) calendar days, With the employee's service date being moved forward by the same number of days as the unpaid leave of absence. In the event a permanent employee separates from the City but IS rehired Within twelve (12) months, the break In service between the last date of employment and the date on which the employee IS rehired will be treated as an unpaid leave of absence for the purpose of establishing the employee's service date With the City. Section 1.14 Overpavment Remedy Permanent employees covered herem shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be reqUired until the City notifies the affected employee In writing. If the overpayment was not the result of fraud or misrepresentation by the employee, the overpayment shall be reimbursed by payroll deductions over a time penod equal to the time penod that overpayment was made, or by any other reasonable repayment method mutually acceptable to the City and the employee. If the overpayment was the result of fraud or 12 misrepresentation, the overpayment shall be reimbursed by Immediate lump- sum payroll deductlon(s). In any event, a lump-sum deduction shall be required If the next subsequent employee payroll warrant IS the final or terminatIon warrant Issued to the affected employee Section 1.15 Payments at Termination When permanent employees covered herein leave the service of the City of Santa MOnica, they shall be entitled to lump sum payoff of vacation days and any unused compensatory time. No claim shall be made against the City for the use or payoff of unused Sick leave, nor shall the effective date of termination be extended by use of compensatory time, Sick leave, vacation or personal leave days. 13 ARTICLE II: COMPENSATION Section 2.01 Effective Date of Salary Increase A All negotiated pay Increases and salary related benefit Increases specified In this MOU shall become effective on the first day of the pay penod closest to the date stated In Section 2.02 (Salanes) hereof, except that when such date falls on the Sunday In the middle of a pay penod, Increases shall become effective on the first day of the pay penod Immediately following saId effective date. Section 2.02 Salaries Salaries of permanent employees covered herein shall be on a monthly rate, paid on a bl-weekly eqUivalent baSIS. In lieu of the bl-weekly equIvalent to a monthly rate, the City 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 determmed by diViding the bl-weekly rate by eighty (80) Normally, a new employee Will be placed at the A-step of the salary range established for the positIon for which he/she has been hIred However, the City Manager, In exceptional cases, based on specifIc appraIsal of the diffIculty of the work, the new employee's pnor salary history and the experIence and ability of the person to be employed, may authonze entrance salarres higher than the mInimum salary established for the position. In no event, however, shall the rate exceed the maximum rate for that class A. Effective July 1, 1998, the E-step salaries of employees covered herem shall be Increased by three percent (3%) In addition, as of July 1, 1998, the E-step salarres of the follOWing Job classifications shall be given an equIty adjustment, as outlIned below Airport Security Guard Airport Mamtenance Worker Asphalt Crew Leader Carpenter Carpenter Crew Leader Communications Operator II CommunIty Services Officer I Community SerVice, Specialist IV 2.4% 46% 36% 22% 3 1% 15.0% 24% 24% 14 Concrete Crew Leader Concrete FInisher Electrician I Equipment Operator I Equipment Operator II Equipment Operator HI Event Attendant II Lead Airport Security Guard Lead Mechanic Library Inspector Library BUilding TechniCian Maintenance Crew Leader Maintenance Worker I Maintenance Worker I (Asphalt) Maintenance Worker II Maintenance Worker II (Asphalt) Mechanic I Mechanic II Motor Coach Cleaner Motor Sweeper Operator Park Ranger Parking Checker Semor Transfer StatIOn Asst. Sewer Maintenance Worker Traffic Pamter AssIstant Transfer Station Assistant Transportation Mechanic I Transportation Mechanic 11 Wastewater Crew Leader Water Leader Youth Services Counselor 3.6% 3.6% 20% 4.6% 9,0% 8.4% 4.6% 2.2% 6.9% 2.4% 7.0% 8.4% 8.0% 8.0% 46% 4.6% 9,0% 10.3% 8.0% 9.0% 2.4% 2.4% 30% 46% 8.0% 46% 90% 9.0% 7.2% 1.5% 5.0% B Effective July 1, 1999, the E-step salaries of employees covered herein shall be Increased by a minimum of two percent (2%), OR, If higher, by an amount equal to the percentage Increase In the "cost-of-lIvlng" Index as measured by the Consumer Price Index (for Urban Wage Earners and Clencal Workers, 1967 = 1 DO) for Los Angeles-Anahelm-Orange County, California, published by the U.S Department of Labor, Bureau of Labor Statistics, for the base penod of Apnl, 1998 to Apnl, 1999. However, In no event shall said adjustment exceed four percent (4%) The only exception to thiS cost of liVing prOVISion would be In the event a higher percentage salary Increase (also known as cost of living 15 adjustment) IS granted to all employees of any other bargaining Unit by the City of Santa MOnica for the FY99-00 fiscal year, including the Santa MOnica Police Officers' ASSOCiatIOn (SMPOA) and the Santa Monica Firefighters Local 1109, IAFF. In that case, employees represented by MEA shall be granted the higher percentage salary Increase. In addition, for the purposes of this prOVISion, an equity adjustment granted to a specific job classification shall not be considered a salary Increase (also known as a cost of hVlng adjustment) Effective July 1, 2000, the E-step salaries of employees covered herein shall be Increased by a minimum of two percent (2%), OR, If higher, by an amount equal to the percentage Increase In the "cost-of-Ilvlng" Index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Anahelm-Orange County, California, published by the U S Department of Labor, Bureau of Labor StatistiCS, for the base period of April, 1999 to April, 2000. However, In no event shall saId adjustment exceed four percent (4%). The only exception to this cost of liVing prOVISion would be In the event a higher percentage salary Increase (also known as cost of liVing adjustment) IS granted to all employees of any other bargalnrng Unit by the City of Santa Monica for the FYOO-01 fiscal year, Including the Santa Monica Police OffIcers' ASSOciation (SMPOA) and the Santa MOnica Firefighters Local 1109, IAFF. In that case, employees represented by MEA shall be granted the higher percentage salary Increase. In addition, for the purposes of this prOVISion, an equity adjustment granted to a specific job claSSification shall not be considered a salary Increase (also known as a cost of IIvrng adjustment). C. A given classification covered by this MOU Will be eligible to receive an equity adjustment provldrng that the compensatIon study' conducted by the City of Santa Monica substantiates the need for an equity adjustment to bring the salary range of that classification In line With the mean salary paid to the same claSSification found In comparable cities The City will be wlllrng to receive and evaluate any salary comparison data that MEA might want to make aVailable regarding an equity adjustment for a given claSSification. Should a compensation study indicate that a given job claSSification IS currently being paid above the mean salary paid to the same claSSification found In comparable cities, the salary range for current Incumbents rn that claSSification Will remain unchanged. The salary range for all new hires rn that job classification shall be set In accordance With the results of the compensation study 16 EqUIty adjustments descrrbed herem will be conSIdered on an annual basIs, erther as a part of the annual budget process If no MOU negotiations should be occurnng dUring the year rn question or as a part of the MOU negotiations process should the MOU be up for negotiations Like any other salary rncrease, equity adjustments will be subject to the approval of the City CouncIl. D. An employee covered by this Agreement may request that a classification study be conducted for his/her POSition to determine whether or not the position IS classified correctly. A request for a clasSificatIOn study shall be submitted by no later than December 1 st for consideration rn conjunction with the next fiscal year's budget The Personnel Department shall conduct the classificatIOn study and make their recommendation to the City Manager, whose decIsion shall be frnal. The reclassification of a positIOn to a lower level Job classification would not be considered to be a demotion and would not be appealable to the Personnel Board. In the event a position IS reclasSified to a lower level Job classification, the salary of the Incumbent shall be Y -rated until the E-step salary of the new job clasSification equals or exceeds the Y -rated salary. Section 2.03 Overtime For employees holdrng a budgeted line-Item position rn a job claSSificatIOn covered by thIS agreement, the following overtime prOVISIons WIll apply: Overtime for full-time permanent employees shall mean work In excess of the employee's regularly scheduled work day or rn excess of forty (40) hours rn one (1) week. Overtime 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 rn excess of eight (8) hours rn one (1) day or forty (40) hours In one (1) week. Overtime hours must have the prior approval of an authOrized management offiCial. For the purpose of calculating overtime, discretionary paid time off, defrned as vacation, personal leave (MOU days), floating holidays andlor compensatory time off, shall not count towards the forty (40) hours. Non-discretIOnary paid time off, defrned as all other paid leave time, shall count towards the forty (40) hours 17 In addition, If an employee IS reqUired to work on a holiday observed by the employee's department or dIVIsIon, the employee shall be paId overtime for all hours worked on the holiday In addition to holiday pay. If the employee works on an authOrized holiday, the actual number of hours worked on the holiday shall count towards the forty (40) hours for the purpose of calculating overtime for the work week. In the event a Communications Operator In the Police Department or Fire Department IS required to work overtime on an emergency basIs, all paid leave time shall count towards the forty (40) hours. For employees covered herem who hold permanent pOSitions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or his/her designated representative Overtime shall be paid for hours worked on Sunday. It IS the mtent of the City to assign Sunday work on a volunteer basIs. However, In the event there are not enough volunteers to staff the Sunday work at the Library, the work will be aSSigned on an eqUitable basIs among employees. All authOrized overtime shall be compensated With 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 Instead of cash payment, an authonzed management departmental official may grant compensatory time off at the rate of one and one-half (1-1/2) hours off for such overtime prOVided that such compensatory time off can be granted Within the fiscal year In which It IS earned. If compensatory time IS accrued and not taken by June 30 of any fiscal year, It Will be paid to the employee at the rate earned There shall be a reasonable effort to dlstnbute overtime eqUitably among employees m the applicable Job claSSification m an operational work group. Additional work aSSigned to an employee, permanent or temporary (as-needed), which bnngs the employee's total work hours to forty (40) hours for the work week Will not be conSidered an overtime assignment under this prOVISion. If an employee believes he/she has been Improperly denred overtime assignments, such claims may be processed through the grievance procedure. In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day compnsed of more than eight (8) hours, the employee Will have the option of working the additional time reqUired, on a straight-time baSIS, dUring the applicable seven-day work week, m order to receive a full day's pay for the day m question. Paid leave time would mclude vacation, Sick leave or personal leave days. In no event may an employee's work schedule be changed to avoid the payment of overtime unless the employee Initiates the schedule change. 18 Section 2,04 Shift Differentials Shift differentials shall be as follows: A Seventy-five cents ($0.75) per hour for all hours worked on the shift for employees whose regular schedule requires that the employee work at least four (4) hours between 4:00 p.m. and 12:00 Midnight, subject to Subsections C, D and E below B Ninety (901 cents per hour for all hours worked on a shift for employees whose regular schedule requires the employee to work at least four (4l hours between 12:00 Midnight and 7.00 a.m , subject to Subsections C, D and E below. C, If any employee qualifies under both Subsections A and B above, Subsection B shall prevail D Shift differentials are not applicable when scheduled hours are compensated as overtime E. Shift differentials are not applicable when the employee IS working the above hours as part of a "spilt shift." "Split shift" IS defined as: a shift of eight (8) or more hours In a Single day, separated by a break of at least three (3) non-working hours dunng the shift Such employees shall be pard the applicable shIft differential, established In Subsections A or B above, only for the hours actually worked on that shift. F. If, dunng the term of th,s Agreement, a hIgher mght shIft dlfferent,al,s proVided by the City Council to any other bargaining Unit, employees covered herein shall receive the higher rate Section 2.05 Standby Pay A, Regular Standby An employee required to serve on standby duty shall be paid a bonus of twelve and one-half percent (12.5%) of his/her base salary for those hours he/she IS serving on standby duty Employees who are required to use their personal vehicles for standby response Will be compensated at the City's mileage rate for miles actually driven In response to a standby call. If the employee IS called In to work, upon being notified to report 19 to work, he/she will no longer receive standby pay and will be compensated for hours worked at the appropriate regular or overtime rate. If the employee should then go back on standby duty, he/she wIll receive standby pay for the remaining hours he/she IS on standby duty. By no later than July 1. 1999. a JOint labor-management committee shall be established to review standby pay and develop gUidelines whIch wIll be used to administer the standby pay prOVISion. B. Court Standby Whenever an employee has been placed In an on-call or standby status while off duty In response to a subpoena or directive m relatIOn to a matter that arose dUring the course and scope of employment, the follOWing shall apply 1 . For (1) the first court sessIon (either morning or afternoon) durmg a calendar day and (2) the second court session dUring a calendar day where the required court appearance IS In connectIOn With a different matter than was Involved In the first court appearance, employees shall receive compensation as follows' a Employees who are off-duty for the entire penod of the court session shall receive an amount equal to three (3) hours of compensatIon at the straight time rate. b Where the standby or on-cali assignment commences wlthm three (3) hours prior to the beginning of the employee's regularly scheduled work Shift, the employee shall receive compensation at the applicable hourly rate of pay for all time transpiring between the commencement of the standby or on-call assignment and the time the regularly scheduled work shift was scheduled to begin, c. The prOVISIons of thiS Section shall apply If a standby or on- call assignment that IS scheduled to occur on an employee's scheduled day off (including, for example an approved vacatIon) IS canceled less than twelve (12) hours In advance of the time the assignment IS scheduled to begIn. d. The prOVISions of thiS Section shall not apply If a standby or on-call assignment that IS scheduled to occur on an 20 employee's scheduled work day IS canceled any tIme prior to the commencement of the standby or on-call status. 2 For the second court session In connection with the same matter on that calendar day, the employee shall receive compensation on an hour for hour basIs at the straight tIme rate. 3. Employees who are called Into court after having been m an on-call or standby status shall be compensated as follows a. An employee who IS required to appear In court dunng the Initial court session on a calendar day that the employee IS placed In an on-call or standby status shall receive appropriate premium overtime compensation as prOVided In Section 2.03 of this Agreement as If the court appearance began at the time the on-call or standby assignment commenced. b An employee who IS In an on-call or standby status dunng the first and second court sessions and IS reqUired to appear In court dUring the second court session shall receive straight time compensation for the first court session In accordance With paragraph A.1 of this Section and shall receive appropriate premium overtime compensation for the second court sessIOn In accordance With paragraph C.1 of this Section. Section 2.06 Skill Pay & Bonuses The follOWing prOVISions eXist for added payment for speCial work assignments: A ICBO Certificate -- Building Inspectors, Semor BUilding Inspectors, Senior Electncal Inspectors and Senior Plumbing/Mechanical Inspectors, shall receive an additIOnal $5000 per month If they receive an International Conference of BUilding OffiCials certificate as a combination Inspector. Senior Electrical Inspectors and Senior Plumbmg/Mechanlcal Inspectors shall receive an additional $25 00 per month If they receive a certificate In their speCialty from the ICBO. Employees receiving such certification must maintain certificatIOn to continue to qualify for the bonus Such training or courses are subject to TUItIOn Reimbursement. 21 B. Scuba Dive Pay -- Whenever the Public Works Inspector IS required to scuba dive In the course of assigned duties a skill bonus of $45.00 per month shall be paid for any month dUring which the employee has performed such diving. This benefit is payable only If annual re-certlflcatlon IS attained and If the employee has been assigned to scuba dive. Pier and Harbor Guards who are required to scuba dive In the course of assigned duties shall be paid a bonus of $75.00 per month for any month dUring which the employee has performed such diving This benefit IS payable only to Guards with valid SCUBA certification cards, including regular re-certlflcatlon, and If the employee has been assigned to scuba dive. C. Supervisory Differential -- A supervisory differential of 2.7% shall be paid to employees who are assigned to regularly supervise other employees In the same Job classification and who are not covered under the terms of Section 2 07 (Pay for Serving In a Higher Job Classification) herein. D Shorthand Bonus -- Where shorthand IS determined to be a bona-fide reqUirement of a pOSitIOn In the Staff Assistant Job series, an additional $50 00 per month shall be Included In the compensation of the indiVidual who holds the pOSition and can take dictation at seventy-five (75) words per minute. Recertification of thiS shorthand skill may be reqUired from time to time through examination administered by the Personnel Department E TYPing Bonus An employee OCCupYing the classification of Staff Assistant I, Staff AssIstant II, Staff Assistant III, Staff Assistant IV, Administrative Staff Assistant, or Transcriber TYPIst whose typmg speed exceeds that required for the pOSitIOn by twenty (20) words per minute or more shall receive an additional $50.00 per month. An employee occupYing the classification of Fiscal Staff Assistant I or Fiscal Staff Assistant " who, under the terms of thIS section, was receiving a typmg bonus as of June 30, 1994 shall continue to receive said tYPing bonus as long as he/she holds the position In question and continues to be recertified. Recertification of thiS skill may be required from time to time through examination administered by the Personnel Department 22 F Bilingual Bonus -- Qualified employees who meet the criteria set forth herem shall receive a bilingual skill pay of $50 00 per month To receive bilingual pay the following criteria must be met. (1) The employee must be assigned to speak or translate a language In addItIon to English. This may Include specialized commUnication skills such as sign language. (2) An employee must regularly utilize such skills dUring the course of his/her duties or upon request of City management. (3) To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. (4) Recertification of this skill may be required from time to time through examinatIOn administered by the Personnel Department An employee who has not been certified and qualified and IS not receiving bilingual skill pay will not be reqUIred to utilize this skill except on an occasional basIs. If an employee qualifies for bilingual bonus for Spanish and IS required to regularly use said skill dUring what are determined by the Personnel Department to be emergency or emergency-related situations, he/she shall receive an additional $50 00 per month, for a total of $100 00 per month Any employee covered hereIn who, as of January 1, 1995, was receiving $100 00 per month as a bilingual bonus for Spanish will continue to receive the higher bilingual bonus as long as he/she IS eligible to receive said bonus. G. Maintenance Workers and Sewer Maintenance Workers assIgned to the sewer crew for pen ods In excess of one month shall receive a bonus of 5 4% above their regular rate dunng the period of such assignment. This section supersedes the prOVISions of Resolution No 37508 (CCS), H Sanitation Truck Drivers and Recycling Workers assigned to one-person trucks shall receive a $1 00 per hour bonus for all hours worked In such assignment. I. 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. 23 J. A Water Treatment Operator who obtarns a Grade III, Grade IV or Grade V Water Treatment Operator certification from the California Department of Health Services shall receive a bonus of $25.00 per month for each certification received. K. A Staff AssIstant IV rncumbent who, as of June 30, 1994, was receiving an additional bonus of $50.00 per month which IS not covered by any of the other bonus/skill pays listed rn this section of the MOU, shall contrnue to receive said bonus as long as he/she holds the same Staff ASSistant IV pOSition In the event the Staff ASSistant IV positIOn rn question becomes vacant or the current reCipient of this bonus should obtain another position In the City, Staff ASSistant IV or otherwise, the bonus will be ellmrnated L EMT Bonus A Communication Operator assigned to the Fire Department who obtains an EMT-1 F,S. certificate or Los Angeles County ParamediC certification shall be eligible for a bonus of $100.00 per month. In order to marntarn this benefit, the CommUnications Operator must mamtam a current certification. A Pier & Harbor Guard who obtains an EMT -1 F. S. certificate or Los Angeles ParamediC certificatIOn and, as a part of his/her assigned dutIes, IS required to use said certIficate or certification shall be eligible for a bonus of $100.00 per month In order to retain thiS benefit, the Pier & Harbor Guard must malntarn the certification. M. Each employee who holds the pOSItion of Communications Operator II In the Police Department will be required to obtam and mamtaln a POST certification by the end of his/her twelve-month probationary period Incumbents m those pOSitions as of June 30, 1998 Will be given until July 1, 2000 to obtain the POST certIfication. Upon obtamrng a POST certificatIOn, the employee Will be eligible for a bonus of $100 00 per month In order to retain thiS benefit, the Communications Operator II must malntarn the certificatIOn. N. Back-Flow Certification Bonus - a Plumber or Lead Plumber who obtains a back-flow certification and, as a part of his/her assigned duties, IS required to use said certification shall be eligible for a bonus of $100.00 per month In order to retam thiS benefit, the Plumber or Lead Plumber must maintain the certification o An MEA employee who, as of June 30, 1998, was recelvmg a bonus for a NAISE certification shall contmue to receive said bonus as long as 24 he/she holds a posItion In the same Job classifIcatIon In the event said employee assumes a position In a different Job classification, through a promotion, demotion or transfer, the bonus will be discontinued. P. A Groundskeeper who, as of June 30, 1998, was receiving an additional bonus of 2.7% which IS not covered by any of the other bonus/skIll pays listed In this section of the MOU shall continue to receive said bonus as long as he/she holds a Groundskeeper pOSition. In the event the employee assumes a position In a different Job classification, through a promotion, demotion or transfer, the 2.7% bonus will be discontinued. Q An 1.0. Techmclan who obtains an Expert Fmgerprmt Certification and, as a part of his/her assigned Job duties, uses said certificatIOn shall be eligible for a bonus of $100.00 per month. In order to retam this benefit, the I.D. Technician must maintain the certification. R ASSignments to and from the bonus situations described above are not promotions or demotions as described In the Mumclpal Code and are, therefore, not subject to appeal to the Personnel Board. Section 2.07 Pay for Serving in a Higher Job Classification When, In the determination of the department head, It IS necessary to assign duties and responSibilities of a position classification higher than those normally performed by an employee due to the temporary absence of an employee In a 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 additIOnal seventy-five (75) cents per hour for all such hours aSSigned. B If the pOSition to be filled IS vacant and there IS no valid eligible list for that pOSition claSSificatIOn, 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 of the salary range established for the higher claSSification which prOVides an Increase of at least five (5) percent over his/her current salary rate. 25 If the department head elects to make a temporary appointment to a vacant position, he/she shall abide by the rules and regulations regarding temporary/acting appointments which have been adopted by the Personnel Board to Implement the sections of the Santa Monica MUnicipal Code pertaIning to temporary appointments (Exhibit B) 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 In 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. Section 2.08 Promotional Pay Rate If a permanent employee covered herein IS promoted to a position In a higher Job claSSificatIOn, the employee's salary shall be set at the salary step In the salary range established for the higher 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 claSSificatIOn. A reclassification of a permanent employee covered herein to a higher level Job claSSification will 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. Section 2.09 V-Rating When a personnel action, (e.g , a demotion due to layoff or a reclassification) results In an employee being placed In a Job claSSification which has a lower salary range, the employee's salary will be Y-rated "Y-rated" shall mean the maintenance of the Incumbent employee's salary rate at the level effective the day preceding the effective date of the personnel action plaCing the employee In the Job claSSification which has a lower salary range. The employee's salary 26 shall remain at such level until the salary range of the new lob classification equals or exceeds the V-rated salary. Section 2.10 Call Back Pay Should the City call back any full-time employee covered herern before or after his/her normal workrng hours to perform work, the City shall pay not less than two hours of pay at time and one-half (1-1/2) the employee's base rate of pay regardless of time actually worked as a result of being called back to work to perform services for the City 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) his/her base rate of pay for all hours worked during the next regularly scheduled shift. However, If It IS determrned 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 shift. The employee, however, Will have the option of usrng applicable accrued leave time to cover the number of hours that he/she would have been regularly scheduled to work on that shift. 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 MOU If he/she IS called back to work after the end of his/her regularly scheduled shift and 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 prOVIsions of thiS Section would not apply, A IOlnt labor-management committee shall be established to review call back pay and develop gUidelines which Will be used to administer the call back pay proviSion. Section 2.11 Report Pay Any regularly scheduled full-time employee who reports to work for his/her normal work schedule, but IS released due to insuffiCient work. shall receive a 27 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. The provIsions of this section shall only apply If the employee does not receive 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 Actual hours worked shall be used for the purpose of calculating overtime under Section 2.03 of this Agreement, Section 2.12 Pay for Training An employee covered herem who IS specifically assigned by the supervisor to train a new employee In the rules, regulatIOns and procedures of the Department and the duties of the new employee's positIOn, who may be expected to communicate the new employee's progress to the supervIsor, shall receive a training bonus of seventy (70) cents per hour for each hour worked while so assigned provldmg that the employee's classificatIOn specification does not reference training or supervIsion/lead responsibilities. The training assignment shall be limited to two (2) consecutive work weeks unless authorization to exceed two (2) work weeks IS given by the employee's Department Head The assignment to train a new employee will be given 10 wrltmg and will be submitted to the Personnel Department for processmg. It IS not the City's mtentlon to avoid payment of this bonus where appropriate, however, the bonus does not apply to mformal "mentor" relationships which may evolve between veteran and new employees or to occasIOnal requests to onent a new employee to a piece of equipment or a procedure where the task can be accomplished In a day or less. In addition, an employee aSSigned to train a new employee who has been hired as a student mtern or as a temporary employee under the City Youth Employment and Tralnmg Program will not be eligible to receive the pay for tralnmg bonus Section 2.13 Filming Assignments Employees covered herein who are aSSigned to perform duties for fllmmg companies filming on location within the Santa MOnica city limits shall receive a minimum of eight (8) hours pay at overtime compensation for all hours worked under the terms of Section 2.03. The parties hereto agree that the City may Include as charges or fees to the filming company administrative overhead costs Such assignments are expressly conditioned upon the fllmmg company agreeing to pay to the City all costs for and relating to the assignment of such employee including, but not limited to, worker's compensation Insurance 28 premiums for the purpose set forth In this Section Employees shall have the right to volunteer for this assignment by causing their names to be placed on an availability list Assignments shall be made from the list on a rotating basIs to employees who are qualified to perform the duties required for the filming assignment, However, If an inSUfficient number of volunteers are available from that list to serve a particular proJect, the City may assIgn any qualified employee(s) who are willing to work such proJect. The Police Department shall supply the necessary two-way radiO commUnication between the employee and the Police Station and transportation from the station to the filming site. Subject to the provisions of this Section, the administration of this program shall be performed by the City at ItS discretion and this Section shall be promulgated as Police Department rules and regulations Employees who are given filming assignments shall receive a bonus of $50.00 for each day assigned to movie overtime. ThiS proVIsion of the MOU shall only apply to employees represented by MEA as long as employees covered by the Santa MOnica Police Officers' Association (SMPOA) MOU are eligible to receive thiS benefit. 29 ARTICLE III: SUPPLEMENTAL BENEFITS Section 3.01 Health Insurance Proj:Jrams A Medical Insurance Effective July 1, 1998, 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 medical Insurance programs. The cost of medical Insurance coverage will be set each January 1 st and will be a "composite" monthly Insurance premium derived by dividing the total monthly Insurance premium for all medical plans offered by the City, except the PERS medical plans, by the total number of employees enrolled in said medical plans as of January 1 st. Any extra payment required under such plans shall be paid by the employee electing such coverage. Effective July 1, 1999, and July 151 of any year thereafter, the maximum amount up to whIch the City agrees to pay towards the cost of medical Insurance coverage will be equal to the highest medical Insurance premium contribution cap established for any of the City's other bargaining Units, excluding any premium contribution cap established for bargaining Units who participate In the PERS medical plans. The same terms and conditions outlined In the first paragraph of this Section will stili apply. In the event that the contribution "cap" does not cover the cost of medical Insurance coverage for employees and eligible dependents, the City agrees to meet and confer with MEA, If the City wishes to Implement changes In the current levels of coverage provided under the City-offered medical plans, and If said changes are at the volition of the City, the City must meet and confer with MEA. Any mandatory, non-optional change/s) In coverage levels reqUired by medical Insurance carner/s) Will not be subject to the meet and confer process The City and MEA agree that employees should benefit from any premium savings which accrue from the Implementation of a new health Insurance program (Triple Option Plan and 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 distributed: 30 (1) The actual medical Insurance premium costs for 1 993 for non- safety employees shall be compared against the City's actual premium costs for the new Triple Option Plan and Kaiser for those same employees. (2) If there should be any premium savings 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. Prior to this payment, the City Will meet and confer With MEA and the other City bargaining umts to determine the method by which said payment Will be made (e g . lump sum, contribution to deferred compensation plan, etc.l. In the event the actual medical Insurance premiums for the Triple Option Plan for 1994. 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. Should either the state or federal government pass legislation mandating all employers to partiCIpate In a natIonal or stateWIde health care plan, It IS agreed that the City Will meet and confer With MEA regarding the Implementation of that legislation and the Impact that said legislatIOn Will have on mandatory subjects of the meet and confer process, B. Dental Insurance Dental Insurance coverage shall be prOVided at no cost to 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 that plan Without meeting and conferring At the earliest pOSSible 31 date following ratification of this Agreement by both parties but by no later than July 1, 1999, City-paid VISIOn care Insurance shall be extended to the eligible dependents of employees covered herein provided that the employees participate In the City-offered VISion Insurance program. Section 3.02 Retirement The City IS a contract member of the Public Employees' Retirement System (PERS), and It IS understood and agreed that such membership Will be maintained and the employee eligibility, claSSification, contributIOns, and benefits are as prescribed In the contract between the City and the Public Employees' Retirement System heretofore approved by the Santa Monica City CouncIl. These payments are not Increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City Will not treat these payments as ordinary 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 employee so that they Will be credited to the particular employee's indiVidual account With 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 observe the prOVIsions of Section 1.10 (Vahdlty of Memorandum of Understandmg} of thiS MOU. In addition, MEA shall have the option of haVing the City Implement what IS referred to as the PERS on PERS option, whereby the CIty of Santa MOnica, as allowed by Government Code Section 20636(c1l4), would report to the Public Employees' Retirement System (PERS) as compensation earnable the monetary value of normal contributions paid by the City on behalf of each employee covered by thiS MOU (hereinafter referred to as the EPMC) pursuant to the prOVIsions of Section 20691 of the California Government Code, as deSCribed above In thiS Section. In return, for employees covered herein, there shall be deducted from the net Income of each employee the added cost to the City resulting from paYing employer and employee retirement contributions on the EPMC, which IS an amount equal to the product obtained by multiplYing the value of the EPMC by a percentage equal to 7% plus the City's prescnbed contribution rate to PERS(whlch IS subject to annual adjustment). If MEA elects to have the City Implement the PERS on PERS option, as Indicated by written notification from MEA to the City, the PERS on PERS option Will be 32 Implemented as soon as It IS possIble to do so wIthin the constraints of the City's payroll system. As soon as possible following the ratification of this Agreement by both parties, the City shall amend Its contract with the Pubhc Employees' Retirement System IPERS) to provide, at no additIOnal cost to employees covered herein, the Third Level of 1959 Survivor Benefit for Local MISCELLANEOUS PLAN members Section 3.03 Tuition Reimbursement The City and MEA agree that education and training may enhance an employee's job performance and prepare the employee for career advancement within the CIty. To that end, the City and MEA encourage employees to take advantage of City-sponsored training programs and the tUition reimbursement program which provides an incentive to take courses on the employee's time. The employee and his/her supervisor should document objectives for training and education during the annual performance review. These objectives should form the basIs for selection of specific training semmars and academic or technrcal courses dUring the course of the fiscal year In any fiscal year dUring the term of this MOU, employees covered herem shall be entitled to tramlng and tUitIOn reimbursement on the follOWing basIs: A One (1) CIty-paId tramlng course supported by performance evaluation obJectives, to be scheduled at the Department's convemence durmg work hours, either on or off-Site. The cost of said tralnrng course shall not exceed $1 00 00 unless the department approves It If an employee Wishes to take a particular tralnmg course that IS only available either dUring a work shift or on a work day an employee IS not regularly scheduled to work, reasonable efforts Will be made to temporarily change the employee's work schedule so that he/she can take the training course dUring work hours. The City, however, Will be under no obhgatlon to change the employee's work schedule so that he/she can take a particular tralnmg course If dOing so would result In the payment of overtime, either to that employee or to another employee If an employee believes he/she has been unreasonably demed the opportumty to take a training course which IS scheduled outside of the employee's regular work hours, he/she can file a grievance In accordance With Section 6 05 (Grievance and Complaint Procedurel of thiS Agreement. 33 B NotificatIOn to employees of special City-conducted classes held In conjunction with examinatIOns for non-traditional Jobs. These classes may be scheduled durrng work or non-work time. C. Reimbursement of up to $1,000 00 per fiscal year for educational courses supported by performance evaluation objectives, and related study materrals (exclUSive of parking, room and board] on the follOWing basIs: (1 ) The course must be approved by the Department Head and Personnel Director and must be consistent with the career development objectives of the employee's most recent performance evaluatIOn (2) The study course must be directed to qualificatIOn for an employment position represented In the City work force or to enhancement of the employee's current job performance. (3) The employee must exhibit some reasonable expectation of qualifYing for another City positIOn upon successful completIOn of the study course If that was the reason for enrollment. (4) Reimbursement shall be made only successful completion of prescribed unrts study course approved. In Installments upon of study reqUired by (5) In the event a portion of the tUition and study materral IS paid by an outside source of aid, the Crty's rermbursement shall be limited to the difference between the cost of the course less the amount of outside aid up to the maximum reimbursement herein provided. (6) Only employees probationary period program. who have completed their Initial With the City shall be eligible for thiS (7) Courses for which tUitIOn reimbursement Will be made must be taken on the employee's time or on authorrzed vacation leave. (8) The procedure to be followed With regard to the administration of the tUition reimbursement program shall be established by the Personnel Department. 34 D. The City Will maintain a computer record of each employee's training and tUition reimbursement course completions, which record shall be made available to the employee for use In making application for other City positIOns. Section 3.04 Deferred Compensation It IS hereby agreed that employees covered herein will be offered participation In the City's deferred compensation plan. The City agrees to contribute, on behalf of each employee covered herem who IS participating In the plan, the amount the full-time participating employee IS contributmg to the plan except that the City's contribution to the plan shall not exceed twenty-five dollars ($25 00) per month for each participating employee. Each part-time employee shall be eligible to receive said deferred compensation plan contribution by the City on a pro-rata basIs In the same proportion as the number of hours budgeted for the part-time pOSition bears to the full-time forty (40) hour work week. Section 3.05 Uniform Allowance A. Each regular full-time or permanent and continUing part-time employee covered by the prOVISions of thiS MOU, If required to wear a uniform and such uniform IS not furnished by the City, shall receive a monthly Uniform allowance of $40.00, and shall provide and wear at all times while on duty the uniform prescribed by their respective Department Heads. In addition to the monthly uniform allowance desCribed In the first paragraph of Subsection A above, the City shall prOVide one (1) complete Uniform prescribed by the department as well as the equipment required for the pOSitIOn, as speCified by management, to each newly hired employee In the follOWing Job claSSifications: Pier and Harbor Guard, CommunicatIOns Operator II, Parking Checker, Community Services Officer I, Community Services Officer II, Park Ranger, Animal Control Officer, Airport Security Guard, Identification TechniCian I, IdentificatIOn TechniCian II, Police Records TechniCian and Jailer In additIOn, prOVided that receipts are presented to the Administrative Services Captain for approval at the time of purchase, the City Will reimburse employees who hold pOSitions In those Job claSSifications for the necessary replacement of one (1) uniform shirt and pants, or, In lieu thereof, other department 35 pre-approved equipment of equal value annually and one (1) uniform Jacket every five (5) years. In the event an employee covered by thiS section assumes a different positIOn In one of the other Job classifications covered by Subsection A, the City shall provide the employee with the uniform and equipment required for the position, as specifIed by management. In the event an employee covered by Subsection A of thiS section assumes a different work assignment In his/her current Job classification, the City shall provide the employee with any new uniform and/or equipment Items required for that work assignment, as specified by management. B. Upon request, the City agrees to furnish and maintain coveralls to those employees who are requIred to do work that may cause damage to their personal clothing C. Except for those employees receiving a Uniform allowance or coveralls as provided In A and B above, the City shall provide 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 shall prOVide not less than one (1) pair of safety shoes annually With said safety shoes to be supplied by a City-deSignated vendor, In the event that an employee's safety shoes become worn or damaged to such a degree that they are no longer adequate from a safety standpOint, the City shall prOVIde another pair of safety shoes. E. Employees who are required to wear Uniforms while on duty shall wear such uniforms at all times while on duty. Section 3,06 Tool Allowance Employees occupymg the line-Item Job claSSifications of MechaniC II, MechaniC I, Transportation MechaniC II, Transportation MechaniC I, Welder Fabrtcator, Carpenter, ElectriCian and Plumber may be reimbursed for tools reqUIred, as determined by the City, for work performed for the City up to a maximum three hundred dollars ($30000) per fiscal year. Reimbursement Will be made after the employee submits necessary receipts to his/her supervisor and the supervisor approves the reimbursement by requesting a warrant for payment. If the City prOVides the employee With all of the tools reqUired to perform 36 his/her Job, as determIned by the CIty, the employee wIll not be eligIble to receive a tool allowance. In the event that the personal tools and/or tool boxes of the employees covered by this Section which are required to perform their duties are destroyed by earthquake or fire at the Job site or are stolen 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 supervisor's office a current Inventory of his/her tools and tool box which are at the work site. The employee IS responsible for providing his/her supervisor with an up-to-date Inventory of his/her personal tools and only those tools on the Inventory list, 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. Section 3.07 Mileaqe Reimbursement Reimbursement to employees for authOrized use of personal automobiles on City business shall be at the rate established by the City CouncIl. Santa MOnica Municipal 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 mileage reimbursement form, a record of his/her tnps (home to work Site, or work site to home) dUring the preceding month. The Santa MOnica MUniCipal Bus Line route number and the bus number used for each trip must be entered on the reimbursement 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. $,ection 3.08 Sick Leave Buy Back Employees 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 Payment at the employee's base salary for the fiscal year dUring which the sick leave was earned but not used, excluding any special assignment or bonus pay, shall be made only to employees on the payroll as of June 30 of that fiscal year. To qualify for payment an employee must have a sick leave "bank" of twelve (12) days. For the purposes of thiS Section, "bank" shall mean sick leave earned In prior years and reported In the "Sick Leave 37 Balance Brought Forward from Prior Contract Year" column of the "Vacation, Sick Leave and Compensatory Time" report Issued by the Finance Department 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 In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual Sick leave payoffs under this Section for employees With ten (10) or more years of service shall be made according to the follOWing schedule, providing there are enough Sick days accrued In the employee's Sick leave bank to cover the payoff described below: Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 1 o It IS mutually acknowledged by the parties that the use of Code 40 or other paid time off which was not appropriately scheduled In advance Will disqualify 38 an employee from eligibIlity 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 vacation leave, compensatory time or personal leave day hours, to supplement 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"). Section 3.09: Long Term Disability Insurance The City agrees to maintain a long term disability Insurance plan for permanent employees covered hereunder at no cost to the employee There shall be no reduction In the long term disabilIty payment the employee IS entitled to receive unless said changes are mandated by the long term disability Insurance plan provider. The waiting period for long term disability benefits for an employee who qualifies for said benefits shall be sixty (60) days. The long term disability Insurance benefits Will be equal to 60% of either the employee's base salary or $6,667.00 per month, whichever amount IS less, reduced by the employee's Income from other sources, including payments received from State Disability Insurance coverage. Section 3.10: State Disability Insurance As soon as possible but by no later than July 1, 1999, the City shall contract for State Disability Insurance coverage for employees covered herein. Said coverage shall be at City expense. Eligibility for benefIts proVIded under said plan shall be subject to the waiting penod reqUired by the State. 39 ARTICLE IV: LEAVES Section 4.01 Holidays Employees covered herein shall receive paid holidays as hereinafter provided: 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 In 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 The half day Immediately before Christmas Day Christmas Day The half day Immediately before New Year's Day One (1) floating holiday All other holidays declared by City Council In addition, the Library shall close by no later than 5.30 p.m. on the day before the Thanksgiving holiday and the day before the New Year's Day holiday. A floating holiday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. Only those employees who are on the payroll at the beginning of the fiscal year shall be entitled to receive a floating holiday for that fiscal year. If taken off, a floating holiday must be used In lieu of a regularly scheduled work day and cannot be taken off In hourly Increments A floating holiday not taken by the end of the fiscal year shall be paid to the employee on the final paycheck at fiscal year end. 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 at the employee's straight-time base salary rate of pay. 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 diVISion, prOVided, however, that the same number of holidays (12) shall be observed. Whenever any day listed 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 40 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 third 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, and 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 listed. Whenever any day listed herein as a 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. Whenever any day listed herein 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 holiday. 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 holiday must be taken by the end of the fiscal year In which It IS granted to the employee or be forfeited. Time worked on an authOrized paid holiday shall be paid In accordance With Section 2.03 (Overtime) of thiS Agreement Employees of the Solid Waste and Transportation Maintenance DIVISions 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 (temporary) 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 Solid Waste DIVISion who are required to work on holidays listed above shall be paid according to the applicable overtime prOVISion or have the option of (1) requesting an alternate work day off Within the pay period, or (2) banking the day for use or payoff before the end of the fiscal year. The approval of a speCific alternative day off shall be at the discretIOn of the diVISion superintendent. If an employee IS scheduled to work on a holiday and falls or refuses to appear for duty, or calls In Sick and cannot verify the Illness With the appropriate 41 medIcal documentation, he/she will forfeit any compensation for the day, including holiday pay, Sick leave pay, or other compensation. Section 4.02 Vacation Leave Each employee occupYing a regularly authOrized line-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 1 st SIX (6) calendar months of continuous serVice, SIX (6) working days. B. Thereafter, up to and including five (5) completed years of serVice, one (1) working day for each completed calendar month of service C. Upon completion of five (5) years of service and up to ten (10) completed years of serVice, 1.25 working days for each completed calendar month of service. D. Upon completion of ten (10) years of service and up to fifteen (15) completed years of serVice, 1 5 working days for each completed calendar month of service E. Upon completion of fifteen (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 defined as a calendar month In whIch the employee has been In pay status for eleven (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 limitations on the accumulations, proportionate accumulation, scheduling and payment for such leave shall be as preSCribed In the Civil Service prOVISions of the Santa MOnica MUniCipal Code. 42 Section 4.03 Sick 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 herem, except as follows: Sick leave shall be defined as absence from duty because of the employee's Illness or an off-the-Job or on-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 superVisor, or illness or InJury of any member of the employee's household. B Each Incumbent 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 serVice, SIX (6) working days. Thereafter, one (1) 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 C No more than one hundred thIrty (130) working days may be applied against Sick leave for anyone (1) Illness D 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 In accordance WIth departmental rules and regulations. E. In the event that a Sick day falls on a regularly scheduled work day for which the work hours exceed eight (8) hours, the employee Will have the option of working, at straight-time, the number of hourIs) needed to supplement the eight (8) hours of Sick leave pay so that the employee Will receive pay for the total number of regularly scheduled hours for that day. The extra time worked by the employee shall be worked dUring the work week In which the Sick day falls 43 Section 4.04 Leave of Absence Without Pay An employee covered herem may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager A leave of absence may not exceed one (1) year's time Upon eXpiration of the leave, the employee shall be remstated 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 It desirable for the City to retain his/her services even at the cost of some inconvenience to the City. Unless prohibited by the Family Medical Leave Act, or Similar state and/or federal legislatIOn, the employee's service date shall be adJusted for unpaid leaves of absence which exceed thirty (30) calendar days, With the employee's service date being moved forward by the same number of days as the unpaid leave of absence. In the event a permanent employee separates from the City but IS rehired Within twelve (12) months, the break In service between the last date of employment and the date on which the employee IS rehired Will be treated as an unpaid leave of absence for the purpose of establishing the employee's service date With the City. Section 4.05 Military Leave The City Will observe the military leave requirements of State and Federal law. Section 4.06 Workers' Compensation Leave Any employee covered herein who IS receiving disability payments under the "Workers' Compensation Act of California" (for on-the-Job InJunes sustained while engaged in the performance of the duties of any such City pOSition) shall receive from the City during the first SIXty (60) days of such dlsablhty absence, payments In an amount equal to the difference between the disability payments received under the Workers' Compensation Act and the employee's full salary. Such payments by the City shall be made Without any deduction from accrued Sick leave benefIts The City's obligation to make such payments shall not commence until the third (3rd) day of such disability absence. An employee shall be allowed to use available accrued Sick leave to cover the first two (2) days of such dlsablhty absence In the event the employee's dIsability absence should exceed sixty (60) days, an employee shall be allowed to supplement the Worker's Compensation benefit received under State law With available accrued Sick leave, accrued vacation leave, accrued compensatory time The total number of leave hours, along With the Worker's Compensation benefit, shall not 44 exceed the employee's base pay for each day of leave. For this purpose, accrued leave hours can only be used in one-hour mcrements. Section 4.07 Jury Duty Employees 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 time required to be spent In court provided that an Individual employee will be so paid for Jury service only once every three (3) years and shall make every effort to cooperate With any request by the Department Head to request a delay In Jury service to accommodate Important department work In progress Each employee receiving a notice to report for Jury service shall Immediately notify his/her Immediate supervisor Whenever dally Jury duty scheduling permits, employees shall return to their regular dally Job assignment to complete their regular dally work hours. Where operationally possible, any employee covered herein called to Jury duty shall, for administrative purposes, be placed on a Monday through Friday schedule, which Incorporates the operational hours of the court, for the duration of his/her Jury duty. In the event that either the State or Federal court system change current policy which excuses from Jury service those employees who do not receive full compensatIon from theIr employer during the full penod of Jury serVIce, regardless of frequency, the parties Will meet and confer over the Impact of thiS change on employees covered hereunder. Section 4.08 Bereavement Leave Bereavement leave of not more than five (5) workmg days With pay shall be provided for absence from duty due to the death of a member of the employee's family or the employee's household For the purposes of thiS section, "family" shall Include spouse, child, brother, Sister, parent, parent-In- law, son-in-law, daughter-in-law, step-parent, step-brother, step-sister, grandparent, grandchild, spouse of child, spouse of step-child, step-parent of spouse, uncle, aunt, niece and nephew 45 Section 4.09 Personal Leave Days Four (4) days of personal leave each fiscal year may be used for personal matters. As of July 1, 1999, one (1) day of personal leave, eqUivalent to one (1) working day, as defined m Section 1.13 of this Agreement, shall accrue at the beginning of each quarter. This leave shall be granted In unIts of not less than two (2) hours. This leave shall not be accruable from year to year If not used In any given fiscal year Scheduling of days off shall be done with prior approval of the employee's superVisor, providing that request for time off shall not be unreasonably denied. Denials of time off shall be In writing and shall state the reason(s) for the denial and shall propose alternate dates for the time off that has been requested. The employee may agree to the proposed alternate date(s} or make a request for a different day off. The employee shall not unreasonably refuse to agree to proposed alternate daters). The employee shall have the right to challenge the denial of time off through the Grievance Procedure A paid personal leave day shall mean eight (8) hours at the employee's stralght- time base salary rate of pay. Employees covered hereunder who are on a compressed work schedule Will be allowed to use personal leave days In Units of less than two (2) hours for the purpose of supplementing eight (8) hours of paid vacation or eight (8) hours of Sick leave In order to receive a full day's pay Personal leave days cannot be accrued from year to year If not used In any fiscal year and, If unused at the end of the fiscal year, cannot be cashed out unless the employee can demonstrate that he/she was unreasonably denied the time off by his/her supervisor. Refusal on the part of the employee to accept an alternate day off would not constitute a denial of time off by a supervisor If an employee believes that he/she was unreasonably denied personal leave time, he/she shall submit a letter to the Personnel Department prior to the end of the fiscal year requestmg that the unused personal leave time be cashed out. Cash-out of the personal leave time shall be subJect to approval by the Personnel Department. Such approval shall not be unreasonably denied. Section 4.1 0 Parental Leave Employees who demonstrate that they have primary responsibility for the care of a new child, shall be entitled to a leave of absence totaling up to four (4) months Immediately followmg the child's birth or adoption and shall be returned to the same line-Item pOSition occupied prior to the leave upon ItS eXpiration Paid vacation leave and Sick leave, If applicable, as well as 46 unpaid leave shall be counted toward the four (4) month total. Additional leave may be requested under the prOVIsions of Section 4.04 (Leave of Absence without Pay) of thIs Agreement. Maternity leave IS not the same as parental leave and shall be administered In accordance with State and Federal law. When an employee returns to work following maternity leave, said employee shall be reinstated to her former pOSitIOn Section 4.1 1 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 herem. These statutes shall supersede and be Implemented In lieu of any contract language or City policy/practice which proVides a lesser benefit. Before the Issuance of any administrative procedures pertaining to leave under the CFRA or FMLA, the City agrees to discharge ItS meet and confer obligatIOn with MEA When granted family leave, the employee may choose to use available accrued sick leave at his/her dIscretion 47 ARTICLE V: WORKING CONDITIONS Section 5.01 Safety & Loss Prevention The City shall make every reasonable effort to provide a safe and healthy working environment In accordance with applicable State and Federal laws and regulations MEA agrees that where safety devices or Items of protective equipment are reqUired or furnished, their use shall be mandatory. Employees shall report unsafe practices, equipment or conditions to their supervisors. An employee who IS directed to perform a task which the employee has good reason to believe IS unsafe may request an Immediate review by his/her Department Head and the Personnel Director who shall consult With other safety specialists as appropriate DUring the period of review and/or Investigation, the employee shall not be required to perform the task complained of, shall not suffer loss of payor benefits, and, If possible, shall be assigned other appropriate duties. If the task complained of IS deemed safe by the appropriate offiCial, the employee shall then perform the work as Instructed Both parties to this MOU agree to fully support the City's Risk Control Policy. Said polley sets forth the City's commitment to maintaining a safe and healthy work enVironment, to preventing aCCidents and inJuries and minimizing risk and loss wherever possible. Said poliCY outlines the safety responsibilities of the City, City managers and superVisors, and City employees Section 5.02 Performance Evaluations & Effect of Job Performance on Salary The parties hereto agree that one purpose of a performance evaluation IS to record the accomplishments and defiCiencIes With regard to an employee's performance which have previously been discussed by the employee and supervisor dUring the period of time covered by the performance evaluation In addition, the performance evaluation IS an opportunity for the employee and supervisor to discuss what Improvements, If any, must be made by the employee dUring the next evaluation period. It is also an opportunity for the employee and supervisor to set and discuss goals and obJectives for the next evaluation period With regard to the employee's Job performance as well as his/her career development Within the City In the event that an employee does not agree With his/her performance evaluation, he/she can file a grievance under SectIOn 6.05 (Grievance and Complaint Procedure) of thiS MOU. 48 Statements made In an employee's performance evaluatIon shall not be used as a substitute for the documentation of disCiplinary actions. Disciplinary actions, including reprimands and warnings. which become a part of the employee's officIal personnel file may be referenced In the employee's next performance evaluation and may be taken Into account In rating the employee's performance Should an employee file a grievance With regard to any dJsclplmary action which has been taken, said diSCIplinary action cannot be taken Into account In the employee's performance evaluatIOn unless the grievance process has been completed and the diSCiplinary action has become final. Normal progression through the salary range established for a pOSition toward E-step shall be In annual step Increments contingent on satisfactory service. However, the City Manager, In exceptional cases, based upon specifiC appraisal of the Importance and difficulty of the work and the demonstrated performance of the Incumbent, may authOrize speCial salary step Increases above the amount preSCribed m 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 In thiS agreement, there will be no Increase In wages of any kind as a result of a NOT ACCEPTABLE rating on the employee's preSCribed periodiC performance rating. There Will be no subsequent Increases m wages until the NOT ACCEPTABLE has been Improved to at least the SATISFACTORY level. Any overall rating m the BELOW SATISFACTORY category may delay the next scheduled salary Increase at the discretion of the appointing authorrty. Such action shall remam In effect until the overall rating has been Improved to at least the SATISFACTORY level. Section 5.03 Effect of Reassignment/Recertification on Skill/Bonus Pay When a "bonus," "skill," or additional pay referenced In SectIOns 2.04 (Shift Differentials), 2.06 (Skill Pay & Bonuses) or 2.07 (Pay for Serving In a Higher Job ClaSSification) IS the result of assignment to speCified dutIes or hours. or of maintenance of a registration, certificate or other credential, the loss of the bonus, Skill, or additional pay due to the end of the assignment or failure to maintain the required registration, certificate or credential shall not constitute a demotion, pursuant to Section 2.04 680 of the MUniCipal Code 49 Section 5.04 Emclovee Parking 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 Air 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 requirements of AQMD's Regulation XV or the City's Transportation Management Plan Ordinance, It IS understood that the City can Implement a charge for employee parkmg In an effort to meet those reqUirements. In addition, If It should become necessary to charge for parking dUring the term of thiS Agreement In order to comply With any other State or Federal requirement regardmg transportation management, the City can Implement said charge. However, In no event shall the City Implement such a charge for parking Without meeting and conferring With MEA should any employee(s) represented by MEA be subJect to such a charge Section 5.05 Personnel Files A. The City shall maintain one and only one offiCial personnel file for each employee covered herein. Said fIle shall be kept In the City's Personnel Department. B. All personnel actions shall be based solely on the contents of the offiCial personnel file except there shall be no requirement that employee counseling documentation be Included In said file until such time as personnel actions relYing upon the employee counseling documentation IS taken. The employee shall receive a copy of any counseling documentation Within five (5) work days of the date It IS written. For the purposes of thiS section of the MOU, personnel actions shall not Include performance evaluations. C. Nothing herein shall preclude the appointing authOrity from taking disCiplinary action for an inCident for whIch there IS no prior documentation prOVided that said action meets the requirements of Section 6.07 (DISCiplinary Action) of thiS Agreement. D. An employee covered herein shall be entitled to review 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, durmg the regular business hours of the 50 office In which the files are maintained No material shall be placed m an employee's City or departmental personnel file Without having been shown to the employee. An employee may prepare a written response to any such material and such response shall be filed With the original material. Section 5.06 Job Sharing The City of Santa MOnica endorses the concept of Job sharing to encourage the participation of half-time workers In the City Department offiCials shall make reasonable effort to accommodate an employee's request to Job share Upon receipt of a request, the Department may assign the employee to a half- time schedule, if practicable, pending IdentificatIOn of a qualified Individual Willing to occupy the remaining half-time pOSition. If after two (2) months, reasonable effort to recruit an individual to occupy the other half-time pOSition has been unsuccessful, the employee who requested to Job share the POSition must revert back to full-time status If he/she Wishes to retain the pOSition In question. Nothing In thiS prOVIsion shall reqUire a Department to maintain a Job-share In a Situation where a full-time pOSition IS budgeted. An Incumbent of a Job-share may return to a full-time schedule when the other half-time pOSition becomes vacant or by applicatIOn for and acceptance as a transfer to a vacant full-time positIOn. An employee who IS dented a Job-share IS entitled to receive the reasons for denial. Section 5.07 Work Schedules 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, where work schedules need to remain fleXible In order to meet the operational needs of the City The operational areas/departments where work schedules Will need to remain fleXible are as follows: Library, Event FaCIlities, Recreation, Community and Senior Services and Human SerVices. Whenever a vacancy occurs, reasonable efforts shall be made to offer that work assignment to other qualified employees who might Wish to work the work 51 schedule established for the vacant position. In the event more than one qualified employee requests the work schedule change, the qualified employee with the most seniority will be granted the work schedule change. In the event there are no volunteers, management will assign the least senior qualified employee to that work schedule. For the purpose of this section, seniority will be based upon service In the divIsion or work unit, whichever IS relevant. Management shall determine which employees meet the qualifications reqUired for the work assignment. If an employee believes that he/she has been Improperly denied such an assignment, he/she can file a grievance In accordance With Section 6.05 (Grievance and Complaint Procedure) of the Agreement In the event the City Wishes to Implement a work schedule which was not In effect for a given Job claSSification as of July 1, 1994, the CIty will provide MEA With fifteen (15) calendar days' written notice of the proposed work schedule. The City, If a request IS made by MEA, will meet and confer With MEA With regard to the manner In which the proposed schedule will be Implemented. Nothing In this MOU, however, shall preclude the City from Implementing a new work schedule In the event the parties fall to reach agreement by the end of the fifteen (15) calendar day notification period. The transfer of an employee from one work schedule to a work schedule that already eXisted as of July 1, 1994 for that employee's claSSification shall not be subject to the meet and confer process. In those cases where a permanent employee deSires to modify his/her work schedule to accommodate specifIc scheduling 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. The employee's request shall not be unreasonably denied by the Department Head as long as the operational needs of the employee's divIsion/work unit Will stili be met If It 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 fifteen (15) days' notice that his/her modified work schedule can no longer be continued. In the event that the employee cannot change his/her outside schedulmg needs to fit Within 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. 52 If an employee's request for a modified work schedule IS denied and If the employee does not agree with the decIsion that has been reached, the employee can grieve such decIsion under Section 6 05 (Grievance and Complaint Procedure) of thiS Agreement. Failure to successfully transfer an employee under thiS Section Will not be grlevable Section 5.08 Layoffs ProVISions of the Santa MOnica MUnicipal Code governing layoff or abolitIOn of a permanent positIOn are hereby Incorporated In thiS Agreement by reference. MEA Will be provided with thIrty (30) days' notice of the layoff of permanent MEA employee(s) or of the abolitIOn of posltlon(s) held by permanent MEA employee(s). In the event that employee(s) represented by MEA are subJect to layoff or posltlOn(s) represented by MEA are gOing to be abolished, the City will meet and confer with MEA with regard to the proposed layoffs and/or abolition of budgeted MEA posltlon(5). If the parties reach final Impasse, however, the City IS not precluded from proceeding with the proposed layoff(s) and/or abolition of posltlon(s) held by permanent MEA employees. Section 5.09 Promotion If, upon promotIOn, an employee represented herein falls 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, If vacant, or to a comparable position In the same Job classification If a vacancy eXists. If an employee returns to his/her former position or to a comparable position In the same Job claSSification, the employee shall be placed at the same salary step he/she had attamed In that Job classification prror to being promoted In addition, If an employee returns to his/her former pOSition or to a comparable pOSition In the same Job classlflcatlon, he/she will not be subJect to a new probationary period If no vacancy eXists, the employee Will have any reappointment rights to his/her former position as provided by the Santa Monica Municipal Code (Section 2.04.450) A pOSition will be considered to be vacant If It has not been filled by another permanent employee hired specifically for that position 53 Section 5.10 Probationary Period Any appointment made from an eligible list shall be subJect to a probationary period of twelve (12) months for Communication Operator II's assigned to the Santa MOnica Police Department and SIX (6) months for all other employees covered herein. However, upon the determmatlon of the appointing authority, said probationary period can be extended for up to one (1 ) additional SIX month period for CommunicatIOn Operator II's aSSigned to the Santa MOnica Police Department and two (2) addItional six (6) month periods for all other employees covered herein. The probationary period of an employee may be extended by the appointing authority If' A. A license, registration, or certification IS reqUired before permanent status may be granted, prOVided there IS a reasonable expectation that the license, registration, or certification Will be awarded dUring the extension B The employee has had a number of supervisors dUring the probationary period, none of whom can realistically evaluate the probationary employee's performance C The employee, or the employee's Immediate supervisor, was on leave for a Significant portion of the probationary period. D The employee's probationary period mvolved work on a speCific proJect which has not yet been completed, but which reasonably can be expected to be completed dUring the extension period. E It IS necessary to complete background reference checks or Similar investigatIOns, prOVided the employee IS performing satisfactorily, and the checks and investigations are expected to be completed dUring the extension period. F. The employee's performance needs Improvement, but In the opinion of the appointing authOrity, can be expected to become satisfactory dUring the extended probationary period. G The appointing authOrity Identifies Job-related circumstances other than those listed above. If an appointing authority determines that the extension of an employee's probationary period IS warranted, he/she shall submit to the Director of Personnel, m wrltrng, the reason(s) for extendrng the employee's probatIOnary period wlthrn ten (10) calendar days prior to the expiration of the probationary 54 period. This same provIsIon shall apply to any six-month extension of the probationary period. No appointee shall acquire permanent CIvil service status until his/her probationary period has expired and unless prior to the eXpiration of such period the appointing authority of the apPointee has recommended to the Personnel Director, In Writing, that the appointee be given permanent CIVil service status. In the event the appointing authOrity falls 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 mcrease until the completion of one full year of servIce In that pOSition, With said salary step Increase being contingent upon satisfactory performance Section 5.11 Wash-Uo 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 and five (5) minutes Immediately before lunch 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 fifteen (15) minute wash-up time if wash-up and change of clothes IS not necessary. The City shall determine which positlon(s) will be covered by thiS prOVISion. If an employee believes that he/she should be covered by thiS prOVISion, the employee can grieve the denial of a wash-up period under Section 6.05 (Grievance and Complaint Procedure) of thiS Agreement Section 5.12 Subcontractin~ The City agrees that It Will prOVide MEA With thirty (30) days' notice of any proposal to subcontract work ordinarily performed by members of the bargaining Unit. The City Will meet and confer With MEA on any known or anticipated layoff, demotion, reclaSSification or Involuntary transfer of employee covered 55 herein which might result from the proposed subcontractmg of such work. However, In the event the parties reach final Impasse, the City IS not precluded from proceeding with the proposed subcontracting of work ordinarily performed by members of the MEA bargamlng Unit. Section 5.13 Transfers Whenever the Personnel Department actively recrUits to fill a vacancy With a Job claSSification represented by MEA, It shall post saId vacancy Within the department which has the vacant pOSition. The vacancy shall be posted for three (3) working days based on the work schedule In effect for City Hall. There shall be no guarantee that all employees Within the department Will be notifIed of a vacant pOSition. It shall be each employee's responsibility to check the bulletin board for the posting of the vacant pOSition Within his/her department. If there are employees In that department who hold a pOSition In the same Job claSSification and who Wish to be transferred to the vacant pOSition, they shall complete a transfer request form and application and submit It to the Personnel Department by the date the three-day posting of the vacant pOSition closes. The Personnel Department shall prOVide the appointing authOrity a list of employees Within the department who are mterested In transferring to the vacant pOSition. However, the appointing authOrity shall be under no obligation to accept a transfer Within the department to fill the vacant pOSition. Interdepartmental transfers shall be conducted In accordance With the relevant prOVISions of the Santa MOnica MUniCipal Code. Section 5.14 Lunch Periods Employee lunch periods shall be conSidered duty free If the City seeks to direct the employee, or require that the employee prOVide services dUring the duty free lunch period, the employee shall be compensated at the applicable rate of pay for the period of time In question. Section 5.15 OutSide Activities An employee represented by MEA may engage In part-tIme or occaSIOnal outSide work, occupatIon or bUSiness activity for remuneration or profIt, hereinafter referred to as OutSide ActiVIty, outSide of the employee's regular work hours as 56 long as such Outside Activity will not Interfere with the effiCient and effective performance of the employee's duties with the City The Outside ACtiVity must be approved in advance by the Personnel Board on written recommendation of the appolntmg authority. Each OutSide ActiVity request will be reviewed separately on Its indiVidual merit. An OutSide ActIVIty request will be granted or denied on the baSIS of the criteria for approval/disapproval which are set forth In Section 2.04.860 (OutsIde ActIVIties) of the Santa Monica Municipal Code. 57 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS Section 6.01 Payroll Deduction It IS mutually understood and agreed that the City will, subJect to the prOVIsions of Ordinance No. 801 (CCS) and dUring the term of thiS MOU, deduct monthly and remit to the office or officer designated In the employee payroll deduction authOrization Recognized Employee Organization dues, credit union Investments or payments, health and hospitalization Insurance premiums, and life and aCCident Insurance premiums Any or all such payroll deductions are subject to termination by the City Manager upon twenty-four (24) hours notice for failure by MEA to comply With the prOVISions of thiS MOU. Section 6.02 Reasonable Notice Reasonable written notice as defined In Section 3504 5 California Government Code shall be given on all matters requrnng such notice under said Section. Section 6.03 Association Security A Agency Shop At the time MOU negotiatIOns commenced With the MUnicipal Employees AssociatIOn (MEA) bargaining Unit to negotiate thiS Agreement, which has an effective date of July 1, 1994, MEA had demonstrated that It had 70% membership (based on the number of dues paYing members of MEA In comparison to the number of MEA positions) for both MEA employees and the former SEIU employees who are now represented by MEA. As a result, based on the terms and conditions of both the MEA MOU and the SEIU MOU, the City granted Agency Shop to MEA for both groups of employees. Both groups of employees now comprise a Single bargaining unit called the MUnicipal Employees ASSOCiation The Agency Shop prOVISion IS subJect to the terms and conditions set forth In Exhibit C (Agency Shop). As long as the Agency Shop prOVISion IS In effect, employees represented by MEA will be reqUired to either maintain active membership status m MEA or pay a service fee to MEA for collective bargaining-related services prOVided by the ASSOCiation. The one exception will be any MEA employee who certifies he/she IS a member of a bona fide religious body or sect which has histOrically held 58 conSCIentIouS objectIons to Jommg or fmanclally supportIng public employee organizations. As long as MEA can demonstrate that It has 70% membership (which does not Include service fee payers), the City shall continue to grant Agency Shop to MEA. Employees represented by MEA may elect MEA membership status or service fee payer status as they see fit and may change such status from one category to the other upon written notification to the City and MEA. If, at any time, MEA membership, which does not Include service fee payers, falls below 70% (based on the number of dues paYing members of MEA In comparison to the number of filled MEA positions), the Agency Shop prOVISion Will be dIscontinued and the oblIgation of MEA members to pay MEA dues and non-members to pay a service fee to MEA Will cease as of the beginning of the next payroll period. The Agency Shop prOVISion, however, Will be reinstated should MEA membership once more reach the reqUired 70% level. Such reinstatement shall be effective With the next payroll period follOWing the determination that the 70% membership reqUIrement has once more been met B. Association Lists Within thIrty (301 days after the date thIS Agreement has been ratified by both parties and thereafter on request from MEA, the City shall give to MEA one (1) copy of the list of employees In the MEA bargaining unit together With their most current addresses as they appear on the records of the City of Santa MOnica, The MEA shall retain such information In confidence and disclose It only to those offiCIals of MEA whose dutIes reqUire them to have access to such Information. C. Hold Harmless Clause MEA agrees to indemnify, hold harmless, and defend the City, at MEA expense, agamst any claims, losses or Judgements rendered against the City from any laWSUit filed by an employee or group of employees by reason of the operation of thiS section of the MOU. Section 6.04 Time Off for Association Business Ordinance No 801 (CCSI establishes orderly procedures for the administratIOn of employer-employee relations between the City and MEA and for resolVing disputes regarding wages, hours, and other terms and conditIons of employment The City has agreed to allow authOrized MEA representatives time 59 off with pay each fiscal year to conduct necessary aSSOciation business and will give special consideration to MEA representatives with regard to the scheduling of unanticipated Association business. Authorized Association representatives shall be allowed to utilize a total of five hundred (500) hours of time off with pay dUring each fiscal year to conduct necessary anticipated Association bus mess. These five hundred (500) hours per annum represent the aggregate maximum use for all authorized representatives of the ASSOCiation per annum, as opposed to five hundred (500) hours per representative per annum Prior to such usage, authorrzed ASSOCiation representatives must receive permission from the appointing authority, or designee, In wrrtlng, on a form prOVided by the Personnel Department. All such time off shall be reported by said ASSOCiation representative to the Director of Personnel for accounting purposes (The procedure to be followed for requesting time off for ASSOCiatIOn bUSiness IS found In Exhibit D.) The authOrized ASSOCiation representative shalf prOVide his/her supervisor With reasonable advance notice when It IS necessary for the MEA officer to attend to ASSOCiation bUSiness pursuant to thiS agreement. Time off to attend to ASSOCiation bUSiness shall not be unreasonably denied. Denials of time off shall be In writing and shall state the reason(s) for the denial. The MEA officer shall have the right to challenge the denial of time off for ASSOCiation busmess by submitting a grievance, In Writing, to the Director of Personnel. The DIrector of Personnel shall investigate and determine whether or not the request for time off to attend to ASSOCiation bUSiness was unreasonably denied. Section 6.05 Grievance & Complaint Procedure A. Grievances and appeals of non-probationary employees covered herein which Involve removals, demotions or suspensions shall be subject to the procedures outlined m Section 2.04.750 et.seq of the Santa Monica MUniCipal Code, which shall constitute the sole administrative recourse available under the terms of thiS MOU. In the event the Personnel Board delegates the hearing of a diSCiplinary appeal involVing a termination, demotion or suspension to a Hearing Officer, the Hearing Officer shall be selected from a list of names prOVided by the American Arbitration ASSOCiatIOn (AAA) In addition. there shall be no reqUirement that the Hearing Officer possess a law degree or be a member of the California Bar. The procedure for selecting the Hearmg Officer from the list prOVided by AAA shall be In accordance With the selection procedure currently set forth In the Santa Monica 60 MUnicIpal Code sectIon pertarnrng to the use of a Hearing OffIcer for disciplinary appeals Involving terminations, demotions and suspensions. B All other grievances, Includmg those involving performance evaluations, shall be resolved In the follOWing manner: (1) Informal DISCUSSion The aggrieved employee(s) IS encouraged to meet with the Immediate supervisor to discuss the problem In an effort to clarify the problem and to work cooperatively towards settlement. (2) First Step If the matter cannot be satisfactorily resolved Within thirty (30) days of the event giving rise to the grievance [or In the event that the employee could not have known of the event giVing rise to the grievance, Within thirty (30) days of learning of the event], the employee, or MEA on behalf of employee, shall submit the grievance In writing, stating the nature of the grievance and the desired solution to the second level supervisor, If any The second level supervisor shall meet With the grievant and the grievant's representatlve(s). If any, no later than the grievant's fifth regularly scheduled work day follOWing presentation of the grievance. Within ftve (5) working days follOWing such meeting, the supervIsor shall gIve a wrrtten deCISIon to the grievant If the second level supervisor does not have the authority to resolve the grievance, It shall Immediately be forwarded to the Department Head or the appropriate authority. (3) Second Step If the grievance IS not resolved at the first step, the grievance may be referred Within ten (10) days to the Department Head, who shall meet With the employee and the representative In an attempt to resolve the grievance Within the grievant's fifth regularly scheduled work day follOWing the receipt of the gnevance Within five (5) working days follOWing such meeting, the Department Head shall give a written deCISion to the grievant 61 (4) Third Step If the grievance IS not resolved at the second step, the grievance may be forwarded within ten (10) days to the Personnel Director, who shall meet With the employee and the representative Within five (5) working days following receipt of the grievance. The Personnel Director shall make such investigation as reqUired and make recommendations to the City Manager no more than ten (10) working days follOWing the meeting With the employee and the representative. Within twenty (20) calendar days thereafter, the City Manager shall render a written deCISion, which shall be final. If the grievance alleges a miSinterpretation of a speCific section of thiS Memorandum of Understanding, MEA may request, follOWing step two of the grievance procedure deSCribed above, that the City meet and confer In an effort to solve the dispute. If the dispute remains unresolved after three (3) meetings or ten (10) work days, per the work schedule In effect for City Hall, whichever occurs first, a grievance board shall be convened. Said board shall be comprised of one (1 ) representative of MEA, one representative of the City and a third who shall be a member of a panel proVided by the State Mediation and ConCiliation Service. The board shall schedule a hearing as soon as practicable and shall Issue a written deCISion Within thirty (30) calendar days of the conclUSion of the hearing. In the event that the board falls to reach a unanimous deCISion, the vote of the panelist from the State Mediation and ConCIliation Service shall be the tie-breaking vote. The deCISion of the board shall be binding C. General ProVISions (1) A grievance Will only be conSidered If It IS flied Within thirty (30) calendar days of the event giVing rise to the grievance or, In the event that the employee could not have known of the event giVing rise to the grievance, Within thirty (30) calendar days of the employee learning of the event. (2) All time periods In thiS Section may be extended by mutual written agreement of the employee or his/her representative and the management representative Involved. 62 (3) If a management representative does not meet with the grievant or render a decIsion within the time limits specified, the employee may Immediately exercise the next step in the grievance process (4) An employee who has Initiated a grievance, or assisted another employee In Initiating and/or processing a grievance, or who has testified at any hearing shall not In any way be coerced, hindered, intimidated, or diSCriminated against for exercIsing this right (5) For purposes of this Section, "days" shall mean regularly scheduled work days of the affected employee(s) unless otherwise speCified. D Representation (1 ) Employees shall have the right to represent themselves mdlvldually In grievance matters, or to be represented by MEA (2) MEA shall notify the Personnel Director, In Writing, of ItS deSignated employee grievance representatives and shall prOVide notifications of any change In such representatives. At the Informal Step and Step 1, MEA representatives may represent the grievant. At Step 2 and Step 3 and at any Personnel Board hearing, MEA may also deSignate an outSide representative to represent the grievant or MEA. (3) Reasonable time off WIthout loss of payor benefits shall be given to a grievant or MEA employee grievance representative to investigate and/or process grievances, and to witnesses In any grievance meetings or hearing held dUring work hours. Before performing grievance work, MEA representatives, the grievant or witnesses shall obtain permiSSion from the Immediate supervisor When the grievance work IS completed, the MEA employees released under thiS Section shall return to work and complete their aSSigned work shifts If the work shift has not yet ended. Neither the grievant nor the representative nor witnesses shall Interrupt or leave work If the supervisor determines that such mterruptlons or absence Will unduly Interfere With the work of the employee. However, If the supervisor denies such time off, time off must be granted Within twenty-four (24) hours of such request 63 Section 6.06 Riaht to Association Representation Employees covered herein shall have the right to MEA representation at any meeting With representatlve(s) of the City WhiCh, In the employee's OpiniOn, may result In disciplinary action. Section 6.07 Disciplinary Action A. Permanent employees covered herein shall be subject to discipline only for Just cause. All disciplinary actions shall be based solely on the contents of the employee's official personnel file except that there shall be no reqUIrement that employee counseling documentation be Included In said file until such time as further disciplinary action relYing upon that counseling documentation IS taken, prOViding that the employee has received a copy of saId counsehng documentatIon. ThiS does not, however, preclude an appointing authOrity from taking disciplinary action, up to and including termination, for an inCident for which there IS no prior documentation as long as the disciplinary actIon IS warranted and IS based on Just cause. Statements made In an employee's performance evaluation shall not be used as a substItute for the documentation of diSCiplinary actIOns Progressive discipline will be used With the disciplinary action taken bemg dependent upon the severity of the inCident on which the disciplinary action IS based. The seventy of the inCident, however, can result In the Immediate termination of an employee even though there has not been any prior disciplinary action taken against that employee. Two NOT ACCEPT ABLE overall performance ratings Will not result In the automatic dismissal of the employee who received those ratmgs. However, two (2) consecutive NOT ACCEPTABLE or BELOW SATISFACTORY overall performance ratings can result In disciplinary action, up to and including dismissal, as long as there IS Just cause for the disciplinary action being taken MEA shall be copied on all written notices of dlsclphne given to employees represented by MEA. The written notice of dlsclphne Will also Inform the MEA employee that he/she has the right to consult MEA With regard to the diSCiplinary action being taken. 64 B. The followmg procedures shall govern the meetmgs between MEA-represented employees and the Police Department Internal Affairs DIvIsion These procedures only apply where the allegations pertaining to the MEA employee are of a non Criminal nature. Allegations pertaining to the MEA employee which Involve a Criminal matter shall be governed by the procedure used by Internal Affairs to investigate Criminal matters. (1) Any time Internal Affairs requests to meet With the employee In the MEA bargaining Unit, said employee shall be Informed of his/her right to have an MEA representative present and, If the employee elects to be represented by MEA, he/she shall be prOVided With a reasonable amount of time to obtain such representation. The employee's MEA representative may participate In the interview of the employee by Internal Affairs. The MEA representative can adVise the MEA employee and proVide any information which he/she believes to be relevant to the matter being investigated by Internal Affairs. The MEA employee Will be entitled to make any statement for the record which he/she believes to be appropriate All records pertaining to the subject of the InterView will be prOVided to the employee upon request (2) If Internal Affairs audiO and/or Video tapes the mtervlew of the MEA employee, the entire interview Will be taped The MEA employee and/or his/her representative may also tape the InterView or may request that Internal Affairs prOVide the MEA employee wlth a copy of the mtervlew tape (3) No MEA employee Will involuntarily be subject to a polygraph examination If the MEA employee agrees to a polygraph eXaminatIOn, a written consent form containing the employee's signature Will be required. Said consent form Will also clearly state the employee's right to MEA representation. If the employee elects to be represented by MEA, he/she shall be prOVided With a reasonable amount of time to obtain such representation. However, the MEA representative Will not be allowed to be present m the examination room during the actual administration of the polygraph examination At the written request of the MEA employee, a copy of the polygraph examination results, along With any written report regarding the results of the exammatlon, shall be prOVided to the MEA employee. 65 C. Last chance agreements In Iteu of disciplinary action will only be used In substance abuse cases or In the case of performance problems where substance abuse has been IdentIfied as a contributing factor. Section 6.08 Notification of New Hires It IS hereby agreed that the Personnel Department shall provide the MEA President with the name of each permanent employee whose Job title entities him/her to MEA representation as soon as IS practicable after hire or transfer. Section 6.09 Joint Labor-ManaRement Committee A Jomt labor-management committee shall be establtshed for the purpose of discussing employer-employee relations Issues that should anse 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 committee shall be comprised of not more than SIX (6) MEA representatives 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 Director, or his/her designee, shall serve as the Chairperson of the committee. ThiS committee shall meet not less than one (11 time per quarter dUring the City's fiscal year, With each meeting being held dUring the first month of each quarter Meetings can be held more frequently on an as-needed basIs. Special meetings Will be called by the committee Chairperson. MEA representatives can request special meetings by contactmg the Chairperson, who Will make a determination as to whether or not a special meeting IS warranted. 66 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 12th day of May, 1999. MEA BARGAINING COMMITTEE Rene' Talbott, President Jan Arenberg, VIce President Silvana Quesada Elsa Kapslnow Jessica Davenport Ramona Gandara Eddie Greenberg Paul DavIs Christopher Playford Stuart Jose Edward R. Purcell Labor Consultant CITY OF SANTA MONICA APPROVED AS TO FORM: John Jallll City Manager Marsha Jones Moutne City Attorney Attest. City Clerk 1M I:A MOU 1 8S8 2001-1 67 EXHIBIT A REPRESENTED CLASSIFICATIONS ADMINISTRATIVE STAFF ASSISTANT ADMINISTRATIVE STAFF ASSISTANT - FIRE ADMINISTRATIVE STAFF ASSISTANT - FLEET MAINTENANCE ADMINISTRATIVE STAFF ASSISTANT - MAINTENANCE MANAGEMENT ADMINISTRATIVE STAFF ASSISTANT - RESOURCE MANAGEMENT AIRPORT MAINTENANCE WORKER AIRPORT NOISE/OPERATIONS COORDINATOR AIRPORT SECURITY GUARD ANIMAL CARE ATTENDANT ANIMAL CONTROL OFFICER ASPHALT CREW LEADER ASSISTANT DOMESTIC VIOLENCE COUNSELOR BUILDING & SAFETY ASSISTANT BUILDING INSPECTOR BUSINESS ASSIST ANT BUSINESS ASSISTANT - LIBRARY BUYER CABLE TV PROGRAMMING SPECIALIST CARPENTER CARPENTER CREW LEADER CEMETERY BUSINESS ASSISTANT CIRCULATION ASSISTANT CIVIL ENGINEERING DRAFTING TECHNICIAN CODE COMPLIANCE OFFICER COMMUNICATIONS OPERATOR I COMMUNICATIONS OPERATOR II COMMUNITY OUTREACH COORDINATOR COMMUNITY RELATIONS SPECIALIST COMMUNITY SERVICES OFFICER I COMMUNITY SERVICES OFFICER II COMMUNITY SERVICES SPECIALIST II COMMUNITY SERVICES SPECIALIST III COMMUNITY SERVICES SPECIALIST III - YOUTH COMMUNITY SERVICES SPECIALIST IV COMPUTER SUPPORT SPECIALIST CONCRETE CREW LEADER CONCRETE FINISHER CRIME PREVENTION COORDINATOR CRIMINAL INVESTIGATIONS ANALYST CROSSING GUARD CUSTODIAN I CUSTODIAN II DEPUTY CITY CLERK DOMESTIC VIOLENCE COUNSELOR ELECTRICIAN I ELECTRICIAN II ELECTRICIAN'S HELPER EMPLOYEE BENEFITS ASSISTANT EMPLOYEE BENEFITS SPECIALIST EMPLOYEE BENEFITS TECHNICIAN ENGINEERING PROJECT SPECIALIST ENVIRONMENTAL OUTREACH SPECIALIST ENVIRONMENTAL PROGRAMS TECHNICIAN ENVIRONMENTAL PROGRAMS TECHNICIAN - RESOURCE EFFICIENCY & HAZARDOUS MATERIALS EQUIPMENT OPERATOR I EQUIPMENT OPERATOR II EQUIPMENT OPERATOR III EVENT ATTENDANT I EVENT ATTENDANT II EVENT ATTENDANT III EVENT COORDINATOR FARMERS' MARKET COORDINATOR I FIELD INSPECTOR I FIELD INSPECTOR II 68 FISCAL STAFF ASSISTANT I FISCAL STAFF ASSISTANT II FISCAL STAFF ASSISTANT 11- TREASURY FISCAL STAFF ASSISTANT III FLEET MAINTENANCE PROJECT ASSISTANT FIRE SAFETY COORDINATOR GIS DATA SPECIALIST GRAFFITI REMOVAL TECHNICIAN GRAPHIC DESIGNER GROUNDS KEEPER GROUNDS MAINTENANCE WORKER HAZARDOUS MATERIALS TECHNICIAN HEAVY TRUCK DRIVER HORSE ATTENDANT HOUSING APPLICATION ASSISTANT HOUSING SPECIALIST IDENTIFICATION TECHNICIAN I IDENTIFICATION TECHNICIAN II IRRIGATION TECHNICIAN LEAD AIRPORT SECURITY GUARD JAILER LEAD HAZARDOUS-MATERIALS TECHNICIAN LEAD MECHANIC LEAD PARKING METER REPAIRER LIBRARY ASSISTANT LIBRARY BUILDING TECHNICIAN LIBRARY INSPECTOR LICENSE INSPECTOR MAIL COURIER I MAINTENANCE CREW LEADER MAINTENANCE WORKER I MAINTENANCE WORKER 1- ASPHALT MAINTENANCE WORKER II MAINTENANCE WORKER II - ASPHAL T MECHANIC I MECHANIC II MOTOR COACH CLEANER MOTOR SWEEPER OPERATOR NETWORK ADMINISTRATOR NOISE OPERATIONS TECHNICIAN PAINTER PAINTER CREW LEADER PARK RANGER PARKING CHECKER PARKING METER COLLECTOR PARKING METER REPAIRER PAYROLL TECHNICIAN PERMIT SPECIALIST PERSONNEL TECHNICIAN PIER & HARBOR GUARD PIPE FITTER PLANNING TECHNICIAN PLUMBER PLUMBER CREW LEADER POLICE AUTOMATION SPECIALIST POLICE OFFICER TRAINEE POLICE PROPERTY EVIDENCE CLERK POLICE RANGE MASTER POLICE RECORDS TECHNICIAN PUBLIC WORKS INSPECTOR RECYCLING WORKER REFUSE ACCOUNT INSPECTOR REPROGRAPHICS SPECIALIST I RESOURCE EFFICIENCY INSPECTOR SANITATION COLLECTOR SANITATION TRUCK DRIVER SENIOR BUILDING Mm : :CU:::;:~~G INSPECTOR SENIOR CIVIL ENGINEERING TECHNICIAN SENIOR COMBINATION BUILDING INSPECTOR SENIOR ELECTRICAL INSPECTOR SENIOR GROUNDSKEEPER SENIOR HOUSING SPECIALIST SENIOR IRRIGATION TECHNICIAN SENIOR PARKING METER COLLECTOR SENIOR PLUMBING/MECHANICAL INSPECTOR SENIOR PUBLIC WORKS INSPECTOR SENIOR SURVEY TECHNICIAN SENIOR TRANSFER STATION ASSIST ANT SENIOR TREE TRIMMER SEWER MAINTENANCE WORKER 69 SIGN PAINTER STAFF ASSISTANT I STAFF ASSISTANT II STAFF ASSISTANT II - NON-TYPING STAFF ASSISTANT III STAFF ASSISTANT IV STOREKEEPER I STOREKEEPER II TECHNICAL SERVICES SPECIALIST TECHNICAL STAFF ASSISTANT I TECHNICAL STAFF ASSISTANT II TRAFFIC PAINTER TRAFFIC PAINTER ASSISTANT TRAFFIC SIGNAL TECHNICIAN TRANSCRIBER TYPIST TRANSFER STATION ASSISTANT TRANSIT OPERATIONS STAFF ASSIST ANT TRANSIT REVENUE ASSISTANT TRANSPORTATION MANAGEMENT ASSISTANT TRANSPORTATION MECHANIC I TRANSPORTATION MECHANIC II TRANSPORTATION PLANNING TECHNICIAN TREE TRIMMER UNDERGROUND UTILITIES LOCATOR UTILITIES BILLING SPECIALIST UTILITIES BILLING TECHNICIAN VIDEO/TRAINING PROGRAM COORDINATOR WAREHOUSE WORKER WASTEWATER CREW LEADER WATER LABORATORY TECHNICIAN WATER LEADER WA TER METER READER WATER METER REPAIRER WATER PRODUCTION & TREATMENT PLANT OPERATOR WATER PRODUCTION & TREATMENT PLANT OPERATOR TRAINEE WELDER FABRICATOR YOUTH SERVICES COUNSELOR 70 CITY OF SANTA MONICA PERSONNEL BOARD PERSONNEL RULES & REGULATIONS TEMPORARY APPOINTMENTS To Implement SectIOns 2 04 350 and 2 04 370 of the Santa Monica MuniCipal Code. which pertain to temporary/acting apPOintments to positions In the classJtled service. the Santa Monica Personnel Board adoPted the following rules and regulations A temporary;actlng appointment of a regular employee can be made when 1) a budgeted POSition has become vacant due to the vacation, Sick leave or other temporary absence of the permanent Incumbent In the equal or higher claSSification. or 2) there IS no valid eligible list for a vacant budgeted permanent pOSitiOn In an equal or higher claSSification Should a temporary vacancy occur when an eligible list for a particular claSSificatIOn IS not avaliable, the appOinting authority shall notify the Personnel Department The Personnel Department shall post the vacancy for five (5) calendar days so that Interested employees may file an application Temporary apPointees Will be selected from applicants for the pOSitIOn who have applicatIOns on file In the Personnel Department and who meet the minimum qualificatIOns for the pOSition Applications shall be screened and reviewed for minimum qualifications before being made available to the appointing authority The appointing authority shall select the temporary appolntee(s) from the qualified applicants The apPointment shall be for a period not to exceed sixty (SO} days. subject to the approval of the Director of Personnel ana the City Manager ApPOintments shall be reported to the Personnel Board at Its next meeting Subject to Personnel Board approval. temporary appointments may be renewed If necessary to complete the examination process or cover the absence of a permanent mcumbent The Board may disapprove any temporary appointment or renewal of any temporary appointment that It determmes IS not Justified. Each renewal of a temporary appomtmem shall not exceed Sixty (SOl cays NOTE ThiS policy and procedure does not apply to as-needed employees hIred to fill a temporary vacancy The poliCY and procedures With regard to the hiring of as-needed employees would appiy Ado~d by th" Santa Monica Personnel Board at a speCial meeting on December 8. 1994 ~/' //1/' "i #0////, ,;',17"1 ://o"/I/~ ---- Aobe(ti~ulllvan. Chairperson Santa MOnica Personnel Board :pers person policy tempepptl 71 EXHIBIT C AGENCY SHOP As long as MEA can demonstrate that It has a 70% membership (based on the number of MEA dues paYing members m comparison to the number of all filled MEA pOSitions). the City agrees to grant MEA an Agency Shop prOVISion Said Agency Shop prOVISIon shall be subJect to the follOWing terms and conditions: (1 J An employee working In a classification covered by this MOU shall, Within thirty (30) calendar days of his/her employment, execute a payroll deduction authOrization form as furnished by MEA, and thereby either 1) become and remain a member In good standing In MEA; or 2) pay to MEA a monthly service representation fee In an amount not to exceed the standard initiatIOn fee, periodic dues and general assessments of MEA dUring the term of thIs MOU. (2) Employees represented by MEA may elect MEA membership status or service fee payer status as they see fit and may change such status from one category to the other upon written notification to the City and MEA. If, at any time, MEA membership (which does not mclude service fee payers) falls below 70% (based on the number of dues paymg members of MEA In comparison to the number of filled MEA POSitions), the Agency Shop provIsion will be discontinued and the obligation of MEA members to pay MEA dues and non-members to pay a service fee to MEA Will cease as of the beglnnmg of the next payroll period. The Agency Shop prOVIsion, however, Will be reinstated should MEA membership once more reach the reqUired 70% level. Such reinstatement shall be effective With the next payroll period follOWing the determination that the 70% membership reqUirement has once more been met (3) 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 conSCientious obJections to JOining or finanCially supporting public employee organizations, such employee shall execute a payroll deduction authOrization from as furnished by MEA, 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 City offers payroll deductions. (3) The City and MEA 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 religiOUS exemptIOn and the employees' rights under Government Code Section 3502.5 (Meyers-Mlllas-Brown Act, as amended) shall also be explained The cost of thiS commUnication and the responSibility for ItS distribution shall be borne by MEA. 72 (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 MEA, 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 MEA by way of CIVil court action against such allegedly non-complYing Unit employee (5) MEA shall, wlthm 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(dl (6) It IS recognized that MEA, 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 rights under this MOU or the law. (7) Upon request by MEA, the City shall furnish MEA 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. 73 EXHIBIT D PROCEDURE FOR REQUESTING TIME OFF FOR ASSOCIATION BUSINESS 1 . The ASSOciation representative shall provide his/her supervisor With a request for time off for AssociatIOn business on a form provided by the Personnel Department. The request shall be made With reasonable advance notice. 2. If the supervisor approves the request, the approval IS noted on the request form. A copy of the request form IS forwarded to the Personnel Department and a copy of the request form IS returned to the Association representative 3. The Personnel Department shall keep an accounting of hours used by the Association 4. If the request IS denied, the denial shall be In writing and shall state the reason(s) for the denial. 5 The Association shall have the right to challenge the denial of time off for Association bUSiness by submlttmg a grievance, In Writing, to the Director of Personnel. The Director of Personnel shall investigate and determine whether or not the request for time off to attend to Association bUSiness was unreasonably denied [MEA MOU 1998-2001} 74 RESOLUTION & ORDINANCE DISTRIBUTION CHECK LIST COUNCIL MEETING DATE 5/11/99 RESOLUTION NUMBER 9398 ADOPTED 5/11/99 ORDINANCE NUMBER INTRODUCED DISTRIBUTION: NOTE: ORIGINAL FILED IN LOWER VAULT RESOLUTION: ORDINANCE: PACKET COPY PACKET COPY 1 VAULT COPY VAULT COpy 1 -0!;;PT '1. DEPT 3 -- "'- CITY ATTORN EY 1 CITY MANAGER 1 OTHER OTHER ORDINANCES - SINGLE SPACED Q NEWSPAPER 0 Bertha Schneider Santa MOnica Municipal Court 1725 Main Street, Room 219 Santa MOnica CA 90401 :J Customer Relations Book Publtshlng Company 201 Westlake Avenue North Seattle, WA 98109-5293 TOTAL COPIES NEEDED I; @