R-9120
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RESOLUTION NO 9120
(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
ADMINISTRATIVE TEAM ASSOCIATES
WHEREAS, the City administration and representatIves of the
Administrative Team Associates 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 Ordinance No 801 (CCS) of the City of
Santa MOnica requires preparation of a wntten Memorandum of Understanding
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 Administrative Team Associates,
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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
executed by the Administrative Team Associates, 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
(hu)vsf . .dtu~,
MARSHA~ MOUTRIE
City Attorney
iata1996 resolutIOn)
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MEMORANDUM OF UhlJERSTAi.,;-rnNG
BSTWEEN
CITY OF SANTA MONICA CALIFORNIA
AND
ADMINISTRATIVE TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS
1. 01
1. 02
1. 03
1 04
1 05
1. 06
1. 07
1.08
1. 09
1.10
1 11
1.12
1.13
1.14
1.15
1.16
1.17
Part~es to Memorandum............... ... .... ..3
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... 3
Term of Agreement.. . . . . . . . . . . . . . . . . . . . . . . .4
Clty Council Approval... ........... ....... ..4
Recognized Employee ASsoclation Name. . . . . . . . . .4
Scope of Representatlon.... ... ..5
Full Understand~ng, Modiflcatlon and Waiver.. ... ..5
Management Rlghts Reserved.......... .. ... ...6
Peaceful Performance of Clty Service. ........... 6
Validlty of Memorandum of Understanding.......... .7
Captions for Convenlence......... ......... ..8
Non-Discrimlnation and Equal Employme~t... .......8
Defin~tions . . . . . . . . . .. ...... . . . . .9
Overpayment Remedy............._..... .. _....... ..12
Payments at Terminatlon......... .................. 12
Compensatlon & Beneflts for Part-Time Employees. .12
Demotlons. . . . . . . . . . . . . . . . . . . . . . . . . . . .13
ARTICLE II: COMPENSATION
2.01
2.02
2.03
2.04
2 05
2 06
2.07
2.08
2.09
Effectlve Date of Pay Increase.... '" ........ .... .14
Salaries.. ......... .. ................... .14
Overtlme. . . . . . . . . . . . . . . . . . . . . . . . . _ .15
Promotional Pay Rate. . . . . . . . . . . . . . . . . .17
Y -Ratlng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Pay for Serving ln a Hlgher Job Classiflcatlon... ..17
Skill Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Supervlsory Dlfferentlal ................ .20
Shlft Differential... ...... ....... ..20
3.01
ARTICL~ III: SUPPLEMENTAL BENEFlTS
Health Insurance Programs.. ............ ..... ..... ..22
1
3 02
3 03
3.04
3.05
3.06
3.07
3.08
3.09
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Retlrement. . . . . . . . . . . . . . . . . . . . . .. ....... .23
Tuition Relmbursement........ . . .24
Deferred compensation....... . ..25
Mlleage Reimbursement and Energy Conservation... ..25
Long Term Disabllity Insurance . ". .25
Sick Leave Buy Back................. .. ..26
Uniforms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Term Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . .. 28
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4 07
4 08
4 09
4.10
4.11
Pald holldays... .......... ..29
Vacatlon Leave . . . . . . . . . . . _ . . . . _ . _ . . .30
Sick Leave........ . . . . . . . . . . . . . . . . . . .. ............31
Leave of Absence Wlthout Pay................. ....32
Mllitary Leave...... ..................... .33
Workers' Compensation Leave........ ....... ..33
Jury Duty .................. . . .33
Bereavement Leave... ........ ... .33
Adminlstratlve Leave.......... ... ..34
Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
Family Leave.. . . . . . . . . . . . . . . .. ............ 35
5 01
ARTICLE V: WORKING CONDITIONS
5 02
5.03
5.04
5.05
5.06
5 07
5 08
Safety and Loss Prevention.
Effect of Job Performance on Salary.
Effect of Reasslgnment/Recertlflcation on
Skill Pays.. . . _ .. ...............
Employee Parklng... . . . . . . . . .. ..........
Offlcial Personnel Flle
Reductlon ln Hours from Full-Time to
Work Schedules.... ..... ......
. . . .36
. . . . .36
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
Promotlons
37
37
. . .38
Part-Tlme ... .38
. . . . . . . . .39
. . . . . . . . . . .. 40
6.01
6.02
6 03
6.04
EXHIBIT A.
Payroll Deductions.......... ... .41
Reasonable Notlce.. ............ ... ..41
Time Off for Associatlon Buslness.... .. ......... 41
Grievance and Complalnt Procedure............... .42
. .48
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ARTICLE I: GENERAL PROVISION~
1. 01
1. 02
Partles to Memorandum
ThlS Memorandum of Understanding has been prepared pursuant
to the terms of Ordlnance No 801 (CCS) of the Cl ty of
Santa Monlca, WhlCh Ordlnance lS hereby lncorporated by
reference as if fully set forth hereln, and has been
executed by the Cl ty Manager on behalf of management
officlals of the Clty and by the ADMINISTRATIVE TEAM
ASSOCIATES (ATA) , and on behalf of employees OccupYlng the
llne-ltem posltlon classiflcations set forth ln Exhlblt A
whlch lS attached hereto and made a part hereof
In the event new Job claSSlflcatlons are created WhlCh are
proposed to be added to the ATA unlt, the Munlcipal
Employee Relatlons Offlcer wll1 notlfy ATA prlor to the
Personnel Board and City Council consideratlons of the new
classiflcations. Any clasSlflcatlons proposed to be added
to the unit shall be mutually agreed upon ln writlng and
will become effectlve upon executlon by the Managing
Dlrector of ATA and the MuniClpal Employee Relations
Offlcer.
Only those Job classlficatlons WhlCh meet the crlterla for
professlonal and/or administrative exe~ption under the Falr
Labor Standards Act (FLSA) shall be represented by ATA
Durlng FY96-97, a study wll1 be conducted by the City to
determine which job classlficatlons currently represented
by ATA meet those crlterla. If lt is determlned that a Job
classiflcation currently represented by ATA does not meet
the criterla for representatlon by ATA, the Job
classlflcatlon and any incumbent(s) ln that Job
classlficatlon shall be transferred to the approprlate City
bargalning unit as of July 1, 1997.
Purpose
The partles agree that the purpose of this MOD is: to
promote and provlde harmonious relations, cooperatlon and
understanding between the Clty and the employees covered
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1. 03
1. 04
1. 05
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hereln, to provlde an orderly and equitable means 0:
resolvlng differences which may arlse under thlS
memorandum, and to set forth the full agreements of the
partles reached as a result of meet~ng and conferrlng ln
good falth regarding matters withln the scope of
representation for employees represented by ATA
Term of Agreement
Thls Agreement shall be effectlve as of the 1st day of July
1996 and shall remain ln full force and effect until the
30th day of June 1997. It shall be automatically renewed
from year to year thereafter, unless either party shall
notify the other in writing not later ~han March 1 of each
year that ~t desires to termlnate or mod~fy thlS Agreement,
and specifically indlcates requested modlficatlons. In the
event that such not~ee is given, negot~ations sh~ll beg~n
no later than April 1 with a signed contract desired by
July 1
Clty Council Approval
ThlS MOD is of no force or effect whatsoever unless or
untll ratlfied and approved by resolution duly adopted by
the City Council of the City of Santa Monlca.
Recognized Employee Associatlon Name
The Administrative Team Assoclates (ATA) lS hereby
acknowledged as the Recognized Employee organlzation
representing only the permanent 11ne-item posltion
classlficatlons set forth ln Exhlbit A (whlch is attached
hereto and made a part hereof) pursuant to Sect~on 3.04 (e)
of Ordinance No 801 (CCS). It is the mutual understanding
of the parties hereto that acknowledgment of the ATA as the
Recognlzed Employee Organization'
A. Does not preclude employees ~n such line-ltem positlon
class~flcatl0ns from representlng themselves
lndivldually ln thelr employment relatlons wlth the
City.
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1. 06
1. 07
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B. Does not preclude or restrlct the rlght of management
officials to meet and consult with employees ln such
employment position classlflcatlons concerning thelr
employment relatlons with the City.
Scope of Representatlon
The scope of representatlon of the Recognlzed Employee
Organizatlon shall lnclude all matters relatlng to
employment conditlons and employer-employee relatlons
lncludlng, but not 11mlted to, wages, hours, and other
terms and condltions of employment, except, however, that
the scope of representation shall not include conslderatlon
of the merits, necesslty, or organlzation of any servlce or
actlvity provlded by law or executlve order and that the
scope of representatlon shall be exercised or performed in
compliance wlth the provislons of Ordinance No. 801 (CCS).
Full Understanding, Modiflcation and Walver
The parties agree that each has had full and unrestricted
right and opportunlty to make, advance, and dlSCUSS all
matters properly wlthln the scope of representatlon as
outllned in Sectlon 2.05 of Ord~nance No. 801 (CCS) ThlS
MOD constitutes the full and complete agreement of the
parties and there are no others, oral or written, except as
specifled in thlS Agreement. The partles are not bound by
any past practlces or understandings of elther party unless
such past practlces or understandlngs are speclfically
stated In this MOD except that prOV1Slons or condltlons not
specif1cally changed ln this or prevlous MOD's shall be as
prescribed by the Civil Service provlsions of the Santa
Monlca City Charter and the Santa Monica Municlpal Code.
Each party, for the term of thlS MOD, speciflcally walves
the rlght to demand or petltlon for changes hereln, whether
or not the subjects were known to the parties at the time
of executlon hereof as proper subjects wlthln the scope of
representatlon as outllned ln Sectlon 2 05 of Ordinance No.
801 (CCS).
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1 08
1. 09
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Management Rlghts Reserved
The Clty retalns all rlghts not speclflcally delegated by
thlS Agreement, includlng, but not 11mlted to, the
excluslve rlght to:
A Direct, supervlse, hlre, promote, suspend, dlsclpllne,
dlscharge, transfer, asslgn, schedule, and retaln
employees.
B. Relieve employees from duties because of lack of work
or funds, or under condi tlons where contlnued work
would be lnefficient or nonproductive.
C Determine services to be rendered, operations to be
performed, utllizatlon of technology, and overall
budgetary matters
D. Determine the approprlate Job classlficatlons and
personnel by which government operatlons are to be
conducted.
E Determine the overall miSSlon of the unlt of
government.
F. Malntain and lmprove the efficlency and effectiveness
of government operatlons
G. Take any necessary actlons to carry out the misslon of
an agency in sltuations of emergency.
H. Take whatever other actlons may be necessary to carry
out the wishes of the publlc not otherwlse speclfied
above or by collectlve agreement.
Peaceful Performance of Clty SerVlce
It lS mutually understood and agreed that partlclpatlon by
any employee in a strike or a concerted work stoppage
termlnates the employment relationship ln the absence of
specific written walver of such termlnatlon by an
authorlzed management officlal.
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A. It lS fur~her understood and agreed that none of the
partles hereto will partlcipate In, encourage, asslst
or condone any strlke, concerted work stoppage,
cessation of work, slow-down, slt-down, stay-away,
picketing or any other form of interference wlth or
limltation of the peaceful performance of Clty
serv~ces
B. In the event that there occurs any strlke, concerted
work stoppage, cessatlon of work, slow-down, slt-down,
stay-away, picketlng or any other form of lnterference
with or limitation of the peaceful performance of Clty
services, the Clty, ln addltlon to any other lawful
remedles or discipllnary actlons, may by actlon of the
Ci ty Manager cancel any or all payroll deductlons,
prohibit the use of bulletln boards, prohibl-t the use
of City facllitles, and proh~bit access to former work
or duty statl-ons.
C. Nel ther the employee organlzatlon, nor any person
actlng in COncert wlth them, w~ll cause, sanctlon, or
take part l-n any strlke, walk-out, Sl t -down, slow-
down, stoppage of work, picketing, retarding of work,
abnormal absenteelsm, w~thholding of services, or any
other interference wlth the normal work routlne. The
provlsions of thlS Artlcle shall apply for the same
term as thlS Agreement, or durlng any renewal or
extenslon thereof V1olation of any provlsion of thlS
MOU by the Recognized Employee Organlzatlon shall be
cause for the Clty, at ltS sole optlon, to termlnate
thlS Agreement in addltion to whatever other remedies
may be to the Clty at law or in equlty.
D. The City agrees that there shall be no general lockout
of bargaining unlt members.
Validlty of Memorandum of Understanding
If any provlsion of any Sectlon of this MOD is determined
to be invalid or illegal by a court of competent
jurlsdlction, then such provls10n shall be severed from
this MOD, but the remainder hereof shall remain in full
force and effect. The partles hereto shall lmmediately
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1.11
1.12
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commence to negot~ate ror the purpose or replaclng any s~ch
lnvalld or 11legal prOV1Slon.
Should any change be made In any Federal or State law, or
in any rules and regulations implementlng such legls1atlon,
or In any City Charter provlsion or Santa Monlca Munlcipal
Code provlslor. WhlCh would be applicable and contrary to
any provislon of any Section hereln contained, then such
provislon of this MOU shall be automatlcally termlnated,
but the remalnder of thlS MOU shall remaln ln full force
and effect. Such legislation and/or rules and regulatlons
shall supersede thls MOD and appllcable clauses shall be
substituted for those ruled invalld or lllegal The
parties hereto shall immedlately commence to negotlate for
the purpose of replaclng any such lnvalld or lllegal
provlsion.
Captions for Convenlence
The captlons herein are for convenience only and are not a
part of thlS MOU and do not in any way 11mit, deflne, or
ampllfy the terms and provlsions hereof.
Non-Dlscrlminatlon and Equal Employment
It lS hereby agreed by the partles to thlS MOU that they
will fully comply wlth all appllcable local, State and
Federal laws, rules and regulations prohibltlng
dlscrlmlnatlon and governlng equal employment opportunlty.
The Affirmatlve Action Program and the Sexual Harassment
Policy of the Clty of Santa Monlca are afflrmed by both
partles to thlS MOU and lncorporated by reference hereln.
Both partles agree to ablde by the requirements of the
Amerlcans with Disabllitles Act (ADA)
Every City employee is expected to respect the dignlty of
every other City employee and to refrain from any actions,
lncludlng the use of slurs or Jokes regardlng sex, age,
race, national orlgin, rellgion, disabllity or sexual
preferencejorlentatlon which could be construed as
harassment Harassment of fellow employees lS a violation
of Clty policy. No employment decislon shall be based on
an employee'S submlss10n to or rejection of such conduct.
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Complalnts of a sensltive nature, lncludlng complaln~s
involvlng sexual harassment or any other vl01atlon of Tltle
VII of the 1964 Clvil Rlghts Act, as amended, WhlCh lnvolve
a superVlsor or manager whose conduct lS the subJect of the
complaint may bypass any step of the standard grlevance
procedure outlined in Sectlon 2.04 740 of the Santa Monlca
Municlpal Code.
Definitlons
The following definltions are to be applled ln the
lnterpretatlon of this MOD.
A.
"Salary Range" shall mean
hourly or monthly pay
equlvalent) asslgned to
classiflcation withln the
the flve step (A through E)
scale (and the bl-weekly
each employment posltlon
Clty work force.
B. "Salary Range Steps A through E" for each 11ne-ltem
posltlon classiflcation withln the Clty work force
shall mean and be establlshed to bear the following
percentage relationshlp to Salary Range Step E
computed to the nearest dollar. Normal progresslon
through the range toward E step shall be ln annual
step increments contlngent on satlsfactory 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 when
the computed amount lS flfty (50) cents or less and
the next higher dollar when the computed amount lS
flfty-one (51) cents or more
D. "Line-item posltlon" shall mean a posltion which is:
(1) speclflcally ltemlzed ln the personnel schedule
of the annual budget of the Clty of Santa Monlca,
and
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(2) ellg1ble to accumulate vacatlon, sick leave ann
other tlme off ln proportlon to the percentage of
the full-tlme forty (40) hour week. Other frlnge
beneflts shall be provlded to part-time employees
covered herein as lf they were employed on a
full-time basis
E. "Permanent Employees" shall mean:
(1) A person who 15 legally an lncumbent of a llne-
item posltion, full or part-tlme; or
(2) A former lncumbent of a llTIe-ltem pos~tlon on
authorlzed leave of absence from a regularly
budgeted posltlon which positlon lS held pendlng
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 protectlons approprlate to his/her
status under the Munlcipal Code and Clty Charter and
appllcable State law.
F "Date of Entrance Annlversary" shall mean the date
which recurs annually after the date of entry into a
position ln the classlfled serVlce of the Clty of
Santa MOTIlCa, elther by origlnal employment, re-
employment or promotlon. The date of entrance for
employees with broken service shall be con51dered as
the date on WhlCh the last unbroken serVlce was
effective.
G. "Satlsfactory SerVlce" shall mean the attalnment of
an overall rating not less than "Satlsfactory" on the
performance report assoclated wlth the employee's most
recent date of entrance anniversary.
H. "Full-Time Work Week" shall mean forty (40) hours
withln the seven (7) consecutlve days (i e., seven
consecutlve 24-hour perlods) established as the work
week for the affected employee(s).
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(1) Incumbents of 11ne-item pos~tlonS employed ~n a
work week greater than that defined as the full-
tlme work week shall be compensated for hours in
excess of the full-tlme work week on the bas~s of
and ln accordance with the prOVlSl0ns of the MOD
Section relating to overt~me.
(2) For employees covered herel~ who hold permanent
pOSltlonS at the Library, the full tlme work week
shall be defined as forty (40) hours, Monday
through Saturday, as scheduled by the Clty
Librarlan or hls/her designated representatlve.
Sunday work shall be compensated at the rate of
tlme and one-half (1-1/2) the normal hourly rate.
It lS the lntent of the C~ ty to asslgn Sunday
work on a volunteer basls. However, In the event
there are not enough volunteers to staff the
Sunday work at the Library, said work wll1 be
asslgned on an equltable baS1S among employees
I "Pay" shall mean compensation for regular hours
worked, sick leave, vacatlon, bereavement leave,
holldays, admlnistratlve leave days, compensatory tlme
off and/or Jury duty
J.
"Completed Calendar Month of SerVlce" shall
calendar month ln WhlCh an employee has been
pay for eleven (11) or more worklng days.
mean a
earnlng
K.
"Base Rate" shall mean the hourly rate
employee's salary step excluding any
assignment, bonus pays or other compensation.
for the
speclal
L. "Y-rated" shall mean the malntenance of the employee's
salary rate at the level effectlve the day precedlng
the effectlve date of the personnel actlon placlng the
employee in a lower salary range.
M. "Munlcipal Employee Relatlons Officer" shall mean the
City Manager.
N.
"worklng
Agreement
Day" as used
pertalning to
ln the sectlons
Vacatlon accrual
of this
(Section
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4 02) and slck leave accrual (Sectlon 4 03) shall mean
e~ght (8) hours.
O. "Compressed Work Schedule" shall mean a work schedule
in which a full-tlme employee lS ass~gned ~o work a
total of elghty (80) regularly scheduled work hours lTI
nine (9), or less, days in a given two-week (l.e., two
work week) perlod
Overpayment Remedy
Permanent employees covered herein shall reimburse the Clty
for any overpayment of wages or benefits. Sald
reimbursement shall not be requlred until the City notlfles
the affected employee in wrlting. The overpayment shall be
relmbursed by payroll deductlons over a tlme perlod equal
to the tlme period the overpayment was made, or by any
other reasonable repayment method mutually acceptable to
the Clty and the employee. A lump-sum deduction shall be
requlred if the next subsequent employee payroll warrant 18
the final or termlnation warrant lssued to the affected
employee.
Payments at Terminatlon
When permanent employees covered hereln leave the serVlce
of the Clty of Santa Monlca, they shall be entitled to
lump-sum payoff of vacatlon leave, unused floatlng hollday,
unused accrued compensatory t~me and unused accrued
admlnistrative leave days only No clalm shall be made
agalnst the City for the use or payment of unused accrued
sick leave, nor shall the effective date of termlnatlon be
extended by the use of COMpensatory tlme, sick leave,
vacation or other leave days.
Compensation & Beneflts for Part-Tlme Employees
Incumbents of line-ltem posltions employed in a work week
less than that defined as the full-tlme work week shall be
compensated In that proportlon of the compensatlon for
full-time employment as the number of hours budgeted for
that posltlon bears to the full-time work week.
Compensation shall include base salary, deferred
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compensatlon or any bonuses or skll1 pays provlded by ~his
Agreement
Incumbents of llne-item positlons regularly worklng less
than the full-time work week shall accrue vacation, sick
leave, admlnistratiye leave and other tlme off In the same
ratlo as the average number of hours they work per week lS
to the full-time work week for the posltlon occupled.
Other fr~nge beneflts shall be provided to part-tlme
employees covered hereln as lf they were employed on a
full-time basis.
Demotions
All demotlons shall be in accordance with the Clty Charter
and the Santa Monica Municlpal Code.
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2.01
lL~TICLE II: COMPENSATION
2.02
Effectlve Date of Pay Increase
Notwlthstandlng any other provislon contained herein,
changes to the salary range and salary related benef~t
changes provlded hereln shall become effectlve on the first
day of the payroll period closest to ~he effectlve date
stated herein. If the effective date stated hereln falls
on the Sunday ln the mlddle of a pay perlod, the effectlve
date shall be the first day of the following payroll
period.
Salarles
Salarles of City employees ln Ilne-item positlons shall be
on a monthly rate, paid on a bl-weekly equlvalent basls.
In lieu of the bl-weekly equlvalent to a monthly rate, the
City Manager may fix the compensatlon of any pOSltlon at an
hourly rate. In posltlons for whlch the work week lS forty
(40) hours, the hourly rate shall be determlned by dlv~dlng
the bi-weekly rate by eighty (80).
A. Effectlve July 1, 1996, the E-step salarles of
employees covered herein shall be lncreased by two
percent (2%)
B. A glven classiflcatlon covered by this MOD will be
ellgible to recelve an equlty adJustment provldlng
that the compensatlon study conducted by the Clty of
Santa Monlca substantlates the need for an equity
adjustment to bring the salary range of that
classiflcatlon In llne wlth the mean salary pald to
the same classlflcatlon found in comparable citles
The Clty wlll be wllllng to recelve and evaluate any
salary compar1son data Lhat ATA mlght want to make
available regarding an equity adJustment for a glven
classlfication Should a compensation s~udy lnd1cate
that a glven Job classiflcatlon is currently belng
paid above the mean salary pald to the same
classlficatlon found ln comparable clties, the salary
range of that classiflcatlon will remaln unchanged.
Internal equity factors wll1 also be taken lnto
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consideratlon, as deemed approprlate by the Clty, when
determinlng whether or nor an equiry adJustment for a
glven claSSlflcatlon lS warranted. EqUlty adJusrMents
described hereln will be consldered on an annual
basls, elther as a part of the annual budget process
if no MOD negotlatlons should be occurrlng during the
year or as a part of the MOD negotlarlons process
should the MOD be up for negotlation.
Overtime
For employees holdlng a budgeted 11ne-item positlon ln a
Job clasSlflcatlon covered by thlS agreement, the following
overtime provlsions wll1 apply:
Overtlme for full-tlme permanent employees shall mean work
in excess of the employee's regularly scheduled work day or
ln excess of forty (.40) hours ln one (1) week. Overt~me
for permanent part-time employees who regularly work less
than eight (8} hours ln one (1) day and forty (40} hours In
one (1) week shall mean work in excess of eight (8) hours
ln one (1) day or forty (40) hours In one (1) week.
Overtlme hours must have the prior approval of an
authorlzed management off~clal.
For the purpose of calculatlng overtime, dlscretlonary pald
tlme off, defined as vacatlon, personal leave (MOD days),
floatlng holidays and/or compensatory tlme off, shall not
count towards the forty (40) hours Non-discret~onary paid
tlme off, deflned as all other pald leave time, shall count
towards the forty (40) hours
In addition, If an employee ~s requlred to work on a
hollday observed by the employee's department or dlV1S10n,
the employee shall be pald overtlme for all hours worked on
the holiday ln additlon to hollday pay. If the employee
works on an authorlzed holiday, the actual number of hours
worked on the holiday shall count towards the forty (40)
hours for the purpose of calculating overtlme for the work
week.
For employees covered hereln who hold permanent posltions
at the Library, the full time work week shall be defined as
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forty (40) hours, Monday through Sat~rday, as scheduled by
the City Llbrarlan or hls/her deslgnated representatlve.
Overtime shall be pald for hours worked on Sunday. It lS
the lntent of the City to asslgn Sunday work on a volunteer
basls. However, ln the event there are not enough
volunteers to staff the sunday work at the Llbrary, the
work wll1 be asslgned on an e~Jltable basls among
employees
All authorized. overtime shall be compensated with cash
payment based upon one and one-half (1-1/2) t:.lmes the
hourly rate equivalent of the employee I s monthly salary
computed to the nearest one-tenth of an hour Instead of
cash payment:., an authorlzed management departmental
officlal may grant compensatory tlme off at the rate of one
and one-half (1-1/2) hours off for such overtlme.
Departmental management offlcials shall not unr~asonably
deny an employee's request for compensatory tlme ln 11eu of
pay. If compensatory time lS accrued and not taken by June
30 of any fiscal year, it wll1 be pald to the employee at
the rate earned.
There shall be a reasonable effort to dlstribute overtlme
equltably among employees ln the appllcable Job
classiflcation ln an operatlonal work group. If an
employee belleves he/she has been lmproperly denled
overtlme assignments, such claims may be processed through
the grievance procedure
In order to supplement elght (8) hours of pald leave time
for a regularly scheduled work day comprlsed of more than
elght (8) hours, the employee will have the option of
worklng the addltional tlme requlred, on a stralght-tlme
basls, during the appllcable seven-day work week, ln order
to recelve a full day's pay for the day ln questlon Pald
leave time would include vacation, sick leave or
administratlve leave days.
In no event may an employee's work schedule be changed to
avold the payment of overtlme unless the employee lnitiates
the schedule change.
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Promotlonal Pay Rate
I f a permanent: employee covered hereln lS promoted and
his/her salary lS equal to or greater than the entrance
salary of the prornotlonal classiflcatlon, the employee's
salary shall be increased to the next hlgher salary rate
which prov~des a mln~rnum five (S) percent salary increase,
provided, however, that ln no event shall the salary rate
exceed the maXlmum salary rate for the new clasSlficatlon.
A reclasslflcatlon of a permanent employee covered hereln
to a hlgher level Job classlficatlon wll1 be cansldered a
promotlon and the employee's salary shall be lncreased to
the hlgher salary rate ln the new classiflcatlon which
provides a minlmum of flve (5) percent salary lncrease,
provided, however, that ln no event shall the salary rate
exceed the rnaXlmurn salary rate for the new classiflcatlon.
Y-Rating
When a personnel actlon, e.g., demotlon due to layoff or
reclasslficat~on, results in the lowering of the salary
range of a permanent employee covered hereln, the lncumbent
employee's salary may be Y-rated "Y-rated" shall mean the
malntenance of the employee's salary rate at the level
effectlve the day precedlng the effectlve date of the
personnel actlon placlng the employee in a lower salary
range The employee's salary shall remaln at such level
untl1 the salary range of the new classiflcatlon equals or
exceeds the Y-rated salary
Pay for Servlng ln a Higher Job Classiflcatlon
When, ln the determlnatlon of the Department Head or City
Manager, lt 18 necessary to speclflcally asslgn an employee
the signiflcant dutles and responsibllities of a higher
classlflcatlon, the employee so asslgned shall be
compensated as follows
A. If the asslgnment lS temporary due to the vacation,
slck leave, Jury duty or other temporary absence of
the employee ln the higher classlfication, the
employee temporarily assigned shall be paid at the
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rate of seventy-flve (75) cents per hour for all such
hours asslgned after the employee works a mlnlmum of
two (2) consecutlve work days ln the hl-gher
class~fication assl-gnment, wlth payment retroactlve to
the f~rst day.
I= the temporary asslgnment should last a minlmum of
fourteen (14) consecutive work days, the employee
temporarily assl-gned shall receive the salary rate for
the vacant classiflcatlon at the lowest salary step
that provldes a mlnlmum five (5) percent salary
lncrease, provided, however, 1n no event shall the
salary rate exceed the maxJ.mum salary rate for the
vacant claSSlflcatlon being fll1ed by the employee on
a temporary basis. Sald lncrease shall be retroactive
to the flrst day wlth the employee reimburslng the
Clty for any addltlonal payment recelved under
paragraph one (1) above.
The City shall not rotate employees lon and out of
higher positlon clasSlflcatlon assignments ln order to
avoid paYlng said compensation.
B. If the posltlon to be fllled lS vacant and there lS no
valld ellgible 11St for the classiflcatlon, the
Department Head or City Manager, If he/she has
lnltlated procedures to fl11 the vacancy on a
permanent basls, may asslgn an employee who meets the
mlnimum qualificatlons of the vacant posltion to fill
the posltlon on a temporary detail (acting) basls.
The employee so assigned shall receive the salary rate
for the vacant classlfication at the lowest salary
step which provides an increase of at least five (5)
percent over hls/her current salary In no event,
however, shall the employee's salary rate exceed the
salary range establlshed for the vacant claSSlflcation
being fllled by the employee on an "act1.ng" basls If
an eligible list eXlsts for the vacant pOSitl0n, the
Department Head shall appolnt an employee from the
ellgible list at the earllest possible date, and the
prOV1S10ns of this paragraph shall be applicable to
the employee aSSlgned to cover the vacancy in any
lnterlm period.
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Nothing In th:..s Sectlon shall requlre the City to make
temporary assignments of employees.
Skill Pay
The followlng provls1ons eXlst for added payment to
employees covered hereln who possess speclal skl11s not
re~~ired of their classlficatlon specificatlons, provldlng
that sald speclal skills are utll1zed by the employee in
the performance of hls/her Job:
A. Professional Englneer Registratlon
Civil Englneer Assistants, Clvil Engineer Assoc~ates,
and Plan Check Engineers shall recelve an additlonal
$165 00 per month above thelr salary rate after they
recelve offlcial registration by the State of
Callfornia Such reglstratlon must be malntained by
the employees and supplemented by regular, at least
annual, courses in the englneering field of study, or
the Sklll pay wlll be stopped as of July 1 of the next
flscal year. Courses whlch wll1 enable the employee
to meet thlS requirement must be approved by the
employee's supervlsor 1n advance Sald courses must
be taken on the employee I sown tlme and wlll be
subject to the tUltlon relmbursement sectlon of thlS
Agreement.
B. Bl1lngual Skl11 Pay
Quallfied employees who meet the criterla set forth
hereln shall receive a blllngual skll1 pay of $50.00
per month. To recelve blllngual pay the followlng
criterla must be met:
(1) The employee must be assigned to speak or
translate a language ln addition to Engllsh.
This may lnclude speclalized communicatlon skllls
such as slgn language.
(2) An employee must regularly utilize such skllls
during the course of thelr duties or upon request
of Clty management.
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(3) To become quallfled, an employee mus~ be
certifled as quallf~ed =hrough examlnat~on
admlnistered by the Personnel Department
(4) In order to retaln sald bllingual skill pay fro~
one fiscal year to the next, durlng the first
month of the new flscal year (July) the employee
receivlng bllingual skll1 pay must be recertlfied
as quallfied through examlnation admlnlstered by
the Personnel Department.
C. Professlonal Planning Registration
Planner, Assoclate planners and Asslstant planners
shall receive an addlt~onal $25 00 per month above
thelr salary rate after they recelve an Amerlcan
Instltute of Certlfied Planners certlficate. Such
certlflcate must be malntalned by the employees and
supplemented by regular, at least annua:, courses ln
the plan~lng field of study, or the skill pay wll1 be
stopped as of July 1 of the next flscal year. Courses
whlch will enable the employee to meet thlS
requlrement must be approved by the employee'S
superVlsor In advance. Said courses must be taken on
the employee I s own tlme and wll1 be subJect to the
tUltlon relmbursement sectlon of thlS Agreement.
Superv~sory Differential
A supervlsory differentlal of 2 7% shall be pald to
employees covered hereln who are asslgned to regularly
supervlse other employees In the same Job classiflcatlon
and who are not covered under the terms of the Sectlon of
thlS MOU coverlng pay for servlng ln a hlgher
classlfication.
Shlft Differentlal
Shlft differentials shall be as follows
A.
seventy-flve cents ($0.75)
worked on the shift for
schedule requlres that the
for all hours
whose regular
work at least
per hour
employees
employee
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four (4) hours between 4:00 p.m. and 12:00 Mldnlgh~,
subJect to Subsections C, D and E below.
B. Nlnety (90) cents per hour for all hours worked on
a shlft for employees whose regular schedule
requires the employee to work at least four (4)
hours between 12 00 Mldnlght and 7 00 a.m.,
subJect to Subsectlons C, D and E below
C. If any employee quallfies under both Subsectlons A
and B above, Subsectlon B shall prevall.
D. Shlft differentials are not appllcable when
scheduled hours are compensated as overtime.
E Shlft d~fferentials are not appllcable when the
employee is working the above hours as part of a
"spli t Shlft. " "SpIlt shlft" is defined as: a
Shlft of eight (8) or more hours ~n a single day,
separated by a break of at least three (3)
non-worklng hours durlng the shift. Such employees
shall be pald the applicable Shlft different~al,
establlshed ln Subsections A or B above, only for
the hours actually worked on that Shlft.
F. If, durlng the term of this Agreement, a hlgher nlght
Shlft dlfferentlal 15 provlded by the City councl1 to
any other bargain~ng unit, employees covered hereln
shall recelve the h~gher rate.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A Medical Insurance
Effectl ve July 1, 1996, the Cl ty agrees t.o pay up to a
maXlmum of $475 per month towards the cost of medlcal
lnsurance coverage for employees and ellgible dependents
provided that employees covered hereln partlcipate In the
City-offered medlcal insurance programs. The cost of
medlcal insurance coverage will be set at the beginning of
each medlcal plan year and w~ll be a "composite" monthly
premlum derlved by dlvidlng the total monthly premlum for
all medical plans offered by the City, except the PERS
PORAC medical plans or any other PERS medical plans, by the
total number of employees enrolled in sald medlca~ plans as
of the beglnning of the medlcal plan year. Any extra
payment requlred under such plans shall be pald by the
employee electing such coverage.
The City and ATA agree that employees should beneflt from
any premium savlngs which accrue from the lmplementat10n of
a new health lnsurance program (Trlple Optlon Plan +
Kalser) In 1994. The following procedure wl11 be utillzed
to determlne savlngs, lf any, and, ln the event of savings,
how said savlngs wll1 be dlstrlbuted:
(1) The actual medlcal lnsurance premlum costs for 1993
for non-safety employees shall be compared agalnst the
City's actual premlum costs for the new Trlple Option
Plan + Kalser for those same employees.
(2} If there should be any premium savings between 1993
and 1994, each employee's share of the savlngs wlII be
determlned by dlvlding the total amount of the savings
by the total number of Clty employees (non-safety}
particlpatlng ln the Clty'S medlcal lnsurance program.
Each employee's share of any savlngs wlll be pald to
the employee by no later than March 1, 1995. Prior to
thlS payment, the Clty will meet and confer wlth ATA
and the other City bargalnlng units to determlne the
method by WhlCh sald payment will be made (e.g., lump
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sum, contr~butlo~ to deferred compensatlon plan,
etc. )
In the event the medlcal insurance premlums for the Trlple
Option Plan for 1995, and any subsequent calendar year,
should be less than the actual Clty medlcal lnsurance
premlums for 1993, the savlngs will be handled in
accordance with the same procedure, outllned above, wlth
the payment being made to the employees by no later than
March 1 of the followlng calendar year.
B Dental Insurance
Dental insurance coverage shall be provlded at no cost
to the employees and thelr ellglble dependents
provlded ~hat employees covered herein partlclpate ln
the Clty-offered dental lnsurance programs.
C. Vlsion Insurance
The City agrees to provlde Vls~on care insurance, at
no cost, to employees covered hereln The City
retalns the right to select the provider and to set
the levels of coverage for said vision care lnsurance
plan The City also retains the rlght to change the
provider of sald vislon insurance plan and/or the
level of benefits provlded under that plan without
meetlng and conferrlng.
Retlrement
The Clty 18 a contract member of the PubllC Employees I
Retlrement System, and lt is understood and agreed that
such membershlp wlll be malntalned and that employee
ellgiblllty classlflcatlon, contrlbution, and beneflts are
as prescrlbed in the contract between the City and the
PubllC Employees' Retirement System heretofore approved by
the City Councll. The City shall contlnue to pay on behalf
of each permanent employee covered hereln one-hundred (100)
percent of the indlvldual employee'S share of the requlred
retirement contributlons to PERS [seven (7) percent of the
employee's "compensation" as deflned by PERS leglslatlon]
for the term of this MOO.
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These payments are not lncreases 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 Clty wlll not treat these
payments as ordlnary income and thus, wlll not withhold
Federal or State lllcorne tax therefrom. The Clty'S practlce
wlll be to report these payments as belng those of the
employees so that they wlll be credited to the partlcular
employee I s indlvldual account wlth PERS and upon
termlnation wlll belong to the employee.
It is agreed that lf State and/or Federal procedures
requlre reporting of these payments ln any other manner,
the partles will ablde by such requirements
TUltion Relmbursement
The City wlll budget annually suff~clent funds to provlde
each permanent llne-~tem employee of the ATA tUltlon and
required study material reimbursement for career
lmprovement or Job enhancement courses approved by
authorlzed department management offlc~als and subJect to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tUltion
(excluslve of lodglng and meals) and the total cost of
requlred study materials, provided, however, that:
A.
The maXlmum annual
indl v~dual employee
dollars ($1000.00).
amount of re~mbursement per
shall not exceed one thousand
B. The course of study must be approved ~n advance by
authorlzed department offlcials and the Dlrector of
Personnel.
C. The course must be dlrected to qual~fy the employee
for an employment pOB~tion represented in the City
work force or to enhance current job skllls.
D. The employee must exhiblt some reasonable expectation
of qualifYlng for the new pos~t~on upon successful
completion of the study course lf that was the reason
for the course.
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E. Re~mbursement shall be made upon successful completlon
of the pre-authorlzed course and upon presentatloP- of
recelpts and proof of sat~sfactory course completlon.
F. In no event shall the Clty'S reimbursement be reduced
when there lS an outslde source of ald except ln those
cases where the ald from any outside source, plus the
normal City relmbursement, exceeds the cost of tuitlon
and study materlal for the approved study course.
G. Only employees who have completed a probationary
perlod with the Clty shall be eliglble for thlS
program.
H. Courses for which tUltion reimbursement will be made
must be taken on the employee's tlme or on authorized
vacation leave.
I. The procedure to be followed with regard to the
administration of the tu~tion reimbursement program
shall be establlshed by the Personnel Department.
Deferred Compensation
Each employee covered hereln shall be offered particlpation
ln the City'S deferred compensation plan. The Clty agrees
to contribute to the plan the amount the partlclpatlng
employee lS contrlbuting to the plan on his/her behalf, but
not to exceed seventy-five dollars ($75.00) per month for
any partlcipatlng employee.
Mileage Reimbursement and Energy Conservatlon
Reimbursement to permanent employees covered hereln for the
author~zed use of personal automob~:es on Clty bUl;aness
shall be at the rate authorlzed by the City Counc~l.
Relmbursement rates wlll be cons~dered in preparlng budget
recommendations at least every two (2) years.
Santa Monlca Munlclpal Bus Llne tokens wlll be provided to
any employee covered hereln who 8ubmlts, on the City form,
a record of his/her trips (home to work slte, work site to
horne, or work site to work slte) during the precedlng
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month. The San~a Monlca Munlclpal Bus Llne route number
used for each trlp must be entered on the relmbursement
form
Long Term Dlsabillty Insurance
The Clty agrees to malntaln a long term dlsablllty
lnsurance plan for perrnanent employees covered hereunder at
no cost to the employee The long term disablllty
lnSUyance benefits wlll be equal to 60% of either the
employee's base salary or $6,667.00 per month, whlchever
amount lS less, reduced by the employee's income from other
sources.
Sick Leave Buy Back
The employee has the annual optlon to be paid for certain
unused slck leave on the terms noted below or to "bank"
unused sick leave.
Payment at the employee's base rate for the flscal year
durlng which the slck leave was earned but not used shall
be made only to employees on the payroll as of June 30 of
that flscal year. To quallfy for payment an employee must
have a sick leave "bank" of twelve (12) days For the
purposes of thlS Sectlon, "bank" shall mean sick leave
earned in prlor years and reported in the "Sick Leave
Balance Brought Forward from Prior Contract Year" column of
the "Vacatlon, Slck Leave and Compensatory Time" report
lssued by the Flnance Department at the beglnning of the
flscal year durlng WhlCh payable slck leave lS earned.
Annual slck leave payoffs under this Sectlon for employees
with less than ten (10) years of serVlce shall be made
accordlng to the followlng schedule:
Slck Leave Days Osed
In the Fl$~al Year
Slck Leave Days Payable
At Fiscal Year End
2
3
4
5
6
5
4
3
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6
7
8 or more
2
1
o
Annual slck leave payoffs under this Sectlon for employees
wlth ten (10) or mo:::-e years of serVlce shall be made
accordlng to the following schedule, provlding there are
enough slck days accrued ln the employee's slck leave bank
to cover the payoff descrlbed below:
Sick Leave Days Osed
In the Fiscal Year
Sick Leave Days Payable
At Flscal 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
For a part-tlme employee, the slck leave buy back
schedule, as set forth In the precedlng paragraphs,
wlll be prorated ln the same ratlo as the number of
hours budgeted for the employee's pOBltlon bears to
the full-time work week
It lS mutually acknowledged by the partles that the
use of Code 40 or other tlme off not approprlately
scheduled ln advance wlll dlsqualify an employee from
ellgibillty for payment under thlS Sectlon
Slck leave for which payoff lS received shall be
consldered "used" ln that lt will not be added to the
"bank" (or if added to the "bank" prlor to the payoff
date shall be removed from the "bank")_
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Sick leave payoffs under thlS Sectlon shall be made by
separate check by the end of July followlng the f~scal
year ln whlch the payable slck leave was earned.
Oniforms
The City shall provide all necessary unlforms, as
determined by the Clty, to each e~ployee covered hereln who
lS required by the City to wear a un~form
Term Llfe Insurance
The City agrees to malntaln at no cost to the employee a
term life lnsurance plan for permanent employees covered
hereln, with indivldual coverage to be equal to the
employee's base annual salary rounded up to the next one
thousand dollars.
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ARTICLE IV: LEAVES
4.01
Pald Holldays
Employees covered hereln shall recelve pald holidays as
provlded below:
New Year's Day - January 1
Martin Luther Klng's Birthday - Thlrd Monday in
January
L~ncoln's Blrthday - February 12
Washlngton's Blrthday - Thlrd Monday ln February
Memorlal Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday ln November
The Friday Following Thanksglvlng Day
The Half-Day Immedlately Before Chrlstmas Day
Chrlstmas Day - December 25
The Half-Day Immedlately Before New Year's Day
One Floating Holiday
All Other Holidays Declared by the City CounCll
In addltion, the Library shall close by no later than 5:30
P.M. on the day before the Thanksglvlng hollday and the day
before the New Year's Day hollday.
A floating holiday becomes available at the beglnning of
each flscal year and must be taken before the end of that
flscal year. Only those employees who are on the payroll
at the beglnning of the flscal year shall be entltled to
receive the floatlng hollday for the fiscal year. A
floatlng holiday not taken by the end of the fiscal year
may be paid to the employee if the employee enters the day
on his/her final tlme card for the fiscal year. Fallure to
take the floating hollday or to put the holiday on the last
tlme card for the flscal year shall constltute a forfelture
by the employee. A floating holiday which is cashed out at
the end of the fiscal year shall be paid ln an amount equal
to elght (8) hours of the employee's straight-time base
salary rate of pay.
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Whenever any day listed hereln as a pald hollday falls upon
the first or second day off of any employee who has two (2)
consecutlve days off, the day precedlng shall be deemed the
holiday if it falls on the first day off, and the day
following shall be deemed the holiday lf lt falls on the
second day off ln lieu of the day llsted. Whenever any day
listed herein as a paid holiday ralls 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.
Employees in departments or dlV1Slons observlng different
hollday schedules shall, ln lleu of holidays Ilsted above,
receive holidays enJoyed by other operatlng employees In
that department or divislon, provided, however, that the
same number of holidays [twelve (12)J shall be observed
Whenever any day listed herein as a pald hollday falls upon
any day other than Saturday or Sunday when a Clty faclllty
(including department, dlvlsion or work unlt) is already
scheduled to be closed to the publl.c because of the
adoption of a compressed work schedule, employees who work
at said City facility will recelve a floating hollday l.n
lieu of the day Ilsted as the paid holiday. This floatlng
hollday cannot be accrued and carrled over to the next
flscal year, and the floatlng hollday cannot be cashed out
at the end of the flscal year. ThlS floatlng hollday must
be taken by the end of the fiscal year In WhlCh lt l.S
granted to the employee or be forfeited.
Vacatlon Leave
Employees covered hereln shall accrue vacatlon leave wlth
pay on the followlng basls:
A Followlng completlon of the flrst six (6) calendar
months of continuous service, six (6) worklng days.
B. Thereafter, up to and lncluding flve (5) completed
years of service, one (1) worklng day for each
completed calendar month of service.
C. Thereafter, up to and lncludlng ten (10) completed
years of service, one and one-quarter (1 25) worklng
days for each completed calendar month of serVlce.
30
4.03
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D. Thereafter, up to and includlng fif~een (15) cample~ed
years of serV1ce, one and one-half (1 5) worklng days
for each completed calendar month of service.
E. Opon completlon of f~fteen (15) years of serVlce and
thereafter, one and three-quarters (1.75) worklng days
for each completed calendar month of service.
F. Employees are expected to take thelY vacatlon each
year An employee who has accrued vacatlon to the
maximums prescribed herein may be requlyed to take
vacation leave ~n order to reduce the accumulatlon
balance. The schedullng of vacatlon shall be
according to department or divlsion policies and
contingent on the SeYV1Ce needs of the department.
G. Accrual of vacatlon leave shall not exceed forty (40)
days. If an employee lS denled the tlme off required
to maintain a vacation balance below the max~mum
allowed, the Department ~ead shall authorlze payment
to the employee for such vacatlon as would exceed the
maximum accumulation llmlt.
H. Except as provlded hereln, the adminlstratlon or
appllcation of vacatlon leave prOV1Slons and the
llm~tations on the accumulation, proportlonate
accumulation, scheduling and payment for such leave
shall be as prescrlbed ln the Civll Serv1ce provislons
of the Santa Monlca Munlc~pal Code.
Slck Leave
A. The use af slck leave shall be deflned as In Sectlon
2 04.570 of the Santa Monlca Mun~clpal Code, hereby
lncorporated as if set forth ln full herein, except as
follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-job
injury, exposure of the employee to contaglous disease
as evidenced by certiflcatlon from an accepted medical
authority, medical or dental appolntments of the
employee or the employee's dependent children whlch
31
4 04
It
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could not be scheduled durlng non-work hours, wl::h
proper advance not~ficatlon to the Department Head, or
illness or lnJury of any member of the employee's
household.
B. Employees covered hereln shall accrue slck leave with
pay on the followlng basls, provlded that permanent
part-time employees shall accrue slck leave ln that:
proportlon as the numbe~ of hours budgeted for the
posltion bears to the full-time work week:
(1) Following the completlon of the flrst SlX (6)
calendar months of contluuouS serVlce, SlX (6)
working days.
(2) Thereafter, one (1) worklng day for each
completed calendar month of service.
C The foregoing benef1ts are cumulatlve subJect to the
followlng restrictlons
(1)
No more than one-hundred-thirty
days may be applled against sick
one (1) lllness.
(13 0) worklng
leave for any
D. Any employee who lS absent because of slckness or
other physlcal disability shall notify his/her
Department Head or other lmmed~ate super lor offlcer as
soon as posslble but in any event ln accordance wlth
department rules and regulations.
Leave of Absence Wlthout Pay
A permanent employee covered herein may be granted a leave
of absence wlthout pay upon appllcation approved by the
Department Head and the Clty Manager. Such leave may not
exceed one (1) year's tlme. Upon expiratlon of the leave,
the employee shall be relnstated to the posltlon held
before the leave was granted Such leave shall be granted
only in those cases where an employee's record of service
and qualiflcatlons make lt deslrable for the City to retain
the employee's services even at the cost of some
lnconvenience to the City.
32
4.05
4.06
4.07
4.08
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Mllltary Leave
The City wlll observe the milltary leave requlrements of
State and Federal law
Workers' Compensatlon Leave
Any employee covered hereln who 1S recelving dlsabllity
payments under the "Workers I Compensation Act of
Callfornla" (for on-the-Job inJurles sustained whlle
engaged in the performance of the dutles of any such
positlonJ shall recelve from the Clty, durlng the flrst
sixty (60) days of such dlsabillty absence, payments ln an
amount equal to the difference between the dlsabillty
payments recelved under the Workers' Compensation Act and
the employee I s full salary Such payments by the Cl ty
shall be made without any deductlon from accrued sick leave
benefits. The City'S obligation to make such payments
shall not commence untll the thlrd day of such dlsabllity
absence.
Jury Duty
Employees covered herein, when duly called to serve on any
Jury and when unable to be excused therefrom, shall recelve
the regular base compensatlon less all jury fees received
excludlng mlleage for the tlme requlred to be spent in
court provided that an 1ndivldual employee will be so pald
for jury serVlce only once every three (3) years and shall
make every effort to cooperate Wl th any request by the
Department Head to request a delay ln Jury serVlce to
accommodate lmportant department work ln progress. Each
employee recelvlng a notlce to report for Jury serVlce
shall lmmedlately notlfy hls/her lmmediate supervisor.
Whenever dally jury duty scheduling permits, employees
shall return to thelr regular dally Job assignment to
complete their regular dally work hours.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provlded for absence from duty due to the
death of a member of the employee's immed1ate famlly.
33
4.09
4.10
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mean1ng spouse, child, brother, Slster, parent, step-
parent, step-brother, step-slster, parent-ln-law, son-ln-
law, daughter-in-law, grandparent or grandchlld. In
addltion, bereavement leave of not more than flve (5)
worklng days with pay shall be provlded for absence from
duty due to the death of any member of the employee's
household.
Admlnistrative Leave
The Clty agrees to grant each permanent employee covered
hereln four (4) adminlstratlve leave days off wlth pay per
flscal year In recognltlon of their professional and
admlnlstrat1ve role at the Clty Admlnlstratlve leave days
shall be earned in one (1) day increments effectlve at the
beginnlng of each three (3) month perlod of the flscal
year, to be usable as accrued.
Payment equlvalent to the employee's base salary as of June
30 for any unused administrative leave days shall be
payable to the employee, upon the request of the employee
at the end of the flscal year when earned A pald
admlnlstratlve leave day shall mean elght (8) hours at the
employee's straight-time base salary rate of pay.
Parental Leave
Employees who have prlmary responslblllty for the care of
a new child shall be entitled to a leave of absence
totallng four (4) months lmmedlately followlng the ch1ld's
blrth or adoptlon and shall be returned to the same line-
item posltion occupled prlor to the leave upon its
expiratlon. Paid vacatlon leave, unused accrued
admlnistrative leave, unused accrued compensatory tlme and
slck leave, lf appllcable, as well as unpald leave shall be
counted toward the four (4) month total. Addltional leave
may be requested under the provlslons of Section 4.04 of
this MOD.
Matern1ty leave lS not the same as parental leave and shall
be admlnistered ln accordance wlth State and Federal law.
34
4 11
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Family Leave
The City hereby agrees to lrnplement famlly and med~cal
leave In accordance with the Callfornla Famlly Rlghts Act
(CFRA) and the federal Family and Medlcal Leave Act (FMLA)
for all employees covered herein. These statutes shall
supersede and be lmplemented ln lleu of any contract
language or City pollcy/practlce which provldes a lesser
beneflt.
Before the lssuance of any admlnlstratlve regulatlons
pertalning to leave under the CFRA or FMLA, the Clty agrees
to discharge its meet and confer obligation wlth ATA.
35
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5.01
ARTICLE V: WORKING CONDITIONS
5.02
Safety and Loss Preventlon
The Clty shall provide a reasonably safe and healthy
working enVlronment in accordance wlth applicable State and
Federal laws, rules and regulatlons. The Clty shall
provide and malntain all equipment required by appllcable
safety laws and regulatlons and shall comply wlth all other
appllcable health and safety laws and regulatlons.
Employees shall report unsafe practlces, equlpment or
condi tions to their supervisors ATA agrees that where
safety deVlces or 1tems of protectlve equipment are
requlred or furnlshed, thelr use shal~ be mandatory.
An employee who lS d1rected to perform a task which the
employee has good reason to belleve lS unsafe may request
an ~mmediate reVlew by his/her Department Head and the
Personnel Dlrector who shall, If deemed approprlate,
consult wlth the approprlate offlcial (s) . Durlng the
perlod of reVlew and/or investlgatlon, the employee shall
not be required to perform the task complalned of, shall
not suffer loss of payor beneflts, and shall be assigned
other approprlate duties, lf possible.
If the task complalned of is deemed safe by the approprlate
offlClal(s), the employee shall then perform the work as
instructed.
Both partles to this MOO agree to fully support the Clty'S
R1Sk Control Pollcy. Bald POllCY sets forth the Cl ty 's
commltment to malntalnlng a safe and healthy work
environment, ~o preventlng accidents and inJurles and
mlnlrnlzing rlsk and loss wherever posslble Sald polley
outllnes the safety responsiblllties of the City, City
managers and supervlsors, and City employees.
Effect of Job Performance on Salary
Normally, placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment, C-Step
at two (2) years of employment, D-Step at three (3) years
of employment and E-Step at four (4) years of employment.
36
5 03
5.04
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The City Manager, ln exceptional cases, based upon speclflc
appraisal of the lmportance and dlfflculty of the work and
the experience and ablllty of the person to be employed, or
of the lncumbent, rnay authorlze entrance salarles hlgher
than the mlnimum, and speclal increases ea~ller than what
lS prescrlbed ln the salary schedule for the class and
length of servlce of the lncurrbent. In no event, however,
shall the rate exceed the maximum rate for that class
Notwithstandlng any provlslon contained herein, there wlll
be no lncrease ln wages of any klnd as a result of a NOT
ACCEPTABLE rating on the employee's prescrlbed perlodlc
performance ratlng. There wlll be no subsequent lncreases
ln wages untll the NOT ACCEPTABLE ratlng has been lmproved
to at least the SATISFACTORY level. If overall performance
lS rated NOT ACCEPTABLE, the employee may be dlsmlssed from
serVlce, and if two (2) consecutlve performance ratings are
marked NOT ACCEPTABLE, the employee shall be dlsmlssed by
appolnting authorlty for lnefflciency (SMMC Sectlon
2.04 490) Any overall ratlng ln the BELOW SATISFACTORY
category may delay the next scheduled salary step lncrease
at the discretlon of the appolntlng authorlty. Such actlon
shall remaln ln effect untll the overall ratlng has been
lmproved to at least the SATISFACTORY level
Effect of Reasslgnment/Recertlflcatlon on Sklll Pays
When a "skill" or addltional pay referenced In this MOO lS
the result of asslgnment to speclfied dutles or hours, or
of malntenance of a reg1stration, certiflcate or other
credentlal, the loss of the skill or additional pay due to
the end of the asslgnment or failure to maintaln the
requlred registratlon, certiflcate or credentlal shall not
constltute a demot1on, pursuant to Sectlon 2.04.680 of the
Munlclpal Code.
Employee parklng
It is hereby agreed that the Clty wlll make every effort to
maintain free parking as lt presently eXlsts for Clty
employees at Cl ty facill tles. The employees covered by
37
5.05
5.06
It
e
this Agreement recognlze that the Clty must c01'1ply wlth
Regulatlon XV lssued by the Alr Qual1ty Management Dlstrict
(AQMD) and the Clty'S Transportatlon Management Plan
Ordinance If the use of posltlve lncentlves does not
result In the Clty meetlng the compllance requlrements of
AQMD's Regulation XV or the Clty'S Transportatlon
Management Ordlnance within one (1) year of the effective
date of thls Agreement, lt is understood that the City can
implement a charge for parking durlng the term of thlS
Agreement ln order to meet those requirements. In
additlon, lf lt should become necessary to charge for
parking durlng the term of this Agreement ln order to
comply wlth any other State or Federal requirement
regard1ng transportatlon management, the City can lmplement
said charge. However, ln no event shall the City implement
such a charge for parking without meetlng and conferrlng
Wl th ATA should any employee (s) represented by ATA be
subJect to such a charge.
Official Personnel Flle
Only that file malntalned by the City's Personnel Office
and the contents it contalns shall be consldered the
offlclal personnel flle for each employee covered hereln.
An employee's offlclal personnel file and any other flle
kept on that employee shall be confldent1al. An employee's
official personnel f~le may be revlewed only by the
employee, by lndivlduals authorlzed to reVlew sald flle on
a need-to-know basis, and by other persons authorlzed by
the employee
An employee covered by thls MOO shall be entltled to review
the content of hls/her officlal personnel flle at
reasonable lntervals provlded that the employee schedules
an appolntment, at least twenty-four (24) hours ln advance,
during the re~ular bUSlness hours of the Personnel Office.
Reduction in Hours from Full-Time to Part-tlme
In those cases where a permanent full-tlme employee deslres
to reduce hls/her work schedule to part-time, the employee
shall submlt a request for a reductlon in hours to his/her
38
5 07
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Department Head. As long as the operatlonal needs of the
Department and the Clty wlll stlll be met, upon approval by
the Department Head, the employee's request shall be
approved. The request w~ll cover a set per10d of t1me, not
to exceed six (6) months. At the end of that tlme period,
if the employee wishes to contlnue a reductlon ln hours,
he/she must submlt another request to his/her Department
Head and recelve the necessary approvals. If it should be
determined that the reductlon ln hours can no longer be
contlnued, the employee shall go back to a full-t1me work
schedule if he/she wlshes to retain hls/her position with
the C~ty
Work Schedules
In those cases where a permanent employee des~res to modlfy
hiS/her work schedule to accommodate spec~f~c work schedule
needs of the employ~e (e.g., dependent care arrangements)
that do not fall withln the normal work schedule
established for the employee's position, the employee shall
submit a request for a work schedule mod~flcation to
h~s/her Department Head. As long as the operatlonal needs
of the Department and the Clty will stlll be met, upon
approval of the Department Head, the employee I s request
shall be approved. If ~t should be later determined that
the operatlonal needs of the department and the C1ty can no
longer be met with the employee's modified work schedule,
the employee shall recelve at least thirty (30) days'
notlce that hls/her modified work schedule can no longer be
contlnued In the event that the employee cannot change
h~s/her outslde schedullng needs to flt withln the regular
work schedule establlshed for hls/her posltlon, the City
will make every reasonable effort to place said employee ln
another like posltlon where the employee's speclf~c
schedullng needs can be accommodated Whlle nothing ~n
thlS Sect~on requires that the employee' s mod~fied work
schedule be granted or that the employee be transferred to
a like poslt~on to meet the employee's outslde schedullng
needs, requests shall not be unreasonably den~ed
If an employee's request for a mod1fled
denled and if the employee does not agree
that has been reached, the employee
work schedule is
wlth the dec1s~on
can grleve such
39
5.08
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decision under Sectlon 6 04 (Grlevance and Complalnt
Procedure) of this Agreement. Fallure to successfully
transfer an employee under tnls Sectlon will not be
grlevable.
Promot~ons
If, upon promotlon, an employee represented hereln falls to
satlsfactorily complete hls/her probationary perlod In the
position to which he/she has been promoted, or durlng the
probatlonary perlod wishes to return to hiS/her former
posltlon, he/she shall have the right to return to hls/her
former positlon, if vacant, or to a comparable pOSltion ln
the same Job classlfication if a vacancy exists. If no
vacancy eXlsts, the employee wlll have any reappointment
rights to h1s/her former posltlon as provided by the Santa
Mon1ca Mun1clpal Code (Sectlon 2.04.450)
40
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6.01
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.02
6 03
Payroll Deductions
It lS mutually understood anQ agreed that the City will,
subject to the provls1ons of Ordinance No. 801 (CCS) and
dur~ng the term of this MOD, deduct monthly and rem~t to
the office or officer deslgnated in the employee payroll
deduction author1zation Recognlzed Employee Organlzatlon
dues, credl t unlon lnvestments or payment s, health and
hospltallzat1on lnsurance premlums, and life and accldent
lnsurance premlums. Any or all of such payroll deduct10ns
are subject to term~nat1on by the Clty Manager upon twenty-
four (24) hours notlce for failure to comply w~th the
provisions of thlS MOO
Reasonable Notlce
It lS mutually understood and agreed that a copy of the
ci ty Counc1l or Personnel Board agenda for each meetlng
malled, by U.S. Mail or 1nteroffice mall, to the authorized
representative of ATA shall constltute reasonable written
not~ceJ and notice of an opportun~ty to meet wlth such
agency, on all matters withln the scope of representatlon
upon wh1ch the City Councll or Personnel Board may act.
Time Off for Assoclation BUSlness
Elected Board Members of ATA or thelr designees shall be
allowed to utilize a total of forty (40) hours of tlme off
wi th pay durlng each fiscal year to conduct necessary
Associatlon bus1ness. These forty (40) hours per f~scal
year represent the aggregate max~mum use for all authorlzed
representatlves of ATA per f1scal year, as opposed to forty
(40) hours per representative. Prior to such usage,
authorized ATA representatlves must receive prlor
permission from the Department Head, or hls/her deslgnee,
~n writing. All such tlme off shall be reported by sa~d
ATA representatlve to the Director of Personnel for
accounting purposes.
41
6.04
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Grievance and Complalnt Procedure
A grievance lS a complaint by one (1) or more employees
concerning'
(1) Dlsciplinary actlons.
(2) A suspenslon, demotion or removal from a line-
item positlon classificatlon.
(3) The procedure, ratlng,
performance evaluation.
of
outcome
a
or
(4)
The application or lnterpretatlon of
and/or ordlnances, resolutions,
practlces or procedures affect1ng the
wages, hours or worklng conditions.
this MOO
policies,
employee's
A. Grievances related to dlscipl1nary actlons, lncluding
the appeal of a suspenslon, demotlon or removal, shall
be lodged by the employee and shall be subject to the
procedures outllned in Section 2.04.740 and/or Sectlon
2 04.750 et seq of the Santa Mon1ca Municipal Code,
WhlCh shall const1tute the sole adminlstrat1ve
recourse avallable under the terms of thls MOO.
B.
Grievances related
of a performance
follows:
to the procedure, ratlng or outcome
evaluatlon shall be resolved as
Step 1:
An employee covered hereln who bel1eves
that the prescrlbed evaluatlon procedures
have not been followed or that the
evaluatlon does not correspond to the
facts should make a wrltten complalnt to
hls/her supervlsor Wl thln ten (10)
worklng days of recelv1ng the performance
evaluatlon.
Step 2:
If no sat1sfactory response lS received
within flve (5) worklng days of fillng
42
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Step 3:
Step 4:
e
the complalnt, the employee should
immediately forward the complalnt to
hls/her Department Head. The Department
Head shall have ten (10) working days to
respond to the grlevance.
If no sat1sfactory response lS recelved
within ten (10) worklng days, the
employee should immediately forward the
complaint to the Dlrector of Personnel
The Director of Personnel shall confer
wlth the grlevant and the Department Head
and any other lnterested parties and
shall conduct such other investlgatlons
as may be advisable
The flndlngs of the Dlrector of Personnel
shall be submitted to the Clty Manager
wlthln ten (10) working days of recelvlng
the compla1nt. The Clty Manager shall
make his/her declsion In wri tlng. The
City Manager's decls10n shall be final.
The declsion of the Clty Manager shall be
mailed to the employee wlthln ten (10)
worklng days of receipt of the flnd1ngs
of the Director of Personnel.
The foregolng shall constltute the sole admin1stratlve
recourse avallable under the terms of this MOO.
C. Grlevances related to the appllcatlon or
lnterpretat10n of thlS MOO and/ or ordinances,
resolutions, policles, practlces or procedures
affect1ng the employee's wages, hours or worklng
condltlons shall be resolved as follows:
Step 1.
The aggrieved employee(s) shall meet wlth
the lmmed1ate supervisor to dlSCUSS the
grievance. The grlevance or grlevances
must be stated ln writlng, specifically
c1t1ng the MOU provlslon, ordinance,
resolutlon, rule, POllCY, practice or
procedure that lS the sub] ect of the
43
Step 2:
Step 3:
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grlevance, the circumstances glvlng rlse
to the grievance, and the deslred
solutlon to the grievance with1n thlrty
(30) calendar days of the event glvlng
rise to the grlevance or wlthln thlrty
(30) calendar days of the ernployee
learning of the event if the employee
could not have knowL of the event glvlng
rlse to the grlevance when said event
occurred.
If the matter cannot be satisfactorlly
resolved wlthln flve [5) worklng days
following the rneetlng wlth the immediate
supervisor, the employee may subm1t the
grlevance and the des1red solutlon to the
second level supervlsor, lf any.
The second level supervisor shall meet
with the grlevant and the grievant's
representatlves, if any, no later than
the grlevant's flfth (5th) work day
following presentatlon of the grlevance.
Wlthin five (5) worklng days followlng
such meeting, the supervisor shall glve a
written deC1Slon to the grievant
If the second level superVlsor does not have
the authorlty to resolve the grlevance, it
shall lmmediately be forwarded to the
Department Head or the appropriate authorlty.
If the grlevance is not resolved at Step
2, the employee may refer the grievance
wlthln ten (10) worklng days to the
Department Head, who shall meet wlth the
employee and the employee's
representative, lf any, to dlSCUSS the
grlevance wlthln the employee's fifth
(5th) worklng day followlng the
forwarding of the grievance. Wlthln five
(5) working days follow1ng such meeting,
the Department Head shall glve a written
44
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Step 4:
Step 5:
e
declSlon to the grlevant.
If no satlsfactory response is recelved
wlthln ten (10) working days, the
employee should lmmedlately forward the
complalnt to the Dlrector of Personnel.
The Dlrector of Personnel shall confer
with the grlevant and the Department Head
and any other lnterested parties and
shall conduct such other lnvestlgatlons
as may be advlsable
The flndings of the Dlrector of Personnel
shall be submltted to the Clty Manager
within ten (10) worklng days of recelvlng
the complalnt. The Clty Manager shall
make his/her decision ln writlng. The
City Manager's declslon shall be flnal.
The decls10n of the City Manager shall be
mailed to the employee wlthin ten (10)
worklng days of receipt of the flndlngs
submitted by the Dlrector of Personnel.
D All tlme perl ods in this Section may be extended by
mutual wrltten agreement of the employee or the
employee's representatlve, if any, and the management
representatlve lnvolved.
E. If a management representatlve does not meet w~th the
grlevant or render a declsion wlthln the tlme limits
specified, the employee may lmmediately exerClse the
next step in the grievance process.
F An employee who has initiated a grlevance, or asslsted
another employee in lnltlatlng and/or process1ng a
grievance, or who has testlfied at any hear1ng shall
not In any way be coerced, hlndered, i~tlmldated or
dlscrlminated agalnst for exercising thlS rlght.
G. Employees shall have the right to be represented ln
grlevance matters ln the followlng manner:
1. Employees shall have the rlght to represent
themselves lndlvldually in grlevance matters.
45
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2 Employees may deslgnate a member of the
department or of ATA to represent them ln
grievance matters at steps 1 and 2 of the
grlevance process
3. Employees may deslgnate a member of the
department, an ATA representative or a legal
representatlve to represent them ln steps 3 and
4 of the grlevance process.
ATA shall notlfy the Dlrector of Personnel, ln
writlng, of ltS deslgnated employee grlevance
representatives and shall provlde notification of
any change ln such representatlves.
H. Reasonable time off wlthout loss of payor beneflts
shall be given to a grlevant or ATA. employee
representatlve to lnvestigate and/or process
grlevances, and to witnesses in any gr1evance meeting
or hearlng held durlng work hours.
I. Before performing grlevance work, ATA representatlves,
the grievant or wltnesses shall obtain permlSSlon from
the immediate superVlsor. Neither the grlevant nor
the representatlve nor witnesses shall lnterrupt or
leave work if the superVlsor determines that such
lnterruptlonS or absence wlll unduly interfere wlth
the work of the employee However, lf the superVlsor
denies such time off, time off must be granted wlthln
twenty-four (24) hours of such request
46
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EXHIBIT A
Classifications subject to the MOO shall be as follows
Accountant
Administrative Analyst
Arch1tect
Assistant Domestlc Vlolence Counselor
Assistant Planner
Assoclate Planner
Civil Engineer
C1Vll Englneering Assistant
C1Vll Englneering Associate
Conservation Coord1nator
Crime Prevention Coord1nator - SHO
Cr1rne Prevention Coordinator
Domestic Violence Counselor
EnVlronmental Coordinator
EnVlronmental Programs Analyst - Hazardous Materials Management
Envlronmental Programs Analyst - Resource Efficiency
Employee Services Coordlnator
Envlronmental Inspector
Farmer's Market Coordlnator
Lead Environmental Inspector
Llablllty Claims Adjuster
Llbrarlan I
Llbrarlan II
Llbrary L~teracy prograrn Coordinator
Loss Control Officer
Network Administrator
Permlt and Project Analyst
Personnel Analyst
Plan Checklng Englneer
Principal Water Chemist
Programmer Analyst I
Programmer Analyst II
Senlor Accountant
Senlor Admlnistrative Analyst
Senior Personnel Analyst
Special ProJects Englneer
Systerns Admlnlstrator
Systems Analyst
Telecommunicatlons Analyst
Transportatlon Management Coordlnator
48
Tr~nsport~tion M
~ - qn~gement ~p~ 1
~rQnSPort~t~on Pl- ~ ~c~~ ~St
v'a ~nner
: EO Trainins/prOQUCtlO
-..t. '.dUCt, . " COO~d"o.to,
W-t . On CoorQ~nator
q Er Chemist
Workers' C
Youtb S ~mpenS~tlon Officer
Ervlces Counselor
e
49
e
WITNESS WHEREOF, the parties
of Onderstandlng to be
I/f'r; (., , 1997.
e
hereto have caused this Memorandum
executed this I day of
ADMINISTRATIVE TEAM ASSOCIATES
1
~ U ~ LJlC it,} ctf
Kak-en Plckett
Managing Director
p~~
lM/M () \~d~
r;arry'sfer VV'. -
APPROV~D AS TO FORM:
7Iht~dIJLtU&~
Mar~ha .{rjries'Mout{.ie
City Attorney
MANAGEMENT OFFICIALS
CITY OF SANTA MONICA
~.k~
Jo\{n Jah'Yl
Clty Manager
ATTEST:
~~.~.~
City Clerk
- 50 -
e
e
Adopted and approved thiS 11th of February, 1997
~
'/
I
~
Mayor
I hereby certify that the foregomg ResolutlOn9120 (CCS) \vas duly adopted at a meetmg
of the City Council held on the 11 th of February, 1997 by the followmg vote
Ayes
Councllmembers
Femstem, Genser, Holbrook, Rosenstem
Koes
Councllmembers
None
Abstam
Councllmembers
0' Connor
Absent
Councllmembers
Ebner, Greenberg
ATTEST
~~_Cit.H'~
City CI~~k -
e
e
RESOLUTION NO 9119 (CCS)
(CITY COUNCil SERIES)
A RESOLUTION OF THE CITY COUNCil OF THE
CITY OF SANTA MONICA FINDING THAT THE
PUBLIC NECESSITY, HEALTH, SAFETY AND
WELFARE REQUIRES, WITHIN CERTAIN
DESIGNATED AREA, THE UNDERGROUND
INSTAllATION OF WIRES AND FACILITIES
SUPPLYING ELECTRIC, COMMUNICATION OR
SIMILAR OR ASSOCIATED SERVICES AND
DESIGNATING SUCH CERTAIN AREAS AS
UNDERGROUND UTILITY DISTRICTS AND
ORDERING THE REMOVAL OF POLES, OVERHEAD
WIRES AND ASSOCIATED OVERHEAD STRUCTURES
WITHIN SUCH DISTRICTS AND THE UNDERGROUND
INSTALLATION Of SUCH WIRES AND FACILITIES
WHEREAS, a public heanng has been duly and regularly held pursuant to
Resolution Number 9119 ,on the proposed establishment of a new Underground Utility
Dlstnct along Main Street, from the south nght-of-way line at Pica Boulevard and ending
at twenty feet south of the south nght-of-way line at Hollister Avenue by
undergroundlng of utilities and appurtenant work thereto Within such Dlstnct, and
WHEREAS, reqUired publiC notice has been given and said Improvement has
been considered fully,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOllOWS
SECTION 1 The City CounCil hereby finds that the public necessity, health,
e
e
safety and welfare require the above descnbed Improvement In such designated areas
SECTION 2 The City Council hereby finds such undergroundlng to be In the
general public Interest for the follOWing reasons
A Such undergroundlng Will reduce visual blight along a major arterial
roadway which IS within an Important commercial dIstrict, and
B Such undergroundlng allows for a complete system connection to a
nearby section of Main Street within which there are no overhead utilities
SECTION 3 The proposed Dlstnct, Main Street from the south nght-of-way line
at PICO Boulevard and ending at twenty feet south of the south right-of-way line at
Hollister Avenue, IS hereby declared to be an Underground Utility Dlstnct as proVided
by the Santa Monica MUniCipal Code
SECTION 4 The City Council hereby orders the removal of all poles, overhead
wires and associated overhead structures from within the deSignated Underground
Utility Dlstnct and the underground Installation therein for all wires and facIlities required
for supplYing electriC, commUnication or Similar or associated services Utility
companies must Install the maximum allowable length of condUit, one hundred feet,
from the property line to the bUildings
SECTION 5 The City Council hereby orders that the completion of the proposed
Dlstnct be deSignated to be accomplished as expeditiously as pOSSible and shall be
e
e
coordInated wIth the Main Str&at Streetscape Improvement Project If timing penl1lts
SECTION 6 The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be In full force- and effect
APPROVED AS TO FORM
~ltat~
MARSHA ~UTRIE
City Attorney
e
e
Adopted and approved thlS 11th of February, 1997
'74V1
()~
rYfayor
I hereby cert1fy that the foregomg Resolutlon9119 (CCS) was duly adopted at a meetmg
of the C1ty Councll held on the 11 th of February, 1997 by the followmg vote
Ayes
Councllmembers
Ebner. Femstem. Genser, Greenberg. Holbrook. O'Connor,
Rosenstem
Koes
CounCllmembers
None
Abstalll
CouncIlmembers
}J" one
Absent
Councllmembers
None
ATTEST
'--
~~. ~~~\nA1-
\
C1ty Clerk
e
e
f: atty\muni\laws\j l\quake, res
City Council Meeting 2-11-97
Santa Monica, California
RESOLUTION NUMBER 9118 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINOING LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage within the City of Santa Monica;
and
WHEREAS, on January 17, 1994, as a result of the earthquake
the City's Director of Emergency Services issued a declaration of
local emergencYi and
WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the County of Los Angeles by the
federal, state and county governments; and
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the City of Santa Monica,
NOW, THEREFORE, the city Council of the City of Santa Monica
does resolve and proclaim as follows:
SECTION 1. The City Council declares that a state of local
emergency continues to exist within the city of Santa Monica.
SECTION 2. The City council directs the Director of Emergency
Services or his or her designee to take such actions as are
appropriate to the fullest extent provided by federal, state and
e
e
local law, to protect the public health, welfare, safety and
property of the residents of the City of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency Services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide or to obtain
emergency aid, assistance or services to the City of Santa Monica
and to contract for the immediate expenditure of public funds to
safeguard life, health or property, including when necessary to
protect public health and safety to expedite, including, but not
limited to shortening all required notice periods, or waive
competitive bidding procedures for public works and other city
projects.
SECTION 4. A copy of this Resolution shall be forwarded to
the State Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
'. A \ .
IruUd /~fl.Lat./-u...
MARSHA JON~J MOUTRIE
City Attorney
e
e
Adopted and approved thIS 11th of February, 1997
r
I hereby certify that the foregomg Resolutlon9118 (CCS) was duly adopted at a meetmg
O~
:.\rIayor
of the City CouncIl held on the 11th of February. 1997 by the followmg vote
Ayes
Councilmembers
Ebner, Femstem, Genser, Greenberg_ Holbrook, O'Connor,
Rosenstem
~oes
Councilmembers
None
Abstam
CounCllmembers
None
Absent
Councllmembers
None
ATTEST
'----~ ~ i~J
City Clerk
e e
f:\atty\muni\laws\mjm\parkrat2.res
city council Meeting 1-28-97 Santa Monica, California
RESOLUTION NO. 9117 (CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING PARKING RATES
IN THE DOWNTOWN PARKING STRUCTURES AND FINDING
THAT PARKING RATE INCREASES ARE EXEMPT FROM THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QOALITY ACT
WHEREAS, the downtown parking structures serve the Third
street promenade and adjacent commercial district; and
WHEREAS, the City desires to provide convenient and "user
friendly" parking to visitors, residents and employees; and
WHEREAS, the City has affirmed its commitment to the
continuing revitalization of the Bayside District,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. As of the effective date of this Resolution, the
rates to be charged in parking Meter Zone D shall be:
a. During the hours of 8:00 A.M. to 6:00 P.M., parking
shall be without charge for the first two (2) hours, and $.75 per
30 minutes or part thereof, for all time beyond the second hour up
to a maximum of Seven Dollars ($7.00) per day.
b. During the hours of 6:00 P.M. to 8:00 A.M. the
following day, parking shall be Three Dollars ($3.00) per entry for
each vehicle regardless of the amount of time the Vehicle is parked
a space in Zone D.
1
e
e
c. Permits for parking in parking Meter Zone D shall be
sold at a rate of Sixty-Five Dollars ($65.00) per month for
unreserved spaces.
d. Permits for parking in Parking Meter Zone D shall be
sold at a rate of Seventy-Five Dollars ($75.00) per month for
unreserved spaces effective January 1, 1998.
SECTION 2. The city Council finds that the establishment,
modification, structuring, restructuring or approval of parking
rates in the downtown parking structures contained in Section 1 is
for the purpose of meeting operating expenses, including employee
wage rates and fringe benefits and/or obtaining funds for capital
projects necessary to maintain service within existing service
areas.
SECTION 3. The City council hereby finds as follows:
The increase in parking rates in the downtown parking
structures is established to meet operating expenses, including
employee wage rates and fringe benefits, or obtain funds for
capital projects necessary to maintain service within existing
service areas.
SECTION 4. Pursuant to Public Resources Code Section
21080(b) (8), the rate increase provided for in section 1 is exempt
from the provisions of the California Environmental Quality Act of
1970, Public Resources Code Sections 21000 ~ sea.
2
e
e
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
111 . (1 l f
, lU--l ~ W'1lM. ~
I4ARSHA JON~S MOUTRIE
city Attorrley
3
e
e
Adopted and approved tlus 28th of January_ 1997
l
U1A1V1 O~-
1 -- Mayor
I hereby certify that the foregOing ResolutIon 9117(CCS) was duly adopted at a meetmg
of the City CouncIl held on the 28th of January. 1997 by the follOWing vote
Ayes
COUllCllmembers
Feinstein, Genser, Holbrook. O'Connor. Rosenstein
Noes
Councllmembers
Greenberg
Abstam
CouncIlmembers
~one
Absent
CounCllmembers
Ebner
ATTEST
~~~~
Clty'clerk
It
e
f:atty\muni\laws\jl\quake.res
City council Meeting 1-28-97
Santa Monica, California
RESOLOTION NUMBER 9116 (CCS)
(City council series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage within the City of Santa Monicai
and
WHEREAS, on January 17, 1994, as a result of the earthquake
the city's Director of Emergency Services issued a declaration of
local emergency; and
WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the County of Los Angeles by the
federal, state and county governments; and
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the City of Santa Monica,
NOW, THEREFORE, the City Council of the City of Santa Monica
does resolve and proclaim as follows:
SECTION 1. The city council declares that a state of local
emergency continues to exist within the City of Santa Monica.
SECTION 2. The City Council directs the Director of Emergency
Serv loes or his or her designee to take such actions as are
appropriate to the fullest extent provided by federal, state and
e
e
local law, to protect the public health, welfare, safety and
property of the residents of the city of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency Services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide or to obtain
emergency aid, assistance or services to the City of Santa Monica
and to contract for the immediate expenditure of public funds to
safeguard life, health or property, including when necessary to
protect public health and safety to expedite, including, but not
limited to shortening all required notice periods, or waive
competitive bidding procedures for public works and other City
projects.
SECTION 4. A copy of this Resolution shall be forwarded to
the state Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
n~)~
MARSHA JQ1ES MOUTRIE '
City Attorney
e
e
Adopted and approved thiS 28th of January, 1997
~~
l J\1ayor
I hereby certify that the foregolllg Resolution 9116(CCS) v,'as duly adopted at a meetlllg
of the City Council held on the 28th of January. 1997 by the foJlowmg vote
Ayes
CounCllmembers
Felllstelll. GenseL Greenberg, Holbrook a.Connor,
Rosenstelll
Noes
Councllmembers
None
Abstam
Counctlmembers
None
Absent
Councllmembers
Ebner
ATTEST
~~ ~..h
City Clerk
e
e
RESOLUTION NUMBER 9115 (CCS)
(City Council Series)
A RESOLUTION OF nm CITY COUNCIL OF Hie
CITY OF SANTA MONICA CONSENTING TO THE
SAN fA MOJ\'ICA REDEVELOPMENT AGENCY'S IMPLEMENTATION
OF THE COMMERCIAL STREETSCAPE PROGRA.\f AND
APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY
WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has
prepared a Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project
which would result in the allocation of taxes from the Project Area to the Agency tor the purposes
of redevelopment; and
WHEREAS. the Agency propom to implement the Commercial Streetscape Program
descnbtld ill the Program Description attached hereto as ExhibIt A and incorporated htorein by thi~
reference, and
WHEREAS. the estimated aggregate cost of Implementing the Commercial Streetscape
Program, which is to be carried out in multiple phases, is approximately twenty million dollars
($20,000,000); and
WHEREAS, the City and the Agency have prepared a proposed Reimbursement Agreement
to provide a means of carrying out the Commercial Streetscape Program; and
WHEREAS, Section 33445(a) of the California Community Redevelopment Law authorizes
a redevelopment agency, with the consent of the legislativt' bndy and if the agency and the legislative
body make certain determinations specified in Section 33445, to pay all or pan of the cost of
initallatiotl and construction of any publicly owned improvement.
NOW, THEREFORE, THE CITY COm-;CIL OF mE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTJUN 1. The City Council hereby finds ilm! dc;lclInincs (1) that the proposed
improvements as outlined in the Program Description arc of benefit to the Project Area; (2) that no
realonllbJ~ mCIln.J offinencins the improvcments other than that set forth in the Reimbursement
Agreement is available to the community, (3) that the payment of funds for the Improvements ~ill
assist the recovery &om, and the elimination of one or more of the conditions resulting from, the 1994
Northndge earthquake disaster, (4) that the payment of funds for the improvements will assist in the
elimination of one or more blighting conditions inside the Project Area by assisting in the elrrmnation
of one or more ofthe oondrtions Ie-sulting from t~ 1994 Nortl\ndge earthquake disa$ter~ and (5) that
e
e
the Commercial Streetscape Program is consistent with the implementation plan adopted pursuant
to Section 33490
SECTION 2. The City Cleric- 'lihal1 certify the adoptIon of this ResolutIon, and thenceforth
and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM
~<I~~~
Marsha Jones ~trie
City Attorney
e
e
Adopted and approved tills 28th of January, 1997
,
<l>1/YV\ l> a1vIr-
I - yfayor -
I hereby cerufy that the foregomg Resolution 9115(CCS) was duly adopted at a meetmg
of the City Council held on the 28th of January, 1997 by the followmg vote
Ayes
CouncIlmembers
Femstem. Genser, Greenberg. Holbrook, O'Connor.
Rosenstem
~oes
CounCllmembers
None
Abstam
Councrlmembers
None
Absent
CouncIlmembers
Ebner
ATTEST
~~~
City Clerk
e
e
f:atty\muni\laws\jl\quake.res
City Council Meeting 1-14-97
Santa Monica, California
RESOLUTION NUMBER 9114 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage within the City of Santa Monica;
and
WHEREAS, on January 17, 1994, as a result of the earthquake
the City'S Director of Emergency Services issued a declaration of
local emergency; and
WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the County of Los Angeles by the
federal, state and county governments; and
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the City of Santa Monica,
NOW, THEREFORE, the City council of the city of Santa Monica
does resolve and proclaim as follows:
SECTION 1. The city council declares that a state of local
emergency continues to exist within the city of Santa Monica.
SECTION 2. The city Council directs the Director of Emergency
Services or his or her designee to take such actions as are
appropriate to the fullest extent provided by federal, state and
e
e
local law, to protect the public health, welfare, safety and
property of the residents of the City of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency Services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide or to obtain
emergency aid, assistance or services to the City of Santa Monica
and to contract for the immediate expenditure of public funds to
safeguard life, health or property, including when necessary to
protect public health and safety to expedite, including, but not
limited to shortening all required notice periods, or waive
competitive bidding procedures for public works and other City
projects.
SECTION 4. A copy of this Resolution shall be forwarded to
the state Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
nh..j.1.,~
~~MOOTRIE
City Attorney
e
e
Adopted and approved tlus 14th of January. 1997
r
l
~
Mayor
I hereby certIfy Ihat the foregomg ResolutIOn 9114(CCS) was duly adopted at a meetmg
of the CIty Council held on the 14th of January. 1997 by the followmg vote
Ayes
CounCl1members
Ebner. Felllstem Genser. Greenberg. Holbrook, O'Connor.
Rosenstem
~oes
CouncI1members
None
Abstam
Counctlmembers
Sane
Absent
Counctlmembers
None
ATTEST
"-
~~ ~-~
CIty Clerk
.
.
RESOLUTION NO
9113 (CCS)
(City Council Senes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
ON THE EXPANSION OF PREFERENTIAL PARKING ZONE "L"
WHEREAS, a Notice of Preparation of an Environmental Impact Report was
Issued In October, 1995, and
WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was
published In August, 1996, In compliance WIth the California Environmental Quality Act
and the City of Santa Momca CEQA GUidelines, and
WHEREAS, In October, 1996, the Final EnVIronmental Impact Report was
published, and
WHEREAS, on December 17, 1996, the City CounCIl, as Lead City Agency,
reviewed the Final Environmental Impact Report,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1 The City CounCil has reviewed and conSIdered the Final
Environmental Impact Report on the expansIon of Preferential Parking Zone "L" pnor to
acting on the project
SECTION 2 The City CounCil certifies that the enVIronmental review for the
project was conducted in full compliance With State and City CEQA GUidelines, that
there was adequate public review of the Draft Environmental Impact Report, that It has
conSidered all comments on the Draft Environmental Impact Report and responses to
comments, that the Final EnVIronmental Impact Report adequately discusses all
1
eff44
.
.
significant environmental Issues, that the Final Environmental Impact Report reflects
the Independent Judgement of the City, and that the City Council has considered the
contents of the Final EnVironmental Impact Report In Its deCISion-making process
SECTI~N 3 The CIty Clerk shaJl certIfy to the adoptIon of this ResolutIon, and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
LL1,,_~~~
MARSHA J :~UTRIE
City Attomey
f ~re'leso'flplcert
l.ast reVISed July, 1 994
2
eff44
.
.
Adopted and approved t1us 17th of December, 1996
~JA.1/i
7 - \
(
b~
l\fayor
I hereby certify that the foregomg ResolutlOn 91 13 (CCS) was duly adopted at a meetmg
of the City Council held on the 17th of December, 1996 by the folIowmg vote
Ayes
CounCllmembers
Ebner. Femstem, Genser, Greenberg, Holbrook, O'Connor.
Rosenstem
Noes
Councllmembers
None
Abstam
CounCllmembers
None
Absent
CounCllmembers
None
ATTEST
'-
~~.~
Cny Clerk
.
.
CM KKK ckl f\cmanager\cable\reso1217
CIty CouncIl Mtg Dee 17, 1996
Santa Moruca. Califorrua
RESOLUTION:r-.'O 9112 (GGS)
(CIty CouncIl)
A RESOLUTION OF THE CITY COl.}J\'CIL OF
THE CITY OF S.A,l'IT A MONICA
ADOPTING A RATE ORDER REGARDING
EQUIP1fENT AND INSTALLATION RATES
FOR CENTURY SOUTHWEST CABLE TELEVISION, INC
TIlE CITY COlJNCIL OF THE CITY OF SANTA :\101\ICA DOES RESOLVE AS FOLLOWS
\\'HEREAS, the CIty of Santa Maruca (the "CIty") became cemfied to regulate basIC cable
servIce rates and assocIated charges as of October 7, 1993, and has followed regulatIOns prescnbed
by - __
- CommIsSIOn ("FCC") for the regulatIon of the basIc servIce her and
assocIated eqUIpment, mstallatIOn, servIces and charges (the "FCC Rules"), and
WHEREAS, Century Southwest Cable TeleVISIOn, Inc (the "Company") submItted an FCC
Form 1205 to the CIty on November 6, 1995 for eqUIpment and InstallatIon rates, and an IdentIcal
FCC Form 1205 on February 1, 1996 as part of ItS annual FCC Form 1240 baSIC servIce tIer rate
filmg (collectIvely. the 'Rate Fllmgs"). and
\VHEREAS. on November 28. 1995. the CIty extended the reVIew penod for the November
6. 1995 FCC Form 1205 untIl March 5, 1996. and
\VHEREAS, on January 9, 1996, the CIty CouncIl adopted an accountlllg order preservmg
the CIty'S nght to order rate refunds If after :\larch 5, 1996. the CIty found Century's proposed rates
1
.
.
for equipment and mstallatlOn unreasonable. and
WHEREAS, Century \vas permItted under the FCC Rules to Implement Its eqUipment and
installatIOn rates III accordance With the November 6. 1995 FCC Form 1205 on March 6, 1996.
subject to the City' s nght to adopt a rate order and order rate refunds, and
WHEREAS. pursuant to agreements With Century, the CIty Will review at a later date the
reasonableness of Century' s eqUIpment and IllstallatlOn rates between July 15, 1994 and March 5.
1996, and
WHEREAS, the City Issued a public notice seekmg ,witten comments from mterested
partIes on the Company's proposed rates. and the Rate FIllllgs were made aVailable for public
mspectlon III order to obtam comment from any lllterested party, and
WHEREAS, the CIty Staff has made a recommendation to the CIty CouncIl ("CounCil")
regardmg the Company's rates based on (a) mformatlOn contamed m the Rate Filmgs, (b) the
assumed accuracy of that mformatlOn, (c) comments, eVIdence and mformation from mterested
parties, (d) the draft rate report prepared by the City's fmanClal consultant, (e) the Company's
comments on the draft rate report. and (f) the finanCial consultant's rate report ("Report"). and
\VHEREAS, the CounCil has conSidered the City Staffs recommendations and the reasons
therefore, has received and conSidered comments from the pubhc. has reViewed and hereby adopts
(and by thiS reference mcorporates herem), as appropnate and to the eA1:ent not mconslstent With thiS
Rate Order. the findmgs, assumptIons and other Illformatlon set forth m the finanCial consultant's
Report. and
WHEREAS, the Company has the burden of provmg by a preponderance of eVidence that
ItS rates for equipment and mstallatlOn are reasonable under the FCC Rules, 47 C F R ~ 76 937(a),
2
.
.
NOW. THEREFORE, IT IS ORDERED THAT
The maXImum permuted rates for eqUlpment and mstallatiOn charges from March
6, 1996 fonvard are set forth below
Mmnmum Permitted Ratel
EqUlpment & InstallatiOn
Hourly Service Charge
Unwlred Homes
Prewlred Homes
AdditiOnal Outlet (mrtlal tnp)
AdditiOnal Outlet (separate tnp)
Changmg Tier (Addressable)
Remote Control Device Type I (Basic)
Remote Control Device Type II (Umversal)
Converter Box (Non-Addressable)
Converter Box (Addressable)
$22 40/per hour
3495
2061
1232
1971
199
26
89
43
264
The eqmpment and Illstallatlon rates set forth ill thiS Paragraph shall remaill m effect until the date
III 1997 the Company IS permitted by the FCC Rules to adjust such rates pursuant to Its next FCC
Form 1205 fibng
2 The Company shall refund that portion of the rates (plus mterest) paId by subscnbers
for the eqmpment and lllstallatIons descnbed III Paragraph 1 to the extent such rates exceed the rates
approved m Paragraph 1 The Company shall not offset refunds by the amount of any discounts
provided to subscnbers on the equipment and lllstallatlOn rates subject to thiS Rate Order The
refund penod shall run from the date the Company Implements the refunds reqUIred by thiS Order
1 All rates hsted ill the column entitled ", .
fees and utIltty users taxes
- . _ . exclude franchIse
3
.
.
back to March 6, 1996 With respect to each affected subscnber entitled to a refund, the Company
shall Implement the refunds wlthm SIxty (60) days after the date of thIs Order
3 Wlthm five (5) days after the date of tillS Rate Order, the Company shall submit a
wntten plan to the City Manager which, at a mlmmum. shall set forth the Company's method of
provldmg refunds to subscnbers (plus mterest) pursuant to Paragraphs 1 and 2, IdentIfies the baSIS
for the calculatiOn of the amount of refunds, Identrlies the -amount of the refund. Identifies the
apphcable mterest rate and explams how It was calculated, proVides the actual rates charged
subscnbers for equipment and InstallatiOns each month durmg the refund penod, and explallls how
the rate refunds ordered herem shall be Implemented Such plan IS subject to the CIty Manager's
review and approval The Company's obligation to submit such plan shall not affect the Company's
oblIgatiOn to Implement rate refunds. as set forth m Paragraphs 1 and 2
4 The Company shall adjust Its current rates for eqUipment and InstallatIOn to the levels
set forth m Paragraph 1 WIthIn 60 days after the date of thiS Order
5 The Company may not mcrease the rates for any of the Items lIsted m Paragraph 1,
nor may the Company lllstItute new charges for other types of serVice, eqUIpment or mstallatiOns
asSOCIated Wlth the basiC selVlce her which are not listed m said Paragraph, Without first complYlllg
With applicable law or regulatiOn, mcludmg the FCC Rules
6 The Councll reserves the nght to modify thiS Rate Order If, at any time. It determmes
that mformauon the Company proVided to the CIty IS lllcorrect m any matenal manner
7 The City Manager IS ordered to maIl a copy of thIs Rate Order to the Company,
proVide appropnate publIc notice of thiS Rate Order. and make a copy of tills Rate Order aVaIlable
to any person upon request
4
.
.
8 The City Clerk shall certIfy to the adoptIon of thIS Resolution, and thenceforth and
thereafter the same shall be III full force and effect
APPRGVED AS TO FORM
/ilu! k1 LuJ huv~
Marsha Jones ~o-;'ltne
CIty Attorney
5
.
.
Adopted and approved tills 17th of December, 1996
ro~
I hereby cemfy that the foregomg ResolutlOn 9112(CCS) was duly adopted at a meetmg
of the CIty Councll held on the 17th of December, 1996 by the follmvmg vote
Ayes
CounCllmembers
Ebner, Femstem, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
:-.roes
CounCllmembers
1\one
Abstam
Councilmembers
None
Absent
Councilmem b ers
None
ATTEST
'_._~-~-~ ~
City Clerk
.
.
PW DH.aa.f \finance\purch\stfrpts\res2587 wpd
City Council Meeting December 17, 1996
Santa Monica, California
RESOLUTION NO
9111
(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER
TO NEGOTIATE AND EXECUTE PURCHASE ORDERS FOR THE
PURCHASE OF BUS PARTS
WHEREAS, the Santa MOnica's Big Blue Bus operates 135 buses over 12 routes,
traveling 38 million miles and serving more than 18,000,000 riders annually,
WHEREAS, It IS VItal to the travel needs of the bus riding publJC that the BIg Blue
Buses be properly maintained to ensure the safe travel for Its riders, and
WHEREAS, availability of bus parts IS necessary to the proper maintenance ofthe
bus fleet,
WHEREAS, the City sent out Notices InViting Bids to furnish and deliver
suspension and distributor bus parts and to guarantee pnces for one year,
WHEREAS, two responses were received for distributor parts and three responses
were received for suspension parts,
.
.
WHEREAS, staff had determined that the formal bidding procedures are not
conducive to the flexibility needed to guarantee availability of bus parts nor ensure that
the lowest possible pnce IS received due to changmg market conditions In bus parts,
WHEREAS, Santa MOnica Municipal Code Section 224 100(b) provides for the
waiver of formal bidding procedures, after rejectIon of all bids, when necessary to
address concerns such as those set forth above,
WHEREAS. Santa Monica MUnicipal Code Section 2 24 100(c) prOVides for the
waiver of formal bidding procedures when deemed by City Council to be of urgent
necessity or cause unnecessary expense and delay as set forth above,
WHEREAS, Santa Monica MUnicipal Code Section 2.24080(1) prOVides for an
exception to competitive bidding on propnetary Items of anginal equipment
manufacturers and/or their authonzed exclusive dlstnbutors,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS.
SECTION 1 The City Council hereby rejects all bids for the suspension and
dlstnbutor parts
SECTION 2
In accordance with Santa Monica MUnicIpal Code Section
2 24 100(b), the City Council finds and declares that bus parts may be purchased under
.
.
more favorable circumstances In the open market and the competitive bidding procedure
should be waived for non-OEM bus parts
SECTION 3 In accordance with Santa MOnica MUnicipal Code Section
224 10Q(c) the City Council finds and declares that certain bus part purchases are of
urgent necessity and the competitive bidding procedure should be waived for non-OEM
bus parts
SECTION 4 In accordance with Santa MOnica MUnicipal Code Section
224080(1) the City Council finds and declares that certain bus part purchases are the
propnetary Items of anginal equipment manufacturers and/or their authonzed exclUSive
distributors and the competitive bidding process should be waived for non-OEM bus
parts
SECTION 5 In accordance with the above listed Santa MOnica MUnicipal Code
sections, the City Council authorizes the City Manager to negotiate and execute
purchase orders for the purchase of bus parts
SECTION 6 The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
,~~, sLu)~L#u ?Lu
MARSHA7dN'ES MOUTRiE -
City Attorney
.
.
Adopted and approved thiS 17th of December. 1996
t
~~;,
I hereby certIfy that the foregomg ResolutJon 9111(CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 17th of December. 1996 by the followmg vote
Ayes
CouncIlmembers
Ebner, Femstem, Genser, Greenberg. Holbrook. O'Connor,
Rosenstem
r'\oes
CouncIlmembers
~one
Abstam
CounCllmembers
None
Absent
Councllmembers
None
ATTEST
~~.~
City Clerk
.
.
f:atty\muni\laws\jl\quake.res
city Council Meeting 12-17-96
Santa Monica, California
RESOLUTION NUMBER 9110 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINOING LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage within the city of Santa Monica;
and
WHEREAS, on January 17, 1994, as a result of the earthquake
the City's Director of Emergency Services issued a declaration of
local emergency; and
WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the county of Los Angeles by the
federal, state and county governments; and
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the City of Santa Monica,
NOW, THEREFORE, the City Council of the City of Santa Monica
does resolve and prOClaim as follows:
SECTION 1. The City Council declares that a state of local
emergency continues to exist within the City of Santa Monica.
SECTION 2. The city Council directs the Director of Emergency
Services or his or her designee to take such actions as are
appropriate to the fullest extent provided by federal, state and
.
.
local law, to protect the public health, welfare, safety and
property of the residents of the City of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency Services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide or to obtain
emergency aid, assistance or services to the City of Santa Monica
and to contract for the immediate expenditure of public funds to
safeguard life, health or property, including when necessary to
protect public health and safety to expedite, including, but not
limited to Shortening all required notice periods, or waive
competitive bidding procedures for public works and other City
projects.
SECTION 4. A copy of this Resolution shall be forwarded to
the State Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 5. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
)~~~
MARSHA JONE'S MOUTRIE
city Attorney
.
.
Adopted and approved thIS 17th of December, 1996
/
~~~
I hereby certIfy that the foregomg ResolutIon 911 O(CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 17th of December, 1996 by the followmg vote
Ayes
Councllmembers
Ebner, Femstem, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Koes
CounCllmembers
~one
Abstam
CouncIlmembers
None
Absent
CouncIlmembers
None
ATTEST
~~
~
City Clerk
-
.
RESOLUTION NO
9109 (CCS)
(CIty Council Senes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO 51987
FOR A PROJECT AT 718 LINCOLN BOULEVARD
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS
SECTION 1 That the Final Map for Tract No 51987 In the City of Santa MOnica
hereby IS accepted and approved
SECTION 2 That the City Clerk hereby IS authorized and directed to endorse upon
the face of said Map this order authenticated by the Seal of the City of Santa MonIca
SECTION 3 That the City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
~~
MARSHA JOOES Mo"UTRIE
City Attorney
f \plan\share\councl/\strpt\fm51 987
.
.
Adopted and approved this 17th of December, 1996
~
l
OUJrw--
Mayor
I hereby certify that the foregomg ResolutiOn 91 09(CCS) was duly adopted at a meetmg
of the Cny Councll held on the 17th of December. 1996 by the followmg vote
Ayes
Councilmembers
Ebner. Femstem. Genser. Greenberg. Holbrook, O'Connor,
Rosenstem
:\foes
Councilmembers
None
Abstam
CounCllmembers
None
Absent
Councllmembers
None
ATTEST
~ 'lA~
.~
(
City Clerk
. .
RESOLUTION NO 9108 (CCS)
(City Council Senes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR PARCEL NO 24459
TO SUBDIVIDE A PROPERTY AT 1610-1630 COLORADO AVENUE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS
SECTION 1 That the Final Map for Parcel No 24459 In the City of Santa Monica
hereby IS accepted and approved
SECTION 2 That the City Clerk hereby IS authonzed and directed to endorse
upon the face of said Map this order authenticated by the Seal of the City of Santa MOnica
SECTION 3 That 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
~LLNr
MARSHA Jof::Jj:S MOUTRIE
City Attorney
e
-
Adopted and approved thIs 17th of December. 1996
r
I
O~
Mayor
I hereby certIfy that the foregolllg ResolutIOn 9108(CCS) was duly adopted at a meetmg
of the CIty Councd held on the 17th of December, 1996 by the followmg vote
Ayes
Councllmembers
Ebner, Felllstem, Genser, Greenberg, Holbrook. O'Connor,
Rosenstelll
::-.roes
Councllmembers
None
Abstam
Councllmembers
None
Absent
Councllmembers
None
ATTEST
~~,~~
C1ty Clerk
.
.
RESOLUTION NO 9107
(CCS)
(CITY COUNCIL SERIES)
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ACCEPTING THE LOS ANGELES COUNTY
REGISTRAR RECORDER/COUNTY CLERK'S OFFICIAL CANVASS
AND OFFICIAL STATEMENT OF VOTES CAST FOR THE
CONSOLIDATED MUNICIPAL ELECTION HELD ON
NOVEMBER 5, 1996, AND DECLARING THE RESULTS THEREOF
WHEREAS, a Consolidated General Municipal Election was held In the City of
Santa MOnica on November 5, 1996, as required by law, and
WHEREAS, the proVIsions of the Elections Code of the State of California for the
holding of elections In Charter Cities were complied With In that notice of the election
was given In the time, form and manner as prOVided by law. voting precincts were
properly established, election officers were apPointed, votes were cast, received and
canvassed, and the returns were made and declared In the time, form and manner as
required, and
WHEREAS, the Los Angeles Registrar Recorder/County Clerk canvassed the
returns of the election and certified the results to the City Council, and those results are
attached and made a part hereof as "Exhibit A,"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS
SECTION 1 The vote totals for the Consolidated MUnicipal Election held on
November 5, 1996 In the City of Santa MOnica, as certified by the Los Angeles County
-
.
RegIstrar Recorder/County Clerk, shall be and hereby are approved and adopted as the
formal vote count of the City of Santa MOnica for said offices and said proposition of
said electIOn
SECTION 2 The names of the candidates for the elective offices are as follows
College Dlstnct
Santa MOnlca-Malibu
Board of Trustees
Unified School Dlstnct
Annette Shamey
Ilona Jo Katz
Pat Nichelson
William "Bill" Whalen
Todd Hess
Margaret R Franco
Harlan DOrin
Susan Gomez
Dorothy Chapman
Santa MOnica Rent Control Board
Lacy D Goode
M Douglas Willis
Santa MOnica Cltv Council
Donna Dalley Alvarez
Frank D Schwengel
Jeffrey Hughes
Michael Feinstein
Kelly Olsen
Asha S Greenberg
Jonathan Metzger
Larry SWleboda
Richard Bloom
Paul Rosenstein
Shan L DavIs
Ken Genser
Susan L Mearns
SECTION 3 The number of votes cast for the election of the Santa MOnica
Community College District Board of Trustees
PRECINCT BALLOTS
ABSENTEE BALLOTS
TOTAL BALLOTS
40,371
7,473
47,844
2
-
.
For the electIon of the Santa MOnlca-Ma/lbu Unrfred School Dlstnct Board of EducatIon
PRECINCT BALLOTS ABSENTEE BALLOTS
TOTAL BALLOTS
40,371 7,541
47,912
For PropositIon EE and for the election to the Santa Monica Rent Control Board and
City Council
PRECINCT BALLOTS ABSENTEE BALLOTS TOTAL BALLOTS
33.684 5,589 39,273
SECTION 4 The following persons were elected to office as follows
Santa MOnica Community College Board of Trustees
CANDIDATE
Annette Shamey
Pat Nichelson
Ilona Jo Katz
VOTES
22,544
22,152
22 072
Santa Monlca-Mallbu Unified School Dlstnct Board of Education
CANDIDATE
Margaret R Franco
Dorothy Chapman
Todd Hess
VOTES
1 g, 751
18,492
18.200
City of Santa Monica Rent Control Board
Lacy D Goode
M Douglas Willis
12.384
11 ,425
Santa MOnica City Council
Asha S Greenberg
Michael Femsteln
Ken Genser'
Paul Rosenstein
14.599
13.681
13,212
12,713
3
-
.
SECTION 5 The measure that appeared on the ballot read as follows
PROPOSITION EE Shalf the City of Santa Monica incur general
obligation bonded Indebtedness m the prmclpal amount of not to exceed
$29 5 mlfflon for the acqUisition and construction of a Public Safety
BUlldmg and certam related parkmg, street, utility and other
Improvements?
The measure did not receive the required two-thirds vote, and therefore failed by
the followmg vote
Proposition EE
Yes
No
21,048 (62%)
12,692 (38%)]
SECTION 6 The City Clerk shall enter on the records of the Santa MOnica City
Council, a statement of the result of the election showing (1) the total number of votes
cast for the offices and measures In the election, (2) the names of the persons voted
for. (3) the text of the measure voted upon, (4) the office that each person was runnl!1g
for. (5) the number of votes given at each precinct to each person, and for and agamst
the ballot measure, and (6) the total number of votes given to each person, and for and
agamst the ballot measure
SECTION 7 The City Clerk shall Immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated
The City Clerk shall also administer to each person elected the Oath of Office
prescnbed In the Constitution of the State of California and shall have each person
subscnbe to It and file It In the office of the City Clerk All of the persons so elected
shall then be mducted mto the office to which they have been elected
4
4'
.
SECTION 8 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
f~'1L4J~~
MARSHA JO~~'MOUTRIE
City Attorney
f 'elections\forms\staff rpt
5
.
.
Adopted and approved thlS 10th of December. 1996
;fJ ~.~
Mayor
I hereby certify that the foregomg ResolutlOn 9107(CCS) was duly adopted at a meetmg
of the Clty Council held on the 10th of December. 1996 by the followmg vote
Ayes
CounCllmembers
Abdo, Ebner, Genser, Greenberg, Holbrook O'Connor,
Rosenstem
:'-Joes
CounCllmembers
None
Abstam
Councllmembers
None
Absent
Councllmembers
None
ATTEST
~~.~~
Clty Clerk
.
.
rdtjsmoj
city council Heeting 11-26-96
Santa Monica, California
RESOLUTION NUMBER 9106 ecs
A RESOLUTION OP THE CITY COUNCIL OP THE
CITY OP SANTA MONICA IN SUPPORT OP THE
INCLUSION OP PIXED BASE OPERATOR FACILITIES AND THE
ENHANCEMENT OP GENERAL AVIATION SERVICES
IN THE DEVELOPMENT OP THE LAX MASTER PLAN
Whereas, the city of Los Angeles is in the process of
developing a Master Plan for the Los Angeles International
Airport (LAX) that projects a virtual doubling of air traffic and
passenger traffic during the next 20 year period that will
adversely affect the quality of life for residential living
within five miles of LAX: and
Whereas, the Santa Monica Airport is already experiencing a
tremendous increase in jet aircraft activity as a direct result
of inadequate customer services and severely congested surface
and air transportation systems at LAx: and
Whereas, given the absence of identified alternatives to
accommodate the projected unconstrained growth, LAX expansion
plans appear premature, out of scale, and too intensive for the
local area and should be tempered with realistic mitigation
measures so as not to overburden the surrounding transportation
infrastructure: and
Whereas, any increase in air traffic at LAX will likely
lengthen delays of instrument operations at Santa Monica Airport
due to an increase in air space congestion: and
Whereas, If fixed base operator facilities are diminished in
the LAX Master Plan, Santa Monica Airport will experience an
increase in corporate jet aircraft activity creating additional
noise and pollution adversely affecting the neighbors living in
Santa Monica and West Los Angeles: and
.
.
Whereas, corporate and business aircraft operators
frustrated by delays accessing LAX will search out alternative
airports and, due to its proximity to downtown Los Angeles,
Century City, and the West Side, Santa Monica Airport will bear
an inordinate burden of this relocation of turbine traffic; and
Whereas, The City of Santa Monica encourages the Los Angeles
Department of Airports to explore partnership arrangements with
other local general aviation airports such as Hawthorne, Long
Beach, and Burbank airports to absorb business and corporate jet
activity so that the Santa Monica Airport is not unduly burdened
by the overflow from LAX.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Los Angeles Department of Airports
include, improve, and expand Full-Service Fixed Base Operator
facilities and services for business and corporate jet aircraft,
and to investigate all possible alternatives to further
strengthen and enhance such facilities during the development of
the LAX Master Plan.
SECTION 2. The City of Santa Monica does hereby
officially request to be notified of the progress of the LAX
Master Plan and given full and timely notice of any and all
public meetings and hearings related thereto so as to keep the
citizens of the City fully informed as to the progress of the
Airport Master Plan study.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution, thenceforth the same shall be in full force
and effect.
APPROVED AS TO FORM:
n
MARSHA JON
city Attar
huu~
MOUTRIE
ey
2
.
.
Adopted and approved thiS 26th of November. 1996
I!J; ~
Mayor
I hereby certIfy that the foregomg ResolutiOn 91 06(CCS) was duly adopted at a meetmg
of the CIty CounCll held on the 26th of November, 1996 by the followmg vote
Ayes
Councllmembers
Abdo. Ebner. Genser. Greenberg, Holbrook, Rosenstem
Noes
CounCllmembers
None
Abstam
CouncI1members
None
Absent
Councllmembers
O' Connor
ATTEST
~~
., CItv cJ6k
. .
RESOLUTION NUMBER 9105 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN
WHEREAS. the Executive Pay Plan resolution adopted by Resolution No 8283
(CCS) has been In effect for five years and amended by ResolutIOn No. 8470 ICCS),
Resolution No 8835 ICCS) and Resolution No 8978, and
WHEREAS, certain of Its prOVISions require modification to update compensation
and other terms and conditIOns of employment.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOllOWS'
SECTfON 1 The CIty CouncIl does hereby modIfy the eXlstrng ExecutIve Pay
plan resolution which defines the wages, benefits and conditions of employment of the
City's Department Heads and those members of the Executive Staff of the City
Manager's Office who choose to represent themselves indiVidually under Ordinance
No 801 ICeS).
.
.
SECTION 2 The Executive Pay Plan adopted by Resolution No 8283 {CCS) IS
readopted and Incorporated herein by this reference, except as to Section B, Section
F and Section N, which are amended to read as follows, and the addition of Section
W (Deferred Compensation Plan) and Section X (PensIOn Plan) which follows
Section N:
B. Julv 1996 Wt;lge Adlustments Effective July 1, 1996, the E-step salaries
of the participants In the Executive Pay Plan shall be adjusted by two percent (2%}
F. Additional Comoensatlon. Each participant In the Executive Pay Plan shall
receive as additional compensation an amount equal to the maximum yearly amount
the participant may legally defer Into a deferred compensatIOn plan established
pursuant to Section 457 of the Internal Revenue Code of 1986, as amended, as of
July 1, 1991. ThiS additIOnal compensation shall be conSidered part of the
participant's base salary and shall be prorated and paid bl-weekly to the participant
The participant shall be responsible to pay for any taxes due on thiS compensatIOn
except that the City shall pay for any PERS contributions due on thiS compensation.
N. Management Incentive. For their normal duties and In recognition of the
unique responsibilities of their Jobs, each partiCipant In the Executive Pay Plan shall
receIVe 160 hours of management incentive per fiscal year. The management
Incentive shall be paId to the employee upon terminatIOn of service or within 30 days
from the end of the fiscal year The management incentive IS payable at the
.
.
participant's salary rate In effect upon termination or on June 30 of that fiscal year,
as applicable
For employees hired on or after July 1, 1991, the management incentive will be earned
on a quarterly basIs, wIth one-quarter of the total allotment for the fIscal year accruing
as of the first day of each quarter of the fiscal year. For all other employees, the
management incentive shall accrue In total on the first day of the fiscal year.
The management incentive shall not accrue from one fiscal year to another. No
participant In the Executive Pay Plan shall be entitled to take management Incentive
as leave.
W SUDlJlemental Retirement Plan. The City shall establish and maintain a
deferred compensation plan pursuant to the provIsions of SectIon 457 of the Internal
Revenue Code of 1986, as amended. Each participant In the Executive Pay Plan, at
his or her sole discretion, may defer and have deposited Into the City's deferred
compensation plan a portion of his or her compensation up to the maximum amount
permitted by law.
The City shall also establish and maintain a pension plan pursuant to the provIsions of
Section 401 (a) of the Internal Revenue Code of 1986, as amended.
SECTION 3: ThIS Resolution shall In effect as of July 1, 1996 and shall remain
In effect until modified by a future Resolution adopted by City CouncIl.
.
.
SECTION 4 The City Clerk shall certify to the adoption of this resolution and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM:
fy; If J v iu ~tu:J1LPVJ.-iL
Marsha Jon'es Moutne
City Attorn~y
:;pp1996-'
.
.
Adopted and approved thIS 26th of :November. 1996
~ Le-c>
Mayor
I hereby certIfy that the foregomg ResolutIOn 91 05(CCS) was duly adopted at a meetlllg
of the CIty CouncIl held on the 26th of Kovember. 1996 by the followmg vote
Ayes
CounCllmembers
Abdo. Ebner, GenseL Greenberg, Holbrook
Noes
Councllmembers
None
AbstaIn
Councllmembers
None
Absent
Councllmembers
O'Connor, Rosenstem
ATTEST
....
~.~~
"-
CIty Clerk