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MEMORANDUM OF UNDERSTANDING
FOR THE
PROFESSIONAL AND ADMINISTRATIVE EMPLOYEE GROUP
ARTICLE 1 – PREAMBLE
The provisions of this Agreement have been developed in the interest of promoting and improving Employee relations between the City of Hermosa Beach, California and the Professional and Administrative Employees who are represented by the Hermosa Beach Professional and Administrative Employees (P&AE).
ARTICLE 2 – PARTIES TO MEMORANDUM
This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement", has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management", and the PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES, hereinafter referred to as the "Association".
ARTICLE 3 – RECOGNITION
The City recognizes the P&AE as the exclusive bargaining representative for all Employees who are or become employed in those job classifications contained on Exhibit "A”, which is attached hereto and made a part of this Agreement. The parties recognize that this Agreement contains wages, benefits and working conditions that pertain only to members of the P&AE.
ARTICLE 4 – MUTUAL RECOMMENDATION
This Agreement constitutes a mutual recommendation by the parties to the City Council.
This Agreement shall become effective upon approval by the City Council of the City.
ARTICLE 5 – SCOPE OF REPRESENTATION
The scope of representation of the Association shall include all matters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment.
ARTICLE 6 – FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or Agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein
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during the term of this Agreement. Association members and the City can meet and confer on mutually desirable changes as needed.
C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council.
D. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 7 – CONSTITUTIONALITY
If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portion of this Agreement.
ARTICLE 8 – MANAGEMENT RIGHTS
A. It is agreed that during the term of this Agreement herein the exercise of the following powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules and Regulations, and other statutory law.
B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management’s rights shall impact on Employees of the bargaining unit, the City agrees to meet and confer with representatives of the P&AE, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.
C. MANAGEMENT RIGHTS
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any Employee.
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6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used herein.
9. Determine processes, techniques, methods and means of performing services.
10. Determine the size, character and use of inventories.
11. Determine the financial policy including accounting procedures.
12. Determine the administrative organization of the system.
13. Determine selection, promotion, or transfer of Employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to Employees.
16. Determine policy affecting the selection of new Employees.
17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work periods
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which operations are to be conducted.
25. Require Employees, where necessary, to take in-service training courses during working hours.
26. Determine duties to be included in any job classifications.
27. Determine the necessity of overtime and the amount of overtime required.
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28. Take any and all necessary action to carry out the mission of the City in cases of an emergency.
ARTICLE 9 – NON-DISCRIMINATION
Both parties to this Agreement agree not to discriminate against any employee or applicant because of hair texture and protective hairstyles (such as braids, locks, and twists), color, religious creed (including religious dress and religious grooming practices), national origin, ancestry, citizenship status, age (40 years and older), sex (including pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity and expression (including transgender identity and expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning (or is perceived to be transitioning), sexual orientation, sex stereotyping, marital status, domestic partner status, military service and veteran status, physical and/or mental disability (including HIV and AIDS), legally protected medical condition or information (including genetic information), protected medical leaves (requesting or approved), status as a victim of domestic violence, sexual assault, or stalking, enrollment in a public assistance program, their intersectionality of protected characteristics, Association Membership or activity or any other basis protected by local, state, or federal laws. political affiliation, race, religion, color, sex, age, marital status, national origin, or handicap, and with proper regard for their privacy and constitutional rights as citizens. Additionally, the City expects and requires all Employees to treat one another with dignity and respect. Harassment of fellow Employees is a violation of law. No employment decision may be made based upon an Employee’s submission to or rejection of such conduct. It is the responsibility of any Employee who believes that they are the victim of such harassment to report the conduct to the supervisor, Department Director, Human Resources /Manager or the City Manager in a timely manner.
ARTICLE 10 – PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES
PURPOSE AND INTENT
A. The City is cognizant of the crucial role that the Professional and Administrative Employees (P&AE) have in implementing and enforcing the City’s policies, practices and procedures. The P&AE wholeheartedly accept these responsibilities and are committed to the success of City goals. The P&AE agrees to encourage Employees in an attitude of excellence of job performance and increased productivity.
B. Both the City and the P&AE must positively support these concepts and mutually promote a cooperative alliance for carrying out these provisions. The P&AE is a vital component in the current and future growth of the City and endeavors to act as a valued liaison to communicate City mandates to Employees. This attention to the pursuit of obtaining the most efficient and effective level of professionalism position the P&AE as an outstanding management support team.
ARTICLE 11 – ACCESS TO WORKSTATION
The City agrees to grant official representatives of the Association the access and right to discuss any grievance or problem arising under the terms of this Agreement with any
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employee during working hours. It is agreed that there will be as little interference as possible by the Association representative during the working hours of said employee and efforts will be made to minimize work time spent by either the employee. It is agreed that the Association representative shall be permitted to conduct a reasonable amount of Association business regarding grievances/appeals during working hours without loss of pay and that the Association may use City facilities to conduct meetings when such facilities are available.
ARTICLE 12 – BULLETIN BOARDS
The City and Association agree to specifically prescribe the location of a reasonable number of bulletin board locations where the recreational, health and welfare, social affairs, notices of meetings or elections and appointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City workstations or premises is prohibited without the prior permission of the City Manager or an authorized departmental management official.
ARTICLE 13 - ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENTATION &
INFORMATION
Pursuant to AB 119, the City agrees to provide, when practical, no less than 10-days’ notice in advance of any new employee orientations and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.
Access shall be determined by the Association, which could mean representational attendance or correspondence. The Association shall advise the City reasonably in advance as to the type of access requested. The City agrees to provide such reasonable notice of current employees that have changed position status (i.e. part-time to full-time, promotional, etc.) that necessitates a change in bargaining unit. Should the Union decide to attend the orientation, the union shall have up to 30 minutes to meet with the employee privately The City agrees, pursuant to AB 119, to provide to City Employees Associates and the Association with the name, job title, department, work location, and work telephone number of newly hired employees within thirty (30) days of the date of hire. The City also agrees to provide the Association and the City Employees Associates with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses and home address of all bargaining unit employees every120 days.
ARTICLE 14 – PAYROLL DEDUCTION
It is mutually agreed that the City will, during the term of this Agreement, deduct moneys and remit to the Association as authorized by employee’s signed Association Membership Form for dues, providing there is not more than one deduction per pay period.
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ARTICLE 15 – JOB DESCRIPTIONS AND CLASSIFICATIONS
A. The City and Association reaffirm their mutual intent to regularly review job descriptions and formal class specifications to ensure that these documents are upto-date.
B. It is further agreed that when a class specification is created, the City and Association will meet and attempt to reach agreement on the proposed classification, pay and job description.
ARTICLE 16 – LABOR/MANAGEMENT COMMITTEE
To provide a means for continuing communications between the parties, and for promoting a climate of constructive employee relations, a Labor/Management Committee shall be established which will consist of up to four (4) representatives designated by the City and four (4) representatives designated by the Association. Meetings will be held to promote communication and cooperation between the parties, to improve work quality and safety, and to address matters of mutual concern other than individual grievances. Meetings under this article shall be scheduled at the request of either of the parties at a mutually agreeable time and location during the City’s normal working hours. Employees shall not be additionally compensated for off-duty attendance.
ARTICLE 17 – PROPER CLASSIFICATION COMPENSATION
Upon promotion, step increases shall be calculated based on the anniversary date of the promotion.
ARTICLE 18 – PROBATION
A. All employees covered by this Agreement shall have a probationary period of twelve (12) months. Upon the recommendation of the Department Director and with the approval of the City Manager, an employee’s probation may be extended for up to six (6) months. Upon successful completion of the probation the employee shall be given a salary step increase.
B. Probationary employees, whether new hires or promotional, shall be formally evaluated every three (3) months.
C. Employees shall receive notification of a probationary extension at least seven (7) calendar days prior to the one-year anniversary of the probationary period.
ARTICLE 19 – SENIORITY
A. Seniority shall be a determining factor in all acting appointments, promotions, and transfers within the unit. Seniority, as herein applied, shall be defined as the last date of hire with the City, and as applied shall consist of the following factors:
1. Qualifications
2. Ability
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3. Length of Continuous Service
B. When 1 and 2 are relatively equal, length of continuous service shall govern.
C. This principle of seniority shall not apply to any employee with less than one (1) year of continuous service with the City or with less than six (6) months of service in their most recent job classification.
D. Seniority shall no longer be applicable if an employee is terminated by discharge or other end of employment (except in cases of layoff).
ARTICLE 20 – REDUCED HOUR POSITIONS
A. Subject to Civil Service hiring requirements, City may hire employees in permanent positions of at least twenty (20) hours/week but less than forty (40) hours/week; such positions are subject to the provisions of this Memorandum of Understanding provided however that City paid Medical and Dental premiums shall cover the employee only. Benefit coverage is subject to the Affordable Care Act of 2010 regulations,
B. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/sick leave proportional to regular hours worked.
C. Completion of a probationary period in a position of at least 20 hours/week is applicable to any/all such positions; seniority shall accrue from date of appointment regardless of hours worked (at least twenty (20) hours/week and up to forty (40) hours/week). Probationary period shall be twelve months and at least 1,044 hours.
D. City may create such positions; employees may volunteer to occupy such positions.
No permanent forty (40) hour employee may be required to accept a less hours/week position.
ARTICLE 21 – JOB SHARING
Subject to Civil Service hiring requirements, City may allow employees to job share one permanent position on a voluntary basis. Such positions are subject to the provisions of this Memorandum of Understanding provided however that the City paid health and dental premiums or equivalent thereof, shall cover the one position, for employee only. These employees shall have their pay calculated on an hourly basis and shall accrue Vacation/Holiday/Sick Leave and employee Benefits Option proportional to regular hours worked. Designated hourly wage shall be equally reduced for each employee by the amount required to pay for the second benefit package.
ARTICLE 22 – DEFERRED COMPENSATION
A. Each Employee, individually, may elect to participate in the Deferred Compensation Plans established and adopted by the City of Hermosa Beach.
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B. Effective the first pay period after ratification and Council approval of this MOU, the City shall match the employee’s contribution up a maximum of fifty dollars ($50) per month.
ARTICLE 23 – REST PERIOD
A. Employees shall be allowed one (1) fifteen (15) minute rest period in accordance with departmental rules during each half of the regular workday or regular work shift.
Employees working twelve (12) hour shifts shall receive three (3) fifteen (15) minute rest periods per shift.
1. These rest periods will not be taken at the beginning or end of either half of the regular workday or work shift.
2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused.
3. Breaks must be taken on the work site or at a City facility although it is recognized that purchases may be made in the vicinity during the rest period.
ARTICLE 24 – WORK HOURS
A. For FLSA purposes a "WORK-WEEK" shall be defined as:
1. For employees working a 5/40 or 4/40 Monday through Friday schedule:
commencing at 0001 hours Sunday and terminating at 2400 hours Saturday. The work week for employees working other than a Monday through Friday schedule shall be defined in such a manner as to comply with FLSA work period requirements
2. For employees working a Monday through Friday 9/80schedule:
commencing 1101 hrs. Friday and terminating the following Friday at 1100 hrs. The work week for employees working other than a Monday through Friday schedule shall be defined in such a manner as to comply with FLSA work period requirements. The “9/80” schedule provides eighty (80) scheduled hours in a 14-day (two week) cycle where (1) one week the employee works four 9-hour work-days and one 8-hour workday, and (2) the subsequent week consists of four 9-hour work-days with one day off.
The “work week” for FLSA overtime purposes shall be established as four hours into the shift of the eight-hour day and in such a manner that no Consecutive seven-day (168 hour) period shall exceed 40 hours.
3. For employees working a 3/36 schedule: The 3/36 schedule shall be established in such a manner so as to be in compliance with the Fair Labor Standards Act (FLSA) regarding overtime.
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ARTICLE 25 – UNIFORMS
Uniforms will be provided to Association members as approved by the Department Director.
ARTICLE 26 – WAGE RATE
The City agrees to hire and appropriately compensate capable Professional and Administrative Employees. They will be professional, be adequately trained, and meet standards required for such positions. The Council reaffirms that compensation will include such items as salary, contribution for PERS, deferred compensation, health insurance and merit pay.
A. The salary table attached to the MOU as Exhibit A shall be revised by increasing each amount as follows:
1. Effective July 1, 2025, the salary table shall be adjusted to bring all bargaining unit positions that are below market median as determined by the 2025 Reward Strategy Group Salary Survey Results report to the median identified by the report.
2. Effective July 1, 2025 and after the implementation of median adjustments, where applicable, the salary table for all classifications will be increased by an additional three percent (3%).
3. Effective July 1, 2026, the salary table for all classifications shall be increased by three percent (3%).
4. Effective July 1, 2027, the salary table for all classifications shall be increased by three percent (3%).
B. The parties understand that these amounts shall be reported to the California Public Employees Retirement System (CalPERS) as employee compensation and thus be “PERSable.”
C. The City and the Association agree that salary steps for all classifications are “1” through “5”, each step to be one (1) year apart. Step increases shall be effective at the beginning of the next pay period following the employee's anniversary of their date of hire (1st or 16th of the month). To be eligible for a step increase, an employee must receive an overall evaluation of “meeting expectations” or better.
D. Generally, initial appointments shall be made at the "1” step. Upon the recommendation of the Department Director, and approval by the City Manager, appointment may be made at a higher step.
E. All employees covered by this Agreement shall receive a timely, annual performance review
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ARTICLE 27 – BILINGUAL PAY
A. The City agrees to pay a monthly premium of $100 to full time Employees, who have demonstrated proficiency/fluency in a second language which has been demonstrated to be of value to the City in providing customer service.
B. An Employee receiving bilingual skill premium will be called upon to assist in any department within the City on an “as needed basis” to provide interpretation services.
Individuals receiving a bilingual skill premium may periodically be subject to call-out or be required to work in excess of their regular schedule. In the event of call-out or overtime, compensation shall be in accordance with the appropriate provisions of this Agreement.
C. Employees with bilingual ability will be tested for oral skill in the designated language through an examination process mutually agreed to by the Human Resources Manager and Association. Applicants must successfully pass the examination to be eligible for bilingual premium.
ARTICLE 28 – MERIT PAY (Reportable to PERS)
A. The following P&AE Employees will be eligible to receive Merit Pay for superior performance: Associate Engineer, Assistant Engineer, City Engineer, Senior Engineer, Building & Code Enforcement Official, Associate Planner, Assistant Planner, Planning Manager, Public Works Superintendent, Public Works Assistant Superintendent, Revenue Supervisor, Senior Recreation Supervisor, Management Analyst, GIS & IT Analyst, Accountant, Environmental Program Manager, Deputy City Engineer, Recreation Coordinator and Senior Management Analyst. Said bonus pay will be up to a maximum of +5% of base monthly pay payable for six-month (bi-annual) increments.
The two bi-annual periods are July 1 – December 31 and January 1 – June 30.
B. In order for an employee to receive Merit Pay, the Department Director and employee shall agree to specific goals to achieve for each bi-annual period. At the end of the reporting period, the employee shall provide a detailed outline of the goals that have been met. Based on this documentation, the Director shall determine if the employee is eligible for the Merit Pay, either in full (5%) or a lesser amount. Achieving any of the goals equates to performance over and above standard performance and is recognized as superior performance as it relates to these goals. The Bonus Pay will be included in the pay period following the period that is being evaluated provided that the detailed outline of goals met is received in a timely manner.
5% Superior Performance Bonus (employee met nearly 100% of the goals) 4% Superior Performance Bonus (employee met at least 80% of the goals) 3% Superior Performance Bonus (employee met at least 60% of the goals) 2% Superior Performance Bonus (employee met at least 40% of the goals) 1% Superior Performance Bonus (employee met at least 20% of the goals)
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C. If an employee voluntarily leaves the City before the end of the rating period or becomes a member of the Professional and Administrative Employee Group Bargaining Unit after the start of the rating period the Performance Bonus may be prorated.
D. For salary comparison purposes, base salary shall be increased by 3.75% (75% of maximum Bonus Pay) to adjust for Bonus Pay eligibility for those classes eligible.
E. The parties understand that bonus pay in these amounts is reportable to the California Public Employees Retirement System (CalPERS) as employee compensation and thus be “PERSable” to the extent permissible by law.
ARTICLE 29 – ACTING PAY
A. Employees covered by this Agreement who are temporarily assigned to perform the full range of a higher classification because of emergency conditions, Sick Leave, Vacation and/or vacancy shall receive a higher rate of pay commencing after 80 consecutive hours of such assignment. Employee shall be placed on a step in the salary range of the position in which they are temporarily assigned that provides at least a 10% increase to their current salary. During acting assignments, employees remain affiliated with and continue to be covered by this Agreement.
B. In accordance with Gov. Code Section 20480, if an employee is placed in an Acting position that is vacant as a result of a vacancy, the hours worked by the employee shall be reported to PERS and shall not exceed 960 hours per fiscal year.
ARTICLE 30 – ADDITIONAL DUTIES PAY
When an employee is officially determined by their Department Director and the HR Manager to be temporarily performing additional duties outside of their classification, such employee shall be eligible for Additional Duties Pay of $400 per month. Eligibility for the additional pay shall commence after 80 consecutive hours of such assignment. Any employee receiving Acting Pay shall not be eligible for Additional Duties Pay. Employees are eligible for to receive this pay for up to six (6) months or until the duties are removed, whichever is less. If the employee is still performing the duties after six (6), the City shall make every effort to reassign the additional duties to another eligible employee.
ARTICLE 31 – EDUCATIONAL ALLOWANCE
A. City agrees that PAE Employees who desire to enroll in training, certification programs, and/or academic courses at a State of California approved and/or recognized college or university that may provide the Employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances promotional opportunities shall have their course fees, books and tuition for any CSU campus (employees who attend a non-CSU campus will receive up to the average of CSULB, CSUDH & CSULA) rates paid by the City in advance, subject to approval of the City Manager. Employees who attend a nonCSU campus will receive up to the average tuition rate of CSULB, CSUDH & CSULA.
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B. Employees may be reimbursed for the initial and/or renewal of certifications and/or professional licenses that are job-related, subject to the approval of Human Resources and the City Manager.
C. The employee will reimburse the City for all expenses incurred for any class or classes the employee fails or does not complete or if the employee voluntarily leaves City employment during the period they are enrolled and received payment.
B. Advancement of tuition shall be on a pro-rated basis depending upon the number of hours an Employee covered by this Agreement is normally scheduled to work (i.e. full time @ 100% coverage, half time @ 50% coverage, etc.).
ARTICLE 32 – OVERTIME
A. The City agrees to pay association members in the following classifications time and one-half (1-1/2) their regular rate of pay for all hours worked in excess of forty (40) hours worked in a work week. Overtime may be paid in either cash or compensatory time earned as part of the regular payroll process. The City will pay overtime to employees in eligible classifications in the same manner as paid to the General & Supervisory Employees Association.
B. In determining an employee's eligibility for overtime compensation in a workweek, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked.
C. For example, if a non-exempt employee is scheduled (with more than 12 hours’ notice) to work overtime at the end of their shift for three hours and takes two hours sick time during that same workday, the employee would receive straight time for the first two extra hours and time and one-half for the remaining one hour. If, however, the employee is held-over without notice, they would receive time and one-half for all extra hours.
D. The City and Association agree that non-exempt employees covered by this Agreement who are subject to the biannual daylight savings time changes will not be eligible for compensation or be subject to loss of paid time because of the change in hours.
E. If a non-exempt employee works on a holiday that falls on their regular workday the employee shall receive compensation at a rate of time and one half in addition to their regular rate of pay for that day. The effect of this is to pay at total of two and one-half times the employee’s regular rate of pay. The employee may choose to receive either compensatory time off or pay for those hours.
F. If a non-exempt employee works on a holiday that falls on their regular day off, the City shall compensate the employee at the rate of time and one-half their regular rate of pay for all hours worked that day. In addition, the employee will accrue Holiday comp time for the holiday. The effect of this is to pay a total of two and one-half times the employees’ regular rate of pay.
G. If a holiday falls on a non-exempt employee’s regularly scheduled day off and the employee does not work that day, the employee shall accrue Holiday Comp time for the
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holiday in accordance with the holiday schedule based on the employee’s regular work schedule.
H. Classifications eligible for overtime compensation in accordance with the FLSA include:
Administrative Assistant
Deputy City Clerk
Administrative Services Coordinator
Crime & Intelligence Analyst
Emergency Management Coordinator
Executive Assistant to Police Chief
I. The following classifications have been determined to be exempt from overtime as defined in the Fair Labor Standards Act (FLSA) and as FLSA applies to public agency employees. As such, these classifications shall not be eligible to accrue compensatory time or be paid overtime:
Accountant
Associate Engineer
Associate Planner
Assistant Engineer
Assistant Planner
Building and Code Enforcement Official
City Engineer
Deputy City Engineer
Revenue Supervisor
Deputy City Engineer
Environmental Program Manager
GIS & IT Analyst
Management Analyst
Senior Management Analyst
Public Works Superintendent
Recreation Coordinator
Senior Engineer
Senior Recreation Supervisor
Public Works Assistant Superintendent
Planning Manager
ARTICLE 33 - MANAGEMENT LEAVE
Employees in exempt classifications listed above shall receive eighty (80) hours of additional Management Leave each calendar year in addition to flex time for extraordinary assignments, fixed holidays, vacation, and Bereavement Leave. Management Leave does not accumulate or carry over; it must be used each year. If not used by December 31st of each calendar year, any unused Management Leave shall be forfeited. Said leave shall have no monetary value and shall be prorated for partial years’ service upon initial appointment.
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ARTICLE 34 – COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES A. In lieu of pay, Compensatory Time may be earned at a rate of one and one-half times the actual hours worked in an overtime situation as defined by Article 32 for non-exempt employees. Said Compensatory Time may be accrued to a maximum of one hundred (100) hours with an automatic cash-out of any overage as a part of the regular payroll process. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th.
B. In a holiday situation, Compensatory Time can be earned as indicated in Article 42 and can be accrued up to 100 hours with an automatic cash out of any overage.
C. Separate accrual banks shall be maintained for each type of Compensatory Time.
D. The granting of requests for Compensatory Time off shall not be unreasonably withheld and shall be granted unless it would unduly disrupt operations.
E. Employees may elect to cash-in accrued compensatory time quarterly each calendar year in January, April, July, and October.
ARTICLE 35 – VACATION
A. It is agreed that all Employees covered by this Agreement shall accrue vacation as follows:
Years of Service Accrued Per Year
* Probation Period 1st Year 80 hours
Commencing with 2nd Year 80 hours
“ “ 4th Year 96 hours
“ “ 6th Year 112 hours
“ “ 10th Year 128 hours
“ “ 14th Year 144 hours
“ “ 18th Year 160 hours
B. Employees may use (subject to Department Director’s approval) up to one (1) week of vacation six (6) months after hire date (after halfway point of probationary period).
C. Vacation may be accrued up to thirty (30) month accrual level, with an automatic cashout of hours in excess of that amount. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th.
D. Employees shall be reimbursed for 100% unused vacation days accrued upon resignation, retirement or imposed termination from their employment with the City.
ARTICLE 36 – SICK LEAVE
A. Effective July 1, 2022, employees shall accrue sick leave at the rate of ten (10) hours per month. After 200 hours are accrued, a unit member may cash out annually up to a maximum of 96 hours at the employee’s regular rate of pay at 100% rate. In lieu of cash
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out, Employees may convert up to a maximum of 96 hours of sick time to vacation time annually, accrued in excess of two hundred (200) hours provided that the vacation bank does not exceed allowed maximum level. The cash outs will take place based on the accrual balance of November 16th and paid on the check of December 5th.
B. Employees covered by this Agreement may, at any time or upon resignation or retirement from their employment with the City, elect to be paid for unused sick leave accrued prior to June 30, 2017, at their current rate of pay. Sick leave accrued prior to June 30, 2017 shall be eligible for 100% cash-out at resignation or retirement. Except as provided in A above, unused sick leave accrued after June 30, 2017, shall not be cashed out. Pursuant to Government Code § 20965, related CalPERS, rules and the City’s contract with CalPERS, upon retirement from City employment, a unit member’s unused accumulated sick leave at the time of retirement may be converted to additional service credit.
C. Employees shall be eligible to use accrued sick leave during their probationary period.
D. Additional information on eligible leaves, including statutory leaves, can be found in Rule XXV of the City of Hermosa Beach’s Personnel Rules.
ARTICLE 37 – BEREAVEMENT LEAVE
Each Employee covered by this Agreement shall receive a maximum of forty hours per occurrence to be utilized for Bereavement Leave because of a death in their immediate family , including spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent in-law, and step-child . . One additional unpaid shift shall be granted to the employee upon request. The employee can elect to use available paid leave accruals to cover the additional shift. Employees may pre-designate and substitute other Members defined as “immediate family.” The intent of this provision is not to expand the number of persons included in the definition of “immediate family” or to increase paid leave opportunities, but rather to recognize variation in family structure (e.g. stepmother for mother). Bereavement Leave shall be taken within twelve (12) months of the death and does not need to be consecutive nor will pay in lieu of unused leave for bereavement be provided.
ARTICLE 38 – JURY DUTY
A. If called for jury duty in a Municipal, Superior, or Federal Court, or for a Coroner’s Jury, Employees covered by this Agreement shall remain in their regular pay status. All jury fees except mileage reimbursement shall be returned to the City. The City will provide paid jury duty leave in accordance with Administrative Policy P15.
B. Employees who have served four (4) or more hours in one day of jury duty will not be required to report for work within twelve (12) hours of the time they were released, dismissed, or excused from jury duty for the day. At the Supervisor’s discretion an employee may be excused from the reporting requirement if the time they would be at work is de minimis.
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ARTICLE 39 – MILITARY LEAVE
All Employees covered by this Agreement shall be entitled to Military Leave as afforded by Federal and State law but shall not receive any base salary pay while on such Leave, except as required by law.
ARTICLE 40 – HOLIDAYS
A. All Employees covered by this Agreement shall receive 120 hours per year for the following holidays off with pay: New Year’s Day; Martin Luther King, Jr.’s Birthday; President’s Day; Cesar Chavez Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; half-day (5 hours) Christmas Eve; Christmas Day, half-day (5 hours) New Year’s Eve.
B. When a holiday falls on a normal day off, Employees shall receive Holiday Compensation Time. Employees covered by this Agreement may accrue up to 100 hours of Holiday Compensation Time for those holidays in which compensatory time is earned. The City will provide a holiday schedule to the Association for review prior to January 1 of each year. For all holidays that fall on a Friday or Saturday, City Hall offices will be open regular hours on Monday and employees will receive compensatory time. For all holidays that fall on a Sunday, the holiday will be observed on Monday.
ARTICLE 41 – RETIREMENT/RETIREE MEDICAL
A. Tier I. The City provides the PERS 2% at 55 Plan with one year final compensation to employees hired prior to July 1, 2011.
B. Tier II. For new employees hired on or after July 1, 2011 and ending December 31, 2012, the PERS retirement benefit formula shall be the 2% @ 60 plan, with retirement benefits calculated on one year final compensation.
C. Tier III. Employees hired on or after January 1, 2013, shall be subject to the Public Employee Pension Reform Act, (“PEPRA”; Assembly Bill 340) including but not limited to:
1. 2% at 62 retirement formula for those who are “new members” as that term is defined in AB 340.
2. Such new members shall pay to PERS by payroll deduction 50% of the “normal cost” as defined in AB 340 or the then current contribution rate of similarly situated employees, whichever is greater, as required by Government Code section 7522.30(c).
D. Employees who retire after July 1, 2006 and were hired before July 1, 2018 shall be eligible, upon service retirement from the City, for a medical premium supplement. Said supplement shall be in the following amount:
19 Professional & Administrative Employees
1. The City will contribute 5% of the health insurance premium for each year of service with the City of Hermosa Beach up to the lesser of the single person lowest costing HMO premium or $500 per month. A retiring employee must have completed a minimum of ten (10) years of service with the City of Hermosa Beach and be at least fifty-five (55) years of age to be eligible for this benefit.
2. Said supplement shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium.
3. In order to be eligible for medical supplemental payments, an Employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self-procured medical insurance plan.
4. Retirees who are eligible for a supplement but who are not covered on the City insurance policy are still eligible to receive their supplement. Payments will only be made when the retiree provides proof of coverage of insurance and proof of the amount paid for said coverage. Proof of coverage and the amount paid must be provided to the City within 60 days. The City will not provide retroactive reimbursement for payments not documented within 60 days of payment.
5. Any Retiree receiving a benefit under this section agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid) for which they become eligible.
E. Employees who are hired after July 1, 2018 shall be eligible, upon service retirement from the City at age sixty (60) with a minimum of twenty (20) continuous City service, for a medical premium supplement. Said supplement shall be paid as follows:
1. The City shall pay a $400.00 per month medical supplement that shall commence with the first month following the Employee’s service retirement in which the Employee is responsible for payment of the insurance premium.
2. The City’s payments will end with the month in which the employee reached the eligibility of State of Federal Medicaid, currently 65 years of age.
ARTICLE 42 – HEALTH AND WELFARE
A. The City shall make available for employees the following insurance plans: Health, Dental, Short and Long-Term Disability, Vision and Psychological Health. Current Health, Dental, Short and Long-Term Disability, Vision, Psychological Health, or their equivalent, to remain in force during the term of this Agreement. City shall meet and confer with the bargaining unit should there be a change in providers or a change in benefit level.
B. For life insurance, the City shall provide and pay the premiums for a Life Insurance policy for each Employee, payable in an amount equal to the individual’s annual salary upon such Employee’s death.
20 Professional & Administrative Employees
C. For medical/health insurance, for the benefit years beginning January 1, 2023, and later, the City’s maximum contribution toward medical insurance for each employee’s selected plan and level of coverage will be $1,875.39. Employees choosing a medical insurance plan and/or coverage level with a monthly premium that exceeds the City’s maximum contribution shall pay the difference by payroll deduction.
D. An employee who demonstrates proof of medical insurance coverage available through a spouse or domestic partner may receive a cash payment of $750.00 per month in lieu of City provided coverage.
E. For dental insurance, the City shall pay the monthly premium contribution for full family coverage for dental insurance, including PPO.
F. For psychological health, the City will continue to pay for the benefit.
G. The full cost of the Vision Insurance shall be borne by the employee.
H. The City and P&AE mutually recognize the need to maintain existing health insurance cost-containment measures and to continue to control health insurance costs. Toward that end, the City and P&AE agree to establish an “Insurance Review” committee that shall meet prior to each benefit renewal year to evaluate and recommend renewal coverage.
I. During the Term of this MOU, the City intends to review its dental and vision providers for the purpose of providing quality care for a reasonable price. If the City changes providers and the cost of the dental premium is reduced by at least 20%, the City will bear the cost of lowest cost vision plan for the employee + 2 or more dependents.
ARTICLE 43 – SHORT & LONG TERM DISABILITY
A. The City’s Short Term Disability (STD) Insurance Plan begins after a 7-day waiting period. The maximum benefit is 66 2/3% of earnings up to a maximum of $2,775 per week. The City’s Long Term Disability Insurance Plan provides 66 2/3% of earnings, up to a maximum benefit of $9,000 per month and begins after 90 days of disability or the date STD benefits end, whichever is later. An Employee utilizing the Short- or LongTerm Disability Plan shall not accrue Vacation, Sick Leave, Holiday Pay or allowances after the 30th calendar day after disability.
B. Employees are eligible to coordinate their Short and Long-Term Disability Insurance with paid compensated time-off work to be paid up to 100% of take home pay.
ARTICLE 44 - FAMILY AND MEDICAL CARE LEAVE
As required by State and Federal law, the City will provide Family and Medical Care Leave for eligible Employees. The City maintains a FMLA/CFRA/PDL procedure which governs
21 Professional & Administrative Employees
Family and Medical Care Leave, which is provided to all employees at the start of their employment and on the City’s Intranet site
ARTICLE 45 – LAYOFF
A. It is mutually agreed that whenever, in the judgment of the City Council, it becomes necessary to abolish a position in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or employment in the competitive service and the personnel officer shall layoff, demote or transfer Employees thereby affected.
B. The criterion used in determining the order of separation shall be seniority, pursuant to the Municipal Code, Chapter 2.76 – Civil Service.
C. Date of hire shall include all City service including CETA and FEEA time but not part time/no benefit service.
D. Seniority shall not include the time which was terminated by voluntary resignation from the competitive service, layoff, unpaid leave of absence or suspension from the competitive service but shall include time served on military leave of absence.
E. When a layoff affects a classification which crosses department lines, the less senior employee in said classification shall receive the layoff regardless of department as outlined in paragraphs D, E and F.
F. Employees laid-off shall have the City paid portion of their medical insurance premiums paid for two months following the date of lay-off.
G. The City will endeavor to provide each affected Employee and the Association as much notice as possible, with a minimum thirty (30) day advance notice to each affected Employee.
ARTICLE 46 – RETURN TO WORK FROM LAYOFF
A. It is mutually agreed that the names of probationary and permanent employees laid off shall be placed upon an eligibility list for classes which, in the opinion of the City Manager, require essentially the same qualifications and duties and responsibilities as those of the class of position from which the layoff was made.
B. Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re-employed by the City. The result being, by classification, the last employee laid off shall be the first rehired.
C. In the event that an employee on a rehire list is offered a position in the classification from which they were laid off and does not accept said position, then their name shall be removed from all re-employment lists. Acceptance of temporary employment does not affect eligibility on permanent re-employment list.
22 Professional & Administrative Employees
D. In the event that an employee on a rehire list is offered a position in a lower classification from which they were laid off and does not accept said position, their name shall be removed from the lower classification rehire list but will remain on the higher classification list.
E. Employees hired from the re-employment list into a classification lower than the classification in which they were laid off shall have their names maintained on the reemployment list for the higher classification until said re-employment list expires.
F. Notices of recall from layoffs shall be sent by email to last known email and by certified mail (return receipt requested) and shall specify the date for reporting to work which shall not be more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by postal service. Notice of recall will also be forwarded to the recognized bargaining agent. Employees to be laid off shall submit to the Personnel office their current address at the time of separation. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity.
G. Any employee failing to respond in writing within five (5) days of recall, or failing to report on the prescribed date within the two (2) week maximum, waives all remaining rights to recall on all re-employment lists. The City will proceed to the next senior person until recall needs are met or the list(s) is exhausted.
H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 52 Layoff, paragraphs D, E and F.
ARTICLE 47 – REDUCTION IN LIEU OF LAYOFF
It is mutually agreed that an Employee whose position is abolished shall be governed by Municipal code 2.76.200 – Civil Service.
ARTICLE 48 – SELECTION OF INDUSTRIAL ACCIDENT DOCTOR
OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facilities to be used for industrial accidents or illness.
B. Employees will be seen and treated by medical professionals that are part of the Medical Provider Network, unless an employee has pre-designated a physician.
C. Employees may designate a personal physician to provide treatment in the event of a workers’ compensation injury or illness. A pre-designation form entitled, “PERSONAL PHYSICIAN PRE-DESIGNATION FORM FOR WORK RELATED INJURIES” must be completed in order to designate a physician. This two-page form is available in the Human Resources Office and must be signed by the employee AND their personal
23 Professional & Administrative Employees
physician and returned to the Human Resources office BEFORE an injury occurs in order to be valid.
D. An Employee who suffers an injury-on-duty will continue to have payment of the City portion of all Health Insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred.
E. Accrual of vacation, sick and holidays shall be governed by the provisions of Article 21(A).
F. Nothing herein shall prevent an Employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers’ Compensation laws of the State of California.
ARTICLE 49 – GRIEVANCES/APPEAL OF DISCIPLINE
This Grievance/Appeal Procedure shall be used to resolve disputes arising from any allegation by Professional and Administrative Employees that the City has violated the terms of this Resolution.
A. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against them.
B. Grievances:
1. Step 1. The Grievance shall be presented in writing to the Department Director. A meeting with the employee, Association Representative(s) and Department Director will be arranged at a mutually agreeable location and time to review and discuss the Grievance. Such meeting will take place within ten (10) calendar days from the date the Grievance is received by the Department Director. The Department Director may invite other members of management to be present at such meeting. The Department Director will give a written reply by the end of (10) calendar days following the date of the meeting, and the giving of such reply will terminate Step 1.
2. Step 2 - If the Grievance is not settled in Step 1, it shall be submitted to the City Manager. The employee, Association Representative(s) and City Manager shall, within (5) working days after the termination of Step 1, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the Grievance. Such meeting will take place within ten (10) calendar days from the date the Greivance is referred to Step 2. A decision shall be rendered within ten (10) calendar days from the date of such meeting. The decision shall be in writing stating the reasons for the decision.
3. Step 3 - Grievances regarding the provisions contained within this memorandum of understanding, not settled following the City Manager’s determination and that either party desires to contest further, may be submitted to arbitration as provided in this article provided however that said Request for Arbitration shall be made within twenty (20) calendar days of the City Manager’s determination.
24 Professional & Administrative Employees
4. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no Agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the State Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.
5. Either the City or the Association may call any employee as a witness, and the City agrees to release said witness from work if they are on duty.
6. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.
7. The decision of the arbitrator within the limits herein prescribed shall be advisory only.
8. The arbitrator may hear and determine only one grievance at a time without the express agreement of the City and the Association. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees.
C. Appeals of Discipline
1. Step 1: The Appeal will be presented to the Department Director within ten (10) calendar days after receipt of the disciplinary action. A meeting with the employee, Association Representative(s) and Department Director will be arranged at mutually agreeable location and time to review and discuss the Appeal. Such meeting will take place within ten (10) calendar days from the date the Appeal is received by the Department Director. The Department Director may invite other members of management to be present at such meeting. The Department Director will give a written reply by the end of the tenth (10th) calendar day following the date of the meeting.
2. An Appeal of Discipline in the form of a Written Reprimand shall not be appealable after Step 1, however an employee may prepare a written response to the reprimand to be placed in the employee’s personnel file.
3. Step 2: If the Appeal is not settled in Step 1, it shall be submitted to the City Manager.
The employee, Association Representative(s) and City Manager shall, within ten (10) calendar days after the termination of Step 1, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the Appeal. Such meeting will take place within ten (10) calendar days from the date the Appeal is referred to Step 2. A decision shall be rendered within seven (7) calendar days from the date of such meeting. The decision shall be in writing.
25 Professional & Administrative Employees
4. An appeal of discipline of a suspension of less than 5 days or a reduction in pay with a financial loss of less than five days shall not be appealable beyond Step 2.
5. Step 3: Appeal to the City Council. Major discipline may be appealed within ten (10) working days from receipt of the denial of the Step 2 Appeal to the City Council in accordance with Personnel Rule XXXF. Major discipline includes suspension without pay for five (5) or more days, demotion, a reduction in pay that is equal to the financial loss caused by a suspension without pay for five (5) or more days, demotion, and termination for cause.
D. Time limits, as set forth in this article may be extended by mutual agreement between the parties.
ARTICLE 50 - REOPENERS/ME-TOO CLAUSE
The parties agree to reopen the meet and confer process during the term of this MOU only as regards the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners:
1. The City and PAE agree to meet and confer on moving the City from a bi-monthly payroll period to a bi-weekly payroll period. It is understood that in order to move to a bi-weekly payroll all bargaining units in the City must agree to this change by mutual consent.
2. The City and PAE agree to meet and confer on the City’s contribution for medical coverage if the monthly premium exceeds the cost of the family HMO plan. Any changes to the contribution for medical coverage can only be made by mutual consent.
During the term of this MOU, if any other bargaining unit in the City of Hermosa Beach, except the Police Officer’s Association and the Police Management Association, receive higher increases to the proposed cost of living increases, as described in Article 28 Wage Rate, or additional benefits not afforded PAE, the City agrees to provide the same such increases and improvements to the Association.
The provision of this paragraph shall expire on and not be effective after June 30, 2028.
ARTICLE 51 – TERM OF AGREEMENT
This Agreement shall commence July 1, 2025 and continue until midnight June 30, 2028.
26 Professional & Administrative Employees
IN WITNESS WHEREOF, the parties hereto cause this Agreement to be executed this __________ day of __________, 2025.
PROFESSIONAL & ADMINISTRATIVE
EMPLOYEE GROUP OF HERMOSA BEACH CITY OF HERMOSA BEACH
NEGOTIATING COMMITTEE
_________________________________ _______________________________ Vicky Barker, City Employees Associates Cynthia Stafford, Chief Negotiator _________________________________ _______________________________ Kambria Vint, Recreation Coordinator Brandon Walker, Administrative Services Director
________________________________
John Cordova, Public Works Superintendent Tiffany Nguyen, HR Manager Kim Swindell, Administrative Assistant
27 Professional & Administrative Employees
Exhibit A
28 Professional & Administrative Employees
29 Professional & Administrative Employees
PROFESSIONAL AND
ADMINISTRATIVE EMPLOYEE
GROUP MEMORANDUM OF
UNDERSTANDING JULY 1, 2025, -
JUNE 30, 2028
Through labor negotiations, the City strives to maintain competitive wages, hours, and working conditions in a high-cost geographic labor market ensuring the ability to retain and attract a high-quality workforce that delivers a wide range of services to the community.
INTRODUCTION
The Meyers-Milias Brown Act requires that local public agencies negotiate with its respective bargaining units regarding wages, hours, and working conditions. Under direction from the City Council, the Council approved a City negotiating team that was tasked with negotiating a successor MOU with each of the City’s bargaining units for new terms. The Current MOU for the Professional and Administrative Employee Group expires on June 30, 2025.
The City’s negotiating team met and conferred with representatives of the Professional and Administrative Employee Group to discuss wages, hours, and other terms and conditions of employment contained in the successor MOU. The City and PAE met and conferred and reached agreement in June 2025. The PAE membership ratified the MOU on June 18, 2025.
25 classifications and 30 employees:
• Finance series
• Administrative support series
• Engineer series
• Planner series
• Analyst series
• Public Works Superintendent series
• Recreation series
• Building Official
• Deputy City Clerk
• Emergency Management
Coordinator
• Environmental Program Manager
• GIS & IT Analyst
PAE Membership
Background
• October 11, 2022 - City Council approved the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Professional and Administrative Employees Bargaining Unit for July 1, 2022, through June 30, 2025.
• On September 10, 2024, the City Council approved an amendment to the Professional and Administrative Employees Bargaining Unit MOU as follows:
1. Accreting an existing classification into their BU.
2. Moving a BU classification to the non-represented group to comply with the definition of a confidential employee.
3. Allowing the prorating of the Merit Pay Bonus.
4. Defining the premium pay for Article 24, Temporary Upgrade Pay.
Discussion
TERM OF THE MOU: July 1, 2025 – June 30, 2028
Wage Rate Increase (Article 6):
• 3% effective 7/1/25.
• 3% effective 7/1/26.
• 3% effective 7/1/27.
• Bring all classifications in the unit up to the median effective 7/1/25.
Deferred Comp. Match (Article 7):
Increase deferred comp. match from $25/month to $50/month.
Discussion
Vision Insurance (Article 42):
City to pay for vision insurance provided that a new provider for dental insurance reduces the premium by at least 20%.
Bilingual Pay (Article 41):
Reduce premium pay from 5% of salary to $100/month and remove cap.
Premium Pay for PW Supt.
Remove 10% Premium Pay and add into base salary.
Management Leave (Article 35):
Increase Management Leave from 70 hours to 80 hours. Management Leave must be used within a calendar year and cannot be cashed out.
Discussion
Additional Duties Pay (Article 32):
Add a premium pay to compensate an employee when they are temporarily assigned additional duties. Such employee shall be eligible for Additional Duties Pay of $400 per month after 80 consecutive hours of performing the additional duties.
Holidays (Article 42):
Add half-day (5 hours) holiday on Christmas Eve and New Year’s Eve and delete Section C, Holiday Flex Time of ten (10) hours.
Reopeners/Me-Too Clause (Article 55):
If the City provides COLA increases or other benefits to other civilian bargaining units greater than provided to PAE, that PAE will be eligible for the higher COLA and/or benefit.
Fiscal Impact
The total cost of the negotiated changes is estimated to be $511,587 for FY 2026-2028, which will be included in each subsequent year’s proposed budgets.
Recommendation
Staff recommends that the City of Hermosa Beach City
Council approve the Resolution and successor Memorandum of Understanding between the City of Hermosa Beach and the Professional and Administrative Employees Bargaining Unit for the period of July 1, 2025, through June 30, 2028.
Cyndi Stafford, Human Resources
[email protected]
THANK YOU!
City of Hermosa Beach | Page 1 of 3
Meeting Date: June 24, 2025
Staff Report No. 25-CA-013
Honorable Mayor and Members of the Hermosa Beach City Council INFORMATION ON REQUEST FOR CLOSED SESSION MINUTES FROM MAY 5, 2025 (ITEM 4B) AND MAY 13, 2025 (ITEM 4B) BE PUBLICLY DISCLOSED (Interim City Attorney Todd Leishman)
Recommended Action:
Staff recommends City Council receive and file this report on an informational-only item regarding a request for the closed session minutes from May 5, 2025 (item 4b) and May 13, 2025 (item 4b) to be publicly disclosed.
Executive Summary:
At its June 10, 2025, meeting, City Council requested that an informational-only item be added to the June 24 agenda, regarding disclosure of the closed session minutes from May 5, 2025 (item 4b) and May 13, 2025 (item 4b). Mayor Pro Tem Detoy motioned and Councilmember Jackson supported.
Background:
At its April 22, 2025, meeting, City Council placed the following item on the closed-session agenda. This item was continued to the closed session meeting on May 5, 2025, under the following heading:
4.b PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
At its May 13, 2025 meeting, the City Council placed the following item on the closed session agenda:
4.b Government Code Sections 54954.5(e) & 54957:
PUBLIC EMPLOYEE APPOINTMENT
Title: Acting City Manager
PUBLIC EMPLOYMENT
Title: Interim City Manager / City Manager
At the June 10 Council meeting, Mayor Pro Tem Detoy moved to add an item to a future agenda for the Council to discuss waving confidentiality of the closed session minutes for
City of Hermosa Beach | Page 2 of 3
these two items from prior meetings (the “Minutes”). Councilmember Jackson supported adding the item. No other member of the Council supported the motion.
Analysis:
Informational-Only Today. Under the City’s long-standing practice, if only two members of the Council support adding an item to a future agenda, the item may only be informational, agendized “for initial discussion with [a] brief staff report.” (Leader’s Guide 2016, Protocol 11.A, p. 106.) Three votes are required to add an action item to a future agenda.
Here, because there were only two votes in favor of MPT Detoy’s motion on June 10, this Minutes discussion is only informational. An action item would have to be placed on the agenda for another future agenda for the Council to take action on it.
Closed Session Confidentiality. The Brown Act governs Council meetings and allows the Council to meet in closed session to discuss certain topics. If minutes of the closed session are kept, the Brown Act states that they “shall be kept confidential” except in rare circumstances. (Gov. Code § 54957.2(a).) Confidential information received in closed session may not be disclosed unless the Council authorizes disclosure. (Gov. Code § 54963(a).)
Council authorization of closed session minutes is rare, but it does happen. Some factors that may be considered when deciding whether to authorize disclosure or not include: Whether disclosure might prejudice the City in on-going negotiations or settlement discussion; whether disclosure might chill member candor in closed session; and whether disclosure might create liability risk for the City. Some confidential information may not be disclosed even if the Council is willing to authorize it, such as confidential personnel information, which is protected from disclosure under the California Constitution and the Brown Act.
Whether discussing potential disclosure of the Minutes occurs during an informationalonly item, such as this one, or as part of an action item, such as might be added to a future agenda — Council discussion of whether to disclose the Minutes must not reveal the contents of the minutes or any other confidential information from the closed sessions. For example, the public agenda description of the May 5 item makes it clear that the Council met to evaluate the performance of the city manager, so when discussing a motion to disclose the Minutes for that item, a member of the council or staff may refer to the fact that the council met to evaluate the city manager’s performance (that much is apparent from the agenda), but no reference should be made to comments or motions made or to action or to votes taken at the closed session.
The same is true of the May 13 item. Council discussion of whether to disclose the
City of Hermosa Beach | Page 3 of 3
Minutes for that item may refer to the fact that the Council met to discuss appointment of a new interim city manager, as well as to the now-public fact of a subsequent appointment, but the discussion may not include unauthorized disclosure of any part of the Minutes themselves, of motions or comments made, or of votes or actions taken in the closed session.
Recommendation: Receive and file this report because no action may be taken at this meeting to authorize disclosure of the Minutes. Any such action would need to be placed on a future agenda by an affirmative vote of three members of the Council.
Fiscal Impact:
There is no fiscal impact related to the recommended action.
Attachment:
None.
Respectfully Submitted by: Todd Leishman, Interim City Attorney Approved: Steve Napolitano, Interim City Manager
City of Hermosa Beach | Page 1 of 1
Meeting Date: June 24, 2025
Staff Report No. 25-CMO-045
Honorable Mayor and Members of the Hermosa Beach City Council
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
The tentative future agenda provides a preliminary preview of topics planned for discussion at upcoming City Council meetings over a specified period, typically the next three months. The items listed in this document are "tentatively" scheduled, meaning they are subject to change and should not be considered final until the official agenda for each meeting is posted. This document is a work in progress and offers a glimpse into the City's priorities and planned discussions, allowing stakeholders to anticipate and prepare for potential topics of interest.
Key Features of a Tentative Future Agenda Document:
1. Tentative Schedule: Each agenda item is assigned a tentative date, indicating when it is expected to be discussed. These dates are provisional and may be adjusted based on various factors.
2. Work in Progress: The document is continuously updated as new items emerge, priorities shift, or additional information becomes available. This flexibility ensures City Council can address the most pressing issues in a timely manner.
3. Transparency and Communication: By publishing a tentative future agenda, the City aims to maintain transparency with residents, businesses, and other stakeholders. It helps the community stay informed about potential topics of discussion and provides an opportunity for public engagement and preparation.
4. Fluid Scheduling: The scheduling of agenda items is fluid until the official agenda for a specific City Council meeting is posted. Changes can occur due to various reasons, such as new developments, additional preparatory work required, or changes in workload or priority.
Attachment:
Tentative Future Agenda Items
June 18, 2025
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council June 24, 2025
TENTATIVE FUTURE AGENDA ITEMS
NO MEETING JULY 8, 2025
(DARK)
JULY 22, 2025 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
JULY 22, 2025 @ 6:00 PM
PRESENTATIONS
RECOGNIZING HERMOSA BEACH SURFER MORGAN SLIFF
HERMOSA BEACH CHAMBER OF COMMERCE PROVIDES FIESTA HERMOSA RECAP
CITY MANAGER REPORTS
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Administrative Services Director Ongoing Cash Balance Report for April & May 2025 Administrative Services Director Ongoing Revenue Report, Expenditure Report, and CIP Report by Project for April & May 2025
Administrative Services Director Ongoing
City Treasurer’s Report for April & May 2025 City Treasurer Ongoing Action minutes of the Planning Commission Meeting of July 15, 2025 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Contract Amendments for Almanza Assoc. Community Development Director Staff Request Jun 12, 2025
Third Contract Amendment for CSG Inc. Community Development Director Staff Request Jun. 12, 2025
Participation in Beach Cities Transit (BCT) Line 109 Agreement with Financial Contribution from Other Cities, Funded Partially from Proposition A Funds (continued from June 10, 2025)
Community Development Director Staff Request
Apr. 15, 2025
Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of June 3, 2025
Community Resources Director Ongoing
Approval of Agreement with the Hermosa Beach Kiwanis Club to Provide its Annual Christmas Tree Lot
Community Resources Director Staff Request
Jun. 18, 2025
Action minutes of the Public Works Commission Meeting of May 21, 2025 Public Works Director Ongoing Capital Improvement Program Status Report Public Works Director Ongoing Adopt a Resolution Approving the Updated Sewer System Management Plan and Authorize the Legally Responsible Official and Submit to the California State Water Resources Control Board
Environmental Program Manager Staff Request
Jun. 17, 2025
PUBLIC HEARINGS – 6:30 PM
Public Hearing to Review Delinquent Solid Waste Collection (Refuse) Charges for Consideration of Placing Said Charges on the Property Tax Rolls as a Special Assessment Affecting Only Those Properties with Refuse Bills Delinquent as of March 31, 2025
Environmental Program Manager Annual
Public Hearing on the Annual Levy of Sewer Charges on the Property Tax Roll
Public Works Director Annual
MUNICIPAL MATTERS
Council Consideration and Direction on Recommendations from the City Manager’s Civic Facilities Project Advisory Group
City Manager Council Direction
Approval of a Professional Services Agreement with Am-Tec Total Security for Real-Time Crime Center
Police Chief Staff Request
May 29, 2025
Consideration of Approval of the Commencement of Special Event LongTerm Agreement Negotiations with AAU, AVP, and JVA/BVCACommunity Resources Director Staff Request Jun 12, 2025
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items Page 530 of 535City Manager Ongoing 2 TENTATIVE - TUESDAY, JULY 29, 2025
JOINT CITY COUNCIL & PUBLIC WORKS COMMISSION MEETING
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City Treasurer’s Report for June 2025 City Treasurer Ongoing Action minutes of the Planning Commission Meeting of August 19, 2025 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of July 1, 2025
Community Resources Director Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing
MUNICIPAL MATTERS
Consideration of allowing three minutes per speaker and virtual participation for general public comment period at Council Meetings (supported by:
Keegan, Francois, and Saemann)
Council Direction
May 27, 2025
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
SATURDAY, AUGUST 30, 2025
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3 SEPTEMBER 9, 2025 @ 5:00 PM
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PRESENTATIONS
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National Voter Registration Day – September 16, 2025
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FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
4 PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
(Updated 02/11/25)
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Director
Awaiting professional building
assessment of the Kiwanis
Building, Rotary Building, and
Lawn Bowling Club to
determine the level of
maintenance, repairs, and
future upgrades that may be
needed and required by the
City.
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director Council approved $25,000 in
the FY 2023-2024 Budget to
study the District rates and to
consider creating a new
supplemental district. The
study will seek to address the
annual operating deficit, so that
no further subsidies from the
General Fund or other
discretionary funds would be
required. The study should
include District-related
recommendations from the
Parks Master Plan, thereby,
shifting completion of the study
to FY 2024-25. The study is
anticipated to take
approximately 4 to 6 months to
complete pending staff
availability. If council agrees to
then advance the adjustment, it
will need to go to a citywide
ballot in compliance with
Proposition 218. The earliest
ballot would be in November
2026.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk In process.
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
BCHD will connect with
Councilmembers over time to
determine timing to bring this
back.
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
5 handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only after the City
receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Parks, Recreation, and Community Resources Advisory Commission Volleyball Court Use Subcommittee was formed to review all aspects of the beach volleyball courts located in the residential area Initiated: 2021
Community Resources
Director
The project scope was
expanded in late 2022 to
include a review of all aspects
of beach volleyball courts in
the commercial zone, between
10th and 15th Street. This
includes, but is not limited to,
a review of court inventory and
placement, best practice
research of volleyball court use
policies in surrounding cities,
court use policy development,
review of maintenance
practices, and review of court
personalization. Staff formed a
stakeholder group to work
alongside the subcommittee
and staff. Staff will complete
the review of court inventory
and placement, best practice
research, and formed a draft
court use policy pending
review by the subcommittee
and stakeholder group in the
first half of 2025.
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
This will be folded into the
zoning code update for when
we address general
development standards.
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager This item can be considered as
part of the City’s budget
development.
Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items.
Citywide Engineering and Traffic Survey and review of provisions in California Assembly Bill 43 that are anticipated to become effective on or about June 30, 2024.
Initiated by: Unanimous Council Direction July 25, 2023 Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.
Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager Metro will begin filed work
and investigations in the project
area to collect info needed to
respond to public comments.
This work will begin on 2/5.
Additionally, Metro is
preparing the Final EIR to be
released in second half of 2025.
Consideration of a Revocation Policy for Parking Permits Related to ShortTerm Rental Violations Initiated by: Council Direction April 9, 2024
Community
Development Director
City Attorney has opined that
the connection between
residential parking permits and
short-term vacation rentals is
strained, enforcement is tough
due to the way certain
6 properties are held via
corporate entities, and if a
property is used as a STVR and
gets caught, banning them from
getting a residential parking
permit in the future would
seemingly vitiate future legal
use as a long term rental.
Consideration of City to cover initial cost to establish Tourism Improvement District (TID) to be reimbursed by Chamber of Commerce (supported by Detoy, Francois, and Jackson)
Initiated by: Council Direction June 25, 2024
City Manager Staff will meet with Chamber
staff in early March to gain
clarity on the details of this
request—whether
loan/investment to be paid back
through TID proceeds if
successful on the ballot?
Request Public Works Commission to review fines and other consequences involved with illegal tree removal and return to Council as an action item for discussion and deliberation. (supported by Saemann, Francois, Detoy) Initiated by: Council Direction August 13, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.
Informational Item: Review process by which the Public Works Commission provides input and oversight of the CIP list. (supported by Detoy and Jackson)
Initiated by: Council Direction September 10, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items.
Explore Best Practices for Undergrounding. (supported by: Detoy, Saemann, and Jackson)
Initiated by: Council Direction November 12, 2024
Public Works Director Pending staffing availability
and completion of other
previously requested future
agenda items. Staff will also
need to request funding in the
future budget cycle to support
bringing in appropriate
consulting expertise on this
item.
Position on Metro Green Line Extension. (supported by: Francois, Saemann, and Keegan)
Initiated by: Council Direction March 11, 2025
City Manager Metro is currently performing
additional C Line surveys along
the ROW for the revised
environmental impact report
(EIR) until approximately April
2025 and expecting the
finalized report to be released
in the second half of 2025.
Council directed on 3/25/25 to
wait for the revised EIR to be
released before considering a
position.
Request to Modify a Previously Approved Shared Parking Plan (Park 25-01) to Accommodate the 4 Consolidation of Four Retail Tenants at 1601 Pacific Coast Highway Located in the (SPA-8) Zone (pulled from PC Action Minutes by: Francois, Keegan and Saemann)
Initiated by: Council Direction March 25, 2025
Community
Development Director
Review of Parking Permit Program before October (supported unanimously by City Council)
Initiated by: Council Direction May 27, 2025
Administrative Services
Director Item to return to Council before
October 2025.
Informational Item on Builders Remedy. (supported by: Francois and Keegan)
Initiated by: Council Direction Mar 25, 2025
Attorney