Irwindale City Council
August 28, 2024

Series Code From Date To Date
17 07-04-03 11/10/2015 12/30/2015 AC+2 9/1/2024
18 07-04-03 12/1/2015 12/13/2015 AC+2 9/1/2024
19 07-04-03 11/4/2015 12/12/2015 AC+2 9/1/2024
20 07-04-03 10/14/2015 11/7/2015 AC+2 9/1/2024
21 07-04-03 10/5/2015 10/31/2015 AC+2 9/1/2024
22 07-04-03 9/30/2015 10/10/2015 AC+2 9/1/2024
23 07-04-03 9/28/2015 10/4/2015 AC+2 9/1/2024
24 07-04-03 10/12/2015 10/25/2015 AC+2 9/1/2024
25 07-04-03 9/23/2015 10/10/2015 AC+2 9/1/2024
26 07-04-03 9/9/2015 9/13/2015 AC+2 9/1/2024
27 07-04-03 9/17/2015 10/2/2015 AC+2 9/1/2024
28 07-04-03 8/20/2015 8/28/2015 AC+2 9/1/2024
29 07-04-03 8/27/2015 9/12/2015 AC+2 9/1/2024
30 07-04-03 8/18/2015 8/29/2015 AC+2 9/1/2024
31 07-04-03 9/16/2015 9/27/2015 AC+2 9/1/2024
32 07-04-03 7/20/2015 8/8/2015 AC+2 9/1/2024
33 07-04-03 7/16/2015 8/1/2015 AC+2 9/1/2024
34 07-04-03 7/7/2015 9/13/2015 AC+2 9/1/2024
35 07-04-03 5/7/2015 5/16/2015 AC+2 9/1/2024
36 07-04-03 4/2/2015 5/1/2015 AC+2 9/1/2024
37 07-04-03 4/22/2015 5/31/2015 AC+2 9/1/2024
38 07-04-03 2/24/2015 3/15/2015 AC+2 9/1/2024
39 07-04-03 1/14/2015 2/6/2015 AC+2 9/1/2024
40 07-04-03 12/22/2014 12/30/2015 AC+2 9/1/2024
41 07-04-03 11/4/2014 11/9/2014 AC+2 9/1/2024
42 07-04-03 12/3/2014 12/13/2014 AC+2 9/1/2024
43 07-04-03 10/21/2014 10/26/2014 AC+2 9/1/2024
44 07-04-03 10/14/2014 10/19/2014 AC+2 9/1/2024
Box Destroyed On:

Dates of Records Retention
Period
Calculated
Individual File Folder or Summary Folder Description Destruction Date SEP 14-20 - Breast Cancer Awareness Zumbathon
SEP 15-11 -Truckin for Kids Truck Drags and Show n Shine SEP 15-10 - 742RACE.WARSLA
SEP 15-09 - Hardwood Flooring Liquidation Auction
SEP 15-08 - Foothill Federal Credit Union Auto Sale
SEP 15-07 - LA Burn Rally
SEP 15-05 - Phoenix TV 15th Anniversary
SEP 15-04 - Our Lady of Guadalupe Annual Fiesta
SEP 15-01 - Black History Event
SEP 14-24 - Bus Tours
SEP 14-23 - Run or Dye
SEP 14-22 - Mooneyes Christmas Party
SEP 14-21 - MillerCoors Employee Picnic
SEP 15-15 - SCE Hispanic Heritage Customer Appreciation- Cancelled SEP 15-14 - Foothill Gold Line Station Dedication
SEP 15-13 - 40th Annual El Camino Antique & Classic Motorcycle Show SEP 15-12 - Miller 2015 Fiesta
SEP 15-02 - Hot VW's Drag Day
SEP 15-20 - Formula Drift Pro Championship Round 7
SEP 15-19 - MillerCoors Company Picnic
SEP 15-18 - Hot VW's Drag Day
SEP 15-17 - Rosary Rally
SEP 15-16 - Sunday Fun Day 3
SEP 15-25 - Hollywood International Entertainment
SEP 15-24 - Dubfest Car Show
SEP 15-23 - Mooneyes Christmas Party
SEP 15-22 - Neon Run
SEP 15-21 - Wod for a Cause

Confidential?
No
Series Code From Date To Date
1 07-04-03 12/6/2017 12/21/2017 AC+2 9/1/2024
2 07-04-03 SEP 31-2027 - MillerCoors Company Holiday Picnic 11/22/2017 11/30/2017 AC+2 9/1/2024 3 07-04-03 SEP 30-2017- Mooneyes XMAS Party 11/9/2017 12/9/2017 AC+2 9/1/2024 4 07-04-03 SEP 29-2017 - 742 Race.Wars LA 11/7/2017 11/19/2017 AC+2 9/1/2024 5 07-04-03 SEP 28-2017- Our Lady of Guadalupe Church 10/26/2017 11/20/2017 AC+2 9/1/2024 6 07-04-03 10/12/2017 10/29/2017 AC+2 9/1/2024
7 07-04-03 10/4/2017 10/15/2017 AC+2 9/1/2024
8 07-04-03 9/25/2017 10/7/2017 AC+2 9/1/2024
9 07-04-03 9/19/2017 10/13/2017 AC+2 9/1/2024
10 07-04-03 9/19/2017 10/21/2017 AC+2 9/1/2024
11 07-04-03 8/22/2017 11/4/2017 AC+2 9/1/2024
12 07-04-03 8/22/2017 9/17/2017 AC+2 9/1/2024
13 07-04-03 8/29/2017 10/8/2017 AC+2 9/1/2024
14 07-04-03 8/3/2017 8/16/2017 AC+2 9/1/2024
15 07-04-03 7/11/2017 9/16/2017 AC+2 9/1/2024
16 07-04-03 7/10/2017 8/12/2017 AC+2 9/1/2024
Date:

Date:

Date:

City Box Number
Community Development-Code Enforcement
Department: If boxed, User Box ID
SEP 22-2017 - Night Nation Run
SEP 21-2017 - Truck War V
ONLY PLACE RECORDS SERIES WITH THE SAME RETENTION PERIOD IN A BOX! Place one copy of this form on top of the files in the box, forward one copy to the City Clerk's Office, and maintain a copy for your reference. The City Clerk's Office will assign the final box number and return a final copy of the form to you.

SEP 20-2017 - Truckin For Kids Truck Drags and Show n Shine SEP 19-2017 - Superior Communications
SEP 18-2017 - Bows & Barbell Fitness
SEP 17-2017 - Miller Solo 2017 Part 2
City Attorney:

Box Destroyed On:

Dates of Records Retention
Period
SEP 23-2017 - Cars-Net Inc.

Destruction Approval:

Dept. Manager / Director:

The City of Irwindale
Records Transfer & Disposition Form
City Clerk:

Detailed Description of Records to be Destroyed
SEP 32-2017 - Pasadena Tournament of Roses VIP Bus Tours- Float Viewing SEP 27-2017- Wod For a Cause
SEP 26-2017 - St. Cyril of Alexandria Coptic Orthodox Church Annual Fiesta By signing above, I, as the Department Manager/Director, declare under penalty of perjury pursuant to the laws of the State of California that there are no litigation holds, pending Public Records Act requests, are not subject to SB1421 or other holds placed on the records proposed for destruction.

Calculated
Destruction Date
Box Contents Summary:

SEP 25-2017 - E-Waste Event
SEP 24-2017 - Formula Drift Pro Championship

City Box Number
Community Development-Code Enforcement
Department: If boxed, User Box ID
The City of Irwindale
Records Transfer & Disposition Form
Series Code From Date To Date
17 07-04-03 6/29/2017 7/30/2017 AC+2 9/1/2024
18 07-04-03 6/13/2017 6/23/2017 AC+2 9/1/2024
19 07-04-03 6/13/2017 10/28/2017 AC+2 9/1/2024
20 07-04-03 5/18/2017 6/10/2017 AC+2 9/1/2024
21 07-04-03 6/7/2017 6/24/2017 AC+2 9/1/2024
22 07-04-03 4/20/2017 5/21/2017 AC+2 9/1/2024
23 07-04-03 4/13/2017 4/29/2017 AC+2 9/1/2024
24 07-04-03 4/10/2017 6/4/2017 AC+2 9/1/2024
25 07-04-03 4/3/2017 5/13/2017 AC+2 9/1/2024
26 07-04-03 4/10/2017 6/10/2017 AC+2 9/1/2024
27 07-04-03 3/8/2017 5/21/2017 AC+2 9/1/2024
28 07-04-03 2/7/2017 3/5/2017 AC+2 9/1/2024
29 07-04-03 2/7/2017 3/4/2017 AC+2 9/1/2024
30 07-04-03 2/7/2017 3/12/2017 AC+2 9/1/2024
31 07-04-03 1/30/2017 3/19/2017 AC+2 9/1/2024
32 07-04-03 12/12/2016 12/31/2016 AC+2 9/1/2024
33 07-04-03 11/28/2016 12/4/2016 AC+2 9/1/2024
34 07-04-03 11/16/2016 12/10/2016 AC+2 9/1/2024
35 07-04-03 10/26/2016 11/12/2016 AC+2 9/1/2024
36 07-04-03 10/31/2016 11/12/2016 AC+2 9/1/2024
37 07-04-03 10/20/2016 10/22/2016 AC+2 9/1/2024
38 07-04-03 10/25/2016 12/11/2016 AC+2 9/1/2024
39 07-04-03 9/20/2016 10/8/2016 AC+2 9/1/2024
40 07-04-03 9/14/2016 10/29/2016 AC+2 9/1/2024
41 07-04-03 9/12/2016 9/24/2016 AC+2 9/1/2024
42 07-04-03 8/25/2016 10/2/2016 AC+2 9/1/2024
43 07-04-03 8/2/2016 8/13/2016 AC+2 9/1/2024
44 07-04-03 7/26/2016 8/6/2016 AC+2 9/1/2024
Calculated
Individual File Folder or Summary Folder Description Destruction Date Dates of Records Retention
Period
SEP 15-2016 - Truckin for Kids Truck Drags and Show n Shine SEP 14-2016 - Solo Miller 2016 Festival
SEP 13-2016 - E-Waste Event
SEP 20-2016 - United Way Car Show
SEP 19-2016 - Our Lady of Guadalupe Church Procession
SEP 18-2016 - Formula Drift Pro Championship Round 7
SEP 17-2016 - Pink Patch Project
SEP 16-2016 - 10 Year Anniversary and U.S. Veteran's Benefit Show SEP 14-2017 - Open House 2017
SEP 13-2017 - SOLOWS Car Show
SEP 04-2017 - 626 Golden Streets Event
SEP 16-2017 - LA Sunday Funday
SEP 24-2016- MillerCoors Holiday Picnic
SEP 15-2017 - Hope Starts With Us
SEP 23-2016 - Mooneyes Christmas Party
SEP 22-2016 - Baby Shower on Alice Rodriguerz Circle
SEP 21-2016 - The Ultimate Wine Run
SEP 12-2017 - Miller Solo 2017 Part 1
SEP 11-2017 - Hot VW's Drag Day
SEP 10-2017 - Color Fun Fest 5k
SEP 09-2017 - Our Lady of Guadalupe Annual Fiesta
SEP 08-2017 - E-Waste Event
SEP 07-2017 - Los Angeles Tour de Cure
SEP 05-2017 - Renaissance Pleasure Faire
SEP 03-2017 - 742 RACE.WARS L.A.

SEP 02-2017 - Hot VW's Drag Day
SEP 01-2017 - Foothill Federal Creit Union Auto Sale
SEP 25-2016- Pasadena Tournament of Roses VIP Bus Tours-Float Viewing

Confidential?
No
Series Code From Date To Date
1 07-04-03 11/30/2018 12/31/2018 AC+2 9/1/2024
2 07-04-03 SEP 20-2018 - Mooneyes XMAS Party 11/19/2018 12/8/2018 AC+2 9/1/2024 3 07-04-03 SEP 19-2018 - Our Lady of Guadalupe Procession 11/1/2018 12/9/2018 AC+2 9/1/2024 4 07-04-03 SEP 18-2018 - Formula Drift 10/2/2018 10/13/2018 AC+2 9/1/2024 5 07-04-03 SEP 17-2018 - WOD For a Cause 10/16/2018 10/27/2018 AC+2 9/1/2024 6 07-04-03 9/13/2018 9/19/2018 AC+2 9/1/2024
7 07-04-03 10/1/2018 10/21/2018 AC+2 9/1/2024
8 07-04-03 9/20/2018 10/6/2018 AC+2 9/1/2024
9 07-04-03 9/12/2018 10/14/2018 AC+2 9/1/2024
10 07-04-03 8/15/2018 9/1/2018 AC+2 9/1/2024
11 07-04-03 8/20/2018 9/22/2018 AC+2 9/1/2024
12 07-04-03 7/30/2018 9/21/2018 AC+2 9/1/2024
13 07-04-03 7/10/2018 8/8/2018 AC+2 9/1/2024
14 07-04-03 7/5/2018 10/13/2018 AC+2 9/1/2024
15 07-04-03 5/3/2018 9/28/2018 AC+2 9/1/2024
16 07-04-03 5/14/2018 6/23/2018 AC+2 9/1/2024
Date:

Date:

Date:

The City of Irwindale
Records Transfer & Disposition Form
City Clerk:

Detailed Description of Records to be Destroyed
SEP 22-2018 - Pasadena Tournament of Roses Float Viewing SEP 16-2018 - Racing Against Bullying
SEP 15-2018 - St. Cyril Church Annual Fiesta
By signing above, I, as the Department Manager/Director, declare under penalty of perjury pursuant to the laws of the State of California that there are no litigation holds, pending Public Records Act requests, are not subject to SB1421 or other holds placed on the records proposed for destruction.

Calculated
Destruction Date
Box Contents Summary:

SEP 14-2018 - Truckin for Kids Drags and Show & Shine
SEP 12-2018 - Los Angeles Tour de Cure
SEP 11-2018 - Miller Solo 2018 Conciertos Originales
Destruction Approval:

Dept. Manager / Director:

Dates of Records Retention
Period
SEP 10-2018 - Bows & Barbell Fitness
SEP 09-2018 - TITAN GAMES filming/Tio Productions
ONLY PLACE RECORDS SERIES WITH THE SAME RETENTION PERIOD IN A BOX! Place one copy of this form on top of the files in the box, forward one copy to the City Clerk's Office, and maintain a copy for your reference. The City Clerk's Office will assign the final box number and return a final copy of the form to you.

SEP 08-2018 - Superior Communications Company Picnic
SEP 07-2018 - Huy Fong Foods Annual Chili Grinding Open House SEP 06-2018 - MotoIQ "The Drift League"
SEP 05-2018 - Match Race Madness - Steve Sherman, Promoter City Attorney:

Box Destroyed On:

City Box Number
Community Development-Code Enforcement
Department: If boxed, User Box ID

The City of Irwindale
Records Transfer & Disposition Form
City Box Number
Community Development-Code Enforcement
Department: If boxed, User Box ID
Series Code From Date To Date
17 07-04-03 4/23/2018 6/2/2018 AC+2 9/1/2024
18 07-04-03 4/12/2018 6/2/2018 AC+2 9/1/2024
19 07-04-03 3/13/2018 5/20/2018 AC+2 9/1/2024
20 07-04-03 2/26/2018 3/25/2018 AC+2 9/1/2024
21 07-04-03 11/13/2018 12/15/2018 AC+2 9/1/2024
22 07-04-03 12/10/2019 12/31/2019 AC+2 9/1/2024
23 07-04-03 11/5/2019 12/7/2019 AC+2 9/1/2024
24 07-04-03 10/24/2019 11/17/2019 AC+2 9/1/2024
25 07-04-03 10/7/2019 10/19/2019 AC+2 9/1/2024
26 07-04-03 10/7/2019 10/20/2019 AC+2 9/1/2024
27 07-04-03 8/6/2019 9/7/2019 AC+2 9/1/2024
28 07-04-03 7/24/2018 9/14/2019 AC+2 9/1/2024
29 07-04-03 7/16/2019 9/21/2019 AC+2 9/1/2024
30 07-04-03 8/20/2019 9/29/2019 AC+2 9/1/2024
31 07-04-03 7/29/2019 7/24/2019 AC+2 9/1/2024
32 07-04-03 6/26/2019 9/28/2019 AC+2 9/1/2024
33 07-04-03 8/6/2019 8/31/2019 AC+2 9/1/2024
34 07-04-03 4/17/2019 5/17/2019 AC+2 9/1/2024
35 07-04-03 5/6/2019 5/25/2019 AC+2 9/1/2024
36 07-04-03 4/9/2019 6/8/2019 AC+2 9/1/2024
37 07-04-03 3/21/2019 5/19/2019 AC+2 9/1/2024
38 07-04-03 1/25/2019 6/15/2019 AC+2 9/1/2024
39 07-04-03 2/12/2019 4/28/2019 AC+2 9/1/2024
40 07-04-03 2/19/2019 4/27/2019 AC+2 9/1/2024
41 07-04-03 2/13/2019 3/10/2019 AC+2 9/1/2024
42 07-04-03 AC+2 9/1/2024
43 07-04-03 AC+2 9/1/2024
44 07-04-03 AC+2 9/1/2024
SEP 10-2019 - Steady Garage Super Friday Kickback
SEP 08-2019 - Miller Solo 2019 Concertos Originales
SEP 07-2019 - Ramona Sanchez - Baptism Block Party
SEP 21-2018 - Clean Culture Party Car Show - CANCELED
SEP 21-2019 - Tournament of Roses VIP Bus Tours
SEP 20-2019 - Our Lady of Guadalupe Procession
SEP 19-2019 - Hot VWs Drag Day
SEP 18-2019 - Formula Drift Pro Championship
SEP 17-2019 - St. Cyril Church Festival
SEP 16-2019 - SoCal Country at the Brewery
SEP 14-2019 - SoCal Trucking Truck Mayhem
SEP 13-2019 - Truckin' for Kids
SEP 12-2019 - Superior Communications/Company Picnic
SEP 11-2019 - Huy Fong Foods Annual Chili Grinding
SEP 09-2019 - Miller Solo 2019 Concertos Originales Pt. 2 SEP 03-2018 - Our Lady of Guadalupe Annual Fiesta
SEP 02-2018 - Renaissance Pleasure Faire
SEP 01-2018 - Hot VWs Drag Day
SEP 15-2019 - Bows and Barbells Fitness - CANCELED
SEP 04-2018 - Miller Solo 2018 Concertos Originales
SEP 06-2019 - Renaissance Pleasure Faire
SEP 04-2019 - MuscleKingz Car Show & Concert
SEP 05-2019 - Our Lady of Guadalupe Annual Fiesta
SEP 03-2019 - SoCal Trucking Truck Mayhem
SEP 01-2019 - Hot VWs Drag Day
Dates of Records Retention
Period
Calculated
Individual File Folder or Summary Folder Description Destruction Date

Finance Archives - Records Ready to be Destroyed
March 2024
(Total 113 Boxes to be Destroyed)
Record Series
(from Retention Schedule)
Box #
(NBN =
No Box #)
Document Description/ File Title Date/ Range
of Dates
Retention/
Destruction
Schedule
Date of
Destruction
Accounts Payable 5543 Accounts Payable Files A-B &K FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5544 Accounts Payable Files B-C (Citrus Valley) FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5545 Accounts Payable Files C-G FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5546 Accounts Payable Files H-M FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5547 Accounts Payable Files N-S (SC Fuels) FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5548 Accounts Payable Files S-SCE FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5550 Accounts Payable Files S-Z FY 2014-2015 AA+4 6/30/2019 Accounts Payable 5503B Accounts Payable Files A-Bal FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5504B Accounts Payable Files Ban-C FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5505B Accounts Payable Files D-Ir FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5506B Accounts Payable Files Ir-O FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5507B Accounts Payable Files P-So FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5508B Accounts Payable Files So-V FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5509B Accounts Payable Files V-Z FY 2015-2016 AA+4 6/30/2020 Accounts Payable 5511B Accounts Payable Files A FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5512B Accounts Payable Files B-Ch FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5513B Accounts Payable Files Ci-Gz FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5514B Accounts Payable Files G-L FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5515B Accounts Payable Files M-R FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5516B Accounts Payable Files S FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5517B Accounts Payable Files So-Z FY 2016-2017 AA+4 6/30/2021 Accounts Payable 5519B Accounts Payable Files A-Bank of West FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5520B Accounts Payable Files B& B-F FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5521B Accounts Payable Files G-L FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5522B Accounts Payable Files M-San Gabriel Newspaper FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5523B Accounts Payable Files Sakaue, Masataka-Southern California FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5524B Accounts Payable Files T-Z FY 2017-2018 AA+4 6/30/2022 Accounts Payable 5526B Accounts Payable Files A-Balloons n' More FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5527B Accounts Payable Files Ba-Ch FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5528B Accounts Payable Files Ga-Gz FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5529B Accounts Payable Files Ga-Lincoln Aquatics FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5530B Accounts Payable Files Lo-Q FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5531B Accounts Payable Files R-Valley County Water FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5532B Accounts Payable Files Southern California Edison FY 2018-2019 AA+4 6/30/2023 Accounts Payable 5533B Accounts Payable Files Va-Z FY 2018-2019 AA+4 6/30/2023 Accounts Payable NBN 1 Travel Files/General Files FY 2001-2002 AR Accounts Payable NBN 2 Travel Files/General Files FY 2002-2003 AR Accounts Payable NBN 3 Travel Files/General Files (CM/Council) FY 2004-2007 AR Accounts Payable 5926 Travel Files/General Files 2002-2006 AR Accounts Payable 5552 Purchase Orders FY 2014-2015 AFP+4 6/30/2019 Accounts Payable 5510B Purchase Orders FY 2015-2016 AFP+4 6/30/2020 Accounts Payable 5518B Purchase Orders FY 2016-2017 AFP+4 6/30/2021 Accounts Payable 5525B Purchase Orders FY 2017-2018 AFP +4 6/30/2022 Accounts Payable 5534B Purchase Orders A-Z FY 2018-2019 AFP +4 6/30/2023 Accounts Receivable 5501B Deposits FY 2015-2016 AA+4 6/30/2020 Accounts Receivable 5462 Cash Receipts FY 2014-2015 AA+4 6/30/2019 Accounts Receivable 5464 Cash Receipts FY 2015-2016 AA+4 6/30/2020 Accounts Receivable 5465 Cash Receipts FY 2014-2015 AA+4 6/30/2019 Accounts Receivable 5466 Cash Receipts FY 2016-2017 AA+4 6/30/2021 Accounts Receivable 5467 Cash Receipts FY 2015-2016 AA+4 6/30/2020 Accounts Receivable 5468 Accounts Receivable FY 2016-2017 AA+4 6/30/2021 Accounts Receivable 5469 Accounts Receivable FY 2017-2018 AA+4 6/30/2022 Accounts Receivable 5470 Cash Receipts FY 2017-2018 AA+4 6/30/2022 Accounts Receivable 5471 Cash Receipts FY 2018-2019 AA+4 6/30/2023 Accounts Receivable 5474 Accounts Receivable FY 2018-2019 AA+4 6/30/2023 Agendas NBN 4 Agendas FY 1994-1995
Auditing 6016 Journal Entries & Year-End Files FY 2007-2008 AA+2 6/30/2018 Auditing 6601 Year-End Files FY 2009-2010 FY 2009-2010 AA+1 6/30/2011 Auditing 6602 Year-End Files FY 2010-2011 FY 2010-2011 AA+1 6/30/2012 Auditing 6603 Year-End Files FY 2011-2013 FY 2011-2013 AA+1 6/30/2014 Auditing 6604 Year-End Files FY 2013-2014 FY 2013-2014 AA+1 6/30/2015 Auditing 6605 Year-End Files FY 2014-2015 FY 2014-2015 AA+1 6/30/2016 Auditing 6606 Year-End Files FY 2015-2016 FY 2015-2016 AA+1 6/30/2017 Auditing 6607 Year-End Files FY 2016-2017 FY 2016-2017 AA+1 6/30/2018 Auditing 6608 Year-End Files FY 2017-2018 FY 2017-2018 AA+1 6/30/2019 Auditing 6609 Year-End Files FY 2018-2019 FY 2018-2019 AA+1 6/30/2020 Banking & Investing NBN 5 Bank Reconciliations 1970s AA+5 6/30/1980 Banking & Investing 5216 Payroll Bank Reconciliations FY 2008-2014 AA+5 6/30/2019 Banking & Investing 5219 Bank Reconciliations FY 2013-2014 AA+5 6/30/2019 Banking & Investing 5220 Bank Reconciliations FY 2014-2015 AA+5 6/30/2020 Banking & Investing 5221 Bank Reconciliations FY 2015-2016 AA+5 6/30/2021 Banking & Investing 5222 Bank Reconciliations FY 2015-2016 AA+5 6/30/2021 Banking & Investing 5223 Bank Reconciliations FY 2016-2017 AA+5 6/30/2022 Banking & Investing 5224 Payroll Bank Reconciliations FY 2016-2017 AA+5 6/30/2022 Banking & Investing 5225 Bank Reconciliations FY 2017-2018 AA+5 6/30/2023 Banking & Investing 5226 Payroll Bank Reconciliations FY 2017-2018 AA+5 6/30/2023 Banking & Investing 5300 Treasurer's Reports/Investment Reports/LAIF Statements FY 2008-2015 CY+2 6/30/2017 Budgeting 6408 Budget preparation files FY 2007-2008 AA+4 6/30/2012 Budgeting 6410 Budget preparation files FY 2009-2010 AA+4 6/30/2014 Budgeting 6412 Budget preparation files FY 2014-2016 AA+4 6/30/2020 Budgeting 6413 Budget preparation files FY 2016-2019 AA+4 6/30/2023 Budgeting 5643 Budget Adjustments FY 2006-2011 AA+4 6/30/2015 Budgeting 5644 Budget Binders/Workpapers-Finance FY 2011-2013 AA+4 6/30/2017 Budgeting 5645 Budget Binders/Workpapers-Finance FY 2013-2015 AA+4 6/30/2019 Debt Financing 5103 1987 Irwindale Capital Improvement Revenue Bds & Coorespondece FY 1979-1987 AFP+10 6/30/1997 Debt Financing NBN 6 Trustee Statements (Bonds) FY 1998 AFP+10 6/30/2008 Debt Financing 5718 General Correspondence FY 1992-2002 AR 6/30/2022 Debt Financing 5910 1996 Sr Ln Tax Allocation bond & CFD #1 FY 1996 AFP+10 6/30/2006 Debt Financing NBN 7 Trustee Statements FY 1985-1992 AFP+10 6/30/2002 Financial Reporting 5930 HDL Property Tax Reports FY 1993-2003 AA+5 6/30/2008 Financial Reporting 5931 HDL Property Tax Reports FY 2003-2014 AA+5 6/30/2019 Fixed Assets 5630 Fixed Assets & CIP FY 1986-1997 FY 1986-1997 AA+4 6/30/2001 C:\Users\lnieto\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\BXOM2YAK\Records Destruction List - March 2024 Page 1

Record Series
(from Retention Schedule)
Box #
(NBN =
No Box #)
Document Description/ File Title Date/ Range
of Dates
Retention/
Destruction
Schedule
Date of
Destruction
Fixed Assets 5526 Fixed Assets FY 96/97 - 99/00, FY 00/01 & FY 01/02 FY 1996-2002 AA+4 6/30/2006 Fixed Assets 5570A Infrastructure & Capital Improvement Projects FY 2006-2007 AA+4 6/30/2011 Fixed Assets 5599A Fixed Assets FY 04/05 - FY 12/13 FY 2012-2013 AA+4 6/30/2018 General Accounting Group NBN 8 General Information & Administration (Tow RFPs) FY 2001-2008 AR General Accounting Group 30 General Information & Administration (Actual Revenues, Aid to Cities, etc.) FY 1967-1993 AA+4 General Accounting Group 5932 General Information & Administration (Tow RFPs) FY 1999-2011 AR General Accounting Group 5933 General Information & Administration (Tow RFPs) FY 2011-2016 AR Payroll 6173 Timesheets FY 2012 AA+6 6/30/2018
Payroll 6174 Timesheets FY 2012 AA+6 6/30/2018
Payroll 6175 Timesheets FY 2013 AA+6 6/30/2019
Payroll 6176 Timesheets FY 2013 AA+6 6/30/2019
Payroll 6177 Timesheets FY 2013 AA+6 6/30/2019
Payroll 6178 Timesheets FY 2014 AA+6 6/30/2020
Payroll 6179 Timesheets FY 2014 AA+6 6/30/2020
Payroll 6180 Timesheets FY 2014 AA+6 6/30/2020
Payroll 6181 Timsheets FY 2015 AA+6 6/30/2021
Payroll 6182 Timesheets FY 2015 AA+6 6/30/2021
Payroll 6183 Timesheets FY 2015 AA+6 6/30/2021
Payroll 6184 Timesheets FY 2016 AA+6 6/30/2022
Payroll 6185 Timesheets FY 2016 AA+6 6/30/2022
Payroll 6186 Timesheets FY 2016 AA+6 6/30/2022
C:\Users\lnieto\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\BXOM2YAK\Records Destruction List - March 2024 Page 2

Confidential?
No
Series Code From Date To Date
1 10-01-03 2002 2007 CY+2 2009
2 10-01-03 2005 2008 CY+2 2010
3 10-01-03 2006 2008 CY+2 2010
4 10-01-03 2006 2006 CY+2 2008
5 10-01-03 2006 2008 CY+2 2010
6 10-01-03 2006 2007 CY+2 2009
7 10-01-03 2006 2007 CY+2 2009
8 10-01-03 2006 2006 CY+2 2008
9 10-01-03 2007 2007 CY+2 2009
10 10-01-03 2006 2007 CY+2 2009
11 10-01-03 2006 2007 CY+2 2009
12 10-01-03 2008 2008 CY+2 2010
13 10-01-03 2005 2005 CY+2 2007
14 10-01-03 2008 2008 CY+2 2010
15 10-01-03 2008 2008 CY+2 2010
16 10-01-03 2008 2008 CY+2 2010
Date:

Date:

Date:

Box Destroyed On:

City Clerk:

City Attorney:

ONLY PLACE RECORDS SERIES WITH THE SAME RETENTION PERIOD IN A BOX! Place one copy of this form on top of the files in the box, forward one copy to the City Clerk's Office, and maintain a copy for your reference. The City Clerk's Office will assign the final box number and return a final copy of the form to you.

Destruction Approval:

Dept. Manager / Director:

By signing above, I, as the Department Manager/Director, declare under penalty of perjury pursuant to the laws of the State of California that there are no litigation holds, pending Public Records Act requests, are not subject to SB1421 or other holds placed on the records proposed for destruction.

Youth Sports: Lil Dunkers & Youth Basketball Roster
Youth Sports: Irwindale Youth Football and Munchkin Football Coaches Memo Youth Sports: Flag Football & Cheer Commitment Fee List Youth Sports: Flag Football Team Rosters, Sign-in Sheets Youth Sports: Irwindale Warriors, Bruins, Chargers, & Spartans Roster Youth Sports: Flag Football Game Schedule, Player Roster Adult Sports Programs: Baseball League, Softball League, Tournament, Coed Softball League - Sign-in Sheets, Rosters, Incident Reports, Receipts, Check Copies, Schedules, etc.

Youth Sports: Munchkin Football Registration Forms, Letters, Snack Bar Schedu Youth Sports: Cheer Class Sign-in Sheet, Registration & Banquet Forms Youth Sports: Flag Football Call Sheets, Team Roster, Banquet Forms, Volunteer List
Youth Sports: City of Duarte Flag Football Tournament Information Youth Sports: Cheer Competition Registration Forms, Waivers, Information Box Contents Summary:

Dates of Records
Adult Sports Programs: S.C.M.A.F. Football Tournament Agendas, Minutes, Waivers, Rosters, Game Schedules
Youth Sports: Banquet Permission Slips, Evaluation Forms, Cash Receipts Youth Sports: Peter Piper Fundraiser Paperwork
Youth Sports: Basketball & Cheer Banquet Participant Certificates , Rosters, Tournament Packages
Retention
Period
Calculated
Detailed Description of Records to be Destroyed Destruction Date The City of Irwindale
Records Transfer & Disposition Form
Department: If boxed, User Box ID City Box Number
Irwindale Recreation Multiple Boxes N/A

Series Code From Date To Date
17 10-01-03 2001 2001 CY+2 2003
18 10-01-03 2006 2006 CY+2 2008
19 10-01-03 2008 2008 CY+2 2010
20 10-01-03 2009 2009 CY+2 2011
21 10-01-03 1997 2004 CY+2 2006
22 10-01-03 2003
2006
2003
2007
CY+2 2009
23 10-01-03 1996 2001 CY+2 2003
24 10-01-03 2007 2007 CY+2 2009
25 10-01-03 2007 2007 CY+2 2009
26 10-01-03 2005 2008 CY+2 2010
27 10-01-03 2005 2006 CY+2 2008
28 10-01-03 2006 2006 CY+2 2008
29 10-01-11 2006 2006 CY+2 2008
30 10-01-11 2005 2005 CY+2 2007
31 10-01-11 2004 2007 CY+2 2009
32 10-01-03 2000 2007 CY+2 2009
33 10-01-03 2003
2014
2009
2014
CY+2 2016
34 10-01-03 2002 2009 CY+2 2011
35 10-01-11 2006 2006 CY+2 2008
36 10-01-11 2009 2009 CY+2 2011
37 10-01-11 2004
2009
2004
2009
CY+2 2011
38 10-01-11 2005 2005 CY+2 2007
39 10-01-11 2006 2006 CY+2 2008
40 10-01-11 2005 2005 CY+2 2007
41 10-01-11 2008 2008 CY+2 2010
42 10-01-11 2005 2006 CY+2 2008
43 10-01-11 2004 2004 CY+2 2006
Youth Trips: Adventure City Group Reservations & Receipts Youth Trips: Chuck E. Cheese’s Receipt/Check Copy/Confirmation Youth Trips: Day Camp Folder - Forms, Registration, Waivers Youth Trips: Day Camp Cosmic Bowling Flyer
Youth Trips: Disney on Ice Field Trip Registration Forms Youth Trips: Universal Studios Ticket Confirmation, Forms, Registration, Waivers
Youth Trips: LA Zoo Ticket Order Form/Receipt
Youth Trips: Kidspace Children’s Museum Visit Confirmation, Registration Youth Trips: Raging Waters Forms, Waivers, Registration Youth Trips: Knott’s Merry Farm Trip Registration Forms Youth Trips: Walt Disney Parks Cost Breakdown for Trip
Youth Trips: Summer Day Camp Forms, Flyers, Letters, 3-Strike Policy, Attendance Records
Youth Programs: Tiny Tot Registration Forms, Receipts, Invoices, Purchase Requisitions, Letters, School Supplies Package, Flyers, Incident Reports Youth Programs: KidZone After School Program Forms, Waivers, Tutoring Sheet, Leaving/Returning Forms, Sign-in/out Sheets, Contact Information, Staff Weekly Schedule, Extended Care Health Information, Disciplinary Forms, Pickup Policy, Registration, Medical Information Forms, Contract Agreements, Incident Reports
Youth Programs: Holidays, Birthdays, Monthly Programs
Youth Sports: Ballet Folklorico Roster, Sign-in Sheets, Receipts, Invoices, Purchase Orders, Contracts, etc.

Youth Sports: Volleyball Registration Forms
Youth Sports: American Youth Football Forms, Flyers, Registration Youth Programs/Trips: Build a Bear Party Guest List, Receipts Youth Programs/Trips: Kidspace Children’s Museum Reservation Proposals, Flyers, Registration
Youth Programs/Trips: Winter Day Camp Trip Registration Forms Youth Sports: Flag Football League Forms, Roster
Youth Sports: Irwindale Basketball Forms, Roster
Youth Sports: Competition Cheer Uniform Package Form, Paid Fees, Uniform Sizes, Budget Worksheet, Fundraiser Flyer, Fundraisers Sign-up Sheet Youth Sports: Irwindale Cheer Competition Dates, Irwindale Cheer Earth Day Fundraiser Volunteer Sign-up List
Youth Sports: Drill Team Roster, Sign-in Sheets, Receipts, Invoices Youth Sports: Whiffle Ball Flyer, T-ball Flyer Forms, Rosters Individual File Folder or Summary Folder Description
Dates of Records Retention
Period
Calculated
Destruction Date

Series Code From Date To Date
45 10-01-11 2003 2003 CY+2 2005
46 10-01-11 2006 2007 CY+2 2009
47 10-01-11 2007 2007 CY+2 2009
48 10-01-11 2006 2006 CY+2 2008
49 10-01-11 2004 2004 CY+2 2006
50 10-01-11 2004 2004 CY+2 2006
51 10-01-11 2004 2004 CY+2 2006
52 10-01-11 2005 2006 CY+2 2008
53 10-01-11 2004 2004 CY+2 2006
54 10-01-04 2003 2006 CY+2 2008
55 10-01-04 2002 2002 CY+2 2004
56 10-01-04 2002
2006
2002
2007
CY+2 2004
57 10-01-04 2003
2007
2004
2007
CY+2 2009
58 10-01-04 2000 2001 CY+2 2003
59 10-01-04 2007 2007 CY+2 2009
60 10-01-04 2007 2007 CY+2 2009
61 10-01-04 2006 2007 CY+2 2009
62 10-01-04 2006 2007 CY+2 2009
63 10-01-04 2007 2007 CY+2 2009
64 10-01-04 1996 2002 CY+2 2004
65 10-02-04 2007 2007 CY+2 2009
66 10-01-04 2002 2002 CY+2 2004
67 10-01-19 2002
2015
2009
2015
CY+2 2017
68 10-01-19 2005 2006 CY+2 2008
69 10-01-11 2005 2007 CY+2 2009
70 10-01-03 2006 2008 CY+2 2010
71 10-01-03 1997
2001
1998
2004
CY+2 2006
72 10-01-03 2007 2008 CY+2 2010
73 10-01-03 2008 2008 CY+2 2010
74 10-01-03 2008 2008 CY+2 2010
75 10-01-03 2005 2005 CY+2 2007
76 10-01-03 2006 2006 CY+2 2008
77 10-01-03 2000 2000 CY+2 2003
Youth Classes: Swimming Lessons Flyer, Registration, Waivers Youth Classes: Pumpkin Carving Contest Flyer, Registration, Waivers Youth Classes: Computer Class Flyers, Registration, Waivers Youth Classes: Baby Ballet/Ballet/Jazz/Tap Flyer, Registration, Waivers Youth Classes: Arts & Crafts Purchase Orders, Invoices, Receipts, Rosters, Sign-in Sheets, etc.

Youth Transportation: Bus Pass Registration Forms, Information Packet, Bus Rider List, Bell Schedule, Reminder Information
Youth Transportation: Las Palmas Bus Riders
Irwindale Teen Club: Club Event List
Youth Classes: Volleyball Flyer, Registration, Waivers
Irwindale Teen Club: Halloween Haunt
Irwindale Teen Club: Teen Choice Awards
Irwindale Teen Club: Knott's Berry Farm Flyers, Registration, Waivers Irwindale Teen Club: Meeting Schedule, Birthday Flyers, Activity Night Flyers, Elections
Irwindale Teen Club: Members & Address List, Board
Irwindale Teen Club: Agenda, Summer Fun Flyer
Irwindale Teen Club: Pot Luck Sign-up Sheet
Irwindale Teen Club: Event Sign-in Sheet
Youth Classes: Let's Make Music Flyer, Registration, Waivers Calculated
Individual File Folder or Summary Folder Description Destruction Date Youth Trips: Catalina Island Trip Flyer, Registration, Waivers Youth Classes: Class Sign-in Sheets
Youth Classes: Instructor Sign-in Sheets
Youth Classes: Tumbling Class Flyer, Registration, Waivers Youth Trips: Disneyland Forms, Registration, Waivers
Youth Trips: Boomers & Cosmic Golf Registration, Waivers Youth Trips: Universal Studios Registration, Waivers
Youth Trips: California Adventures Registration, Waivers Youth Trips: Movies Registration, Waivers
Youth Trips: Downtown Disney Registration, Waivers
Youth Trips: Knott's Berry Farm Registration, Waivers
Youth Trips: Speedzone Registration, Waivers
Youth Classes: Hawaiian Dance Class Flyers, Registration, Waivers Youth Classes: Children’s Arts & Crafts Registration
Youth Classes: Tap/Ballet Flyer, Registration, Waivers
Dates of Records Retention
Period

Series Code From Date To Date
78 10-01-03 2008 2008 CY+2 2010
79 10-01-11 2009 2009 CY+2 2011
80 10-01-11 2006 2007 CY+2 2009
81 10-01-11 2004 2004 CY+2 2006
82 10-01-11 2006 2006 CY+2 2008
83 10-01-11 2007 2007 CY+2 2009
84 10-01-03 2000 2000 CY+2 2003
85 10-01-11 2004 2007 CY+2 2009
86 10-01-11 2006 2006 CY+2 2008
87 10-01-11 2006 2006 CY+2 2008
88 10-01-11 2003 2003 CY+2 2005
89 10-01-11 2005 2007 CY+2 2009
90 10-01-11 2006 2006 CY+2 2008
91 10-01-11 2006 2007 CY+2 2009
92 10-01-11 2005 2005 CY+2 2007
93 10-01-11 2005 2005 CY+2 2007
94 10-01-11 2007 2007 CY+2 2009
95 10-01-11 2006 2006 CY+2 2008
96 10-01-11 2004 2004 CY+2 2006
97 10-01-11 2005 2005 CY+2 2007
98 10-01-11 2002 2002 CY+2 2004
99 10-01-11 2006 2006 CY+2 2008
100 10-01-11 2002 2002 CY+2 2004
101 10-01-11 2006 2006 CY+2 2008
102 10-01-11 2006 2006 CY+2 2008
103 10-01-04 2007 2007 CY+2 2009
104 10-01-04 2007 2007 CY+2 2009
105 10-01-04 2001 2003 CY+2 2005
106 10-01-04 2006 2006 CY+2 2009
107 10-01-04 2003 2006 CY+2 2004
108 10-01-04 2002 2002 CY+2 2004
109 10-01-04 2004 2004 CY+2 2006
Adult/Family Trips: Culture Clash at the Ford Amphitheater Flyer, Registration, Waivers
Adult/Family Trips: Movieland Wax Museum Flyer, Registration, Waivers Adult/Family Trips: City Walk Flyer, Registration, Waivers Adult Classes: Bootcamp Flyer, Registration, Waivers
Adult/Family Trips: UCLA vs. USC Football Game Registration Forms Adult/Family Trips: LA Harbor Sportfishing Charter Contract Adult/Family Trips: LA Country Fair Flyer, Registration, Waivers Adult/Family Trips: San Juan Capistrano Flyer, Registration, Waivers Adult/Family Trips: Polynesian Spectacular Flyer, Registration, Waivers Adult/Family Trips: Deep Sea Fishing Trip Flyer, Registration, Waivers Adult/Family Trips: Wicked Flyer, Registration, Waivers Adult Classes: Knitting, Crocheting & Embroidery Flyer, Registration Adult/Family Trips: Beach Trip Registration Forms, Waivers Adult/Family Trips: Overnight Camping Trip Registration Form Adult Classes: Instructor Sign-in Sheet
Adult/Family Trips: Pirates Dinner Adventure Flyer, Registration, Waivers Adult Classes: Birthday Dinner Flyer, Registration, Waivers Adult Classes: Spanish Lessons Flyer, Registration, Waivers Adult Classes: Class Sign-in Sheets
Adult Classes: Weight Room Towel Sign-in Sheet
Adult Classes: Fitness Center Sign-in Sheet
Adult/Family Trips: The Original Joey and Maria's Comedy Wedding Flyer, Registration, Waivers
Adult/Family Trips: Angeles vs. Yankees Flyer, Registration, Waivers Adult/Family Trips: Grease "Its Still the Word" Flyer, Registration, Waivers Adult/Family Trips: Price is Right Flyer, Registration, Waivers Dates of Records Retention
Period
Calculated
Individual File Folder or Summary Folder Description Destruction Date Irwindale Teen Club: Knott's Scary Farm Trip
Irwindale Teen Club: Receipts
Irwindale Teen Club: Teen Summit Registration Form
Irwindale Teen Club: City Walk Trip
Irwindale Teen Club: City Walk Trip
Irwindale Teen Club: Raging Waters Teen Trip Flyer
Irwindale Teen Club: Disney Trip

Series Code From Date To Date
110 10-01-04 2004 2004 CY+2 2006
111 10-02-04 2006 2007 CY+2 2009
112 10-01-04 2005 2007 CY+2 2009
113 10-01-04 2005 2006 CY+2 2008
114 10-01-04 2005 2007 CY+2 2009
115 10-01-04 2006 2007 CY+2 2009
116 10-01-04 2001 2001 CY+2 2003
117 10-01-04 2007 2007 CY+2 2009
118 10-01-04 2001 2001 CY+2 2003
119 10-01-04 2002 2002 CY+2 2004
120 10-01-04 1999 1999 CY+2 2001
121 10-01-04 2000
2005
2001
2005
CY+2
2007
122 10-01-07 2004 2005 AC+7 2012
123 10-01-15 1998
2015
2008
2015
AC+5 2020
124 10-01-12 2006 2006 CY+2 2008
125 10-01-12 2001 2008 CY+2 2010
126 10-01-12 2006 2006 CY+2 2008
127 10-01-12 2006 2006 CY+2 2008
128 10-01-12 2009 2009 CY+2 2011
129 10-01-12 2004 2004 CY+2 2006
130 10-01-12 2003
2005
2003
2005
CY+2 2005
131 10-01-12 1996 2001 CY+2 2003
132 10-01-12 1991 2002 CY+2 2004
133 10-01-12 1991 2002 CY+2 2004
134 10-01-12 1997 1997 CY+2 1999
135 10-01-12 2007 2007 CY+2 2009
136 10-01-12 2007 2007 CY+2 2009
137 10-01-12 1996 1999 CY+2 2001
138 10-01-12 1999 1999 CY+2 2001
139 10-01-12 1999 1999 CY+2 2001
140 10-01-12 1999 2000 CY+2 2002
Facility Rental Agreements
Adult Classes: Tole Painting Registration, Waivers
Adult Classes: Cake Decorating Class Registration, Waivers Incident Reports
Adult Classes: Hip Hop Dance Registration, Waivers
Fitness Center Sign in/out Sheets
Special Events: Music in the Park Purchase Orders, Receipts, Invoices, Flyers, B d/V d C t t C t t Ph t i d Ch k I t Special Events: Concert Share Vendor/Band Contact List Special Events: Concert Share Agency Contact List
Special Events: Concert Share Folder
Adult Classes: Cardio Kick Flyer, Registration, Waivers Adult Classes: Hawaiian Dance Flyer, Registration, Waivers Adult Classes: Yoga Flyer, Registration, Waivers
Adult Classes: Physical Conditioning Flyer, Registration, Waivers Adult Classes: Step Aerobics Flyer, Registration, Waivers Adult Classes: Cardio Dance Registration, Waivers
Special Events: Eggstravaganza Purchase Orders, Receipts, Invoices, O i Fl & C t t
Special Events: Event Sign-in Sheet
Special Events: Arts & Crafts Vendors for Christmas Program Forms Special Events: Halloween Carnival Purchase Orders, Receipts, Invoices, Flyers, Contracts, Insurance, etc.

Special Events: 4th of July Purchase Orders, Receipts, Invoices, Flyers, Band/Vendor/Fireworks Contracts, Insurance, Vendor Applications, Health Department Permits, Letters, Faxes, Rental Agreements, etc.

Special Events: Mexican Independence Day Fiesta Purchase Orders, Receipts, Invoices, Flyers, Mariachi/Vendor Contracts, Insurance Vendor Applications, Health Department Permits, Letters, Faxes, Rental Agreements, etc.

Special Events: City of Irwindale 40th Anniversary Parade/Car Show Logistics, Letters, Agreements
Special Events: City of Irwindale 50th Anniversary Parade/Car Show Entries, Pur Special Events: Earth Day Celebration Logistics
Special Events: Christmas Program Logistics
Special Events: Easter Program Logistics
Special Events: Talent Show Logistics
Special Events: Toys for the Children & Car Show Logistics Dates of Records Retention
Period
Calculated
Individual File Folder or Summary Folder Description Destruction Date Adult Classes: Intermediate Step Aerobics Flyer, Registration, Waivers Adult Classes: Aqua Fitness Flyer, Registration, Waivers

Series Code From Date To Date
141 10-01-12 2007 2007 CY+2 2009
142 10-01-03 2001 2007
143 10-01-01 1997 2007 AR 2008
144 10-01-01 1997
2006
2001 2006 AR 2007
Special Events: Veterans Day Ceremony
Dates of Records Retention
Period
Calculated
Individual File Folder or Summary Folder Description Destruction Date Fitness Center System Information
Summer Lunch Program: Agreements, District Information, Letters, Claims, Training, Evaluation, Confirmation, Flyers, Approval Package, Reimbursement, Application, Invoices, Meal Count Forms, Daily Meal County Forms, Delivery Forms
Correspondence: Various Invoices, Receipts, Letters, Memos, etc.

01005.0001/948262.1 Joint Resolution No. 2024-03-3480
Resolution No. SA 2024-04-3481
Resolution No. HA 2024-01-139
Resolution No. RA 2024-01-040

JOINT RESOLUTION NO. 2024-03-3480
RESOLUTION NO. SA 2024-04-3481
RESOLUTION NO. HA 2024-01-139
RESOLUTION NO. RA 2024-01-040

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

BOARD OF THE SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, BOARD OF THE IRWINDALE HOUSING AUTHORITY ,

AND BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING A

CITYWIDE RECORDS RETENTION SCHEDULE AND RESCINDING RESOLUTION NO. 2005-35-2052 AND JOINT RESOLUTION NO. 2007-08-3184 AND CRA 2007-06- 484
WHEREAS, the City of Irwindale and its agencies have an obligation to maintain and store records in accordance with government laws and regulations and accepted records management practices; and
WHEREAS, a records retention schedule is an agency’s legal authority to dispose of official records that no longer have administrative, legal, fiscal or historical value and are eligible for destruction by law; and
WHEREAS, the City of Irwindale continues to store a large volume of records, both in paper copy and electronically, due to the fact that the current retention schedules do not identify all the types of records created and maintained by the City and its agencies; and
WHEREAS, on June 7, 2005 the City Council adopted a records retention schedule by Resolution No. 2005-35-2052 and on May 9, 2007 the City Council and former Community Redevelopment Agency adopted Joint Resolution No. 2007-08-2194 and CRA 2007-06-484; and
WHEREAS, the City conducts periodic reviews of the Records Retention Schedules to ensure their accuracy as well as compliance with applicable regulations; and
WHEREAS, City staff engaged Records Control Services, Inc. to prepare an updated, single Records Retention Schedule which would apply to all Irwindale agencies; and

Joint Resolution No. 2024-03-3480
Resolution No. SA 2024-04-3481
Resolution No. HA 2024-01-139
Resolution No. RA 2024-01-040

WHEREAS, Government Code Section 34090 provides a procedure whereby City records which have served their purpose and are no longer required may be destroyed with the approval by resolution of the legislative body; and WHEREAS, through the joint adoption of this Resolution, the City Council of the City of Irwindale, Board of the Successor Agency to the Irwindale Community Redevelopment Agency, Board of the Irwindale Housing Authority, and Board of the Irwindale Reclamation Authority desire to adopt a comprehensive Records Retention Schedule which sets forth the records retention and destruction requirements for each respective agency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

BOARD OF THE SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, BOARD OF THE IRWINDALE HOUSING

AUTHORITY, AND BOARD OF THE IRWINDALE RECLAMATION AUTHORITY DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council, Board of the Successor Agency, Board of the Housing Authority, and Board of the Reclamation Authority find the above recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council, Board of the Successor Agency, Board of the Housing Authority, and Board of the Reclamation Authority hereby approve and adopt the new Records Retention Schedule, Exhibit A, which is attached hereto and incorporated herein by this reference.

SECTION 3. The adoption of the Records Retention Schedule as set forth in Exhibit A is intended to replace and supersede all prior adopted schedules. The City Council hereby rescinds Resolution No. 2005-35-2052 and Joint Resolution No. 2007-08- 3194 in their entirety. The Board of the Successor Agency to the Community Redevelopment Agency hereby rescinds Joint Resolution CRA 2007-06-484 in its entirety. Rescinding these resolutions shall have no effect on records destruction determinations or other decisions made pursuant to the Records Retention Schedules approved by said resolutions prior to their recission.

SECTION 4. The Chief Deputy City Clerk/Chief Authority Assistant Secretary shall attest to the adoption of this resolution, which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this _____ day of January 2024.

01005.0001/948262.1 Joint Resolution No. 2024-03-3480
Resolution No. SA 2024-04-3481
Resolution No. HA 2024-01-139
Resolution No. RA 2024-01-040

_______________________________
Albert F. Ambriz, Mayor/Chair
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk / Chief Authority Assistant Secretary

Joint Resolution No. 2024-03-3480
Resolution No. SA 2024-04-3481
Resolution No. HA 2024-01-139
Resolution No. RA 2024-01-040

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Joint Resolution No. 2024-03-3480, Resolution No. SA 202-04-3481, Resolution No. HA 2024-01-139 and Resolution No. RA 2024-01-040 as duly adopted by the City Council of the City of Irwindale, the Successor Agency Board, Housing Authority and Reclamation Authority at a regular meeting held on the _____day of January 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk / Chief Authority
Assistant Secretary

Item #20.D.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Resolution and Memorandum of Agreement Between the Cities of Irwindale and Covina to Allow the Sharing of Dispatcher Services
City Manager's Recommendation:

Staff recommends that the City Council approve Resolution 2024-75-3552, authorizing the City Manager to enter into a reciprocal agreement between the Cities of Irwindale and Covina for the sharing of Police Dispatcher personnel, subject to final approval as to form by the City Attorney's Office
Administrative Action:

Submitted / Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Providing around-the-clock emergency dispatching services to the community is essential and requires

highly trained personnel to do the job. ln instances where staffing levels fall short due to vacations, sick callouts and training, it is imperative that personnel with the proper dispatching experience be placed in the dispatch positions to provide quality service to the community and emergency personnel. ln an effort to have a system in place where dispatch personnel can be shared between agencies, the Police Chiefs of Irwindale and Covina have discussed, and recommend, the creation of a formal agreement between the cities whereby each police department may share personnel with the other by means of a reciprocal MOA.

Personnel from Irwindale and Covina share the same records management and computer aided dispatch system, enabling dispatchers from both departments to work at either location. Allowing dispatchers from either police department to work at the other, on an asneeded basis, will ease the burden of dispatchers having to work mandatory overtime, reduce stress levels, and help improve morale.

Staff recommends that the City Council approve Resolution No. 2024-75-3552, authorizing the City Manager to enter into a reciprocal agreement between the Cities of Irwindale and Covina for emergency dispatch personnel.

Fiscal Impact:

The current salary schedule lists the Police Dispatcher/Clerk position’s hourly rate for Step E at $34.95, and the newly negotiated labor contract increases that amount to $36.69 - $39.50 (for the three (3) year term of the new contract.) The overtime rate for that same period will range from $55.04 - $59.25.

The Fiscal Year 2024-2025 Adopted Budget includes funding for three (3) full-time (2080 hours) vacant Police Dispatcher/Clerk positions.

This agreement allows each city to be reimbursed at a rate of $58.50 per hour for a maximum amount not-to-exceed $30,000, which in essence means a maximum of 512 hours, from the date of execution till January 1, 2026. Sufficient funding is available in the current budget to cover this amount for when the service is requested.

Attachments:

1. Memorandum of Agreement

2. RESOLUTION NO 2024-75-3552 approving IRW-Covina Dispatcher MOU(1010409.1)

AGREEMENT

FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
Parties: City of Irwindale and City of Covina
This Agreement for supplemental Law Enforcement services ("Agreement"), entered into this ________ day of _________, 2024 ("Execution Date"), by and between the City of Irwindale,
a California municipal corporation ("Irwindale") and the City of Covina, a California municipal corporation ("Covina"), is made with reference to the following:

RECITALS
WHEREAS, Irwindale is desirous of contracting with Covina for the performance of supplemental law enforcement functions relating to police dispatching services ("Police Dispatch”), this agreement is reciprocating; and
WHEREAS, Covina is desirous of contracting with Irwindale for the performance of supplemental law enforcement functions relating to police dispatching services ("Police Dispatch"), and
WHEREAS, Irwindale is agreeable to rendering such services on the terms and conditions set forth in this Agreement, and
WHEREAS, Covina is agreeable to rendering such services on the terms and conditions set forth in this Agreement,
NOW THEREFORE, in consideration of mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:

1. Term.

This Agreement shall have a term ("Term") that begins on the Execution Date and shall remain in effect through January 1, 2026, unless sooner terminated or extended in whole or in part as provided herein.

2. Scope of Services.

2.1 Covina agrees, through its Police Department, to provide supplemental law enforcement services to Irwindale for Police Dispatch as requested by Irwindale. The amount of supplemental law enforcement services provided by Covina to Irwindale shall be subject to availability as determined by Covina in its sole and absolute discretion.

Irwindale acknowledges, understands and agrees that Covina may decline to provide supplemental law enforcement services for Police Dispatch based on such determinations of availability. Irwindale shall notify Covina of its anticipated supplemental law enforcement needs for Police Dispatch at least twenty-four (24) hours prior to the date of the Police Dispatch need. Thereafter, Covina will notify Irwindale indicating the amount of supplemental law enforcement services Covina will provide for Police Dispatch along with any other parameters established by the Covina Chief of Police.

Covina shall be under no obligation to consider requests for services that have not been requested by Irwindale in a timely manner. Notices provided by Irwindale indicating the type and amount of supplemental

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

services that will be provided by Covina for Police Dispatch must be authorized by the Chief of Police in order to be valid and binding on Covina.

2.1a Irwindale agrees, through its Police Department, to provide supplemental law enforcement services to Covina for Police Dispatch as requested by Covina. The amount and of supplemental law enforcement services provided by Irwindale to Covina shall be subject to availability as determined by Irwindale in its sole and absolute discretion. Covina acknowledges, understands and agrees that Irwindale may decline to provide supplemental law enforcement services for Police Dispatch based on such determinations of availability. Covina shall notify Irwindale of its anticipated supplemental law enforcement needs for Police Dispatch at least twenty-four (24) hours prior to the date of the Police Dispatch need. Thereafter, Irwindale will notify Covina indicating the amount of supplemental law Enforcement services Irwindale will provide for Police Dispatch along with any other parameters established by the Irwindale Chief of Police.

Irwindale shall be under no obligation to consider requests for services that have not been requested by Covina in a timely manner. Notices provided by Covina indicating the type and amount of supplemental services that will be provided by Irwindale for Police Dispatch must be authorized by the Chief of Police in order to be valid and binding on Irwindale.

2.2 Irwindale hereby grants to Covina and its personnel the right to transmit and broadcast communications to the Irwindale Police Department's units via the Irwindale Police Department’s primary dispatch frequency and/or any other law enforcement frequency for which Irwindale is licensed by the Federal Communications Commission.

2.2a Covina hereby grants to Irwindale and its personnel the right to transmit and broadcast communications to the Covina Police Department's units via the Covina Police Department’s primary dispatch frequency and/or any other- law enforcement frequency for
which Covina is licensed by the Federal communications commission.

2.3 Under no circumstances shall Irwindale’s inability or failure to provide supplemental law enforcement services because of an emergency, disaster, or other incident constitute a breach of this Agreement.

2.3a Under no circumstances shall Covina’s inability or failure to provide supplemental law enforcement services because of an emergency, disaster, or other incident constitute a breach of this Agreement.

2.4 Irwindale shall furnish and supply all necessary labor, personnel, equipment and supplies necessary to provide supplemental law enforcement services for Police Dispatching. Notwithstanding the foregoing, the services performed by Irwindale, the discipline of Irwindale dispatchers, and other matters incident to the performance of services, including the control of personnel so employed shall remain with Irwindale and shall be performed pursuant to Irwindale Police Department’s policies and procedures.

2.4a Covina shall furnish and supply all necessary labor, personnel, equipment and supplies necessary to provide supplemental law enforcement services for Police

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

Dispatching. Notwithstanding the foregoing, the services performed by Covina, the discipline of Covina dispatchers, and other matters incident to the performance of services, including the control of personnel so employed shall remain with Covina and shall be performed pursuant to Covina Police Department’s policies and procedures.

2.5 All services shall be performed to the satisfaction of Irwindale.

2.5a All services shall be performed to the satisfaction of Covina.

2.5b Compensation for personnel from Irwindale and Covina will begin the time they arrive at their respective assignment.

3. Personnel.

The classification, approximate numbers of personnel and number of hours shall be determined and mutually agreed upon by the Parties prior to the provision of the requested supplemental law enforcement services.

4. Compensation.

Irwindale will compensate Covina for the services performed in an amount not to exceed Thirty Thousand Dollars ($25,000.00) during the Term of this Agreement, and at the billing rate set forth below:

Communications Officer - $58.50 per hour
Covina will compensate Irwindale for the services performed in an amount not to Exceed Thirty Thousand Dollars ($25,000.00) during the Term of this Agreement, and at the billing rate set forth below:

Communications Officer - $58.50 Per hour

5. Administration of Personnel.

Irwindale shall not be liable or legally responsible for the direct payment to any of Covina's personnel for salaries, wages, or other compensation for services performed pursuant to this Agreement or for any claims made by Covina’s personnel for personal injuries, including but not limited to Workers' Compensation claims or benefits, arising in connection with services rendered pursuant to this Agreement. All Covina employees who work in conjunction with Irwindale pursuant to this Agreement shall remain employees of Covina and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from Irwindale based on this Agreement. No Covina employees shall become employees of Irwindale.

Covina shall not be liable or legally responsible for the direct payment to any of Irwindale’s personnel for salaries, wages, or other compensation for services performed pursuant to this Agreement or for any claims made by Irwindale’s personnel for personal injuries, including but not limited to Workers' Compensation claims or benefits, arising in connection with services rendered pursuant to this Agreement. All Irwindale employees who

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

work in conjunction with Covina pursuant to this Agreement shall remain employees of Irwindale and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from Covina based on this Agreement. No Irwindale employees shall become employees of Covina.

6. Maximum Cost.

The maximum cost for Irwindale’s supplemental law enforcement services must not exceed Thirty Thousand Dollars ($25,000.00.) during the term of this Agreement.

The maximum cost for Covina’s supplemental law enforcement services must not exceed Thirty Thousand Dollars ($25,000.00.) during the term of this Agreement.

7. Indemnification.

7.1 Covina Indemnification and Hold Harmless
To the fullest extent permitted by law, Covina shall indemnify, defend, and hold harmless Irwindale, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the Covina’s acts and/or omissions arising from and/or relating to this Agreement.

7.2 Irwindale Indemnification and Hold Harmless
To the fullest extent permitted by law, Irwindale shall indemnify, defend, and hold harmless Covina, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands. claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with Irwindale’s acts and/or omissions arising from and/or relating to this Agreement.

7.3 Limitation
The Indemnification and Hold Harmless provisions above shall be limited in duration to the Term of this Agreement. However, each entity's obligation to indemnify, defend, and hold harmless shall apply to any and all injuries, losses, or damages which occur or accrue during the date(s) of service provided for Police Dispatch, but which are reported after this Agreement's ending date.

8. Invoices.

Within forty-five (45) calendar days from each scheduled Police Dispatch event, Irwindale will deliver to Covina an invoice for the services and Covina will pay any undisputed amount within thirty (30) calendar days from the date of Irwindale’s invoice. The invoice and payment shall each be delivered pursuant to the Notice requirements in Section 9.

Within forty-five (45) calendar days from each scheduled Police Dispatch event, Covina will deliver to Irwindale an invoice for the services and Irwindale will pay any undisputed amount

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

within thirty (30) calendar days from the date of Covina’s invoice. The invoice and payment shall each be delivered pursuant to the Notice requirements in Section 9.

9. Notice.

All notices, invoices, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

All notices, demands, requests or approvals to Covina:

City of Covina Police Department
Attention: Capt. Ric Walczak
444 N. Citrus Avenue
Covina, California 91723
All notices, demands, requests or approvals to Irwindale:

City of Irwindale Police Department
Attention: Capt. John Fraijo
5050 N. Irwindale Ave.

Irwindale, CA 91706

10. Integrated Contract.

This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by Irwindale and Covina and approved as to form by the City Attorneys for both cities.

11. Insurance.

Each party agrees to either self-insure in an amount not less than specified below or insure against damages or injuries which may arise from the activities contemplated by this Agreement by purchasing and maintaining for the term of this Agreement a commercial general liability insurance policy, and automobile policy, both with a combined single limit of not less than two million dollars ($2,000,000), which policy shall include or be endorsed to include the other party as an additional insured. The Parties agree to provide evidence of such insurance upon request. Each party shall also carry Worker’s Compensation Insurance for its own employees as required by law.

12. Waiver.

A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

13. Default and Termination.

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

13.1 Failure to Perform
If Irwindale fails or refuses to perform any of the provisions of this Agreement, Covina may immediately terminate this Agreement by written notice to Irwindale.

If Covina fails or refuses to perform any of the provisions of this Agreement, Irwindale may immediately terminate this Agreement by written notice to Covina.

13.2 Option to Terminate for Convenience
A Party to this Agreement may, at its sole discretion and without cause, terminate this Agreement for convenience by giving ten (10) calendar days’ prior written notice to the other Party. Upon termination of this Agreement, Covina will pay Irwindale any compensation earned and unpaid up to the effective date of termination.

Equally, upon termination of this Agreement, Irwindale will pay Covina any compensation earned and unpaid up to the effective date of termination.

14. Governing Law.

This Agreement will be interpreted and governed according to the laws of the State of California.

15. Venue and Jurisdiction.

Irwindale and Covina agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, as appropriate. The parties agree that venue exists in either court and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

16. Survival of Provisions and Obligations.

Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

This Agreement may be signed in counterpart by each party.

CITY OF IRWINDALE, a Municipal Corporation
By: ____________________________________
Julian A. Miranda
City Manager

Agreement for Supplementary Law Enforcement Services
Cities of Irwindale and Covina

Date: ____________________________________
APPROVED AS TO FORM:

By: ____________________________________
Adrian Guerra
City Attorney
CITY OF COVINA, a Municipal Corporation
By: ____________________________________
Chris Marcarello
City Manager
Date: ____________________________________
APPROVED AS TO FORM:

By: ____________________________________
X
City Attorney

01005.0001/1010409.1
RESOLUTION NO. 2024-75-3552

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF

IRWINDALE AND COVINA FOR THE SHARING OF POLICE DISPATCH

PERSONNEL
WHEREAS, the Irwindale Police Department wishes to provide supplementary dispatcher service to the community; and
WHEREAS, the Police Chiefs of Irwindale and Covina have agreed that sharing their dispatcher personnel with the other agency will benefit both agencies.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby approves of the proposed Memorandum of Understanding, attached hereto as Exhibit “A”, and authorizes the City Manager to enter into the proposed agreement, subject to approval as to form by the City Attorney’s Office.

SECTION 2. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 28th day of August, 2024. ______________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }

01005.0001/1010409.1
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-75-3552 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 28th day of August, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0001/1010409.1

Item #20.E.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: City Manager Contract Amendment
City Manager's Recommendation:

Adopt Resolution No. 2024-65-3542 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IRWINDALE AND JULIAN MIRANDA" Administrative Action:

Submitted / Prepared by:

Adrian R. Guerra, City Attorney
Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Adrian R. Guerra, City Attorney
Background and Analysis:

On January 26, 2022, the City Council adopted Resolution No. 2022-10-3260 entitled, “A Resolution of the City Council of the City of Irwindale Appointing City Manager and Approving City Manager Employment Agreement.”
Julian Miranda was appointed the City Manager for the term of February 14, 2022 to February 13, 2025. In accordance with the City Manager Employment Agreement (“Employment Agreement”)

sections 2.2 and 5.4, the City Council and City Manager agreed to conduct an annual salary review concurrently with an annual performance evaluation to occur within thirty days after each anniversary of the City Manager’s appointment.

For the salary review occurring after the first full year of employment, in the event that the City Manager had achieved the goals established for him by the City Council as determined by the City Council in its discretion, the Employment Agreement provided that he would be provided a five percent (5%) base salary increase.

On March 8, 2023, the City Council adopted Resolution No. 2023-22-3400, "A Resolution of the City Council of the City of Irwindale, California, Approving A Salary Increase for the City Manager." The City Council and City Manager recently conducted a performance review, pursuant to the terms of the Agreement and have jointly agreed to forego a base salary increase for the second full year of employment, as set forth in section 2.2.

Pursuant to section 2.3 of the Agreement, the City Manager is entitled to cost of living adjustments ("COLA") to his salary consistent with the benefits received by the Unclassified Management Employees. Resolution No. 2024-61-3538 adopting Unclassified Management Employees Salary and Benefits is proposed as a separate item for the Council's consideration. The proposed Amendment No. 1 to the City Manager Agreement includes adjustments to the City Manager's salary and benefits as follows:
(i) 5% of Cost of Living Adjustment effective September 1, 2024; (ii) 10 hours of additional administrative leave;
(iii) a dollar for dollar match of up to $100 per month of Employee’s contribution towards the City Authorized Deferred Compensation Plan;
(iv) effective January 1, 2025, an increase in vacation leave cap of 350 hours; (v) up to 5 working days of bereavement leave (no more than 40 hours of which would be paid); and (vi) the ability to use up to 40 hours of sick leave as personal leave per calendar year California Government Code section 54953(c)(3) requires that prior to taking final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits to a local agency executive, the legislative body shall orally report a summary of a recommendation for a final action during the open meeting in which the final action is to be taken. Accordingly, the terms of the City Manager’s contract Amendment will be orally summarized at the August 28, 2024 Council meeting Fiscal Impact:

The total cost of salary and fringe benefit adjustments to the proposed Employment Agreement is $40,240 (General Fund: $22,828, MIF: $17,412). A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year's budget.

Attachments:

1. Miranda City Manager Contract

2. (IRW) Resolution Approving First Amendment to City Manager - Julian Miranda(1007411.2)

3. (IRW) Amendment No. 1 to City Manager Agreement (Julian Miranda)(1007418.4)

CITY OF IRWINDALE

CITY MANAGER

EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT (" Agreement") is entered into and made effective the 26th day of January, 2022, by and between the CITY OF IRWINDALE, a charter city and municipal corporation (" City") and Julian A. Miranda, an individual (" Employee").

RECITALS
WHEREAS, the City Council now desires to appoint Employee to serve in the position of city manager for the City, which position is prescribed by state law and the City' s Charter and Municipal Code, and to retain his services as Executive Director of the Successor Agency to the Former Irwindale Community Redevelopment Agency, Housing Authority, and Reclamation Authority, and such other agencies of the City to which he may be appointed from time -to -time; and
WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth in Irwindale Municipal Code Section 2.08. 050; and
WHEREAS, Irwindale Municipal Code Section 2. 08.020 provides in part that appointments to the position of city manager " shall be made by the council upon the basis of the individual' s executive and administrative qualifications, with special reference to his actual experience in, or knowledge of, accepted practices with respect to municipal government;" and WHEREAS, based on Employee' s executive and administrative qualifications and experience in and knowledge of municipal government, the Council desires to employ Employee to serve as the city manager for the City; and
WHEREAS, Employee desires to accept employment as such from City and to perform and assume responsibility for the provision of city manager services to the City and its related agencies.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

AGREEMENT

1. 0 EMPLOYMENT & DUTIES

1. 1 Duties. City hereby employs Employee as city manager for the City to perform the functions and duties of the city manager, as specified in the City' s Charter and Municipal Code and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time -to -time, direct or assign. Employee acknowledges that the assigned duties shall also include services to the Successor Agency to the Former Irwindale Community Redevelopment Agency, Housing

Authority, and Reclamation Authority. Employee shall devote his best efforts and full-time attention to performance of these duties.

1. 2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of city manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time -to -time ( currently 7: 30 a. m. to 6: 00 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable " time off' as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee' s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1. 3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of city manager.

1. 4 Employment Status. Upon appointment to the city manager position, Employee shall serve at the will and pleasure of the City Council and understands that he shall be an " at -will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so- called due process pre -disciplinary " Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3. 4 below.

1. 5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by a) law, ( b) any governmental agency, ( c) subpoena, or ( d) an order issued by a court of competent jurisdiction.

1. 6 Exclusion from Competitive Service. Employee understands, acknowledges and agrees that he is exempt from the City' s competitive service system pursuant to Irwindale Municipal Code § 2. 13. 050( F).

1. 7 FLSA Exempt Status. Employee agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2. 0 COMPENSATION AND REIMBURSEMENT

2. 1 CoMpensation. For the services rendered pursuant to this Agreement, Employee' s initial base annual compensation shall be Two Hundred and Sixteen Thousand Seven Hundred and Fifty Two Dollars and No Cents ($ 216, 752. 00) annually (" Salary") ( equivalent to salary range 88, Step C), which shall be paid on a pro -rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll -related liability costs.

2. 2 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section

5. 2. For the salary review occurring after Employee' s first full year of employment as city manager, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided a five percent 5%) base salary increase. For the salary review occurring after Employee' s second full year of employment as city manager, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided a five percent ( 5%) base salary increase. Adjustments in the base salary and/or benefits following Employee' s annual performance evaluations shall be at the sole discretion of the City Council.

2. 3 Cost of Living Adjustments,. Employee shall be entitled to so- called cost of living adjustments (" COLA") to the Salary, as received by Unclassified Management Employees under Resolution 2021- 116- 3238, A Resolution Adopting A Schedule of Salaries and Benefits for Unclassified Management Employees (" Department Head Benefits Resolution"), as it may be amended from time to time for all Unclassified Management Employees. The COLA, if any, shall be considered separate from the adjustment of Salary based upon Employee' s performance, following the annual performance reviews performed in accordance with Section 5. 2 of this Agreement.

3. 0 TERM

3. 1 Commencement & Effective Date. Employee shall commence his services hereunder at 12: 01 a.m. Pacific daylight savings time on February 14, 2022 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (" Effective Date").

3. 2 Term. The term of this Agreement will be for three ( 3) years following the Effective Date (" Term") ( i.e. until 11: 59 p.m. on February 13, 2025) and, thereafter, the term of this Agreement may be extended for such an additional term( s) as Employee and City Council mutually deem appropriate, as evidenced by a writing signed by both parties.

3. 3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty ( 30) days' advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.

3. 4 Termination by Cit . The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reason( s) as provided in (a) and b) below. The City Council' s right to terminate Employee pursuant to this Section 3. 4 shall not be subject to or in any way limited by the City' s Personnel Rules or past City practices related to the employment, discipline or termination of the City' s employees. Employee expressly waives any Page 225 of 446 rights afforded under City' s personnel system or policies, Personnel Rules, and any rights afforded to Employee under the Irwindale Municipal Code ( including Chapter 2.08) or under State or Federal law, including Government Code §§ 54950 et seq. (" Brown Act"), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination, except as expressly provided in this Agreement and those rights Employee may have under the California or United States constitutions to a name -clearing hearing.

Such rights waived include the right under the Brown Act ( Government Code § 54957( b)) to have complaints or charges against an employee heard in a public session upon Employee' s request.

Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of city manager. Upon appointment to the city manager position, Employee remains an at -will employee serving at the pleasure of the City Council. a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five ( 5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. The term " cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following; 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Resume fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude ( i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California Iaw, 6) Violation of the City' s anti -harassment policies and/ or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City' s Charter, Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City' s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassinent or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, 13) " abuse of office or position" as defined in Government Code § 53243. 4 ( i.e., waste, fraud, and violation ofthe law under color of authority and crimes against public justice, including crimes involving bribery and corruption), or 14) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
b) Termination by City Council Without Cause. For the purposes of complying with Irwindale Municipal Code Section 2. 08. 070, by providing Employee at least thirty 30) days' prior written notice thereof, the City Council may terminate Employee without cause, including based upon management reasons. If the City terminates this Agreement without cause, the City may, in its discretion, place Employee on paid administrative leave until the effective date of his termination. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4. 1 below.

3. 5 Limitation on Termination Following Election. For the purposes of complying with Irwindale Municipal Code Section 2. 08. 080, Employee shall not be removed from office, other than for cause as defined in Section 3. 4( a) above, during or within a period of thirty 30) days next succeeding any general municipal election held in the City, at which election a member of the City Council is elected. After the expiration of said thirty ( 30) day period, the City Manager may thereafter be removed without cause as provided in Section 3. 4( b).

4. 0 SEVERANCE

4. 1 Severance Pay. In the event Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base salary ( as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by six ( 6), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary ( excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. ( For example, if termination occurs with two ( 2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six ( 6) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3. 4( a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4. 1 above. As provided in Section 3. 3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4. 1 above.

4. 3 Sole Rim. The severance rights provided in this Section 4. 0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard " Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit " C."

5. 0 PERFORMANCE EVALUATIONS

5. 1 Pu pose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1. 4 above), nor shall this Section 5. 0 be construed as requiring cause" to terminate this Agreement, or the services of Employee hereunder.

5. 2 Annual Evaluation. The City Council shall review and evaluate the performance of Employee annually within thirty ( 30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Council' s consideration, no later than December 1 of each year of the term ofthis Agreement, Employee' s proposed annual performance goals and objectives and incorporate the City Council' s suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5. 1 above.

5. 3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two ( 2) weeks following the conclusion of the review and evaluation process, and may, at his its discretion,

schedule at least one ( 1) closed personnel session with Employee to deliver and discuss the evaluation.

6. 0 BENEFITS

6. 1 Automobile Allowance. City shall provide Employee with a City vehicle, fuel and maintenance, for official and personal use. Employee understands that any applicable taxes are his responsibility to pay and not covered by the City.

6. 2 Cell Phone. City shall provide a City -owned cell phone for City -related business and functions during, before and after normal work hours. Employee understands that any applicable taxes are his responsibility to pay and not covered by the City.

6. 3 Computer Loan Program. If desired by Employee, the City will provide an interest -free loan to Employee for his purchase of computer equipment and software, subject to City Council approval, up to a maximum of $3, 000 for the first computer loan and $ 2, 000 every two years thereafter. Any loans shall be repaid by Employee within 24 months, and repayment must be made through payroll deductions on a bi-weekly basis. In the event of termination of this Agreement for any reason, the balance of any loan shall be due immediately to the City as of the effective date ofthe termination of the Agreement.

6. 4 Bilingpal Pay. The City shall pay Employee an additional two and onehalf percent ( 21/ z%) of his Salary as bilingual pay incentive upon passing an appropriate verbal bilingual exam as determined by the City, if Employee is proficient in Spanish and/ or American Sign Language and is required to use such language( s) during the course of City business. This compensation will be paid out over twenty- six ( 26) bi-weekly pay periods in a calendar year.

6. 5 Medical, Dental, Vision and Other Insurance. The City shall provide to Employee the same group medical, dental, and vision insurance plans offered to Unclassified Management Employees under the Department Head Benefits Resolution, as it may be amended from time to time. The City shall provide and pay for a life insurance policy for Employee with coverage in the amount of One Hundred Fifty Thousand Dollars and No Cents ($ 150, 000. 00), as well as coverage for spouse and eligible dependent children in the amount of Five Thousand Dollars and No Cents ($ 5, 000. 00) each. The City shall also provide and pay for an accidental death and dismemberment (" AD& D") insurance policy for Employee only in the amount of One Hundred Fifty Thousand Dollars and No Cents ($ 150, 000. 00).

In the event that Employee can demonstrate, to the satisfaction of the City, that he has obtained substantially equivalent medical, dental and vision coverage through some other insurance plan in lieu of City -provided insurance, then so long as Employee maintains such medical, dental and vision insurance coverage, he shall be entitled to reimbursement from the City of one- half ( 1/ 2) of the average monthly cost to the City for single employee medical coverage only. The City shall have the sole and unfettered right to determine whether Employee has satisfactorily demonstrated substantially equivalent medical, dental and vision coverage, and Employee must, at least annually, provide written proof of such substantially equivalent medical, dental, and vision coverage in a form satisfactory to the City. Any such reimbursement payment described in this paragraph shall be made bi-weekly through the regular payroll system, and such payment shall not add to Employee' s base pay.

Employee shall be provided retiree medical consistent with that provided to Unclassified Management Employees hired on or after January 1, 2011, subject to the terms and qualifications for receipt of such retiree medical benefits afforded to Unclassified Management Page 228 of 446 Employees under the Department Head Benefits Resolution. Accordingly, retiree medical for Unclassified Management Employees hired on or after January 1, 2011 will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49- 2479, which mirrors the state plan for contribution levels. The resolution requires ten ( 10) years of service, five ( 5) years of which is with Irwindale, for fifty percent ( 50%) contribution of state designated amount towards retiree medical premium and twenty ( 20) years of service, five ( 5) years of which is with Irwindale, for one hundred percent ( 100%) contribution of state designated amount towards retiree medical premium for any CaIPERS medical plan. Contribution levels shall be as follows:

Credited Years Percentage
of PERS of
Service (5 of Contribution
which must be
performed at
the City of
Irwindale
10 5'0%
11 55%
12 60%
13 . 65%
14 70°10
15 75%
17 E. 85%.
18 90%
19 95%
20+ 100%
Notwithstanding the foregoing, Employee acknowledges that his hire date for purposes of retiree medical is determined by CalPERS, and that he will be provided retiree medical consistent with Ca1PERS' determination, and applicable laws and regulations, Employee shall be eligible to participate in the City' s Internal Revenue Code section 125 and 129 Flexible Spending Account plans, which are administered through a vendor selected at the City' s sole discretion. The City' s FSA plans presently maintain a cap of Five Thousand Dollars 5, 000) for dependent care expenses and Two Thousand Six Hundred Dollars ($ 2, 650) for health care expenses, which caps may be adjusted based on revisions to IRS regulations. Employee' s

participation in such plans is voluntary and Employee shall be solely responsible for any desired plan contributions. The Parties agree that the City has not provided legal or tax advice to Employee as to whether dependent care and health care expenses are legally tax deductible to or by Employee.

6. 6 PERS. Employee is believed to be a " classic" member of CalPERS and shall participate in the City' s 2% at 55 formula for miscellaneous employees hired on or after January 1, 2011. Such formula is subject to the following CalPERS contract provisions: ( i) Fourth level of 1959 Survivors Program; ( ii) Military service as public service; ( iii) average monthly pay rate and special compensation for highest thirty six ( 36) consecutive months; ( iv) improved nonindustrial disability allowance; ( v) post -retirement survivor allowance; and ( vi) credit for unused sick leave. The City shall pay the full employer CalPERS contribution. The employee contribution of 7% shall be paid by Employee. Notwithstanding the foregoing, Employee acknowledges that his CalPERS member status and applicable retirement formula is determined by CalPERS based on the requirements of the City' s CalPERS contract, the Public Employees Retirement Law and the Public Employees' Pension Reform Act, and that he will be enrolled in the appropriate retirement plan as determined by CalPERS.

6. 7 Deferred Com ensation. Employee may, at his sole cost and expense, participate in the City' s Deferred Compensation Program. The City currently has two plan options under its Deferred Compensation Program: ( a) ICMA- RC, and ( b) the Nationwide Retirement Solutions plans. Employee acknowledges that City does not provide any matching benefits or other payments toward the Deferred Compensation Program.

6. 8 Vacation Leave. Employee shall accrue vacation leave in accordance with the formula below, with an accrual cap of three hundred ( 300) hours, over which he shall receive a cash out at one hundred percent ( 100%) to be included in the second paycheck in January of each year, in order to bring his accrual down to the three hundred ( 300) hour accrual cap. The number of hours accrued bi-weekly, based on full-time continuous service with the City of Irwindale only, is as follows:

Years of Service Hours Accrued Baweekly 5

4. 61` 610 '

4. 923 11 '
S. 231 12 `

5. 539 13 +

6. 154 Accrual
at the next highest incremental rate shall begin with the next pay period following Employee' s anniversary date of commencementoffull-time continuous employment with the City. Upon termination from employment withthe City, earned and unused vacation hours will be paid to Employee at Employee's base hourly rate of pay then in effect. 69 Sick Leave. Employee shall accrue sick leave at the rate of 3.693 hours bi- weekly.

Employee' s use of sick leave shall be as provided inthe Irwindale Personnel Rules. With respect tobuy back of unused sick leave, Employee, upon termination or cash in request, shall be provided sick leave buy back at the following rates:

over 950 hours 25% of total sick leave value
571 - 950 days 50% of total sick leave value
1" 570 hours 75% of total sick leave value
Employee must maintain a minimum balance of 80 hours of sick leave after any cash out of sick leave in order to be eligible for cash out of sick leave.

6. 10 Elective Cash -out of Vacation and Sick Leave. Elective cash -out of vacation and sick leave accruals shall be limited to a maximum of one hundred ( 100) total hours per fiscal year of accrued vacation or sick leave to be converted, and in compliance with Department of Treasury, Internal Revenue Service (" IRS") regulations ( section 1. 451- 1( a)) must comply with the following:

1. Any vacation or sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 15th of the calendar year prior to the end of the calendar year in which Employee wishes to convert such vacation or sick leave.

2. All vacation and/ or sick leave conversion elections are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 15th ofthe calendar year prior to conversion.

3. If Employee fails to submit an election by December 15th of the calendar year prior to the conversion, he will not be eligible for vacation and/or sick leave to be converted to cash for that calendar year.

4. Payments for accrued vacation and/ or sick leave conversion to cash shall be made by separate check four times a year ( first pay period in September, December, March, and .tune).

5. Employee will be eligible for partial conversion to cash if the full amount of hours elected are not available at the elected time of cash out.

6. Employee may not convert sick leave in an amount that would reduce sick leave balance to less than 80 hours.

6. 11 Holidays. Employee shall be entitled to the holidays listed in this Section

6. 11 below. In the event the applicable Department Head Benefits Resolution is amended to include additional holidays, then Employee shall be entitled to such additional holidays as provided to Unclassified Management Employees,

1. New Year' s Day January 1

2. Martin Luther King Jr. Day Third Monday in January

3. President' s Day Third Monday in February

4. Cesar Chavez Day March 31

5. Memorial Day Last Monday in May

6. Independence Day July 4

7. Labor Day First Monday in September

8. Veteran' s Day November 11
9, Thanksgiving Day Fourth Thursday in November

10. Day After Thanksgiving Day Fourth Friday in November Page 231 of 446

11. Christmas Eve ( 1/ 2 Day) December 24

12. Christmas December 25

13. New Year's Eve ( 1/ 2 Day) December 31

6. 12 FloatingHoliday. oliday. Employee shall be provided a total holiday leave bank for the calendar year of one hundred forty ( 140) hours per year for holidays, reduced by the number of scheduled holiday hours for that calendar year. ( At the beginning of each calendar year, the City will determine and distribute its holiday schedule. When any of the holidays fall on a regular work day Monday -Thursday) or a Sunday holiday which is celebrated on the following Monday, ten ( 10) hours will be deducted from the holiday bank of one hundred forty ( 140) hours for each such holiday ( with

5. 0 hours to be deducted for 1/
2 day holidays). In no event will such deduction result in a negative holiday bank account balance. Employee will be then be credited with the balance, if any, of the remaining holiday bank hours which may be used as floating holiday time in a manner similar to that of vacation time.)
All floating holiday time must be used in the calendar year in which it was credited to Employee. Any and all unused floating holiday time will be cashed out and included in the second paycheck in January of the following calendar year.

6. 13 Bereavement Leave. Employee shall be entitled to such bereavement leave equal to four (4) days, totaling not more than 40 hours ( 4 days x 10 hours per work day).

6. 14 Administrative Leave. Employee shall accrue administrative leave at the rate of sixty ( 60) hours per year, which hours shall be credited to Employee the first pay period in January of each calendar year. Administrative leave hours shall be used prior to any floating holiday hours and accrued vacation leave hours available to Employee. Administrative leave shall not be carried over from year-to- year. Any and all unused administrative leave hours will be cashed out and included in the first paycheck in January of the following calendar year. Additionally, any unused administrative leave hours shall be cashed out upon separation ofEmployee.

6. 15 Jury. Duty. Employee shall receive full pay and benefits while responding to a
jury summons or serving on a
jury, for up to ten ( 10) working days. Any compensation for such jury duty ( except travel pay) shall be remitted to the City.

6. 16 Witness Leave. If Employee is required to be absent from work by proper subpoena issued by a court or other legally empowered agency, Employee shall be entitled to be absent from work at the Employee' s regular rate of pay, provided that any fees, except mileage, are deposited with the City.

6. 17 EAP Program. The City shall pay the premium for participation in an Employee Assistance Program for Employee and his dependents.

6. 18 State Disability Insurance. Employee will participate in the state - sponsored short-term disability program at no expense to the City.

7. 0 PROFESSIONAL DEVELOPMENT

7. 1 Membership. The City encourages Employee' s continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Council.

7. 2 Out -of -Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to his employment with the City, in accordance with the City' s policies for expense reimbursement. Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the City Council may, in his sole discretion, approve such unbudgeted expenditures if he deems it in the best interests ofthe City.

7. 3 Local Meetinjzs & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his employment with City in accordance with the City' s policies for expense reimbursement.

7. 4 Incidental Expenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employee while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City' s policies for expense reimbursement.

8. 0 BONDS AND INDEMNIFICATION

8. 1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee' s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8. 2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee' s services under this Agreement.

9. 0 GENERAL PROVISIONS

9. 1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee' s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9. 2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval.

9. 3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City:

Mayor
City of Irwindale
5050 North Irwindale Avenue
Irwindale, California 91706
To Employee:

Julian A. Miranda
On file with Human Resources Dept.]
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9. 4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee' s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee' s obligations arising therefrom.

9. 5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver ofthat term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9. 6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9. 7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9. 8 Mandatory Government Code Provisions. Government Code §§ 53243 - 53243. 4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: ( i) paid leave salary; ( ii) criminal defense costs; ( iii) cash settlement payments; and ( iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
53243. L Reimbursement of legal criminal defense upon conviction of crime involving office or position.
53243. 2. Reimbursement of cash settlement upon conviction of crime involving office or position. Page 234 of 446
53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. " Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of his or her office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit " B".

9. 9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the parry or its representatives who drafted it or who drafted any portion thereof, IN WITNESS WHEREOF, the City of Irwindale has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

SIGNATURES ON FOLLOWING PAGE]

ATTEST:

Nieto, Chief Deputy City Clerk
APPROVED AS1 ORM:

Adrian Guerra, City Attorney

CITY OF IRWINDALE
C
arry,KBurrola, Mayor

EMPLOYEE
J ian A. Miranda

M1_1...' .......`
r
City Manager Job Description]
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class.

Specifications are nol intended to reflect all duties peiformed within thejob.

SUMMARY DESCRIPTION
Under policy direction, plans, directs, manages and oversees the activities and operations of the City of Irwindale including the Community Development, Finance, Library, Police, Public Works, Recreation, and Senior Center Departments, Human Resources and City Clerk' s Offices; serves as chief executive officer of the City ensuring that public services are delivered in an efficient and effective manner; implements policy decisions made by the City Council; facilitates the development and implementation of City goals and objectives; and provides highly complex administrative support to the City Council,

REPRESENTATIVE DUTIES
The following duties are typical for this classification. Ineumbents may not perform all of the listed duties andlor may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

I. Assumes full management responsibility for all City operations; assesses ongoing operational needs through department heads and determines best organizational structure to meet goals and objectives; develops, recommends and administers policies and procedures.

2. Directs the development and implementation ofthe City' s goals, objectives, policies andpriorities.

3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly.

4. PIans, directs and coordinates, through department heads, the work plan for the City; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meets with management staff to identify and resolve problems.

5. Assesses and monitors work load, administrative support systems, and internal reporting relationships; identifies opportunities for improvement.

6. Selects, motivates, and evaluates personnel; resolves personnel concerns and issues.

7. Oversees the development and administration ofthe City budget; approves the forecast offunds needed for staffing, equipment, materials and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary; keeps Council advised of financial conditions, prograrn progress, and present and future needs ofthe City.

8. Explains, justifies, and defends City programs, policies, and activities; negotiates and resolves sensitive and controversial issues.

9. Provides staff assistance to the City Council; prepares and presents staff reports and other necessary correspondence; provides advice and consultation to the City Council on the development and implementation of City programs and services.

10. Represents the City to all departments and outside agencies; coordinates City activities with those of other cities, counties and outside agencies and organizations.

CITY OF TRWllVbALE
City Manager ( Continued)

11. Confers with department heads and managers concerning administrative and operational problems, work plans, and strategic plans; makes appropriate decisions or recommendations; oversees the preparation and implementation oflong range plans for the City.

12. Serves as a resource for the City Council, department personnel, City staff, other organizations, and the public; coordinates pertinent information, resources, and work teams necessary to support a positive and productive environment.

13. Performs all duties as may be prescribed by City Council action; directs the preparation of plans and specifications for work that the City Council orders.

14. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of public administration.

15. Responds to and resolves difficult and sensitive citizen inquiries and complaints.

16. Performs related duties as required.

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job andlor be learned within a short period oftime in order to successfully perform the assigned duties.

Knowled1ze of:

Operations, services, and activities of amunicipality.

Advanced principles and practices of public administration and local government administration.

Current social, political, and economic trends and operating characteristics/problems of municipal government.

Principles and practices of program development and administration. Government, council, and local and state legislative processes.

Principles and practices of fiscal and strategic planning.

Methods of analyzing, evaluating, and modifying administrative procedures.

Principles and practices of municipal finance and budget preparation and administration.

Methods and techniques for goal setting and program evaluation.

Principles of supervision, training, and performance evaluation.

Principles of effective public relations and interrelationships with community groups and agencies, the private sector, and other levels of government.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Pertinent federal, state, and local codes, laws, and regulations.

Ability to:

Manage and direct the operations, services and activities of a major municipality. Plan, organize, and direct the work of staff.

Select, supervise, train, and evaluate staff. Delegate authority and responsibility.

Negotiate and resolve complex issues.

Identify and respond to sensitive community, organizational, and City Council issues, concerns, and needs.

Prepare clear and concise administrative and financial reports. Prepare and administer large and complex budgets.

Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.

Research, analyze, and evaluate new service delivery methods and techniques. Interpret and apply federal, state, and local policies, laws, and regulations.

Respond to inquiries or complaints and explain regulations and procedures to the general public, members of the business community, and representatives of other agencies and organizations.

Effectively present information to top management, public groups, and/ or boards of directors.

Exercise sound, independent judgment within general policy guidelines.

Deal constructively with conflict and develop consensus.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Education and Ex erience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/ Trainin :

A Bachelor' s degree from an accredited college or university with major course work in public administration, business administration, or related field. A Master' s degree is desirable.

Experience:

Ten years of progressively responsible experience in municipal government including five years of management and administrative experience.

License or Certificate:

Possession of an appropriate, valid driver' s license.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative ofthose that must be met by an employee to successfully perform the essential functions ofthis job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential jobfunctions.

Environment: Work is performed primarily in a standard office environment with some travel to different sites; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings.

Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/ or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information. ision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction.

Date: November 2016
Ralph Andersen & Associates
01005. 0004/ 758407. 7

EXHIBIT 44W
GOVERNMENT CODE SECTION 53243- 53243. 4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless ofthe term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243. 3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243. 4. For purposes of this article, " abuse of office or position" means either ofthe following:
a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
b) A crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 commencing with Section 92) ofPart 1 of the Penal Code. 01005. 0004/ 758407. 7

EXHIBIT " C"

AGREEMENT OF SEPARATION SEVERANCE AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release ( hereinafter referred to as the " AGREEMENT") is entered into by and between the City of Irwindale, a charter city and municipal corporation ( hereinafter referred to as " THE CITY'), and Julian A. Miranda, an individual ( hereinafter referred to as " EMPLOYEE").

2. RECITALS

2. 1. EMPLOYEE was hired by THE CITY as an at -will city manager effective serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a
copy of which is attached hereto as Exhibit " A" (" THE CONTRACT'). EMPLOYEE is currently years old.

2. 2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver. of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected..and non -elected officials, employees, attorneys, and agents. Accordingly, the parties hereto'`intend by this AGREEMENT to mutually conclude any and all employment ; relationships between THE CITY . and ` EMPLOYEE by means of EMPLOYEE' s voluntary separation. as of This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE' s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT, 23 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE' s postemployment- rights, including but riot limited to, EMPLOYEE' s rights under the Consolidated Omnibus Budget Reconciliation Act of . 985 (" COBRA"), the Employee Retirement Income Security Act of 1974 (" ERISA"),: and the Health Insurance Portability and Accountability Act of 1996 (" IHIPAX")

3. 3. 1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/ or all other wage compensation/ benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3. 2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a
lump sum amount of and
gents as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE' s home address via certified mail return receipt requested within thirty ( 30) business days after the EFFECTIVE DATE ( as defined below) of this AGREEMENT.
2

3. 3
In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE' s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as " THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or'arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including , hereinafter referred to collectively as " CLAIMS"), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.

EMPLOYEE expressly acknowledges that the CLAIMS forever barred. by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment. any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or..implied. contract for ;continued employment, any alleged employment discrimination or unlawful - discriminatory act;' or any claim or cause of action including, but not limited to, any and all claims whether. arising under. any federal, state or local law prohibiting breach of employment contract, wrongful r6inination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Co. mission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, Calif
Aornia
Government Code §§12, 900 et seq., the
mericans With Disabilities Act, Title VII o fthe Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act,. and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. 4.

SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER The
Age Dnscruninatnon in Employment Act of 1967 ( hereinafter referred to as the ADEA") makes itillegal for an employer todischarge any individual or otherwise discriminate with respect to the nature and privileges of an individual' s employment on the basis that the individual is age forty ( 40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the " OWBPA," 29 U.S.C. § 626, et seq., Pub L 101- 433, 104 Stat. 978 ( 1990)) finrther augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges thathe knowingly andvoluntarily, forjust compensation inaddition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant tothe provisions ofthe ADEA and OWBPA, that: a) This waiver/ release is written ina manner understood by EMPLOYEE; 3

b) EMPLOYEE is aware of, and/ or has been advised of, his rights under the AREA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/ or similar age discrimination laws; c) EMPLOYEE is entitled to a reasonable time of at Ieast twenty- one ( 21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty- one ( 21) days;
d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/ or. OWBPA after the EFFECTIVE DATE of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that he should consult with an attorney pjior to executing this AGREEMENT;
f) EMPLOYEE has discussed this. waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT,
g) EMPLOYEE has t sever ( 7)._ days following his execution of this AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven ( 7) day revocation period must be provided, in writing, to THE CITY pursuant to .Paragraph 8. 9' herein, and must state, " I hereby revoke my acceptance of our Agreement of Severance and General Release;" and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten ( 10) days have passed 'since EMPLOYEE' s execution (" EFFECTIVE DATE"). `

5. UNKNOWN CLAIMS
In relation to ,..the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:

A general release does not extend to claims that the creditor or releasing parry does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
EMPLOYEE hereby waives the protection ofCalifornia Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
Ll

EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7. 1. Advice of Counsel: The parties hereto:. have received independent legal advice from their respective attorneys concerning the advisability ofentering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they 'have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware ofthe contents of this AGREEMENT and ofits legal effect.

7. 2. No Fraud in Inducement: No. party ;.(nor any officer, ?agent, employee, representative, or attorney of or for any party) has madeany statement orrepresentation orfailed to make any statement orrepresentation toany,. other party regarding any fact relied upon in entering into this AGREEMENT, and neither party reliies, upon any statement, representation, omission or promise of any other party inexecuting this AGREEMENT, or mi making the settlement provided for herein, except as expressly stated inthis AGREEMENT. 7.

3. Independent` Investigation; Each party to this AGREEMENT has made such investigation ofthe facts , pertai pertaining
thereto, as it deems n74.

Mistake the
risk of any misrepre. s.entat discover
that any fact relied P( fact
was concealed from it, or 1 party
shall not be entitled toan generality
ofthe foregoing any This
AGREEMENT is' intender any
claims of misrepresentation mistake
offact or law, or any of this
settlement and this and all the matters Waived:

In entering into this AGREEMENT, each party assumes on, by
concealment:
if
or.
in entering into
mistake.
this
If
AGREEMENT was
any party should
untrue,
subsequently
or
n
that any tat
its understanding ofthe facts or of the law was incorrect, such relief in connection therewith, including without limitation on the alleged right or claim to set aside or rescind this AGREEMENT. to be, and is, final and binding between theparties, regardless of promise made without the intent to perform, concealment offact, circumstance whatsoever. 7.

5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition toor different from those they now know or believe to be true with respect tothe matters related herein. Nevertheless, itis the intention ofthe parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7. 6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result ofthe payment ofthe consideration set forth in Paragraph 3 of this AGREEMENT.

7. 7. Future Cooperation & Consultation fees:, EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT EMPLOYEE shall. provide THE CITY with consultation services (including deposition or trial` testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of,$I00.00.per hour.

7. 8. Return of Confidential Information And Property: Prior ' to the separation date, EMPLOYEE shall submit a written' inventory of, and return to the City Cleric, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY.

7. 9 No Pending Claims and/ or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will :not do so at any time hereafter for any claim arising up to and including . the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes .jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where even filed, he will request such agency or court to withdraw from the matter forthwith.
7 0. Ownership of Claims: EMPLOYEE represents and warrants as a material terra of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In exceuting this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/ or entity.

7. 11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.

7. 12 Authori : Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the 2

respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

S. MISCELLANEOUS

8. 1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims anchor litigation and buy its peace.

8. 2. Governing Law: This AGREEMENT:.:has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws ofthe State of California.

8. 3. Full Integration:ion: This AGREEMENT is the:. entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8. 4. Continuiniz Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.:.:..,...

8. 5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construedagainst any party::

8. 6. Severabilf :..: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to :be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, : covenant, _condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

87. Titles: The. titles included in this AGREEMENT are for reference only and are not part of its terns, nor do they in any way modify the terms of this AGREEMENT.

8. 8 Counteparts: This AGREEMENT may be executed in counterparts, and when each party has signed acid delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8. 9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party' s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three ( 3) consecutive calendar days following deposit of the same in the United States mail.
7

As to EMPLOYEE:

At EMPLOYEE' s home address on file with THE CITY.

As to THE CITY:

Mayor
City of Irwindale
5050 North Irwindale Avenue
Irwindale, California 91706
IN WITNESS WHEREOF, THE CITY has caused this 'AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for=THE CITY aril EMPLOYEE, if any, have approved as to form as of the dates written below.'
Adrian Guerra, City Attorney
EMPLOYEE' s LAW FIRM]
Counsel]

01005.0004/1007411.1
Resolution No. 2024-65-3542

RESOLUTION NO. 2024-65-3542

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE CITY

MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

IRWINDALE AND JULIAN MIRANDA
WHEREAS, on January 26, 2022, the City Council adopted Resolution No. 2022-10-3260 entitled, “A Resolution of the City Council of the City of Irwindale Appointing City Manager and Approving City Manager Employment Agreement” ; and
WHEREAS, on March 8, 2023, the City Council adopted Resolution No. 2023-22-3400 entitled, “A Resolution of the City Council of the City of Irwindale, California Approving a Salary Increase for the City Manager”; and WHEREAS, the City Council now desires to approve the First Amendment to the Agreement, a copy of which is attached hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The First Amendment to the City Manager Employment Agreement between the City of Irwindale and Julian Miranda, attached hereto as Exhibit “A” is hereby approved, subject to approval as to form by the City Attorney’s Office.

SECTION 4. The Chief Deputy City Clerk shall certify to the adoption of this resolution, which, shall in turn, have immediate effect.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Irwindale, California on this 28th day of August 2024.
__________________________
Albert F. Ambriz, Mayor
ATTEST:

Resolution No. 2024-65-3542

_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-65-3542 was adopted at an regular meeting of the Irwindale City Council held on the 28th day of August 2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0004/1007418.4

FIRST AMENDMENT TO

CITY OF IRWINDALE

CITY MANAGER EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (the “Amendment No. 1”) is made and entered into August 28, 2024, by and between the CITY OF IRWINDALE, a charter city and municipal corporation (the “City”) and JULIAN A. MIRANDA, an individual (“Employee”).

R E C I T A L S
WHEREAS, Employee commenced services as the City Manager of the City on February 14, 2022 pursuant to the City Manager Employment Agreement (the “Agreement”) between Employee and the City; and
WHEREAS, in accordance with the Agreement Sections 2.2, 2.3 and 5.4, the City Council and Employee agreed to conduct an annual salary review concurrently with an annual performance evaluation to occur within thirty days after each anniversary of the Employee’s appointment; and WHEREAS, the City Council recently conducted a performance review of Employee and the parties have jointly agreed to forego a base salary increase for the second full year of employment, as set forth in section 2.2. The City and Employee now desire to amend the Agreement by this First Amendment to provide: (i) 5% of Cost of Living Adjustment effective September 1, 2024; (ii) 10 hours of additional administrative leave; (iii) a dollar for dollar match of up to $100 per month of Employee’s contribution towards the City Authorized Deferred Compensation Plan; (iv) effective January 1, 2025, an increase in vacation leave cap of 350 hours; (v) up to 5 working days of bereavement leave (no more than 40 hours of which would be paid); and (vi) the ability to use up to 40 hours of sick leave as personal leave per calendar year; and WHEREAS, Employee desires to accept and agrees to these employment terms from the City as set forth in this Amendment No. 1; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. Sections 2.3, 6.7, 6.8, 6.9 6.13, and 6.14 of the Agreement are amended and revised to read, in their entirety, as follows (added language in bold italics, deleted language in strikethrough):

A. Section 2.3 Cost of Living Adjustments. Effective September 1, 2024, Employee shall be entitled to a one-time 5% so-called cost of living adjustment (“COLA”) to the Salary, as received by Unclassified Management Employees under Resolution 2021-116-32382024-63- 3540, A Resolution Adopting A Schedule of Salaries and Benefits for Unclassified Management

01005.0004/1007418.4
Employees (“Department Head Benefits Resolution”), as it may be amended from time to time for all Unclassified Management Employees. The COLA, if any, shall be considered separate from the adjustment of Salary based on Employee’s performance, following the annual performance reviews performed in accordance with Section 5.2 of this Agreement.

B. Section 6.7 Deferred Compensation. Employee may, at his sole cost and expense, participate in the City’s Deferred Compensation Program. The City currently has two plan options under its Deferred Compensation Program: (a) ICMA-RC, and (b) the Nationwide Retirement Solutions plans. Employee acknowledges that City does not provide any matching benefits or other payments towards the Deferred Compensation Program. The City will match dollar for dollar an amount up to one hundred dollars ($100.00) per month of an Employee’s contribution to a City Authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457.

The combined contribution between the City’s and Employee’s contribution to the City’s Deferred Compensation Plan(s) shall not exceed the maximum permitted by law.

C. Section 6.8 Vacation Leave. Hours accrued over two-hundred seventy-five (275) shall be included in the first paycheck of January 2025. Effective January 1, 2025, Employee shall accrue vacation leave in accordance with the formula below, with an accrual cap of three hundred-fifty (350) hours (300) hours. , over which he shall receive a cash out at one hundred percent (100%) to be included in the second paycheck in January of each year, in order to bring his accrual down to the three hundred (300) hour accrual cap. Once Employee has accumulated the maximum accrual amount of three hundred fifty (350) hours, no more vacation leave can be accrued until the accrual has been reduced below the cap. The number of hours accrued biweekly, based on full-time continuous service with the City of Irwindale only, is as follows:

Years of Service Hours Accrued Bi-weekly
0-4 3.693
5 4.616
10 4.923
11 5.231
12 5.539
13 + 6.154
D. Section 6.9 Sick Leave. Employee shall accrue sick leave at the rate of 3.693 hours bi-weekly. Employee' s use of sick leave shall be as provided in the Irwindale Personnel Rules.

With respect to buy back of unused sick leave, Employee, upon termination or cash in request, shall be provided sick leave buy back at the following rates:
over 950 hours 25% of total sick leave value
571 - 950 days 50% of total sick leave value
1" 570 hours 75% of total sick leave value
Employee must maintain a minimum balance of 80 hours of sick leave after any

01005.0004/1007418.4
cash out of sick leave in order to be eligible for cash out of sick leave. Employee may use up to forty (40) hours of sick leave as “personal leave” per calendar year. The appropriate use of personal leave shall be limited to situations such as lawyer’s appointments, drivers license renewal, home repair appointments, domestic situations not involving family illnesses, and business appointments which normally cannot be done at other non-work times. However, in no event shall personal leave be used to extend vacation time.

E. Section 6.13 Bereavement Leave. Employee shall be entitled to such bereavement leave equal to four (4) days, totaling not more than 40 hours (4 days x 10 hours per work day).

Consistent with the City’s Bereavement Leave Policy, Employee shall be entitled to bereavement leave equal to five (5) working days, of which no more than forty (40) hours would be paid per incident. If Employee requires more than forty (40) hours for bereavement, Employee may use vacation leave, executive leave, or sick leave available to the Employee, with prior approval, where appropriate.

F. Section 6.14 Administrative Leave. Employee shall accrue administrative leave at the rate of sixty (60) hours per year, which hours shall be credited to Employee the first pay period in January of each calendar year. Administrative leave hours shall be used prior to any floating holiday hours and accrued vacation leave hours available to Employee. Administrative leave shall not be carried over from year- to- year. Any and all unused administrative leave hours will be cashed out and included in the first paycheck in January of the following calendar year.

Additionally, any unused administrative leave hours shall be cashed out upon separation of Employee. Employee shall be entitled to utilize an additional ten (10) hours, for a total of seventy (70) hours of administrative leave per calendar year. Employee expressly agrees and waives any claim to compensation for the administrative leave. The Parties agree that administrative leave shall not vest, and these hours must be used within the calendar year credited, and shall not be cashed out or carried over.

SECTION 3. Except as expressly amended by this Amendment No. 1, all provisions of the Agreement, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

IN WITNESS WHEREOF, the CITY OF IRWINDALE has caused this Amendment No. 1 to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this Amendment No. 1, all in triplicate.
[SIGNATURES ON FOLLOWING PAGE]

01005.0004/1007418.4

CITY OF IRWINDALE
Albert F. Ambriz, Mayor
ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

Adrian Guerra, City Attorney
[pks]

EMPLOYEE
Julia A. Miranda

Item #20.F.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Resolution Accepting a Memorandum of Understanding for Employees Represented by the Irwindale Management Employees Association ("IMEA") City Manager's Recommendation:

Adopt Resolution No. 2024-61-3538 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION (“IMEA”), FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027.”
Administrative Action:

Submitted by:

Julian A. Miranda, Cty Manager
Prepared by:

Mary Hull, HR/Risk Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Management Employees Association (“IMEA”) Memorandum of Understanding (“MOU”) with the City of Irwindale (“City”) expired on June 30, 2024. Pursuant to the Meyers-Milias-Brown Act ("MMBA"), representatives from the City and IMEA commenced negotiations for a successor MOU in March 2024.

The City Council established several important policy objectives for the negotiation team, such as maintaining the ability to attract and retain skilled and experienced personnel, managing increasing pension costs, and reducing long-term expenditures for the City. Through good faith negotiations, the parties have reached a Tentative Agreement for a Successor MOU extending from July 1, 2024, to June 30, 2027.

The proposed MOU provides that IMEA members will contribute additional amounts towards the City’s required employer contribution to CalPERS and PARS pension costs. The cost-sharing contributions will be phased in annually throughout the contract. In turn, the proposed contract establishes cost of living adjustments in each year of the contract. The cost of living adjustments and employee cost-sharing contributions are shown below:
• Year One: 5% cost of living adjustment in exchange for a 2.1% increase in employee contribution towards the PARS retirement enhancement benefit for those miscellaneous employees hired prior to January 1, 2011.
o 5% cost of living adjustment is retroactive to August 4, 2024, which is the first full pay period following signing of the Tentative Agreement.
• Year Two: 4% cost of living adjustment in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members
o .5% for Miscellaneous PEPRA Members
o 1.5% for Sworn Classic Members
o 1% for Sworn PEPRA members
• Year Three: 3.5% cost of living adjustment to salary in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members

o .5% for Miscellaneous PEPRA Members
o 1.5% for Sworn Classic Members
o 1% for Sworn PEPRA members
In addition to the cost of living adjustments and employee cost-sharing contributions to CalPERS and PARS, other key components include:
• Deferred compensation match of up to $100 per month
• Increase in reimbursement for safety shoes/boots for certain classifications • Use of 40 hours of sick leave for personal leave
• Reduce call-in pay from 4 hours to 3 hours for non-exempt employees • Cap on vacation leave accrual at 350 hours
• Elimination of sick leave cash out for new employees
• Increase Administrative Leave to 40 hours per calendar year – must be used in the year credited and will not be paid out or carried forward
The proposed MOU also includes non-substantive revisions to comply with updated laws and clean-up language to accurately reflect current practices and procedures.

On July 31, 2024, the IMEA membership voted to accept the proposed terms and conditions of their successor MOU.

Fiscal Impact:

The total cost of implementing the MOU with the IMEA is projected at $589,341 over the three-year term. This amount includes all additional compensation and benefits as well as cost savings associated with employee pension cost sharing.

The projected cost of implementation is as follows:

Implementation Period General Fund Cost Other Funds Cost Total Cost Year One (July 1, 2024 – June 30, 2025) $162,968 $83,953 $246,921 Year Two (July 1, 2025 – June 30, 2026) $119,275 $61,445 $180,720 Year Three (July 1, 2026 – June 30, 2027) $106,722 $54,978 $161,700 A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year budget. Funding for FY 2025-26 and 2026-27 will be incorporated into the City’s future budgets.

Attachments:

1. Resolution No. 2024-61-3538

Resolution No. 2024-61-3538

WHEREAS, the City of Irwindale (“City”) has and continues to recognize the Irwindale Management Employees Association (“IMEA”) as the sole exclusive bargaining agent for certain City employees designated as regular full-time mid-management and professional employees, who are not at-will or covered by individual contracts, for all matters concerning wages, hours, and working conditions; and
WHEREAS, the most current Memorandum of Understanding (“MOU”) between the City and IMEA for the period of July 1, 2021 to June 30, 2024 is now expired; and WHEREAS, the City’s labor relations representatives and IMEA representatives have successfully met and conferred to negotiate a successor MOU between the parties, pursuant to both the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq.)(“MMBA”) and the City’s Employer-Employee Relations Resolution (Resolution No. 98-05-1566), and have jointly prepared a Successor MOU between the City and IMEA for the period July 1, 2024 through and including June 30, 2027, which was ratified by a vote of IMEA membership on July 31, 2024, subject to formal acceptance, approval, and adoption by the City Council; and WHEREAS, once approved by the governing body of a local agency, the MOU becomes a binding agreement between the employee organization and the local agency; and WHEREAS, the City Council now desires to accept, approve, and adopt the Successor MOU between the City and IMEA for the period July 1, 2024 through and including June 30, 2027; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council accepts, approves, and adopts the Memorandum of Understanding between the City of Irwindale and the Irwindale Management Employees Association (IMEA), for the period of July 1, 2024 through June 30, 2027, a copy of which is attached hereto as Attachment 1, and the City Manager is hereby authorized and directed to execute the same.

SECTION 3. This Resolution shall be effective immediately upon its passage and adoption. The Chief Deputy City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 28th day of August 2024.

RESOLUTION NO. 2024-61-3538

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE

IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION (IMEA),
FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027

Resolution No. 2024-61-3538

____________________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk
State of California }
County of Los Angeles } ss.

City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-61-3538 was duly introduced at a regular meeting of the Irwindale City Council held on the 28th day of August 2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF IRWINDALE AND

THE IRWINDALE MANAGEMENT EMPLOYEES ASSOCIATION
JULY 1, 2024 – JUNE 30, 2027

Table of Contents
ARTICLE 01 RECOGNITION OF THE ORGANIZATION ......................................................... 1 UNIT & UNION RECOGNITION ................................................. 1 FILING OF PETITIONS .............................................................. 1 ARTICLE 02 TERM OF MOU.................................................................................................... 1 TERM ESTABLISHED................................................................ 1 ARTICLE 03 SCOPE OF BARGAINING................................................................................... 1

AGREED SUBJECTS OUTSIDE SCOPE OF
BARGAINING ............................................................................. 1 ARTICLE 04 EMPLOYEE ORGANIZATION RIGHTS................................................................ 3 MEMBERSHIP AND DUES DEDUCTION.................................. 3 INDEMNIFICATION OF CITY..................................................... 3 REPRESENTATIVES' RIGHTS.................................................. 3 ALLOWED TIME FOR REPRESENTATIVES ............................ 4

ACCESS TO NEW EMPLOYEE ORIENTATIONS AND

PROVISION OF NEW EMPLOYEE INFORMATION (AB
119 PROVISIONS) ..................................................................... 4 ARTICLE 05 NO STRIKE - NO LOCKOUT PLEDGE .............................................................. 5

EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
.................................................................................................... 5 CITY PROHIBITED CONDUCT.................................................. 5 EMPLOYEE ORGANIZATION RESPONSIBILITY ..................... 5 CITY RIGHTS ............................................................................. 5 ARTICLE 06 BASIC COMPENSATION PLAN & OTHER BENEFITS....................................... 5 BASIC COMPENSATION PLAN................................................. 5 LEVEL OF COMPENSATION..................................................... 5 SALARY AND WAGE SCHEDULES .......................................... 6 EDUCATION INCENTIVE PAY .................................................. 6 ANNUAL SERVICE AWARD PAY.............................................. 7 BILINGUAL BONUS PAY ........................................................... 7 CELL PHONES........................................................................... 7 SICK LEAVE ACCRUAL............................................................. 8 PERSONAL LEAVE.................................................................... 8 VACATION ACCRUAL ............................................................... 8 CASH-OUT OF VACATION AND SICK LEAVE ......................... 9 HOLIDAY DATES ..................................................................... 10 FLOATING HOLIDAY ............................................................... 10 ADMINISTRATIVE LEAVE ....................................................... 11 HIGHER CLASSIFICATION PAY ............................................. 11 ARTICLE 07 HOURS AND WORK SCHEDULES .................................................................. 11 NORMAL WORKWEEK............................................................ 11 ALTERNATIVE 4/10 WORK SCHEDULE................................. 12

BEREAVEMENT LEAVE .......................................................... 12 OVERTIME ............................................................................... 12 COMPENSATORY LEAVE....................................................... 13 JURY DUTY.............................................................................. 13 WITNESS LEAVE..................................................................... 13 INJURY ON DUTY.................................................................... 13 CALL IN/CALL BACK PAY ....................................................... 13 ARTICLE 08 INSURANCE AND RELATED BENEFITS......................................................... 14 MEDICAL BENEFITS ............................................................... 14 DENTAL BENEFITS ................................................................. 14 VISION BENEFITS ................................................................... 14 GROUP LIFE INSURANCE...................................................... 14

ACCIDENTAL DEATH & DISMEMBERMENT POLICY
(AD&D)...................................................................................... 14

ADDITIONAL VOLUNTARY LIFE AND AD&D
COVERAGE.............................................................................. 14 IRS SECTION 125 AND 129 PROGRAM................................. 15 EAP PROGRAM ....................................................................... 15 STATE DISABILITY INSURANCE............................................ 15

MEDICAL, DENTAL & VISION INSURANCE PREMIUM
OPT-OUT.................................................................................. 15 ARTICLE 09 RETIREMENT BENEFIT.................................................................................... 16 SECTION 09.01 CalPERS MEMBERSHIP.......................................................... 16 PARS MEMBERSHIP............................................................... 19 RETIREE MEDICAL ................................................................. 19 DEFERRED COMPENSATION PROGRAM ............................ 20 ARTICLE 10 MISCELLANEOUS PROVISIONS..................................................................... 20 DIRECT DEPOSIT REQUIREMENT ........................................ 20 TUITION REIMBURSEMENT................................................... 20 UNIFORM ALLOWANCE.......................................................... 21

UNIFORM ALLOWANCE FOR POLICE SWORN
EMPLOYEE .............................................................................. 21 POLICE OFFICER SIDEARMS ................................................ 21 ARTICLE 11 COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING.............. 22 COMPLETION OF NEGOTIATIONS........................................ 22 FULL INTEGRATION................................................................ 22 REOPENERS ........................................................................... 22 ARTICLE 12 EMERGENCY WAIVER PROVISION................................................................ 23 WAIVER GRANTED ................................................................. 23 ARTICLE 13 DRAFTING PROVISIONS ................................................................................. 23 SEVERABILITY DECLARED.................................................... 23 JOINT DRAFTING .................................................................... 23 MODIFICATION........................................................................ 23

ARTICLE 14 RATIFICATION AND EXECUTION ................................................................... 23 ATTACHMENT “A” IMEA UNIT MEMBERS
ATTACHMENT “A-1” SALARY SCHEDULE EFFECTIVE AUGUST 4, 2024 ATTACHMENT “A-2” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2025
ATTACHMENT “A-3” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2026

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 01

RECOGNITION OF THE ORGANIZATION

UNIT & UNION RECOGNITION
For the purposes of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq.), City rules, regulations, and/or laws affecting wages, hours, and other terms and conditions of employment, the City of Irwindale (hereinafter referred to as the "City") hereby affirms its recognition of the Irwindale Management Employees Association (hereinafter referred to, along with any successor organizations, as the "Recognized Employee Organization"), an unincorporated association, as the exclusive recognized employee organization for the Management Unit, consisting of all regular full-time mid-management and professional employees, who are not at-will or covered by individual contract, and who are designated by the classifications set forth in Attachment "A" hereto (hereinafter referred to as the "Unit").

FILING OF PETITIONS
This Memorandum of Understanding (hereinafter referred to as the "MOU") shall bar the filing of a Petition of Certification or Petition for Decertification of a recognized employee organization for the above identified employee representation unit during the term of this MOU; except that a Petition for Certification or a Petition for Decertification may be filed with the City Clerk of the City during a period beginning not earlier than one hundred and fifty (150) calendar days and ending not less than ninety (90) calendar days before expiration of said MOU.

ARTICLE 02

TERM OF MOU

TERM ESTABLISHED
The term of this MOU shall be effective from and after July 1, 2024 and shall expire at midnight on June 30, 2027.

ARTICLE 03

SCOPE OF BARGAINING

AGREED SUBJECTS OUTSIDE SCOPE OF BARGAINING
The parties hereto agree that the City shall have the right to unilaterally make decisions on all subjects that are outside the scope of bargaining, except those subjects, which have not been expressly abridged by specific provisions of this MOU or by law. Those subjects agreed by the parties to be outside the scope of bargaining shall include, but are not to be limited to, the following:

A. Determine issues of policy and make management decisions; B. Take any and all necessary action to carry out the mission of the City in emergencies;
C. Determine the mission of the City's constituent departments, divisions, boards, commissions and committees;

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 D. Determine the existence or nonexistence of facts which are the basis of any management decision;
E. Determine the necessity, organization or level of any service or activity conducted by the City and to expand or diminish such services or activities; F. Determine the nature, manner, means and technology and extent of services to be provided to the public;
G. Determine and/or establish types of equipment or technology to be used; H. Determine and/or change the facilities, methods, technology, means, and size of the work force by which City operations are to be conducted; I. Determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions; J. Determine policies, procedures and standards pertaining to City operations and activities;
K. Determine and/or establish methods of financing;
L. Hire, transfer, promote and demote Unit members for non-disciplinary reasons, in accordance with this MOU and the City Personnel Rules and Regulations; M. Determine the need and use of personnel information for Unit members and the means by which the information is to be provided, with Unit members retaining their rights to privacy as provided by law.

N. Determine and/or modify Unit member job qualifications and/or classifications; O. Determine and/or change work assignments for Unit members in accordance with requirements as determined by the City;
P. Determine Unit member performance standards, including but not limited to quality and quantity standards, and to require compliance therewith; Q. Relieve Unit members from duties for lack of work or similar non-disciplinary reasons;
R. Discharge, suspend, demote or otherwise discipline Unit members for proper cause, subject to Unit member's appropriate rights of appeal; and S. Determine and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this MOU.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 04

EMPLOYEE ORGANIZATION RIGHTS

MEMBERSHIP AND DUES DEDUCTION
Recognized Employee Organization is the exclusive bargaining agent for the Unit and shall have the sole and exclusive right to have membership dues and other authorized payments deducted for member employees covered by this Agreement by the City.

Recognized Employee Organization shall certify that it has and will maintain authorizations signed by each member employee for the deduction of membership dues and other authorized payments, and shall provide the certification to the City on an annual basis. Recognized Employee Organization shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or the terms of the authorization.

Upon the receipt of such certification from Recognized Employee Organization, the City shall provide for payroll deductions on the first and second paychecks of each month (twenty-four (24) times per calendar year) of Recognized Employee Organization's dues and other authorized payments, in the amount certified to be current by Recognized Employee Organization. The City shall remit the total amount of deductions and authorized payments to Recognized Employee Organization on a monthly basis. The City shall make, cancel, or change membership dues and other authorized payments only upon receipt of certification from Recognized Employee Organization, and shall decline to make, cancel, or change membership dues and other authorized payments from any individual employee. Any change or cancellation in dues deductions shall be certified and provided to the City within thirty (30) days prior to the effective date of such change or cancellation. Recognized Employee Organization shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other authorized payments pursuant to this Article. If Recognized Employee Organization does not notify the City of any discrepancy within ten (10) days, then the City shall be relieved of any responsibility.

Membership within and/or payment of any dues or fees to Recognized Employee Organization shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining Recognized Employee Organization.

INDEMNIFICATION OF CITY
Recognized Employee Organization agrees to hold the City harmless and to indemnify the City against any claims, causes of actions, or lawsuits arising out of the deduction or transmittal of such funds to the Recognized Employee Organization caused by the Recognized Employee Organization's negligence.

REPRESENTATIVES' RIGHTS
The Recognized Employee Organization may select a total of four (4) representatives for the Unit.

The Recognized Employee Organization shall give to the City a written list of Unit members who have been selected as representatives. The Recognized Employee Organization shall keep this list current.

Representatives may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances without loss of pay or benefits of any kind. To investigate and process means to discuss the matter with the grievant, record information, advise or recommend

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 action, assist in the completion of documents necessary for the formal grievance processing, investigate allegations which may form the basis for the grievance, and, if so requested, appear with the grievant at the first formal level of grievance resolution. Representatives shall be free from reprisal and shall not in any way be coerced, intimidated or discriminated against as a result of their activities and roles as representatives.

Representatives shall notify and obtain permission from their department head before leaving their work to transact any employee organization business. Permission will be granted promptly unless such absence would cause an undue interruption of work. Upon entering another represented Unit member's workplace on employee organization business, the representative shall obtain permission from the Unit member's department director. If such permission cannot be granted promptly, the representative will be immediately informed when the time will be available.

The Recognized Employee Organization agrees that a representative shall not log compensatory time or overtime pay for the time spent performing any function of a representative. Both permission and denial of a request to leave a work location by a representative shall be recorded with a signature by the immediate supervisor. Notations as to the reasons for a possible denial of the request and the time when time may be expected to be made available should be recorded.

The role of the representative is to provide timely grievance representation at the first steps of the grievance procedure in an effort to resolve grievances at the lowest possible level and to increase communications between the City and the Recognized Employee Organization.

ALLOWED TIME FOR REPRESENTATIVES
The City agrees to allow representatives an average of two (2) hours per month to transact and discuss employee organization business during their regular working hours, unless prior approval of an amount greater than two (2) hours has been given by the City Manager or designee, subject to absences from the assigned work being approved by the Unit member's department director with permission being granted promptly unless such absence would cause an undue interruption of work.

ACCESS TO NEW EMPLOYEE ORIENTATIONS AND PROVISION OF
NEW EMPLOYEE INFORMATION (AB 119 PROVISIONS)
The City will notify the Recognized Employee Organization President in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Recognized Employee Organization President with the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

The Recognized Employee Organization shall be permitted one (1) hour for each orientation session to talk to new Unit members to explain the rights and benefits under the MOU.

The City will provide the Recognized Employee Organization President a quarterly list of all employees in the Unit, including the employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 05

NO STRIKE - NO LOCKOUT PLEDGE

EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
The Recognized Employee Organization, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause nor condone any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any Unit member shall constitute a just cause for discipline pursuant to Article 5.03 herein. Taking joint action or joining other employee organizations to engage in such activity is included in this prohibition.

CITY PROHIBITED CONDUCT
The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this MOU or applicable ordinance or law.

EMPLOYEE ORGANIZATION RESPONSIBILITY
In the event that the Recognized Employee Organization, its officers, agents, representatives, and/or members engage in any of the conduct prohibited in Section 05.01 herein, the Recognized Employee Organization shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and require that all such persons immediately cease engaging in conduct prohibited in Section 05.01 herein, and return to work.

If Recognized Employee Organization acts in good faith to meet its responsibilities as set forth above, then Recognized Employee Organization, its officers, agents, representatives and its members shall not be liable for any damages for prohibited conduct engaged in by any Unit members who are covered by this MOU.

CITY RIGHTS
Notwithstanding Section 05.03 herein, the City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article against the Recognized Employee Organization, its officers, agents, representatives or members.

ARTICLE 06

BASIC COMPENSATION PLAN & OTHER BENEFITS

BASIC COMPENSATION PLAN
The City has established a basic compensation plan through Council Resolution for all represented Unit members listed in Attachment "A" hereto.

LEVEL OF COMPENSATION
The level of compensation shall be determined on a merit basis and Unit members shall initially be placed at the time of appointment by the City Manager or designee at a level of compensation not to exceed that which is established in the compensation resolution. No merit increases

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 granted may exceed the maximum of the duly established range. No merit increases or any other salary adjustments shall be granted without a current performance evaluation.

SALARY AND WAGE SCHEDULES
A. FY 2024-25: Effective August 4, 2024, there shall be a five percent (5%) acrossthe board base salary cost of living adjustment (“COLA”) increase for all employee classifications in the IMEA bargaining unit. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-1.

B. FY 2025-26: Effective the first payroll period commencing on or after July 1, 2025, there shall be a four percent (4%) across-the board base salary COLA increase for all classifications in the IMEA bargaining unit. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-2.

C. FY 2026-27: Effective the first payroll period commencing on or after July 1, 2026, there shall be a three and a half percent (3.5%) across-the board base salary COLA increase for all employee classifications in the IMEA bargaining unit.

Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-3.

EDUCATION INCENTIVE PAY
A. Non-sworn Unit members shall be provided an education incentive as follows:

1. Unit members with A.A./A.S. degrees or Junior status at college or university. Unit members who have been awarded at minimum an Associate in Arts (“AA”) degree, an Associate of Science (“A.S.) degree or achieved at least “Junior” year status or higher at a four year college or university will receive an additional one thousand two hundred dollars ($1,200) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

2. Unit members with B.A/B.S. degrees. Unit members who have been awarded a Bachelors of Arts (“B.A.”) or Bachelors of Science (“B.S.”) degree will receive an additional one thousand five hundred dollars ($1,500) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

3. Unit members with Master’s degree. Unit members who have a Master’s degree will receive an additional one thousand eight hundred dollars ($1,800) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027

4. Unit members without a degree or less than Junior status at college or university. Unit members who do not meet the degree or educational requirement in subsections 1-3 above, shall be provided an education incentive at a rate of five dollars ($5.00) per month for each three (3) units completed, up to a maximum of one-hundred dollars ($100.00) per month for courses taken while employed with the City. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

B. Sworn Unit members shall be entitled to receive education incentive bonus pay in addition to basic compensation (with a maximum educational incentive bonus of fifteen percent (15%) of basic compensation) for obtaining California Police Officers Standards and Training (P.O.S.T.) Certificates and College or University degrees as set forth by the percentages of basic compensation listed below (but with no doubling of degrees such as two BA degrees, two MA degrees, etc.):

2.5% Bonus for each Intermediate Certificate;

2.5% Bonus for each Advanced Certificate;

2.5% Bonus for each Supervisory Certificate;

2.5% Bonus for Post Management Certificate or AA/AS
degree;

2.5% Bonus for each BA/BS degree;

2.5% Bonus for each MA/MS degree.
15% Maximum educational incentive bonus
Effective September 1, 2024, the effective date of the incentive pay will be the date on the proof of education or certificate and will be retroactive to no more than thirty (30) days from when proof of education or certificate is received by Human Resources.

ANNUAL SERVICE AWARD PAY
Unit members shall be entitled on each qualifying Unit member’s fifth (5th) consecutive employment year to “Annual Service Award” pay of thirty dollars ($30.00) for each year worked, which shall be paid in December of the qualifying year at the Annual Employee Service Award Luncheon. If there is no Award Luncheon planned for the year, payment of the service award on a separate check shall coincide with the first paycheck in December of the qualifying year. The Unit member must still be employed by the City at the time of the payment to be eligible for this Annual Service Award pay.

BILINGUAL BONUS PAY
Unit members shall be paid bilingual pay at a rate of two and one-half percent (2.5%) of the Unit members’ basic rate of pay upon passing a verbal bilingual exam. The Unit member may take a bilingual exam when hired or twice a year when the City offers bilingual exams. Bilingual bonus pay will be paid per pay period to those Unit members who prove proficient in Spanish and/or American Sign Language, and are required to use such languages during the course of City business. The City shall determine qualification requirements and the appropriate exam.

CELL PHONES
Department directors will determine which employee classifications will be issued a City provided and paid for cell phone based on a determination by the department director that the employee’s use of a cell phone is required in order to carry out official City duties.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027

SICK LEAVE ACCRUAL
Unit members shall accrue sick leave at the rate of 3.693 hours bi-weekly. All full-time regular and probationary Unit members are eligible to use sick leave beginning on the ninetieth (90th) day of employment. Any request for use prior to the ninetieth (90th) day of employment will require prior approval of the Unit member's department director and the City Manager or designee. Use of sick leave shall be in accordance with City Personnel Rules Section 14.20, except as otherwise stated in Section 06.09 - Personal Leave.

PERSONAL LEAVE
Effective September 1, 2024, upon request and with department director pre-approval, Unit members may use up to forty (40) hours of sick leave as “Personal Leave” per calendar year. The appropriate use of Personal Leave may include such situations as lawyer’s appointments, driver license renewal, home repair appointments, domestic situations not involving family illnesses, and business appointments which normally cannot be done at other non-work times. It shall not be used to extend vacation time.

VACATION ACCRUAL
Unit members shall accrue vacation leave in accordance with the formula below. The number of hours accrued bi-weekly is as follows:

Years of Service Hours Accrued Bi-Weekly
0-4 3.693
5 4.616
10 4.923
11 5.231
12 5.539
13 6.154
Accrual at the next highest incremental rate shall begin with the next pay period following the Unit member’s anniversary date of commencement of full-time continuous employment with the City.

Effective September 1, 2024, hours accrued over two hundred seventy-five (275) shall be cashed out at one hundred percent (100%) to be included in the first paycheck in January 2025.

Effective January 1, 2025 and going forward, the cap on vacation accrual shall be three hundred fifty (350) hours. Once an employee has accumulated the maximum accrual amount of three hundred fifty (350) hours, no more vacation leave will be accrued by the employee until the accrual has been reduced below the cap. However, when due to work circumstances and needs of the department, an employee is unable to utilize vacation leave, they shall request approval for excess accumulated vacation. The City Manager or designee will not unreasonably deny such request, provided the employee reduces this total below the cap within six (6) months.

A probationary Unit member shall not be eligible to utilize vacation leave during the first six (6) months of initial full-time employment with the City except with the prior approval of the Unit member's department director and the City Manager or designee.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027

CASH-OUT OF VACATION AND SICK LEAVE
Annual elective cash-out of vacation and sick leave accruals shall be limited to a maximum of one hundred (100) total hours per calendar year of accrued vacation or sick leave to be converted, and, in compliance with Department of Treasury, Internal Revenue Service (“IRS”) regulations (section 1.451-1(a)) must comply with the following:

A. Any vacation or sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 15th of the calendar year prior to the calendar year in which the Employee wishes to convert such vacation or sick leave.

B. All vacation and/or sick leave conversion elections are irrevocable and cannot be changed or amended unless a written rescission is received by Human Resources no later than December 15th of the calendar year prior to conversion.

C. Unit members who fail to submit an election by December 15th of the calendar year prior to the conversion will not be eligible for vacation and/or sick leave to be converted to cash for that calendar year.

D. Payments for accrued vacation and/or sick leave conversion to cash shall be made by separate check four (4) times a year (first pay period in September, December, March, and June).

E. Unit members will be eligible for partial conversion to cash if the full amount of hours elected are not available at the elected time of cash out.

F. Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than eighty (80) hours.

G. Effective January 1, 2025 and going forward, Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than two hundred (200) hours.

The parties hereto modify/clarify the City’s Personnel Rules Section 14.20.4 such that the City agrees to provide Sick Leave cash out upon an employee’s separation or elective cash out request, as follows:

Unit members hired on or after August 29, 2024, shall not be eligible for elective sick leave cash out or cash out of sick leave upon separation of employment or retirement from the City.

Unit members hired on or after August 29, 2024, shall be eligible to bring with them up to one hundred (100) hours of sick leave from their prior employer, so long as the new employee’s prior employer did not compensate the employee for their sick leave bank.

Effective August 29, 2024 and going forward, Unit members who are terminated for cause shall not be eligible for any sick leave cash out upon termination of employment. 25% over 800 hours
50% 481-800 hours
75% 1st 480 hours

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 The parties hereto modify/clarify the City’s Personnel Rules Section 14.15.4 such that cash out of both vacation and sick leave shall be paid at the Unit member's "basic rate of pay" as opposed to "regular rate of pay."
The cash out limit of one hundred (100) hours per calendar year shall not apply to any cash out of vacation or sick leave upon separation of employment or retirement from the City.

HOLIDAY DATES
All Unit members shall have the following designated holidays. It should be understood that other employee groups may follow a different holiday schedule depending on days and hours worked.

These provisions shall supersede any of the City Personnel Rules governing the matters addressed in this Section.
1 New Year's Day January 1
2 Martin Luther King Jr. Day Third Monday in January
3 President’s Day Third Monday in February
4 Cesar Chavez Day March 31
5 Memorial Day Last Monday in May
6 Independence Day July 4
7 Labor Day First Monday in September
8 Veterans Day November 11
9 Thanksgiving Day Fourth Thursday in November
10 Day After Thanksgiving Day Fourth Friday in November 11 Christmas Eve (1/2 Day) December 24
12 Christmas December 25
13 New Year's Eve (1/2 Day) December 31
If any of the foregoing holidays fall on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. For any holiday that falls on a Sunday, it will be at the City Manager's or designee’s discretion as to whether it will be observed on the following Monday.

FLOATING HOLIDAY
Unit members shall have a total bank of one hundred forty (140) hours per calendar year available to them for holidays. When any of the above-listed holiday falls on a regular workday or in the case of a Sunday holiday which is celebrated on the following Monday as determined by the City Manager or designee, eight (8) to ten (10) hours, depending on Unit member’s regular work hours, will be deducted from the holiday bank of hours for each such holiday, and the holiday will be celebrated in the normal manner. At the beginning of each calendar year, the City will determine and distribute its holiday schedule. Based thereon, the total number of holidays will be deducted from the holiday bank of hours. Each Unit member will then be credited with the balance of the remaining one hundred forty (140) holiday bank hours, which may be used as floating holiday hours in a manner similar to that of vacation leave hours. All floating holiday hours must be used in the calendar year in which they were credited to the Unit member. Any floating holiday hours not used by the end of the calendar year will be cashed out and included in the first paycheck in January of the following year.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027

ADMINISTRATIVE LEAVE
Effective September 1, 2024, Unit members considered exempt under the federal Fair Labor Standards Act (FLSA) shall each be credited administrative leave of forty (40) hours each calendar year. All administrative leave hours must be used in the calendar year in which they were credited to the Unit member. Administrative leave has no cash value and shall not be paid out or carried forward; and therefore, agreement to this section constitutes a waiver of Labor Code Section 227.3.

The policy set by the 2008 Partial Day Absences for Exempt Employees Memo (no leave deduction for absences lasting less than four hours in a single workday) is eliminated and, instead, Unit members will have hour-for-hour deductions to leave banks. In partial recognition of prolonged, uncommon, or exceptional hours of work beyond the standard work expectations for exempt Unit members, department directors may, at their sole discretion, adjust employees’ work hours and allow exempt Unit members to take time off without using accrued leave.

HIGHER CLASSIFICATION PAY
Any Unit member requested to work in a higher classification job for more than one (1) consecutive week shall be paid, upon the second consecutive week working in the higher classification job, a five percent (5%) base salary increase or step one of the higher classification range, whichever is greater. The higher classification pay shall be applied to the entire compensable period the employee worked at the higher classification job and shall be paid retroactive back to the first day of such higher classification work. An employee will be considered to have engaged in performing services in a higher classification job where it is determined that fifty percent (50%) or more of the employee’s daily work has been undertaken in the performance of duties that are within the job classification of the higher position and which are not in the job classification of the employee’s current classification.

ARTICLE 07

HOURS AND WORK SCHEDULES

NORMAL WORKWEEK
The City Personnel Rules Section 6.05 defines the City's normal forty (40) hour workweek and provides for alternative workweek scheduling, as described more fully below.

At the end of the calendar year, the City Manager or designee and the City Council may authorize the closure of some City facilities for a period not to exceed three (3) weeks. During this period of time, payment of base salaries shall be suspended. However, the employee shall continue to accrue benefits such as leave time, and City-funded benefits including but not limited to funding of insurance, shall continue in effect. During said period of time, individual employees may elect to compensate themselves by means of use of earned and accrued compensatory time off, earned and accrued administrative leave, earned and accrued vacation, or earned and accrued floating holiday time. The City Manager or designee may authorize, on a case-by-case basis, an impacted employee to work during the end-of-year closure to meet critical work deadlines or demands.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 ALTERNATIVE 4/10 WORK SCHEDULE
Unit members may be on any of the following alternative 4/10 work week schedules:

A. On a 4/40 work schedule, commencing on Monday and concluding on Thursday, or commencing on Tuesday and concluding on Friday, of each calendar week, and that each work day shall consist of ten (10) hours worked per day.

B. On a 9/80 work schedule, commencing on Monday and concluding on Thursday of each calendar week, working nine (9) hours per day, with every other Friday off. On the Fridays that the Unit member is working, the work day shall consist of eight (8) hours worked per day.

C. On a 5/40 work schedule, commencing on Monday and concluding on Friday of each calendar week, and that the work days shall consist of eight (8) hours worked per day.

Non-exempt Unit members will be provided two (2) fifteen (15)-minute rest periods during the day and one (1) thirty (30)-minute unpaid lunch period. Scheduling of rest and lunch periods shall be at the sole discretion of the Unit member's department director, but in no case shall the Unit member be denied either a lunch or rest period. Employees shall be allowed to combine the two fifteen (15) minute paid rest periods with the thirty (30) minute unpaid lunch, for a one (1) hour lunch period. Rest periods are not cumulative beyond the scheduled workday within which the rest periods occur. Lunch periods shall also not be used to shorten the work day.

BEREAVEMENT LEAVE
Consistent with the City’s Bereavement Leave Policy, Unit members shall be entitled to bereavement leave of up to five (5) working days (no more than forty (40) hours of which would be paid) per incident. If the unit member requires more than forty (40) hours for bereavement, they may use vacation leave, sick leave, or compensatory time off that is otherwise available to the unit member with prior approval, where appropriate.

OVERTIME
For purposes of calculating Unit member entitlement to overtime pay and/or compensatory time pursuant to the Federal Fair Labor Standards Act (“FLSA”) for non-exempt Unit members, the work week shall consist of forty (40) work hours worked per week according to the 4/40, 9/80, or 5/40 work week schedule set forth above. Any non-exempt Unit member covered by this MOU who works in excess of forty (40) hours in any work week shall be entitled to overtime pay and/or compensatory time, according to the method then in effect to compensate Unit members for overtime worked. Floating Holiday hours, sick leave hours, vacation, or compensatory time used, will not be included as time worked for purposes of calculating FLSA overtime. Legal holidays, for which City Offices are closed, will not be recognized as time worked for purposes of calculating overtime. Unit members who work on designated City holidays shall be paid at time and a half.

However, if the Unit member calls in sick the day before or the day after a legal holiday, that Unit member will only receive overtime based on actual hours worked.

All overtime worked in less than one (1) hour increments in a work shift shall be compensated in the following manner:

Time Worked Overtime Compensation
0-15 minutes .25 hour x 1.5

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027

COMPENSATORY LEAVE
City Personnel Rules Section 14.30 provides for compensatory leave. Eligible non-exempt Unit members may accrue a maximum of eighty (80) hours of compensatory leave.

JURY DUTY
Any Unit member summoned for jury duty shall be entitled to the Unit member's regular rate of pay for up to ten (10) work days, provided the Unit member deposits any fees for service, excluding mileage, with the City. If a Unit member on an alternative work schedule is summoned for jury duty, the department director or designee shall convert the Unit member’s usual work shift to a regular five (5) day Monday through Friday shift basis.

WITNESS LEAVE
The City Personnel Rules Section 7.05 JURY DUTY AND WITNESS LEAVE provides for witness leave as follows:
"Any employee required to be absent from work by proper subpoena issued by a court or other legally empowered agency, shall be entitled to be absent from work at the employee's regular rate of pay, provided that any fees, except mileage, are deposited with the City."

INJURY ON DUTY
Any Unit member considered non-exempt under the Federal Fair Labor Standards Act (FLSA) assigned to light-duty status, will generally be assigned to work their normal assigned workdays and hours. Any exceptions to this schedule may be made with appropriate advanced notice to the Unit member with approval of the department director or City Manager. Unit members on light-duty status are not authorized to work overtime or accrue compensatory time. Unit members will be paid for doctor appointments and/or treatment that occurs during light duty work hours, but not for appointments and/or treatment that occurs during their scheduled time off.

CALL IN/CALL BACK PAY
Effective September 1, 2024, any Unit member considered non-exempt under the Federal Fair Labor Standards Act (FLSA), called into work and who reports for said work on a day other than their regular scheduled workday, shall be entitled to a minimum of three (3) hours of work at the appropriate rate and shall perform such duties as assigned.

A non-exempt Unit member called back to work after they have completed a regular shift and has left the premises of the City, shall be entitled to a minimum of three (3) hours of work at time and one-half their regular rate of pay.

A non-exempt Unit member called to work within one (1) hour before the Unit member’s regular shift shall be covered by the overtime rules set forth above in the event the call-in time runs continuous with the Unit member’s regular shift. Otherwise, the call-back pay provisions above shall apply where there is a break in time between the call-back assignment and the start of the 16-30 minutes .50 hour x 1.5
31-45 minutes .75 hour x 1.5
46-60 minutes 1 hour x 1.5

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 Unit member’s regularly scheduled shift. In no event shall there be an overlap of time resulting in double payment of wages for the same time period nor shall a Unit member earn overtime for regularly scheduled work unless that regularly scheduled work exceeds forty (40) hours in a work week. If the Unit member is called to work more than one hour before the Unit member’s regular shift, the call-back pay provisions shall apply.

Any non-exempt Unit member who reports to work on a regularly scheduled workday and on time for work and is put to work shall be guaranteed a minimum of four (4) hours of work and shall be paid for the hours worked, except that Unit members who are scheduled to work less than four (4) hours for that day, will be paid only for time worked.

ARTICLE 08

INSURANCE AND RELATED BENEFITS

MEDICAL BENEFITS
Medical Benefits shall be under the CalPERS medical program. The City pays one hundred percent (100%) of the premium for any CalPERS medical plan for Unit members and their eligible dependents.

DENTAL BENEFITS
The City pays one hundred percent (100%) of the premium for one of two dental plans offered by the City for Unit members and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

VISION BENEFITS
The City pays one hundred percent (100%) of the premium for a vision plan for Unit members and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

GROUP LIFE INSURANCE
The City pays one hundred percent (100%) of the premium for a group life insurance policy for Unit members with a benefit coverage of one times the Unit member’s annual earnings (as defined in policy) to a maximum of one hundred thousand dollars ($100,000) and coverage for spouse and eligible dependent children of five thousand dollars ($5,000) each.

ACCIDENTAL DEATH & DISMEMBERMENT POLICY (AD&D)
The City pays one hundred percent (100%) of the premium for an AD&D policy for Unit members which provides benefit coverage of one (1) times annual base salary up to a maximum of one hundred thousand dollars ($100,000).

ADDITIONAL VOLUNTARY LIFE AND AD&D COVERAGE
The City offers additional benefit coverage for purchase by Unit members at said member's own expense.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 IRS SECTION 125 AND 129 PROGRAM
The City shall use its best efforts to establish and maintain a plan, to enable qualifying Unit members covered by this MOU to obtain the deductions set forth in § 125 and § 129 of the Internal Revenue Code as regards Health Care and Dependent Care Flexible Spending Accounts. Health Care FSA plans are governed by the rules of § 125 while Dependent Care FSA plans are governed by the rules of § 125 and § 129 of the Internal Revenue Code and both will be administered in accordance with those rules.

The maximum contribution amounts shall be established in accordance with applicable laws.

The City and the Recognized Employee Organization acknowledge and agree that, should the Internal Revenue Service determine that City has not or cannot develop or cannot maintain such a qualifying plan, City’s failure to do so shall not be deemed a breach of this MOU. The City and the Recognized Employee Organization further acknowledge and agree that City does not and shall not provide legal or tax advice to Unit members covered by this MOU as to whether dependent care and health care expenses are legally tax deductible to or by any such Unit member.

The § 125 and § 129 Program will be in full force and effect unless changed by mutual agreement of the City and Recognized Employee Organization. The Program shall be administered through a vendor selected at the City's sole discretion. While participation in the § 125 and § 129 Program is voluntary, all administrative costs for participation are to be paid by the City.

EAP PROGRAM
The City pays the premium for participation in an Employee Assistance Program for Unit members and their eligible dependents.

STATE DISABILITY INSURANCE
Unit members participate in the state-sponsored short-term disability program at no expense to the City.

MEDICAL, DENTAL & VISION INSURANCE PREMIUM OPT-OUT
Any Unit member covered hereunder who elects to opt-out of medical, dental & vision coverages offered by the City will be paid a cash benefit in lieu of said coverage equal to one half (1/2) of the average monthly cost to the City for single employee medical insurance coverage only (not including dental or vision), provided such Unit member can demonstrate, to the satisfaction of the City, that such Unit member has opted out of all three (3) coverages and can demonstrate, to the satisfaction of the City, that such Unit member has substantially equivalent medical coverages through some other insurance plan, which plan shall remain in full force and effect during the entire term of employment of such Unit member with the City. The City shall have the sole and unfettered right to determine whether a Unit member has satisfactorily demonstrated substantially equivalent medical coverage, and any such Unit member seeking reimbursement from the City must, at least annually, provide written proof of such substantially equivalent medical coverage in a form satisfactory to the City. Payment of this incentive pay shall be made bi-weekly through the regular payroll system.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 09

RETIREMENT BENEFIT
SECTION 09.01 CalPERS MEMBERSHIP
A. The following provisions in this Section “A” apply to unit members as defined by AB 340 (the California Public Employees’ Pension Reform Act of 2013,) as “classic” members of CalPERS.

The City is a contract member of the California Public Employees' Retirement System (CalPERS). Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and the California Public Employees' Retirement System heretofore approved by the City Council which includes the programs identified below which shall be maintained during the life of this MOU.

1. Section 21354: 2% @ 55 retirement benefit formula for Miscellaneous Unit members.

2. Section 21362.2: 3% @ 50 for Sworn Unit members.

3. Section 21574: Fourth Level 1959 Survivors Benefit
allowance.

4. Section 21024: Military Service as Public Service.

5. Section 20042: One Year Final Compensation (for Unit members hired before May 1, 2011).

6. Section 20037: Three Year Average Final Compensation (for Unit members hired on or after May 1, 2011).

7. Section 21427: Improved non-industrial disability
allowance.

8. Section 21624 & 21626: Post-retirement survivor
allowance.

9. Section 20965: Credit for unused sick leave.

Miscellaneous Classic Members - For Miscellaneous Unit members who are classic members of CalPERS, the City pays only the employer portion of the required contribution and not EPMC. The Unit member shall pay the full amount (seven percent (7%) of salary) of the employee contribution rate.

Cost Sharing
Effective with the start of the first full pay period in July 2025, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 be in addition to the seven percent (7%) statutory employee contribution already paid by the employee and will increase the employee’s contribution to a total of eight percent (8%).

Effective with the start of the first full pay period in July 2026, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable (for a total of two percent (2%) of compensation earnable) toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the eight percent (8%) employee contribution already being paid by the employee and will increase the employee’s contribution to a total of nine percent (9%).

Safety Classic Members - For Safety Unit members who are classic members of CalPERS, the City pays only the employer portion of the required contribution and not EPMC. The Unit member shall pay the full amount (nine percent (9%) of salary) of the employee contribution rate.

Cost Sharing
Effective with the start of the first full pay period in July 2025, classic sworn employees will contribute an additional one and a half percent (1.5%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the nine percent (9%) statutory employee contribution already being paid by the employee and will increase the employee’s contribution to a total of ten and one-half percent (10.5%).

Effective with the start of the first full pay period in July 2026, classic sworn employees will contribute an additional one and a half percent (1.5%) of compensation earnable (for a total of three percent (3%) of compensation earnable) toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the ten and one-half percent (10.5%) employee contribution already being paid by the employee and will increase the employee’s contribution to a total of twelve percent (12%).

B. AB 340 (as modified by AB 197) the California Public Employees’ Pension Reform Act of 2013 (PEPRA.)
AB 340, as it may from time to time exist, shall in its entirety be given full force and effect during and after the term of this MOU. Any provision in this MOU, which contradicts any provision of AB 340, shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU.

Unit members hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04, shall individually pay a CalPERS

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 contribution rate of fifty percent (50%) of the normal cost rate for the Defined Benefit Plan in which said ”new member” is enrolled, rounded to the nearest quarter percent (.25%), or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30) Unit members who are “new members” (miscellaneous employees) on and after January 1, 2013, shall be enrolled in the AB 340 provided for 2% @ 62 retirement formula (Govt. Code § 7522.20), and such “new members” who are safety employees shall be enrolled in the AB 340 provided for 2.7% @ 57 retirement formula (Section 7522.25.)
Cost Sharing
Effective with the start of the first full pay period in July 2025, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost to CalPERS via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty percent (50%) of normal cost already being paid by the employee to a total of fifty and a half percent (50.5%).

Effective with the start of the first full pay period in July 2026, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant an amendment to the City’s contract with CalPERS under to California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty and a half percent (50.5%) of normal cost already being paid by the employee to a total of fifty-one percent (51%).

Effective with the start of the first full pay period in July 2025, PEPRA sworn employees will contribute an additional one percent (1.0%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty percent (50%) of normal cost already paid by the employee to a total of fifty-one percent (51%).

Effective with the start of the first full pay period in July 2026, PEPRA sworn employees will contribute an additional one percent (1.0%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty-one percent (51%) of normal cost already being paid by the employee to a total of fifty-two percent (52%).

Unit members who are “new members” on and after January 1, 2013, shall have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.)
During the term of this MOU, the City shall initiate a CalPERS contract amendment so that the additional cost share percentages described above fall under California Government Code Section

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 20516(a). If for any reason the City is not able to make any of the cost sharing deductions set forth above, the cost sharing will be implemented outside of a PERS contract amendment as authorized by California Government Code Section 20516(f). The City and bargaining unit will take all actions necessary to implement the pension cost sharing agreement described here.

PARS MEMBERSHIP
Pursuant to Government Code §§ 53216 et seq., the City participates in the Public Agency Retirement Services (PARS) Retirement Enhancement Plan which affords miscellaneous Unit members the retirement benefit commonly referred to as “1% at 55.” The City pays on behalf of each eligible miscellaneous Unit member an amount sufficient to pay the full cost of the PARS retirement enhancement benefit. The City’s participation in PARS is in addition to, and not in lieu of, the City’s participation in the CalPERS programs identified in the preceding Section. The City's PARS participation shall continue in full force and effect during the term of this MOU.

Miscellaneous Unit members hired before January 1, 2007 shall have their PARS benefits vested after completing three (3) years of continuous employment with the City and service credit shall be given for previous employment with/by other agencies and/or cities. Miscellaneous Unit members hired after January 1, 2007 shall have their PARS benefit vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities.

Effective January 1, 2011 the parties agreed to modify the PARS plan design for current miscellaneous Unit members hired before January 1, 2011 regarding cash out options with an employee contribution of four tenths percent (0.4%) on a pre-tax basis. Section 4.2(d) and Section

4.2(c) of the PARS plan document was modified, thereby removing plan features such as the option of lump sum payment, and fixed term payments of 5-6 years. Section 2.3 of the PARS plan document was modified, thereby removing the pre-retirement disability benefit. All miscellaneous Unit members hired before January 1, 2011, shall pay four tenths percent (0.4%) of salary to maintain the PARS plan design features of fixed term payments of 7-15 years.

Effective August 4, 2024, or as soon as administratively practicable, all miscellaneous Unit members hired before January 1, 2011, shall pay an additional two and one tenths percent (2.1%) of salary, for a total of two and a half percent (2.5%) of salary, for the cost of the PARS retirement enhancement benefit.

Effective January 1, 2011, the PARS plan document was modified to add a “pop-up” provision to Option 2 of the PARS REP plan, whereby if the beneficiary predeceases the retiree, the retiree’s monthly benefit will increase.

For miscellaneous Unit members, hired on or after January 1, 2011 and before January 1, 2013, the City shall pay on behalf of each eligible unit member fifty percent (50%) of the amount sufficient to pay for the cost of the PARS retirement enhancement benefit. The miscellaneous Unit member shall be required to pay for fifty percent (50%) of the contribution.

Unit members hired on and after January 1, 2013 shall be ineligible to participate in the PARS program.

RETIREE MEDICAL
CalPERS eligible retirees (Unit members hired before January 1, 2011) and their dependents shall receive one hundred percent (100%) lifetime medical insurance upon retirement from the

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 City. The City shall pay one hundred percent (100%) of the premium for any CalPERS medical plan.

For Unit members hired on or after January 1, 2011, retiree medical will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479, which mirrors the state plan for contribution levels. The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount towards retiree medical premium for any CalPERS medical plan. Contribution level shall be as follows:

DEFERRED COMPENSATION PROGRAM
Effective September 1, 2024, the City will match up to one hundred dollars ($100.00) per month of a Unit member’s contribution to a City Authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. The combined contribution between the City's and the employee's contribution to the City's Deferred Compensation Plan(s) cannot exceed the maximum permitted by law.

ARTICLE 10

MISCELLANEOUS PROVISIONS

DIRECT DEPOSIT REQUIREMENT
The City shall maintain a mandatory requirement for participation in direct deposit for payroll for all Unit members hired after July 8, 2001.

TUITION REIMBURSEMENT
City Personnel Rules Section 15.25 as applied to Unit members is modified by this provision to the extent that the City and the Recognized Employee Organization agree that the City determines funding levels to be set at twenty thousand dollars ($20,000) tuition per fiscal year to be used exclusively by IMEA members only during the term of this contract. Unit members applying for tuition reimbursement will initially receive twenty percent (20%) of the allocated twenty thousand dollars ($20,000). If, at the end of the fiscal year, unencumbered funds are Credited Years of PERS Service
(5 of which must be performed at
the City of Irwindale)
Percentage of
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20+ 100%

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 available in the tuition reimbursement account, remaining funds will be used to further reimburse those employees who have accumulated reimbursable educational expenses in excess of twenty percent (20%) of the total available for that fiscal year. If more than one employee incurs such additional expenses, distribution of the remaining funds will be made equally among said employees until each individual employee has been fully reimbursed, or until the funds have been depleted, whichever comes first.

To be eligible for reimbursement, employees must have completed their probationary period.

Reimbursement requests must be submitted within sixty (60) days of completing the class or coursework or receiving the passing grade. In addition, the institution must be accredited by an agency recognized by the California Department of Education, U.S. Department of Education or Council for Higher Education Accreditation.

All courses taken and completed must have prior written approval of the department director and the City Manager or designee and be related to the Unit member’s employment with the City, unless the course is part of classes necessary for obtaining a degree. Upon completion of each course, the Unit member must complete the appropriate City form requesting tuition reimbursement. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the Personnel Officer. Unit members requesting reimbursement for course-related textbooks are required to turn the books into the Human Resources Department. Textbooks should not be marked or written in, and they must be in usable condition. Effective September 1, 2024, Unit members will receive reimbursement for required course-related digital textbooks upon request for reimbursement and proof of payment.

UNIFORM ALLOWANCE
Effective September 1, 2024, Unit members listed in the classifications below are eligible to receive up to three hundred dollars ($300) for safety shoes/boots as required by department director during the term of this MOU:

1. Associate Engineer

2. Assistant Engineer

3. Assistant City Engineer

4. Community Development Manager/City Planner

5. Senior Planner
Effective September 1, 2024, Unit members listed in the classifications below are eligible to receive reimbursement of up to three hundred dollars ($300) per fiscal year for safety shoes/boots as required by department director:

1. Construction Compliance Manager

2. Public Works Maintenance Supervisor

UNIFORM ALLOWANCE FOR POLICE SWORN EMPLOYEE
The sworn full-time positions of Police Captain and Police Lieutenant in the Police Department shall receive an annual uniform allowance in the amount of one thousand four hundred dollars ($1,400.00), paid the second paycheck in July of each year.

POLICE OFFICER SIDEARMS

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 For sworn full-time employees in the position of Police Captain and Police Lieutenant, the City shall replace sidearms at its discretion based upon its determination of its useful life. This language shall replace the requirement to replace sidearms after a period of five years. The City shall maintain an officer’s department issued sidearm and have it inspected on a bi-annual basis by an approved armorer. The City will allow for an officer to carry their personally owned sidearm while on duty. Personally owned sidearms must be selected from a mutually agreed upon list of weapons with ammunition selected and approved by the Chief of Police. An officer choosing to use their personally owned sidearm will be responsible for the purchase, maintenance, and biannual inspection of that sidearm by an armorer certified for the exact weapon chosen, as well as all accessories associated with that sidearm. A Police Captain and Police Lieutenant who separates from employment in good standing having a minimum five (5) years of full-time service as an Irwindale police officer shall be entitled to retain their duty weapon, but shall be required to pay fair market value for their duty weapon.

ARTICLE 11

COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING

COMPLETION OF NEGOTIATIONS
The terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the Recognized Employee Organization expressly waives the right to meet and negotiate with respect to any subject covered in this MOU, unless modified through the voluntary, mutual consent of the parties.

FULL INTEGRATION
This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in this MOU. The parties agree that during the negotiation that culminated in this MOU, each party enjoyed the opportunity to make demands and proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. However, all provisions of existing City rules and regulations, resolutions, ordinances and policies not specifically contained in, or referred to by this MOU, shall remain in full force and effect, and are specifically not superseded or otherwise affected by this MOU.

REOPENERS
Notwithstanding the provisions of Sections 11.01 and 11.02 above, the City and the Recognized Employee Organization agree to meet and confer on the following items during the term of this MOU:

A. Updating, modifying and/or instituting a new Employer-Employee Relations Resolution;
B. Updating the City Personnel Rules;
C. Updating the City's job description/specifications;
D.. Discuss the feasibility of participation in City funded Post Employment Health Plan (PEHP) that would fund retiree dental and vision benefits.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 E. Meet to determine classifications in the IMEA represented unit membership based on the definition included in the EERR.

ARTICLE 12

EMERGENCY WAIVER PROVISION

WAIVER GRANTED
In the event of circumstances beyond the control of the City, such as force majeure, fire, flood, earthquake, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of the City, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Recognized Employee Organization shall have the right to meet and confer with the City regarding the impact on Unit members of the suspension of provisions in the MOU during the course of the emergency. Any rights and benefits suspended by virtue of the emergency shall be restored as soon as practicable at the conclusion of the emergency.

ARTICLE 13

DRAFTING PROVISIONS

SEVERABILITY DECLARED
Should any provision of this MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. The parties shall meet and confer over a new provision to replace any such provision stricken by law.

JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party.

MODIFICATION
This MOU may only be modified or amended by written agreement between the parties, which then must be approved by Council resolution.

ARTICLE 14

RATIFICATION AND EXECUTION
This MOU has been developed as a result of meet and confer sessions between representatives of the City and the Recognized Employee Organization regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and the Recognized Employee Organization have reached an understanding as to certain recommendations to be made to the City Council for the City of Irwindale and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and benefit resolution, which will provide for the changes contained in said joint recommendation. The City and the Recognized Employee Organization acknowledge that this MOU shall not be in full force and effect until adoption by the City Council of the City.

IMEA Memorandum of Understanding 07/01/2024 – 06/30/2027 Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Recognized Employee Organization and entered into this ___ day of __________, 2024.

CITY OF IRWINDALE THE IRWINDALE MANAGEMENT

EMPLOYEES ASSOCIATION
Julian A. Miranda, City Manager/Municipal
Employee Relations Representative
John Fraijo, IMEA President
Mary Hull, Human Resources/Risk Manager Laura M. Nieto, IMEA Secretary

ATTACHMENT “A”

IMEA UNIT MEMBERS
Classification Title
Aquatics Supervisor
Assistant City Engineer
Assistant Engineer
Assistant to the City Manager
Associate Engineer
Associate Planner
Benefits Administrator
Chief Deputy City Clerk
City Librarian
Communications and Records Supervisor
Community Development Manager/ City Planner
Construction Compliance Manager
Economic Development Coordinator
Executive Assistant
Finance Manager
Housing Coordinator
Human Resources/ Risk Manager
Information Technology Manager
Management Analyst
Police Captain
Police Lieutenant
Project Manager – Construction Compliance
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Senior Planner

Item #20.G.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Resolution Accepting a Tentative Agreement for Successor Memorandum of Understanding with the Irwindale City Employees Association (“ICEA”) City Manager's Recommendation:

Adopt Resolution No. 2024-71-3548 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE CITY EMPLOYEES ASSOCIATION (“ICEA”), FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027.” Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, HR/Risk Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale City Employees Association (“ICEA”) Memorandum of Understanding (“MOU”) with the City of Irwindale (“City”) expired on June 30, 2024. Pursuant to the Meyers-Milias-Brown Act (MMBA), representatives from the City and ICEA commenced negotiations for a successor MOU in March 2024.

Based on the progress made to date, the City has reached a tentative agreement with the ICEA for a three-year term, from July 1, 2024, through June 30, 2027 (“Tentative Agreement"). On August 20, 2024, the ICEA membership voted to accept the proposed terms and conditions as stated in the Tentative Agreement, but it remains subject to formal acceptance, approval, and adoption by the City Council, per Government Code Section 3505.1, which provides:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.”
This Tentative Agreement is the product of MMBA-mandated meet and confer sessions that took place over the last several months between the City’s negotiation team and the ICEA board members representing their unit. During the course of negotiations, management representatives met with the City Council to discuss the status and progress of these talks and received direction on specific items under consideration. The proposed agreement supports the City’s goals of maintaining the ability to attract and retain skilled and experienced personnel, managing increasing pension costs, and reducing long-term expenditures.

The Tentative Agreement provides that ICEA members will contribute additional amounts towards the City’s required employer contribution to CalPERS and PARS pension costs. The cost-sharing contributions will be phased in annually throughout the contract. In turn, the proposed contract establishes cost of living adjustments in each year of the contract. The cost of living adjustments and employee cost-sharing contributions are shown below:
• Year One: 5% cost of living adjustment to salary in exchange for a 2.1% increase in employee contribution towards the PARS retirement enhancement benefit for those miscellaneous employees hired prior to January 1, 2011.
o 5% cost of living adjustment effective September 1, 2024, which is the first full pay period following the signing of the Tentative Agreement.

• Year Two: 4% cost of living adjustment to salary in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members
o .5% for Miscellaneous PEPRA Members
• Year Three: 3.5% cost of living adjustment to salary in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members
o .5% for Miscellaneous PEPRA Members
In addition to the cost of living adjustments and employee cost-sharing contributions to CalPERS and PARS, other key components include:
• Deferred compensation match of up to $100 per month
• Increase in reimbursement for safety shoes/boots for certain classifications • Use of 40 hours of sick leave for personal leave
• Cap on vacation leave accrual at 350 hours
• Elimination of sick leave cash out for new employees
Fiscal Impact:

The total cost of implementing the proposed Tentative Agreement with the ICEA is projected at $525,480 over the three-year term. This amount includes all additional compensation and benefits as well as cost savings associated with employee pension cost sharing.

The projected cost of implementation is as follows:

Implementation Period General Fund Cost Other Funds Cost Total Cost Year One (July 1, 2024 – June 30, 2025) $125,030 $70,330 $195,360 Year Two (July 1, 2025 – June 30, 2026) $91,238 $51,322 $142,560 Year Three (July 1, 2026 – June 30, 2027) $120,038 $67,522 $187,560 A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year budget. Funding for FY 2025-26 and 2026-27 will be incorporated into the City’s future budgets.

Attachments:

1. Resolution No. 2024-71-3548

Resolution No. 2024-71-3548

RESOLUTION NO. 2024-71-3548

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ACCEPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE

IRWINDALE CITY EMPLOYEES ASSOCIATION (ICEA), FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Irwindale (“City”) has and continues to recognize the Irwindale City Employees Association (“ICEA”) as the sole exclusive bargaining agent for certain City employees designated as regular full-time employees, who are not at-will or covered by individual contract, except for sworn personnel, executive, mid-management, professional, supervisory, and dispatch positions, for all matters concerning wages, hours, and working conditions; and WHEREAS, the most current Memorandum of Understanding (“MOU”) between the City and ICEA for the period of July 1, 2021, to June 30, 2024, is now expired; and WHEREAS, the City’s labor relations representatives and ICEA representatives have successfully met and conferred to negotiate a successor MOU between the parties, pursuant to both the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq.)(“MMBA”) and the City’s Employer-Employee Relations Resolution (Resolution No. 2018-03-2997), and have jointly prepared and executed the attached Tentative Agreement for a Successor MOU (deal points) between the City and ICEA for the period July 1, 2024, through and including June 30, 2027, which was ratified by a vote of ICEA membership on August 20, 2024, subject to formal acceptance, approval, and adoption by the City Council; and WHEREAS, MMBA Section 3505.1 provides: “If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding”; and
WHEREAS, once approved by the governing body of a local agency, the MOU becomes a binding agreement between the employee organization and the local agency; and WHEREAS, the City Council now desires to accept, approve, and adopt the Tentative Agreement and authorize the City Manager to prepare the MOU for City Council determination and approval; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council accepts the Tentative Agreement for a Successor MOU between the City and ICEA for the period of July 1, 2024, through June 30, 2027, a copy of which is attached hereto as Attachment 1.

Resolution No. 2024-71-3548

SECTION 3. This Resolution shall be effective immediately upon its passage and adoption. The Chief Deputy City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED and ADOPTED this 28th day of August, 2024. ____________________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk
State of California }
County of Los Angeles } ss.

City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-71-3548 was duly introduced at a regular meeting of the Irwindale City Council held on the 28th day of August 2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

Item #20.H.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Resolution Accepting a Tentative Agreement for Successor Memorandum of Understanding with the Irwindale Police Officers' Association (“IPOA”) City Manager's Recommendation:

Adopt Resolution No. 2024-74-3551 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE POLICE OFFICERS’ ASSOCIATION (“IPOA”), FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027.” Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, HR/Risk Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Police Officers’ Association (“IPOA”) Memorandum of Understanding (“MOU”) with the City of Irwindale (“City”) expired on June 30, 2024. Pursuant to the Meyers-Milias-Brown Act (MMBA), representatives from the City and ICEA commenced negotiations for a successor MOU in March 2024.

Based on the progress made to date, the City has reached a tentative agreement with the IPOA for a three-year term, from July 1, 2024, through June 30, 2027 (“Tentative Agreement"). On August 20, 2024, the ICEA membership voted to accept the proposed terms and conditions as stated in the Tentative Agreement, but it remains subject to formal acceptance, approval, and adoption by the City Council, per Government Code Section 3505.1, which provides:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.”
This Tentative Agreement is the product of MMBA-mandated meet and confer sessions that took place over the last several months between the City’s negotiation team and the ICEA board members representing their unit. During the course of negotiations, management representatives met with the City Council to discuss the status and progress of these talks and received direction on specific items under consideration. The proposed agreement supports the City’s goals of maintaining the ability to attract and retain skilled and experienced personnel, managing increasing pension costs, and reducing long-term expenditures.

The Tentative Agreement provides that IPOA members will contribute additional amounts towards the City’s required employer contribution to CalPERS and PARS pension costs. The cost-sharing contributions will be phased in annually throughout the contract. In turn, the proposed contract establishes cost of living adjustments in each year of the contract. The cost of living adjustments and employee cost-sharing contributions are shown below:
• Year One: 5% cost of living adjustment to salary in exchange for a 2.1% increase in employee contribution towards the PARS retirement enhancement benefit for those miscellaneous employees hired prior to January 1, 2011.
o 5% cost of living adjustment effective September 1, 2024, which is the first full pay period following the signing of the Tentative Agreement.

• Year Two: 4% cost of living adjustment to salary in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members
o .5% for Miscellaneous PEPRA Members
o 1.5% for Sworn Classic Members
o 1% for Sworn PEPRA members
• Year Three: 3.5% cost of living adjustment to salary in exchange for the following increase in employee CalPERS contribution:
o 1% for Miscellaneous Classic Members
o .5% for Miscellaneous PEPRA Members
o 1.5% for Sworn Classic Members
o 1% for Sworn PEPRA members
In addition to the cost of living adjustments and employee cost-sharing contributions to CalPERS and PARS, other key components include:
• Cap on vacation leave accrual at 350 hours
• Elimination of sick leave cash out for new employees
• Increase maximum accrual of compensation leave to 140 hours • Reduce call back or call in pay to 3 hours
• Include traffic officer in MSL under certain circumstances Fiscal Impact:

The total cost of implementing the proposed Tentative Agreement with the IPOA is projected at $681,433 over the three-year term. This amount includes all additional compensation and benefits as well as cost savings associated with employee pension cost sharing.

The projected cost of implementation is as follows:

Implementation Period General Fund Cost
Year One (July 1, 2024 – June 30, 2025) $307,289
Year Two (July 1, 2025 – June 30, 2026) $198,932
Year Three (July 1, 2026 – June 30, 2027) $175,212
A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year budget. Funding for FY 2025-26 and 2026-27 will be incorporated into the City’s future budgets.

Attachments:

1. Resolution No. 2024-74-3551

Resolution No. 2024-74-3551

RESOLUTION NO. 2024-74-3551

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ACCEPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF IRWINDALE AND THE
IRWINDALE POLICE OFFICERS’ ASSOCIATION (IPOA), FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Irwindale (“City”) has and continues to recognize the Irwindale Police Officers’ Association (“IPOA”) as the sole exclusive bargaining agent for certain City employees designated as sworn police officers and non-sworn police dispatchers for all matters concerning wages, hours, and working conditions; and
WHEREAS, the most current Memorandum of Understanding (“MOU”) between the City and IPOA for the period of July 1, 2021, to June 30, 2024, is now expired; and WHEREAS, the City’s labor relations representatives and IPOA representatives have successfully met and conferred to negotiate a successor MOU between the parties, pursuant to both the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq.)(“MMBA”) and the City’s Employer-Employee Relations Resolution (Resolution No. 2018-03-2997), and have jointly prepared and executed the attached Tentative Agreement for a Successor MOU (deal points) between the City and IPOA for the period July 1, 2024, through and including June 30, 2027, subject to formal acceptance, approval, and adoption by the City Council; and WHEREAS, MMBA Section 3505.1 provides: “If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding”; and
WHEREAS, once approved by the governing body of a local agency, the MOU becomes a binding agreement between the employee organization and the local agency; and WHEREAS, the City Council now desires to accept, approve, and adopt the Tentative Agreement and authorize the City Manager to prepare the MOU for City Council determination and approval; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference herein.

SECTION 2. The City Council accepts the Tentative Agreement for a Successor MOU between the City and IPOA for the period of July 1, 2024, through June 30, 2027, a copy of which is attached hereto as Attachment 1.

SECTION 3. This Resolution shall be effective immediately upon its passage and adoption. The Chief Deputy City Clerk shall certify to the adoption of this resolution.

Resolution No. 2024-74-3551

PASSED, APPROVED and ADOPTED this 28th day of August, 2024. ____________________________________
Albert F. Ambriz, Mayor
ATTEST:
_________________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk
State of California }
County of Los Angeles } ss.

City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-74-3551 was duly introduced at a regular meeting of the Irwindale City Council held on the 28th day of August 2024, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk

Item #20.I.

Date: August 28, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Resolutions Approving Salaries and Benefits for Unclassified Management Employees and Benefits for Part-Time Employees
City Manager's Recommendation:

1. Adopt Resolution No. 2024-63-3540 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2021-116-3238, ADOPTING A SCHEDULE OF SALARIES AND BENEFITS FOR UNCLASSIFIED MANAGEMENT EMPLOYEES.”

2. Adopt Resolution No. 2024-62-3539 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2023-88-3466, ADOPTING BENEFITS FOR

UNREPRESENTED UNCLASSIFIED NONPERMANENT AND PERMANENT PART-TIME AT-WILL CITY EMPLOYEES."
Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, HR/Risk Manager
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Unrepresented management employees and unrepresented part-time and permanent part-time employees receive compensation and benefits adjustments through City Council-adopted resolutions.

Historically, these salary and benefit adjustments are in concert with the other employee association agreements.

The miscellaneous employee association, management association, and the Irwindale Police Officers’ Association have reached agreements for their successor Memoranda of Understanding for the term beginning July 1, 2024, through June 30, 2027. Resolution Nos. 2024-63-3540 and 2024-62-3639 will provide for cost-of-living adjustments and other benefit adjustments similar to the three-year agreements currently being considered herewith for the employee associations.

Resolution No. 2024-63-3540
Resolution No. 2024-63-3540 includes the following key proposed changes:
• Compensation adjustment: 5% cost of living adjustment to salary in exchange for a 2.1% increase in employee contribution towards the PARS retirement enhancement benefit for miscellaneous unrepresented management employees hired prior to January 1, 2011. o 5% cost of living adjustment effective September 1, 2024 • Deferred compensation match of up to $100 per month.
• Use of 40 hours of sick leave for personal leave.
• Cap on vacation leave accrual at 350 hours.
• Elimination of sick leave cash out for new employees. • Increase Administrative Leave by 10 hours to 70 hours per calendar year – must be used in year credited and will not be paid out or carried forward.
• Minor language revisions to comply with updated laws and clean-up language to accurately reflect current practices and procedures.

Resolution No. 2024-63-3540 covers Fiscal Year 2024-2025 only.

A resolution addressing any future cost of living increases and employee pension cost-sharing contributions will be brought back for City Council consideration at a future date.

Resolution No. 2024-62-3539
The Unrepresented Part-Time Employee Benefits Resolution, last amended by Resolution No. 2023-87- 3465 on December 13, 2023, outlines the benefits for all unrepresented permanent part-time and nonpermanent part-time employees. Resolution No. 2024-62-3539 includes the following key proposed benefit changes for permanent part-time employees:
• 2.1% increase in employee contribution towards the PARS retirement enhancement benefit for those employees hired prior to January 1, 2011.
• Use of forty (40) hours of sick leave for personal leave. • Elimination of sick leave cash out for new employees. • Minor language revisions to comply with updated laws and clean-up language to accurately reflect current practices and procedures.

Concurrently considered herewith, Salary Resolution No. 2024-64-3541 includes a five percent (5%) cost of living adjustment for all permanent part-time and nonpermanent part-time employees effective September 1, 2024.

Fiscal Impact:

Unclassified Management
The total cost of amending the Schedule of Salaries and Benefits through Fiscal Year 2024-2025 is $110,135. This amount includes all additional compensation and benefits and cost savings associated with employee pension (PARS) cost sharing.

The projected cost of implementation is as follows:

Period General Fund Cost Other Funds Cost
September 1, 2024 – June 30, 2025 $59,473 $50,662

A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year budget.

Permanent Part-Time and Nonpermanent Part-Time
The total cost of the five percent (5%) cost of living adjustment for permanent part-time and nonpermanent part-time employees, which is included in Salary Resolution No. 2024-64-3541, is $61,280 (General Fund: $50,862, MIF: $10,418). A budget appropriation for FY 2024-25 is not required as amounts were projected in the current fiscal year budget.

Attachments:

1. Resolution No. 2024-63-3540

2. Resolution No. 2024-62-3539

Resolution No. 2024-63-3540

RESOLUTION NO. 2024-63-3540

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPLACING RESOLUTION NO. 2021-116-3238, ADOPTING A

SCHEDULE OF SALARIES AND BENEFITS FOR UNCLASSIFIED

MANAGEMENT EMPLOYEES
WHEREAS, Article VIII, Section 803 of the City Charter requires the City Council to establish by resolution salaries and other forms of compensation for all City employees; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in the City employment be fixed and established by Resolution of the City Council; and
WHEREAS, Section 2.12.020 of the Irwindale Municipal Code requires that the salaries and compensation of officers and employees of the City be fixed and determined by Resolution of the City Council; and
WHEREAS, the City of Irwindale City Manager has the authority to appoint, remove, promote, and demote any officers and employees of the City, including Department Directors, pursuant to Irwindale Municipal Code Section 2.08.050; and WHEREAS, the City currently has Department Director classifications that include the Assistant City Manager, Chief of Police, Community Development Director, Director of Engineering/Building Official, Finance Director/City Treasurer, and Public Services Director (hereinafter collectively referred to as "Directors"); and WHEREAS, on December 12, 2021, the City Council adopted Resolution No. 2021-116- 3238 for unclassified, unrepresented management employees, which outlines the compensation and benefits of said employees; and
WHEREAS, the City Council desires to replace Resolution No. 2021-116-3238 with this Resolution to reflect compensation and benefit adjustments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. This Resolution shall supersede and replace Resolution No. 2021-116- 3238 in its entirety. This Resolution shall also take the place of all existing resolutions or orders of the City Council as they relate to the subject matter contained herein.

SECTION 2. The City Council hereby approves the Schedule of Salaries and Benefits for Unclassified Management Employees effective August 28, 2024, attached as Attachment A.

In the event the City Manager desires to exceed any of the parameters set forth therein, City Council authorization shall be required.

SECTION 3. The Chief Deputy City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 28
th day of August, 2024.

Resolution No. 2024-63-3540

___________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES} ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-63-3540 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 28 th day of August 2024, by the
following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-63-3540

ATTACHMENT A

SCHEDULE OF SALARIES AND BENEFITS FOR

UNCLASSIFIED MANAGEMENT EMPLOYEES
ARTICLE 01

INTRODUCTION
SECTION 01.01 AFFECTED EMPLOYEES
This Schedule of Salary and Benefits for Unclassified Management Employees (“Schedule”) shall be in force and effect for the following classifications of Unclassified Management employees with the City of Irwindale (“City”), hereinafter referred to as the “Affected Employee(s)”:

Assistant City Manager
Chief of Police
Community Development Director
Director of Engineering/Building Official
Finance Director/City Treasurer
Public Services Director
ARTICLE 02

SALARY & DUTIES
SECTION 02.01 BASIC COMPENSATION PLAN
There is hereby maintained and restated a basic compensation plan for the Affected Employees who are now employed, or will in the future be employed, in any of the designated positions of employment set forth in Article 1, Section 01.01 above. The salary and wage schedules set forth in Exhibit A shall constitute the basic compensation plan for these Affected Employees consisting of a range of pay available and identified by position. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

SECTION 02.02 SALARY AND WAGE SCHEDULE
The salary ranges for Unclassified Management employees reflected in Exhibit A (Unclassified Management Salary Schedule), are effective September 1, 2024, and reflect that Affected Employees covered by this Resolution receive a five percent (5%) base salary increase.

The initial salary for new hires and promoted employees shall be between the “Minimum” and “Maximum” salary range for the applicable position. The City Manager shall have sole discretion to appoint a new hire to a salary commensurate with the prospective employee’s education, experience and qualifications as they relate to the classification.

SECTION 02.03 EMPLOYMENT STATUS
The employment of Affected Employees with the City is "at-will" serving solely at the pleasure of the

Resolution No. 2024-63-3540

City Manager and Affected Employees are subject to dismissal without notice and without cause whatsoever; and without any right of due process hearing, including any so-called "Skelly" predisciplinary notice and response or post-termination appeal hearing. In the event of such voluntary or involuntary termination, the sole and entire right of any Affected Employee shall be to receive compensation, if any, which vested prior to the date of the termination, and those severance benefits, if any, as provided for herein under Article 13, Sections 13.01 and 13.02.

SECTION 02.04 FLSA EXEMPT STATUS
The City designates the Affected Employees as exempt from overtime for purposes of the Fair Labor Standards Act ("FLSA"). The City shall comply with all applicable state and federal standards, regulations and laws relative to its designations of these employees as exempt for FLSA purposes.

SECTION 02.05 OTHER ACTIVITIES
Affected Employees shall focus their professional time, ability, and attention to City business during term of employment with the City. Employee shall not engage, without the express prior written consent of the City Manager, in any other business, duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of their position.

SECTION 02.06 ADVANCEMENT WITHIN SCHEDULE
An Affected Employee shall be considered for advancement within the steps of the salary range for their respective classification set forth above at the discretion of the City Manager. Salary advancement for employees in classifications covered by these Rules shall be based upon the employee’s overall performance rating as demonstrated in their Annual Performance Review as determined by the initial appointment date.

The City Manager may authorize accelerated movement through the salary range for exceptional performance or to address compaction issues related to other classifications within the Affected Employee’s own department.

SECTION 02.07 WORK SCHEDULES
Affected Employees are expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. The proper performance of the duties will require Affected Employees to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:30 a.m. to 6:00 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Affected Employees such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. An Affected Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Affected Employees shall not be entitled to any compensation for overtime.

Resolution No. 2024-63-3540

SECTION 02.08 CITY DOCUMENTS
All data, studies, reports and other documents prepared by Affected Employees while performing their duties during the term of employment shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Affected Employees in connection with the performance of their job duties shall be held confidential by Affected Employees to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by an Affected Employee, without the prior written consent of the City Manager, for any purposes other than the performance of their duties.

Additionally, no such materials may be disclosed to any person or entity not connected with the performance of their job duties, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

ARTICLE 03

OTHER COMPENSATION
SECTION 03.01 ANNUAL SERVICE AWARD PAY
Affected Employees shall be entitled on the fifth (5th) consecutive employment year with the City to “Annual Service Award” pay of thirty dollars ($30.00) for each year worked, which shall be paid in December of the qualifying year at the Employee Annual Service Award Luncheon. If there is no Award Luncheon planned for the year, the annual service award pay will be paid the first pay day in December of the qualifying year. Affected Employees must still be employed by the City at the time of the payment to be eligible for this Annual Service Award pay.

SECTION 03.02 BILINGUAL PAY
The City shall pay Affected Employees an additional two and one-half percent (2½%) of base salary as bilingual pay incentive upon passing an appropriate verbal bilingual exam as determined by the City, if an Affected Employee is proficient in Spanish and/or American Sign Language and is required to use such language(s) during the course of City business. This compensation will be earned and paid out on a pro-rata basis per pay period over the twenty-six (26) bi-weekly pay periods in a calendar year.

SECTION 3.03 CITY TREASURER STIPEND
Irwindale Municipal Code section 2.12.050 provides for a salary of fifty dollars ($50.00) per month for the City Treasurer. Accordingly, the Affected Employee in the classification of Finance Director who is also appointed as City Treasurer shall be provided a Stipend in the amount of $50.00 per month for the duration of the appointment as City Treasurer.

SECTION 03.04 EDUCATION INCENTIVE
Affected Employees shall be provided an education incentive as follows:

A. B.A/B.S. Degrees. Affected Employees who have been awarded a Bachelors of Arts (“B.A.”) or Bachelors of Science (“B.S.”) degree will receive an additional one

Resolution No. 2024-63-3540

thousand five hundred dollars ($1,500) per year maximum as an education incentive bonus to their base compensation. This incentive will be earned and paid out on a pro-rata basis per pay period over the over the twenty-six (26) bi-weekly pay periods in a calendar year.

B. Master’s Degree. Affected Employees who have been awarded a Master’s degree will receive an additional one thousand eight hundred dollars ($1,800) per year maximum as an education incentive bonus to their base compensation. This incentive will be earned and paid out on a pro-rata basis per pay period over the twenty-six (26) bi-weekly pay periods in a calendar year. An Affected Employee eligible for a Master’s degree education incentive payment pursuant to this section 03.03 subsection B shall not be eligible for a B.A./B.S. degree education incentive payment pursuant to section 03.03 subsection A.

C. In addition to the education incentive as reflected in section 03.04 subsection A and B, the classification of Chief of Police shall be entitled to receive bonus pay in addition to basic compensation for obtaining California Police Officers Standards and Training (P.O.S.T.) Certificates as set forth by the percentages of basic compensation below:
2 ½% Bonus for Advanced Certificate;
2 ½% Bonus for Supervisory Certificate;
2 ½% Bonus for Management Certificate.

To be eligible for Education Incentive Pays, the coursework and/or degrees must be from an institution accredited by an agency recognized by the California Department of Education, U.S.

Department of Education or Council for Higher Education Accreditation.

The effective date of the incentive pay will be the date on the proof of education or certificate and will be retroactive to no more than thirty (30) days from when proof of education or certificate is received by Human Resources.

ARTICLE 04

HOLIDAYS
SECTION 04.01 HOLIDAY DATES
Affected Employees shall be entitled to the holidays listed below.

1. New Year's Day January 1

2. Martin Luther King Jr. Day Third Monday in January

3. President’s Day Third Monday in February

4. Cesar Chavez Day March 31

5. Memorial Day Last Monday in May

6. Independence Day July 4

7. Labor Day First Monday in September

8. Veterans Day November 11

9. Thanksgiving Day Fourth Thursday in November

10. Day After Thanksgiving Day Fourth Friday in November

11. Christmas Eve (1/2 Day) December 24

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12. Christmas December 25

13. New Year's Eve (1/2 Day) December 31
If any of the foregoing holidays fall on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. For any holiday that falls on a Sunday, it will be at the City Manager's discretion as to whether it will be observed on the following Monday.

SECTION 04.02 FLOATING HOLIDAYS
At the beginning of each calendar year, Affected Employees shall be provided a total holiday leave bank for the calendar year of one hundred forty (140) hours per year for holidays, reduced by the number of scheduled holiday hours for that calendar year. (At the beginning of each calendar year, the City will determine and distribute its holiday schedule. When any of the holidays fall on a regular work day (Monday-Thursday) or a Sunday holiday which is celebrated on the following Monday, as determined by the City Manager, ten (10) hours will be deducted from the holiday bank of one hundred forty (140) hours for each such holiday (with 5 hours to be deducted for ½ day holidays). In no event will such deduction result in a negative holiday bank account balance. Employee will be then be credited with the balance, if any, of the remaining holiday bank hours which may be used as floating holiday time in a manner similar to that of vacation time.

All floating holiday time must be used in the calendar year in which it was credited to Employee. Any and all unused floating holiday time will be cashed out in January of the following calendar year.

Upon separation of employment, all earned but unused floating holiday hours will be paid to the Affected Employee at the base hourly rate of pay then in effect.

ARTICLE 05

SICK LEAVE AND VACATION LEAVE ACCRUAL
SECTION 05.01 SICK LEAVE ACCRUAL
Affected Employees shall accrue 3.693 hours of sick leave on a bi-weekly basis (i.e. per pay period).

SECTION 05.02 PERSONAL LEAVE
Effective September 1, 2024, upon request and with department director pre-approval, Unit members may use up to forty (40) hours of sick leave as “Personal Leave” per calendar year. The appropriate use of Personal Leave may include such situations as lawyer’s appointments, driver license renewal, home repair appointments, domestic situations not involving family illnesses, and business appointments which normally cannot be done at other non-work times. It shall not be used to extend vacation time.

SECTION 05.02 VACATION LEAVE ACCRUAL
Affected Employees shall accrue vacation leave in accordance with the formula below The number of hours accrued bi-weekly, based on service with the City of Irwindale only, is as follows:

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Years of Service Hours Accrued Bi-weekly
0-4 3.693
5 4.616
10 4.923
11 5.231
12 5.539
13 + 6.154
Accrual at the next highest incremental rate shall begin with the next pay period following Affected Employee’s anniversary date of commencement of full-time continuous employment with the City.

Hours accrued over two hundred seventy-five (275) shall be cashed out at one hundred percent (100%) to be included in the first paycheck in January 2025.

Effective January 1, 2025, and going forward, the cap on vacation accrual shall be three hundred fifty (350) hours. Once an Affected Employee has accumulated the maximum accrual amount of three hundred fifty (350) hours, no more vacation leave will be accrued by the Affected employee until the accrual has been reduced below the cap. However, when, due to work circumstances and needs of the department, an Affected Employee is unable to utilize vacation leave, the City Manager may approve excess accumulated vacation, provided the Affected Employee reduces this total below the cap within six (6) months.

An Affected Employee shall not be eligible to utilize vacation leave during the first six (6) months of initial full-time employment with the City except with the prior approval of the City Manager.

ARTICLE 06

SICK LEAVE AND VACATION LEAVE CONVERSION
Affected Employees who elect to convert accrued vacation or sick leave to compensation as provided for herein shall be limited to a maximum of one hundred (100) total hours per fiscal year of accrued vacation or sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

1. Any vacation or sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 15 of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation or sick leave.

2. All vacation and/or sick leave conversion elections are irrevocable and cannot be changed or amended unless a written rescission is received in writing by Human Resources no later than December 15 of the calendar year prior to conversion.

3. Employees who fail to submit an election by December 15 of the calendar year prior to the conversion will not be eligible for vacation and/or sick leave converted to cash for that calendar year.

4. Payments for accrued vacation and/or sick leave conversion to cash shall be made by separate check four times a year (first pay period in September, December,

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March, and June).

5. Employees will be eligible for partial conversion to cash if the full amount of hours elected are not available at the elected time of cash out.

6. Affected Employees may not convert sick leave in an amount that shall reduce their sick leave balance to less than eighty (80) hours.

7. Effective January 1, 2025 and going forward, Affected Employees may not convert sick leave in an amount that would reduce their sick leave balance to less than two hundred (200) hours.

Sick leave payments upon termination or periodic conversion request will be provided as follows:
over 950 hours 25% of total sick leave value
571-950 hours 50% of total sick leave value
1st 570 hours 75% of total sick leave value
Upon termination from employment with the City, earned and unused vacation hours will be paid to the employee at the employee’s base hourly rate of pay then in effect.

Affected Employees hired on or after August 29, 2024, shall not be eligible for elective sick leave cash out or cash out of sick leave upon separation of employment or retirement from the City.

Affected Employees hired on or after August 29, 2024, shall be eligible to bring with them up to one hundred (100) hours of sick leave from their prior employer, so long as a new employee’s prior employer did not compensate the employee for their sick leave bank.

Affected Employees who are terminated for cause shall not be eligible for any sick leave cash out upon termination of employment.

ARTICLE 07

EXECUTIVE LEAVE
In recognition that Affected Employees are not entitled to receive overtime compensation despite devoting hours beyond the normal workweek, employees may be allowed to take executive leave upon approval of the City Manager.

All Affected Employees shall accrue executive leave at the rate of seventy (70) hours per year, which hours shall be credited to Affected Employees the first pay period in January of each calendar year. Executive leave hours must be used in the calendar year in which they were credited to the Affected Employee. All executive leave hours must be used in the calendar year in which they were credited to the Affected Employees. Executive leave has no cash value and shall not be paid out or carried forward; and therefore, agreement to this section constitutes a waiver of Labor Code Section 227.3.

The policy set by the 2008 Partial Day Absences for Exempt Employees Memo (no leave deduction for absences lasting less than four hours in a single workday) is eliminated and instead Affected

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Employees will have hour-for-hour deductions to leave banks. In partial recognition of prolonged, uncommon, or exceptional hours of work beyond the standard work expectations for Affected Employees, City Manager may, at their discretion, adjust employees’ work hours and allow Affected Employees to take time off without using accrued leave.

ARTICLE 8

OTHER LEAVES
SECTION 08.01 WORKERS’ COMPENSATION
The City shall provide Workers’ Compensation benefits in accordance with State Law and these provisions.

The City has the right to require the employee to go to a City selected physician, unless the employee has pre-designated a physician, to verify the reported injury/illness and if it restricts the employee from performing his or her regular job assignment.

A. NON-SWORN EMPLOYEES
Affected Employees who sustain a work-related injury or illness on-the-job and file a claim for workers’ compensation benefits which is accepted, shall receive a sum which, when added to the amount of temporary disability payment, if any, will result in a payment equal to such an employee's regular compensation for a maximum period of one (1) year. The one (1) year period need not be consecutive if the employee's absence is directly traceable to a single incident. In addition, the City will maintain its contribution to benefits as provided for herein (retirement, health, dental, life and AD&D insurance). Vacation and sick leave shall continue to accrue during this time.

B. SWORN EMPLOYEES
Base salary and benefit continuance for sworn Affected Employees shall be in accordance with California Labor Code Section 4850.

SECTION 08.02 JURY DUTY AND WITNESS LEAVE
A. JURY DUTY
Affected Employees shall receive full pay and benefits while responding to a jury summons or serving on a jury, for up to ten (10) working days. Any compensation for such jury duty (except travel pay) shall be remitted to the City.

B. WITNESS LEAVE
If an Affected Employee is required to be absent from work by proper subpoena issued by a court or other legally empowered agency requiring an Affected Employee to serve as a witness in a legal action, the Affected Employee shall be entitled to be absent from work at their regular rate of pay, provided that any fees, except mileage, are deposited with the City.