APRIL 11, 2022 – Regular Meeting Agenda – 7:00 p.m.
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April 11, 2022 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Teresa Vargas, Government Services
Director / City Clerk
Glenn Gebhardt, City Engineer
Tony Fernandes, Chief Information Officer
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Michael King, Public Works Director
Zachary Jones, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
(Commission Start Date 7/1/2022)
Lieutenant Michael Alagna, Acting Chief of
Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID-19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1605198563?pwd=VCtSdVp0dlV3c3hYSy 90SkRWSExaQT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 519 8563 / Passcode: 067573
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230
Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting.
To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
2 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item. Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at:
https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop-Manteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 11, 2022
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:15 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
3 Potential Case(s)
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) – None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 INTRODUCTION OF NEW EMPLOYEES
Public Works Department
Frank Vallejo, Utility Operations Superintendent
Human Resources Department
Jessica Swanton, Human Resources Technician
4 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 4 Police Department
Matthew Robinson, Records Assistant II
Angela Victoria, Records Supervisor
Cristina Caguiat, Management Analyst I
Jorge Andrade, Police Officer
Robert Dominguez, Police Officer
Blake Escobar, Police Officer
Philip Hicks, Police Officer
Rodolfo Alaniz, Police Sergeant
Billy Boyle, Police Sergeant
Landon Lawson, Police Sergeant
Greg Mortenson, Police Sergeant
2.2 RECOGNITION OF ZACH JONES FOR HIS YEARS OF SERVICE AS THE CITY
OF LATHROP DIRECTOR OF PARKS, RECREATION & MAINTENANCE
SERVICES
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)).
Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
5 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 5
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of March 14, 2022
4.3 APPROVE OUT-OF-STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE ICSC CONFERENCE IN MAY 2022
Adopt Resolution Approving Out-of-State Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the International Council of Shopping Centers (ICSC) 2022 Conference in Las Vegas, Nevada from May 22, 2022 to May 24, 2022
4.4 APPROVE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF
LATHROP, LATHROP MID-MANAGERS AND CONFIDENTIAL EMPLOYEES (LMCEA), SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 (SEIU), AND UNREPRESENTED EMPLOYEES
Adopt Resolution Approving Memorandums of Understanding with the Lathrop Mid-Managers and Confidential Employees Association for the Management Bargaining Group, the Service Employees International Union Local 1021 for the General Services Bargaining Unit, Provide Unrepresented Staff with the Same Terms and Conditions, as Provided to SEIU and LMCEA Members Pursuant to the Memorandums of Understanding, Increase Appropriations, and Approve Updated Grade Step Table
4.5 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22-19 AND CIP WW 22-24 AND
RELATED BUDGET AMENDMENT
Adopt Resolution Approving Professional Consulting Services Agreement with EKI Environment & Water, Inc. for Integrated Water Resources Master Plan Amendment, CIP PW 22-19 (Water) and CIP WW 22-24 (Wastewater and Recycled Water) and Related Budget Amendment
4.6 APPROVE AMENDMENT NO. 4 FOR PROFESSIONAL SERVICES AGREEMENT FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12-04 Adopt Resolution Approving Amendment No. 4 for Professional Services Agreement with WSP USA, Inc. for the Manthey Road Bridge Replacement Project, CIP PS 12-04
4.7 APPROVE TASK ORDER NO. 18 FOR J.B. ANDERSON LAND USE PLANNING
TO PROVIDE CONTRACT PLANNING SERVICES FOR THE MOSSDALE
LANDING WEST PROJECT AND RELATED ENTITLEMENTS
Adopt Resolution Approving Task Order No. 18 for J.B. Anderson Land Use Planning to Provide Contract Planning Services to Manage and Process the Mossdale Landing West Project and Related Entitlements
4.8 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20-23
6 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Accepting Public Improvements Constructed by Taylor Backhoe Service, Inc. dba TBS Contractors for the Construction of the Generations Center Parking Lot Landscape CIP PK 20-23, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
RIVER ISLANDS CONSENT ITEM(S)
4.9 CREATE CIP PK 22-40 BANTA JOINT USE COMMUNITY PARK
IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH
INSTALLATION, AND RELATED BUDGET AMENDMENTS
Adopt Resolution for the Creation of CIP PK 22-40 Banta School Joint Use Community Park Improvements, Approve a Construction Contract with Westside Landscape and Concrete, Inc. for the Installation of a Cricket Pitch, and Approve a Budget Amendment for the Purchase of Park Equipment
4.10 APPROVE FINAL MAP, C2 COMMUNITY PARK OFFER OF DEDICATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 23 LOTS IN TRACT 3794 VILLAGES “C6” & “C7”, SOUTH RIVER BEND DISTRICT OF RIVER ISLANDS Adopt Resolution Approving Final Map for Tract 3794 Villages “C6” and “C7” within the South River Bend District, Totaling 23 Single Family Lots, C2 Community Park Offer of Dedication, and Subdivision Improvement Agreement with River Islands Custom Homesites, LLC
4.11 APPROVE FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT 4072 VILLAGE “NN2”,
LAKESIDE WEST DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4072 Village “NN2” within the Lakeside West District, Totaling 43 Single Family Lots, a Common Use Agreement, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4.12 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 60 LOTS, TRACT 4082 VILLAGE “FF2”, OLD RIVER DISTRICT OF RIVER
ISLANDS
Adopt Resolution Approving Final Map for Tract 4082 Village "FF2” within the Old River District, Totaling 60 Single Family Lots and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4.13 APPROVE FINAL MAP, STREET NAMES, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 108 UNITS (1 LOT) IN TRACT 4115 VILLAGE “CC”, LAKESIDE EAST DISTRICT OF RIVER ISLANDS Adopt Resolution Approving Final Map for Tract 4115 Village “CC” within the Lakeside East District of River Islands, Totaling 108 Single Family Condominium Units (1 Lot), Street Names, CFD Annexation No. 26, and Subdivision Improvement Agreement with River Islands Stage 2A, LLC 7 April 11, 2022 Lathrop City Council Regular Meeting Agenda Page 7
5. SCHEDULED ITEMS
5.1 PUBLIC HEARINGS (PUBLISHED NOTICES) TO ADOPT AN URGENCY
ORDINANCE AND CONSIDER A REGULAR/STANDARD ORDINANCE BY THE
CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING REQUIREMENTS OF
THE PENAL CODE RELATING TO THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
The Council to Consider the Following Items:
1. Hold a Public Hearing; and
2. Adopt Urgency Ordinance Amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by Adding New Chapter 9.02 Titled “Peace Officer Standards And Training” to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers.
3. Hold a Public Hearing; and
4. First Reading and Introduction of an Ordinance Amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by Adding New Chapter 9.02 Titled “Peace Officer Standards And Training” to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers.
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL - Signal at Harlan Road & Slate Street and Speed Humps around Joseph Widmer School
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/LOCC (Akinjo/Diallo) Council of Governments (Lazard/Diallo)
Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan) Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors (Salvatore) San Joaquin County Commission on Aging (Zavala)
San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) Water Advisory Board (Torres-O’Callaghan/Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) San Joaquin Area Flood Control Agency (Akinjo & Lazard) LAFCo (Diallo)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/City Clerk
8 ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 14, 2022
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 5:36 p.m. The Reau/ ar Meetinu reconvened at 7: 02 n. m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 36 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
2 Potential Case( s)
1. 2. 2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956. 8
Project: Louise / McKinley Ave Intersection Project, CIP PS 15- 02 Property: 16490 McKinley Ave ( APN: 198- 100- 09)
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: 1694 McLouise, LLC
Under Negotiation: Price and Terms of Purchase
1. 2. 3 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Service Employees International Union SEIU) Local 1021
1. 2. 4 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Mid- Managers and Confidential Employees Association ( LMCEA)
1. 2. 5 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Unrepresented Employees: Chief Information Officer, Chief of Police, City Engineer, Director of Community Development, Director of March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 1 9 Finance, Director of Government Services / City Clerk, Director of Human Services, Director of Parks, Recreation and Maintenance Services, Director of Public Works, Human Resources Manager, and Unrepresented Public Safety: Commanders, Sergeants, and Police Officers
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 02 p. m.
1. 2. 6 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided in regards to Items 1. 2. 1 through 1. 2. 5; no other reportable action was provided.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Lazard; and Councilmembers: Akinjo, Diallo and TorresO' Callaghan.
Absent: None.
1. 4 INVOCATION - Pastor Troy Stein, New Life Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Stein led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
On behalf of City Manager Stephen Salvatore, Government Services Director / City Clerk Teresa Vargas announced upgrades to the City Hall Council Chamber audio/ video room, enhancing the ZoomGov experience for those joining remotely.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST -
Vice Mayor Lazard declared conflict of interest with Items 4. 8 and 4. 9, due to her employment with Dell' Osso Farms.
2. PRESENTATIONS
2. 1 LATHROP POLICE DEPARTMENT PROJECT UPDATE, CIP GG 21- 11 City Consultant Dr. Merlin Switzer ( Municipal Resource Consulting Group) and incoming City of Lathrop Police Department, Chief of Police Raymond Bechler provided the presented, which included an update on accomplished milestones, overview of community meetings hetd throughout the city, and on on- going recruitments.
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 2 10 City Consultant Dan Drummond ( Municipai Resource Consulting Group) provided an updated on the joint agreement with City of Ripon to provide dispatch communications services, and overview of vehicles and equipment for the new police department. A question and answer period followed the presentation.
2. 2 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation & Maintenance Services Update on Committee Events and Programs
Parks, Recreation and Maintenance Services Director Zach Jones reported the following past and upcoming events and programs:
City Hall Featured Artist
Announced art display in the City Hall Council Chamber by artist George E. Simmons, art available for viewing Monday through Thursday 8 am - 6 pm, and Fridays 8 am - 5 pm.
Activity Assistance Fund
Provided an overview on the City of Lathrop financial assistance fund designed to help qualifying residents with registration fees for parks and recreational programs.
Special Events
Provided an overview on various upcoming events: " Donuts with the Bunny", scheduled for April 9, 2022; Earth Day Recycling Event" scheduled for April 23, 2022; and Mayor' s Art Show Reception, scheduled for May 13, 2022.
Senior Center Programs
Provided an overview on various upcoming events: " Flower Creations" group meets the 15t Wednesday of each month; " Book Club" group meets the 3
d Wednesday of each month; St. Patrick' s
Day" luncheon, scheduled for March 17, 2022; and guest speaker Karina Talavera from the Catholic Charities will speak about healthy living, scheduled for March 23, 2022.
Youth Development
Provided an overview on various upcoming events: Spring Camp" scheduled for March 14- 18, for grades K- 6t"; " Kids at Play" program scheduled for April 5- 28, for ages 3- 5; and the " Spring Cupcake" workshop scheduled for April 9, 2022, for grades 3- 6tn Teen Programs
Provided an overview on various upcoming events: " Karaoke Night" scheduled for March 25, 2022, for grades 7- 12th; and Family Feud" LHS Club Edition, scheduled for April 22, 2022, for grades 9- 12th Leisure Programs
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 3 11 Provided an overview on upcoming leisure programs: Gymnastics for ages 6- 17; Skateboarding Clinic for ages 5 and up; Football training for ages 5- 13; and " Easter Eggs" Paint Night, scheduled for April 14.
Maintenance Services
Provided an overview on various Maintenance Services activities, which included weed abatement completed on main right- of-way alleys between 5th and 7th Streets; recycled various scrap metal material yielding $ 1, 106 in revenue for the city; and nuisance fruit tree sterilization.
Solid Waste & Recycling
Provided an overview of various education and outreach activities, such as: grant submittal to CalRecyle; organic waste education material mailed to all households and businesses in conjunction with Republic Services; and update on the rerouting of
garbage/ recycling/ green waste collection schedule to accommodate new residential areas, which began on February 21, 2022.
3. CITIZEN' S FORUM
Government Services Director / City Clerk Teresa Vargas announced public comment letter/ email received from Tiffani Underwood, dated March 13, 2022.
Tiffani Underwood ( zoom speaker) provided additional information regarding her concerns. Jerrod Mays ( in person speaker) expressed interested in metal art for the City of Lathrop entrance signs depicting Lathrop' s railroad history.
4. CONSENT CALENDAR
On a motion by Councilmember Torres- O' Callaghan, seconded by Vice Mayor Lazard, the City Council approved the Consent Calendar, except * Items 4. 8 and
4. 9, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: Akinjo ( abstained on Item 4. Z only due to absence) Items 4. 8 and 4. 9 were voted on separately from the Consent Calendar.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 4 12 4. 2 APPROVAL OF MINUTES
Councilmember Akinjo abstained on Item 4. 2 only due to absence.
Approved Minutes for the Special Council Meeting of ] anuary 13, 2022 and Regular Council Meeting of February 14, 2022.
4. 3 DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND
AUTHORIZE THEIR DISPOSAL
Pulled by Councilmember Diallo. A question and answer period ensued.
Finance Director Cari James provided additional information.
Adopted Resolution 22- 5030 declaring certain vehicles and equipment surplus property and authorizing their disposal.
4. 4 ACCEPT THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021
Adopted Resolution 22- 5031 accepting the General Plan Housing Element Annual Progress Report for Calendar Year 2021 and authorizing staff to submit the Report to the Governor' s Office of Planning and Research and State Department of Housing and Community Development.
4. 5 APPROVE 2022 ONE VOICE TRIP PROJECT NOMINATIONS
Adopted Resolution 22- 5032 approving staff recommended project nominations for the 2022 San Joaquin One Voice Trip.
4. 6 APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF
BUILDING OFFICIAL CONSULTING SERVICES
Adopted Resolution 22- 5033 approving Task Order No. 27 to provide Interim Chief Building Official consulting services, pursuant to Master Consulting Agreement dated September 21, 2015 with 4Leaf, Inc.
4. 7 AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE
CITY HALL LANDSCAPE RENOVATION, CAPITAL IMPROVEMENT PROJECT GG 21- 09 AND APPROVE RELATED BUDGET AMENDMENT
Adopted Resolution 22- 5034 awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape Renovation, CIP GG 21- 09, and approving related budget amendment.
RIVER ISLANDS CONSENT ITEM( S)
Councilmember Lazard recused herself, following the vote of the consent calendar( Items
4. 1 to 4. 7), prior to the vote of Items 4. 8 and 4. 9, due to declared conflict of interest as noted in Item 1. 8.
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 5 13 On a motion by Councilmember Torres- O' Callaghan, seconded by Mayor Dhaliwal, the City Council approved Items 4. 8 and 4. 9, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan, and Dhaliwal
Noes: None
Absent: Diallo
Abstain: Lazard
4. 8 APPROVE JOINT USE AGREEMENT AND RELATED EASEMENT AGREEMENT
WITH BANTA UNIFIED SCHOOL DISTRICT
Pulled by Councilmember Akinjo. A question and answer period ensued.
Parks, Recreation and Maintenance Services Director Zach Jones provided additional information.
Adopted Resolution 22- 5035 approving a Joint Use Agreement and related Easement Agreement between tha City of Lathrop and the Banta Unified School District.
4. 9 ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE L" FROM
RIVER ISLANDS DEVELOPMENT, LLC
Adopted Resolution 22- 5036 accepting public improvements for Tract 3833 Village " L" from River Islands Development, LLC.
Councilmember Lazard returned to the chamber/dais following the vote ofItems 4. 8 and
4. 9, for the remainder of the meeting.
5. SCIiEDULED ITEMS
5. 1 OUT- OF- STATE APPROVAL FOR THE 2022 SAN JOAQUIN COUNTY ONEVOICE TRIP City Clerk Teresa Vargas provided the presentation. A question and answer period followed. The City Council discussed adding a new Option (# 6) that would include sending three ( 3) Council Members and the City Manager.
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council adopted Resolution 22- 5037 authorizing new Option 6; out- of- state travel for three ( 3) Council Members ( the Council nominated Councilmembers Akinjo and Diallo, and Vice Mayor Laza- d) and the City Manager to attend the 2022 San Joaquin One Voice Trip to Washington, D. C., from May 7- 13, 2022, and approved related budget amendment. Furthermore, the yty eouncil voted to cancel the Regular Meeting of May 9, 2022 due to la'< of qu rum, and scheduled a Special Meeting on Monday, May 16, 2022.
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 6 14 Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 2 BIENNIAL BUDGET FISCAL YEAR ( FY) 2021 - 2022 MID- YEAR REPORT YEAR 1)
City Manager Stephen Salvatore provided a brief overview of the item.
Finance Director Cari James provided the presentation. A question and answer period followed the presentation. City Attorney Salvador Navarrete provided additional information.
On a motion by Councilmember Akinjo, seconded simultaneously by Councilmember Lazard and Mayor Dhaliwal, the City Council adopted Resolution 22- 5038 approving the Mid- Year Budget Report for Year 1 of the Biennial Budget Fiscal Year 2021- 22, and related budget augmentation request.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 3 CONSIDER RESPONSE TO CITY RFP FOR A COMMERCIAL CANNABIS RETAIL
DISPENSARY IN THE CITY OF LATHROP
City Attorney Salvador Navarrete provided the presentation. A question and answer period ensued throughout the presentation. Incoming Police Chief Bechler, Interim Fire Chief Capper, and Acting Police Chief Alagna provided additional information. Tim Hensley ( in person speaker) expressed interest in establishing a commercial cannabis retail dispensary in the City of Lathrop, expressed regret for not being able to submit his appl ca ion timely, requested Council to consider a new deadline. Corey Travis ( in person speaker/ applicant) expressed interest in establishing a commercial cannabis retail dispensary in the City of Lathrop. Mark Elliott ( in person speaker) expressed concern with the matter, including the propose location of the retail dispensary, public safety and implementing a yearly review of the proposed business. Donald Jimenez ( in person speaker/ applicant) provided additional information regarding the IocGtion on Harlan Road, next to Shell Gas, across from Popeye' s Chicke.
On a motion by Vice Mayor Lazard, seconded by Councilmembzr Diallo, the City Council reviewed the response received and approved the resnor se from Central California Greens, as the selected party to process wa h t p application process to establish a commercial can^ abis ret i! Ci ers ry n the City of Lathrop.
M r h 14, 2022 Lathrop City Council Regular Meeting Minutes f ace 7 15 Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: Akinjo
The City of Lathrop City Council Handbook of Rules and Procedures, page 13, Chapter IV, Section 8( 5) applies to abstentions without identified legal disqualifications.)
6. COUNCIL COMMUNICATIONS
6. 1 COUNCILMEMBER DIALLO REFERRAL - Discussion on American Rescue Plan Act Funding
Councilmember Diallo provided an overview, requested community outreach to identify best methods in disbursing the American Rescue Plan Act funds. The City Council discussed the matter. Council consensus directed staff to bring back options on funding additional parks and recreation programs and or community assistance with food/ essential items.
6. 2 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Akinjo expressed appreciation for support received during his bereavement leave. Councilmembers Torres- O' Callaghan and Diallo commented and recognized Women' s History Month. Vice Mayor Lazard thanked those in attendance. Mayor Dhaliwal expressed condolences to the Akinjo Family for the loss of their beloved Madam Clara Olawobi Fasan.
7. AD) OURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 55 p. m., in memory of Madam Clara Olawobi Fasan. f
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T resa Vargas, MM
overnment Services Director / City Clerk
March 14, 2022 Lathrop City Council Regular Meeting Minutes Page 8 16 CITY MANAGER' S REPORT
APRIL il, 2022 CITY COUNCIL REGULAR MEETING ITEM 4. 3
ITEM: OUT- OF- STATE TRAVEL APPROVAL FOR CITY STAFF
TO PARTICIPATE IN THE ICSC CONFERENCE IN MAY
2022
RECOMMENDATION: Adopt a Resolution Authorizing Out- of- State Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the International Council of Shopping
Centers ( ICSC) 2022 Conference in Las Vegas, Nevada
from May 22, 2022 to May 24, 2022
SUMMARY:
In an effort to market the City of Lathrop to new job generating businesses and retail establishments that complement the needs and desires of its residents, the Economic Development Administrator and Principal Planner request approval to travel out- of- state to attend the annual International Council of Shopping Centers ICSC) conference to be held in Las Vegas, Nevada on May 22, 2022 to May 24, 2022. ICSC 2022 is focused on the attraction of retail establishments and shopping center developers.
BACKGROUND:
The Economic Development Administrator was hired in February 2019 to carry out economic development activities, including marketing the city for attraction of commercial businesses, retail businesses, services and other vital outlets for the success of our community.
On ) anuary 13, 2020, City Council approved Resolution No. 20- 4667 authorizing out- of-state travel and participation at the ICSC 2020 event by the Economic Development Administrator. However, the conference was canceled due to the outbreak of COVID- 19. Airfare and registration credits were received to apply toward future events.
On October 11, 2021, City Council approved Resolution No. 21- 4963 authorizing out- of-state travel and participation at the ICSC 2021 event by the Economic Development Administrator. However, unforeseen circumstances prevented city staff attendance at this show. Airfare credits were received to apply toward future events.
ICSC conferences are held each year to allow networking and deal making opportunities related to the retail industry. Staff schedules meetings with prospective decision makers thereby allowing an opportunity to showcase the City of Lathrop as a potential location for new business. Traditionally, city staff has participated in the western " Deal Making Show" in Monterey and the larger international " RECON" show in Las Vegas. The ICSC show in Monterey is attended 17 CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
OUT- OF- STATE TRAVEL FOR CITY STAFF
by 300 - 500 people with the ICSC Las Vegas show attracting more than 40, 000 people including key decision makers, site selection consultants, developers, company representatives, and retailers.
Attendance of two city staff inembers is being requested. Expenses for this out- ofstate travel request include event registration, airfare, transportation, hotel, food, and participation in the Team California exhibit booth less cancellation credits received from various pre- paid reservations for the ICSC 2020 and 2021 events.
ATTACHMENT " B" includes additional ICSC 2022 Conference and Team California Exhibit Booth Information.
REASON FOR RECOMMENDATION:
Staff requests that the City Council adopt the proposed resolution authorizing Outof- State Travel for two city staff inembers to participate in the ICSC 2022 conference being held in Las Vegas Nevada from May 22, 2022 to May 24, 2022 for the purpose of marketing, outreach, and business attraction.
FISCAL IMPACT:
The total cost for the ICSC conference is estimated to be $ 6, 317. All expenses relating to this conference are within the City Manager Department' s Economic Development Division FY 2021- 2022 budget as approved by City Council.
ATTACH M ENTS:
A. A Resolution of the City Council of the City of Lathrop to Authorize Out- ofState Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the International Council of Shopping Centers 2022 Conference in Las Vegas, Nevada from May 22, 2022 to May 24, 2022 B. ICSC 2022 Conference and Team California Exhibit Booth Information 18 CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
OUT- OF- STATE TRAVEL FOR CITY STAFF
APPROVALS:
3- a- zd 22—
Shelley Burcha Date
Economic Deve opment Administrator
3/9/-
Cari Jame Date
Fina
3- 9- Zo ZZ
Salvador Navarrete Date
City Attorney
3a• zz
Ste en ]. Salvatore Date
City Manager
19 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
AUTHORIZE OUT- OF- STATE TRAVEL FOR TWO CITY STAFF TO ATTEND AND
REPRESENT THE CITY OF LATHROP AT THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS ( ICSC) 2022 CONFERENCE IN LAS VEGAS, NEVADA FROM MAY 22, 2022 TO MAY 24, 2022
WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City; and
WHEREAS, staff has identified targeted industry opportunities to market the City for the attraction of businesses and retail establishments; and WHEREAS, funding identified for marketing event has been considered and approved within the FY 2021- 2022 budget.
THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out- of- state travel for the Economic Development Administrator and Principal Planner to attend and represent the City of Lathrop at the International Council of Shopping Centers 2022 Conference in Las Vegas, Nevada from May 22, 2022 to May 24, 2022.
The foregoing resolution was passed and adopted this 11th day of April 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 1 of 1
20 ATTACHMENT B
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LASVEGAS
Registration Fees*
Register at the Ad ance Rate( ends April 22,? t722)
t' Ieinber • 7) 5
Von- me nber • $ 1. 800
Recaiter member • 0
Studen[ 1. lember • S. SC)
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Let your presence be known and get back on track with ICSC at their biggest live event this yeart
With safety precautions and C C health guideUnes in place, ICSC will be delivering all the networking and content you' ve come to expect from the organi2ation.
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Display you Marketing
Materials and Giveaways
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for a Fraction of the Cost of
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Members:$ 2,000 Nonmembers: 4, 500
21 22
ITEM 4.4
CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LATHROP, LATHROP MID- MANAGERS AND
CONFIDENTIAL EMPLOYEES ( LMCEA), SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 1021
SEIU), AND UNREPRESENTED EMPLOYEES
RECOMMENDATION: Adopt a Resolution Approving the Memorandums of Understanding with the Lathrop Mid- Managers and
Confidential Employees Association for the
Management Bargaining Group and the Service
Employees International Union Local 1021 for the
General Services Bargaining Unit, Provide
Unrepresented Staff with the Same Terms and
Conditions, as Provided to SEIU and LMCEA Members
Pursuant to the Memorandums of Understanding,
Increase Appropriations, and Approve Updated
Grade Step Table
SUMMARY
The City of Lathrop has two ( 2) employee bargaining units, the Lathrop Mid- Managers and Confidential Employees ( LMCEA) and the Service Employees International Union Local 1021 ( SEIU) that each operate under a Memorandum of Understanding ( MOU).
The MOU' s establish wages, working hours, and other terms and conditions of employment. Both LMCEA and SEIU MOU' s expire on June 30, 2022.
In February, the City' s bargaining team comprised of the City Manager, Human Resources Director, Human Resources Manager, Public Works Director and Finance Director began negotiations with both bargaining units. The City' s bargaining team have reached a tentative agreement with LMCEA and SEIU for four ( 4) years covering July 1, 2022 through June 30, 2026. Staff seeks the City Council' s adoption of a resolution to approve a new MOU with LMCEA and SEIU according to the terms described below and provide unrepresented staff the same cost of living increase and a floating holiday.
BACKGROUND
The City Council of the City of Lathrop formally recognized the Lathrop Mid- Managers and Confidential Employees Association ( LMCEA) in January 2010. The current LMCEA MOU expires on June 30, 2022. Negotiations with LMCEA began on February 18, 2022, and concluded on March 15, 2022. The Tentative Agreement was ratified by its represented employees on March 23, 2022.
23 CITY MANAGER' S REPORT Page 2
APRIL il, 2022 CITY COUNCIL
MEMORANDUM OF UNDERSTANDING WITH LMCEA AND SEIU
The City Council of the City of Lathrop formally recognized the Service Employees International Union, Inc., Local 1021 ( SEIU) in November 2002. The current SEIU MOU expires on June 30, 2022. Negotiations with SEIU began on March 3, 2022, and concluded on April 5, 2022. The Tentative Agreement was ratified by its represented employees on April 8, 2022.
The MOU' s establish wages, working hours, and other terms and conditions of employment. The tentative agreements were or will be ratified by LMCEA and SEIU by council meeting time on April llth. The terms and conditions presented for City Council consideration for the LMCEA, SEIU and unrepresented employees are:
Four Year Term ( July 1, 2022 to June 30, 2026)
Cost of Living Adjustments of 4% in July 2022, 2023 and 2024, and 2025 beginning the first full pay period in July.
Add one annual floating holiday
Increase annual tuition reimbursement from $ 1, 100 to $ 3, 000 Language clean- up/ clarification as redlined in attached LMCEA and SEIU MOU' s
UNREPRESENTED EMPLOYEES
Unrepresented employees will be granted the same cost of living adjustment, annual floating holiday and annual tuition reimbursement up to 3, 000 as LMCEA employees.
REASON FOR RECOMMENDATION
The MOU' s are the result of ineeting and conferring in good faith pursuant to the California Government Section Code 3543. 2 and the City of Lathrop EmployeeEmployer Relations Resolution. The MOU' s establish wages, hours, and other terms and conditions of employment for employees represented by LMCEA and SEIU.
FISCAL IMPACT
The estimated fiscal impact of this action is summarized as follows:
Ivating H oliday t1 Q,Q '
Cast af L ving Adjustment 67 5, 235
Tuititrn Reimbur ement 9, 5 Q0
Tata1 Fiscal Impact 785, 735
24 CITY MANAGER' S REPORT Page 3
APRIL il, 2022 CITY COUNCIL
MEMORANDUM OF UNDERSTANDING WITH LMCEA AND SEIU
ATTACH M ENTS:
A. Resolution Authorizing the Mayor to Execute the Memorandum of Understanding with the Lathrop Mid- Managers and Confidential Employees Association ( LMCEA), Service Employees International Union, Inc., Local 1021 ( SEIU), and Provide Unrepresented Staff with the Same cost of living adjustment, Annual Floating Holiday and annual tuition reimbursement, as Provided to LMCEA and SEIU Members Pursuant to the Memorandums of Understanding, Increase Appropriations Necessary Pursuant to this action and Authorize the City Manager to Execute the Same and Approve the Updated Grade Step Table B. Memorandum of Understanding between the City of Lathrop and the Lathrop MidManagers and Confidential Employees Association ( LMCEA), effective July 1, 2022 through June 30, 2026
C. Memorandum of Understanding between the City of Lathrop and the Service Employees International Union Local 1021 ( SEIU), effective July 1, 2022 through June 30, 2026
D. Grade Step Table, Effective July 9, 2022
25 CITY MANAGER' S REPORT Page 4
APRIL 11, 2022 CITY COUNCIL
MEMORANDUM OF UNDERSTANDING WITH LMCEA AND SEIU
APPROVALS:
7// a C _
Date
Finance rector
sa Roland Dat
Human Resources Director
y ZnZ--
Salvador Navarrete Date
City Attorney
Zz
en J. Salvatore Date
City Manager/ Chief Negotiator
26 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUMS OF
UNDERSTANDING WITH THE LATHROP MID- MANAGERS AND CONFIDENTIAL
EMPLOYEES ASSOCIATION ( LMCEA) FOR THE MANAGEMENT BARGAINING GROUP THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021
SEIU) FOR THE GENERAL SERVICES BARGAINING UNIT, AND PROVIDE
UNREPRESENTED EMPLOYEES WITH THE SAME TERMS AND CONDITIONS AS
PROVIDED TO LMCEA MEMBERS PURSUANT TO THEIR MOU' S, APPROVE THE
RELATED BUDGET AMENDMENT, AND APPROVE STEP GRADE TABLE
WHEREAS, the City Council of the City of Lathrop formally recognized the Lathrop Mid- Managers and Confidential Employees Association ( LMCEA) as the exclusive employee organization representing designated mid- manager, supervisory and confidential employee positions in January 2010; and WHEREAS, the City Council of the City of Lathrop formally recognized the Service Employees International Union, Inc., Local 1021 ( SEIU) as the exclusive employee organization representing the general services bargaining unit in November 2002; and
WHEREAS, current Memorandums of Understanding ( MOU' s) expire on June 30, 2022; and
WHEREAS, negotiations with LMCEA began February 18, 2022, and concluded on March 15, 2022 and negotiations with SEIU began March 3, 2022, and concluded on April 5; and
WHEREAS, this resolution represents the agreed upon terms of the new LMCEA and SEIU MOU' s and constitute the result of ineeting and conferring in good faith pursuant to the California Government Code and the City of Lathrop EmployeeEmployer Relations Resolution; and WHEREAS, MOU' s establish wages, hours, other terms and conditions of employment; and
WHEREAS, it has been the practice of the City of Lathrop to revise specified compensation benefits of unrepresented staff inembers to match those of represented employees; therefore, unrepresented employees will be granted the same cost of living adjustment, annual floating holiday, and annual tuition reimbursement as the LMCEA and SEIU MOU' s; and
WHEREAS, all other terms and conditions of the LMCEA MOU were updated with minor modifications agreed upon by the City and LMCEA; WHEREAS, all other terms and conditions of the SEIU MOU were updated with minor modifications agreed upon by the City and LMCEA;
27 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve and authorize the Mayor to Execute the Memorandum of Understanding with Lathrop Mid- Managers and Confidential Employees Association for the Management Bargaining Group ( LMCEA); and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby approve and authorize the Mayor to Execute the Memorandum of Understanding with the Service Employees International Union, Inc., Local 1021 SEIU); and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby provide Unrepresented Staff Members the cost of living adjustment, annual floating holiday, and annual tuition reimbursement as provided to LMCEA and SEIU Members pursuant to their MOU' s; and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby approve the grade step table and budget amendments to be adjusted at year end with a final budget amendment of $ 785, 735.
PASSED AND ADOPTED this 11th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Sonny Dhaliwal, Mayor
APPROVED AS T FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk 28 ATTACHMEI T
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Memorandum of Understanding between
The City of Lathrop and
Lathrop Mid-Managers and Confidential Employees Association Effective: July l, 20 22 through June 30, 20-}s}26
29 TABLE OF CONTENTS
PREAMBLE..................................................................................................................................... 1 TERMS ............................................................................................................................................. 1 PERSONNELRULES..................................................................................................................... 1 OTHER POST EMPLOYMENT BENEFITS—" OPEB"............................................................ 1
1. EMPLOYER- EMPLOYEE RIGHTS and RESPONSIBILITIES........................................2
1. 1. Management Rights........................................................................................................... 2
1. 2. Employee' s Rights— Employer Relations......................................................................... 2
1. 3. Discrimination of Employment Prohibited........................................................................ 3
1. 4. LMCEA Rights.................................................................................................................. 3
2. INSURANCE ............................................................................................................................. 4
2. 1. Health Insurance Options................................................................................................... 4
2.2. Premium............................................................................................................................. 5
2. 3. Cafeteria Benefits Plan ...................................................................................................... 5
2.4. Effective Date of Coverage................................................................................................ 5
2. 5. Dental and vision Insurance............................................................................................... 5
2. 6. Life Insurance.................................................................................................................... 5
2. 7. State Disability Insurance.................................................................................................. 6
2. 8. Flexible Benefits................................................................................................................ 6
2. 9. Continuation of Insurance Benefits While on Leave......................................................... 6
3. LEAVES FROM EMPLOYMENT ......................................................................................... 6
3. 1. Personnel Rules.................................................................................................................. 6
3. 2. Vacation Buy Back............................................................................................................ 7
3. 3. Management Leave............................................................................................................ 7
3. 4. Leave for Promotional Examinations/ Interviews .............................................................. 7
3. 5. Catastrophic Leave Program.............................................................................................. 7
4. SALARIES and COMPENSATION........................................................................................ 8
4. 1. Salary Plan......................................................................................................................... 8
42. Salaries and Merit Step Increases...................................................................................... 8
4. 3. Standby Pay....................................................................................................................... 9
4.4. Work Above Class............................................................................................................. 9
4. 5. Deferred Compensation Contribution................................................................................ 9
4. 6. Severance Procedures........................................................................................................ 9
4. 7. Bilingual Pay ..................................................................................................................... 9
5. HOURS OF WORK AND OVERTIME.................................................................................. 10
5. 1. Work Hours ....................................................................................................................... l0
52. Overtime and Overtime Compensation ............................................................................. 10 i
30 6. RETIREMENT.......................................................................................................................... 10
6. 1. Retirement Formula........................................................................................................... ] 0
7. TRAINING AND EDUCATION.............................................................................................. I 1
7. 1. Driver Training.................................................................................................................. 11
7. 2. Educational Reimbursement Program............................................................................... 11
8. EVALUATIONS AND PERSONNEL FILES ........................................................................ 11
8. 1. Employee Performance Evaluation.................................................................................... l 1
8. 2. Employee Personnel Files.................................................................................................. l l
9. PROTECTIVE FOOTWEAR.................................................................................................. 12
9. 1. Purchase Reimbursement................................................................................................... 12
10. LAYOFFS/ REHIRE OF EMPLOYEES................................................................................. 12
11. SUBSTANCE ABUSE REFERRALS...................................................................................... 12
12. GRIEVANCE PROCEDURE .................................................................................................. 12
12. 1. Purpose .............................................................................................................................. 12
12. 2. Matters Subject to Grievance Procedures.......................................................................... 12
12. 3. Employee Rights................................................................................................................ 12
12. 4. Informal Grievance Procedure........................................................................................... 13
12. 5. Formal Grievance Procedure............................................................................................. 13
12. 6. City Manager Review........................................................................................................ 13
13. EMPLOYEE DISCIPLINE...................................................................................................... 14
14. SUPERSESSION CLAUSE...................................................................................................... 14 SIGNATUREPAGE............................................................................................ 15 APPENDIXA................................................................................................................................... 16 ii
31 PREAMBLE
This Memorandum of Understanding ( hereinafter " Memorandum", " MOU" or " Agreement"), is made by and between the City of Lathrop ( hereinafter " City") and the Lathrop Mid- Managers and Confidential Employees Association,( hereinafter" LMCEA" or" Association"), representing regular employees who are incumbents in regular full-time or part-time( when scheduled to work 20 hours or more per week) positions that are in job classifications comprising the Mid-Management and Confidential Bargaining Unit (refer to Appendix" A"). This Memorandum of Understanding, inclusive of Appendix" B", constitutes the result of meeting and conferring in good faith pursuant to the California Government Code Section 3500 et. seq. and the City of Lathrop Employer-Employee Relations Resolution (hereinafter EERR), establishing the wages, hours and other terms and conditions of employment for employees represented by the Association.
TERM
IThe term of this agreement shall be from July 1, 20-1- 622 through June 30, 20-1s326.
PERSONNEL RULES
A. Personnel Rules: All references to Personnel Rules are specifically and only to the City of Lathrop Personnel Rules and Regulations adopted by Council Resolution No. 14- 3778 on June 16, 2014.
B. Incorporation of Personnel Rules
a. The parties agree that sections of the Personnel Rules that relate to wages, hours or other terms of conditions of employment pursuant to Government Code 3500 et. seq., have been incorporated into this Agreement, whether specifically referenced or not.
I b. During the term of this agreement,- the City will not change provisions of specifically cited Personnel Rules or any other rule or ordinance relating to wages, hours or other terms of conditions of employment without first meeting and conferring in good faith with the Association pursuant to Government Code 3500 et. seq. Members agree to then be bound by Personnel Rules adopted pursuant to this process even if the Rules are inconsistent with provisions of this MOU.
OTHER POST EMPLOYMENT BENEFITS-" OPEB"
In an effort to maintain fiscal solvency, the City will maintain e post employment benefit obligations in the following manner:
1. ' Maintain Irrevocable Trust Fund established in FY 14- 15- Medical Benefits a. Ca1PERS to administer
2. Continue E-- rrfunding OPEB contributions and annual required contribution for term of agreement:
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4.3. Other Post Employment Benefits "
a. Medical post- retirement age eligible at e 55- s- 9
i. All employees retiring after Dec. 31, 2014
ii. All new hires
Ib. j-trs- pPost- retirement medical for all employees retiring after Dec. 31, 2014 and New Hires
i. Retiree + 1
ii_ City- paid retiree medical 55- 65 = same health benefits premium contribution as active employees; continue existing City and employee contributions; City will 1 32
pay one half( 50%) of the difference in premium increase up to 6. 5%; tied to the average plan cost. City- paid medical at Medicare eligibility ( 65) = The City will pay the Ca1PERS Minimum Employer Contribution ( i. e., $ 5149/ mo.— 20 22) iii Retiree i5 re omible for paying the cost of inedical premiums as established by Ca1PERS.
iv The Cit will rocess a reimbursement through the desi nated third- Party Administrator ( TPA) The TPA will rocess the reimbursement to the retiree on or about the 1s1 of each month.
c. Post- retirement medical for existing annuitants and employees retiring on or before December 31, 2014— No change for term of agreement
4. Maintain Post- Retirement Benefit Schedule , ";: '.,'" ' ' T a Employees hired prior to Julv 1 2014; 100% vested
b. Employees hired July 1, 2014 or later; 25% @ 5 yrs., 50% @ 10 yrs., 100°Io @ 15 yrs. ec. The benefit stipend is a dollar amount equal to 100°Io of active average plan cost, by category; i.e. retiree+ 1
1 EMPLOYER- EMPLOYEE RIGHTS AND RESPONSIBILITIES
1. 1 Mana ement Ri: It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services. It is agreed that during the term hereof, the City shall not be required to meet and confer on matters that are solely a function of management, including but not limited to:
1. 1. 1 Determine and modify the organization of City government and its constituent work units.
12 Determine the nature, standards, levels and mode of delivery services to be offered to the public.
1. 1. 3 Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
1. 1. 4 Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
1. 1. 5 Direct employees, including scheduling and assigning work, overtime and work hours. For the purposes of this right, work hours shall not include any change in regularly scheduled work hour that extends for more than one full pay period nor shall it include any revision to the 9/ 80 plan.
1. 1. 6 Establish employee performance standards and to require compliance therewith.
1. 1. 7 Relieve employees from duty because of lack of work, or lack of funds or for other legitimate reasons.
1. 1. 8 Implement rules, regulations and directives consistent with law and the specific provisions of this MOU.
1. 19 Take all necessary actions to protect the public and carry out its mission in emergencies.
1. 1. 10 Provisions of this section shall not be subject to the grievance procedure.
1. 2 Employee' s Rihs- Em loyer- Em lovee Relations: LMCEA and the City recognize that each employee shall have the following rights that ( s) he may exercise in accordance with this Memorandum, the Employer- Employee Relations Resolution, applicable law, ordinances and rules and regulations:
2 33
12. 1 The right to form, join, and participate in the activities of any labor organization of his/ her own choosing for the purpose of representation of all matters within the scope of representation.
1. 22 The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the City, other employees or employee organizations, with respect to his/ her membership or non- membership in any employee organization or with respect to any lawful activity.
1. 2. 3 The right to refuse to join or participate in the activities of any employee organization.
1. 3 Discrimination of Em loyment Prohibited: The City of Lathrop prohibits discrimination in employment as outlined in Rule 2 of the Personnel Rules and Regulations.
1. 4 LMCEA Ri hts: LMCEA shall have the following rights:
1. 4. 1 Representation: To meet and confer in good faith with the City Manager regarding matters within the scope of representation.
1. 4. 2 Advanced Notice: Except in cases of emergency, LMCEA shall be given five (5) days advance written notice of any ordinance, resolution, rule or regulation, proposal or other action directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer in good faith with management prior to its adoption. Written notice will customarily be provided by letter or furnishing LMCEA with advance copies of the agenda of the City Council.
1. 43 In cases of emergency when City management determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or negotiations with the Association, City management shall provide such notice and opportunity to negotiate at the earliest practicable time following the adoption of such ordinance, rule or regulation, proposal or other action.
1. 4.4 Meeting Attendance: LMCEA may have three e ( 3) employees who serve as official representatives released from work without loss of compensation when meeting and conferring with management representatives where matters within the scope of representation are being considered.
1. 4. 5 Representatives' Access to Employees
a. Authorized representatives of LMCEA ( employed by LMCEA) shall be allowed reasonable access to members of the unit at their work locations during the working hours of the employees. The authorized representative shall give advance notice to the supervisor or department head when contacting the departmental employees during their duty period. Meetings shall be held in a private office or conference room.
b. Reasonable solicitation for membership or other internal Association business shall be conducted only during the non- duty hours of all employees concerned, so long as normal work functions of City are not interfered with.
1. 4. 6 Association Officers: Association Officers and Directors ( City employees) employed and recognized by City may assist employees in resolving complaints and grievances at the lowest possible administrative level of review. Officers and Directors will be allowed a reasonable amount of City time, provided that the work of the employee and the service to the public are not unduly impaired, to investigate, process and meet with management on a complaint or grievance. 3 34
a. Release Time: A request for release time for the purposes outlined above shall be made prior to taking the release time. Such a request shall not be unreasonable denied.
b. Designated Officers and Directors The Association shall provide a current list of all designated Officers and Directors to the City Manager or designee at the beginning of each calendar year and whenever there is a change in the list of Officers and Directors. The list shall show the employee name, classification, department and work location and normal are to be covered. No Officers and Directars shall be recognized as such by the City without a written request from LMCEA.
1. 4. 7 City Facilities Use: City facilities shall be available to LMCEA as follows:
1. City Buildin s: LMCEA may be granted the use of City buildings, but not City equipment, for meetings composed of City employees within the bargaining unit provided space can be made available without interfering with City needs. LMCEA shall obtain the permission of the designated City official for the use of such facilities.
2. Bulletin Boards: LMCEA shall be allowed reasonable use of designated City bulletin boards to provide information to members under the following conditions:
a) Material shall be posted on space as designated.
b) Posted material shall not be misleading, contain any deliberate misstatements and/ or violate any Federal, State or County laws. c) Material shall be neatly displayed and shall be removed when no longer timely.
1. 4. 8 Employee Payroll Deductions: LMCEA shall have the right to a payroll deduction for its members in this unit including regular dues and employee benefit program costs. Regular dues and employee benefit program costs may be deducted from the employee' s individual paycheck. Except as otherwise provided in this Memorandum, payroll deductions shall be made only upon the revocable written authorization of the individual employee. A continuation of LMCEA payroll deductions, without resigning a payroll deduction card, shall be allowed after an employee returns from a leave of absence.
1. 4. 9 Separation From Unit: The provisions of this Agreement shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation" includes transfer out of the unit, layoff and leave of absence with duration of more than thirty (30) days.
1. 4. 10 Forfeiture of Deductions: If the balance of an employee' s wages, after all other involuntary and insurance premium deductions are made in any one pay period, is not sufficient to pay deductions required by this Agreement, no such deduction shall be made for that period.
1. 4. 11 The authorization for payroll deductions described in this agreement shall specifically require the employee to agree to hold the City harmless from all claims, demands, suits or other forms of liability that may arise against the City for or on account of any deduction made from the wages of such employee. 2 INSURANCE
4 35
2. 1 Health Insurance Options: The City shall provide an option for health insurance coverage for I
eligible employees and e endents. All health and health- related plan or benefit years shall coincide with the calendar year.
22 PREMIUM: The City will increase the maximum amount that it will pay for all benefits I medical, dental, and vision) currently $ 1, 4865/ month effective January 1, 20-1- g22.
Effective January 1, 2017, the City will increase the maximum amount that it will pay for all benefits ( medical, dental, vision) to one half( U2) of any premium increases during the term of this MOU, but not to exceed an annual increase of six and one half( 6'h°Io) percent.
2. 3 Cafeteria Benefits Plan: The City shall provide represented employees a cafeteria benefits plan that will be funded with the City' s employer' s health benefit contribution.
A. The City shall maintain a Cafeteria Benefits Plan for each represented employees in regular employment status. Monies in and employee' s Cafeteria Benefit Plan shall first be used for the following purposes:
2. 3. A. 1 Medical insurance.
2. 3. A. 2 Dental insurance.
23.A.3 Vision insurance.
B. Upon first providing proof of inedical, dental and vision insurance coverage to the City' s Human Resource Department, whether it be from the employee' s Cafeteria Benefits Plan or a spouse/ partner/ parent' s employer provided health benefit program, a representative employee may elect to use up to 35% of the City' s health plan contribution to the Cafeteria Benefits Plan for one or more of the following purposes:
2. 3. B. 1 Payments on the employee' s behalf to the City of Lathrop' s deferred compensation providers;
2. 3. B. 2 Payment to the City's 125 plan administrator for reimbursement of the Internal Revenue Code 125 eligible dependent care; or
23.B. 3 As a taxable cash payment of the unused balance.
C. Each represented employee shall provide the Human Resource Department in writing, on a form provided and at times designated by the City each year, all information necessary to administer the Cafeteria Benefits Plan during the 12 month period beginning the first day of each plan benefit year. Thereafter, no changes to designations made will be allowed until the following open enrollment period.
D. Each represented employee shall be responsible for providing immediate written notification to the Human Resources Department of any change to the number of his/ her dependents which affects the amount of the City payment on the behalf of the employee. Changes in the cafeteria benefit payments required because of a change in an employee' s number of dependent shall take effect at the start of the first pay period in the month next following the month in which notice from the employee was received by the Human Resources Department. No retroactive payments shall be allowed.
2. 4 Effective Date of Covera e: The effective date of coverage for new employee health, dental, and vision insurance plans shall be in the month next following the date of appointment to employment as a regular employee.
2. 5 Dental and Vision Insurance: The City provides dental and vision insurance that is on a calendar plan year. When an employee enrolls in either program, he/ she is expected to remain 5 36
enrolled during the term of this MOU, unless a permissible event, as described in the plan, allows the employee to withdraw or modify coverage.
2. 6 Life Insurance: Employees with more than 30 days of employment with the City shall receive an amount of group term life insurance equal to the amount of their annual salary.
2. 7 State Disability Insurance: The City shall purchase, and pay the full premium for, State Disability Insurance ( SDI). SDI provides weekly benefits in the event an employee is unable to work due to an illness or injury that is not job-related. Employees receiving benefits from SDI and who are supplementing those benefits with accrued leave time to receive a full paycheck shall receive the City' s contribution to their Cafeteria Benefits Plan.
2. 8 Flexible Benefits: Employees may participate in a flexible benefit program ( as allowed and prescribed by Section 125 of the Internal Revenue Code and applicable IRC sections and regulations) that permits the payment of unreimbursed eligible dependent care costs and/ ar insurance premiums with pre- tax dollars. This flexible benefit program may be expanded, provided that there is no cost to the City, to include other unreimbursed expenses permitted by the Internal Revenue Code and its related regulations. Any Internal Revenue Code amendments that affect these deductible medical expenses and/ or City liability shall void that portion of the flexible benefit program.
2. 9 Continuation of Insurance Benefits While on Leave of Absence: When an employee is on an authorized leave of absence without pay, the employee shall be allowed at the employee' s own expense to remain under the health, dental, vision and life insurance coverage for up to twentysix( 26) bi-weekly pay periods provided that such employee shall pay the applicable premiums at least two( 2) weeks prior to the premium due date. Specific arrangements for such coverage shall be made with the Finance Department.
Employees who must pay either all or a portion of their health, vision, dental and life benefits shall either arrange for the payment to be deducted from their paychecks or, if the amount of the paycheck is not sufficient, pay those benefits to the Human Resources Department twice per month at least two( 2) weeks prior to the premium due date. Failure to pay for these benefits two ( 2) weeks prior to each premium due date shall result in cancellations of the insurance. z i A[ IL' C G' I?fll i L' l iiDi ( 1Vl iiT`.NT
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43 SALARIES and COMPENSATION
4- 3. 1 Salary Plan: Salaries, including merit step increases, shall be administered pursuant to Personnel Rule 6. 2 with the base City- wide Salary plan based on competitive market values
4- 3. 2 Salaries and Merit Step Increases
8 39
A. There shall be a four percent ( 3i4% cost- of-living increase for Fiscal Year 20-1- 622, 20 23, 2024 and 20-1- 25; beginning the first full pay period in July, 20-1- 622, July 20-- 23, Jul. and July 20- 25.
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4 3. 3 Standby Pay: Full-time employees shall receive $ 3. 00 per hour as standby compensation for all hours they are assigned to standby except for those hours actually worked and for which the normal pay is received.
4.43. 4 Wark Above Class: While the City does not encourage the practice of working out- ofclass, it is recognized that there are times when such a situation may occur, such as unforeseen extended leaves or vacations. Working out- of-class assignments are at the discretion of the Department Head. When it does occur, the City agrees with providing just compensation to eligible employees working out- of-class. The City agrees to provide out- of-class compensation after the completion of more than 10 consecutive days of working out- of-class or more than 20 accumulative days of working out of class per fiscal year. Out- of- class compensation is to be a minimum salary increment of 5 percent or the lowest step of the higher range, whichever is greater. For purposes of this provision, " eligible employee" refers to an employee in the same class series who is qualified to perform the class duties and who have found to be" meeting job expectations" or better on their most recent evaluation.
Therefore, opportunities for working above class shall, to the extent possible, be spread among all those who qualify for said position. If the supervisor determines that someone will be assigned to work " out- of-class" they shall appoint one of those who qualify. If there is more than one employee who is qualified to work out- of-class, then each such assignment shall be to a different employee so that all qualified employees obtain approximately equal opportunities to work above class. All working above class assignments will be requested by the Department Head and submitted to the City Manager for approval. 4 35 Deferred Compensation Contribution
I A. The City of Lathrop maintains i- eefour ( 3,4) voluntary, employee only Section 457 Deferred Compensation Plans. The City, at its sole discretion, shall have the right at any time during the period covered by this agreement to develop charges necessary for the administration of the plan or plans, and implement said charges for active and inactive participants, to be paid by active and inactive participants.
In any case, the charge shali not exceed the actual cost to the City for administration of the plan or plans as computed by the Finance Director under standard accounting practices for cost allocation purposes.
B. Before implementing a payroll deduction charge, the City will make every effort to negotiate with the plan vendors andlor third party administrator to recoup the City cost from their management fees.
4-63. 6 Severance Procedures: Severance procedures shall be in accordance with the Personnel Rules section 6. 6.
4 3. 7 Bilin u
al PaX
ICity agrees to pay$ 60 per month for up to five ( 5) employees as compensation for using their skills in a language other than English under the following conditions:
a. The employee must be certified to speak, write and read in the language for which pay is be provided; and
9 40
b. Following a request by the employee, the Department Head, as approved by the City Manager, must determine that the language is a certified language and that there is a benefit to the City for the employee to provide translation services in the language for which compensation is requested; and
c. The City has approved the certification process to be used by the employee in advance of the certification being obtained.
4 HOURS OF WORK AND OVERTIME
4. 1 Work Hours: Working hours, including City business hours, meals and rest periods, notification of employee absence and flexible work schedules shall be in accordance with Personnel Rule 4. 1.
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4. 2 Overtime and Overtime Compensation: The City of Lathrop eshall compensate City employees for all hours worked, including overtime hours worked in compliance with the Fair Labor Standards Act( FLSA). The FLSA categorizes employees as exempt and nonexempt. Exempt employees are not eligible for overtime or compensatory time. Exempt employees includes all employees who meet one or more of the duties test exemptions from overtime under the FLSA ( e. g. executive, administrative, professional) and who are paid on a salary basis. Salary basis means compensation in a predetermined amount that is generally not reduced regardless of the quality or quantity of work actually performed.
The City Manager shall classify all positions for purposes of FLSA. Department Heads shall see that records are kept and overtime and compensatory time are approved in accordance with I epartmental procedures. The Finance Manager shall calculate pay periods.
For purposes of the 9/ 80 alternate work schedule, the Friday warked ends/ begins mid- day Friday; the designation of mid- day Friday is the start of the pay period.
A. Overtime Compensation
1. An employee who works beyond the specified numbers of hours in the pay period shall receive compensation at the rate of one and one- half times the regular base pay. All time in paid status, with the exception of vacation, sick and compensatory time taken, shall be deemed time worked for the purposes of this section.
2. Compensatory time may be given in lieu of paid overtime at the discretion of the Department Head. Employees earning compensatory time may only accumulate eighty ( 80) hours. Employees who accumulate more than the maximum eighty ( 80) hours shall be paid for overtime hours in excess of the maximum.
B. Approval of Overtime
1. Overtime worked must be approved by the Department Head prior to being worked. The Department Head should make sure that appropriate and accurate records of all overtime hours worked and any compensatory time earned are kept.
2. Failure to have overtime approved in advance, except for call- back time, will not prevent the City from compensating the Employee for the time worked; however, disciplinary action may be taken for working unauthorized hours.
C. Payment of Accrued Overtime
10 41
1. Any accrued compensatory time shall be used before accrued vacation leave whenever an employee takes time off.
2. Use of compensatory time should not create a situation where overtime for other personnel within the department or City is necessary to maintain operations.
3. Upon termination of employment, any compensatory time up to the maximum accrual earned and unused by the employee shall be paid at a rate of pay equal to the employee' s current rate of pay at termination.
D. Record Keeping
Each Department Head shall see that accurate records are kept of all hours worked by each employee within the department. Such records shall differentiate between scheduled hours and overtime hours worked and all leave hours taken per work period for each employee. Copies of all time worked records shall be submitted to the Finance Department at the end of each pay period or each work period. These records shall be maintained for at least three ( 3) years.
Hours worked shall be documented and compensated in fifteen ( 15) minute intervals. For example, an employee working more than five ( 5) minutes in a fifteen ( 15) minute interval shall be compensated for fifteen ( 15) minutes.
5. LEAVES FROM EMPLOYMENT
5. 1 Paid Holidays
The City recognizes that various special occasions occur during the course of a year which warrant special celebrations and/ or observances. These occasions are generally designated by Federal and/ or State Statute, or by tradition. In order to acknowledge these occasions, the City has determined that it will recognize certain holidays throughout the year and allow City employees to observe these occasions by granting employees time off work, with pay or giving an additional day' s or shift' s pay.
A. Any day designated as a paid holiday by the City Council shall be considered a legal holiday for City employees.
B. The City shall observe the following holidays:
HOLIDAY DATE OBSERVED
New Year' s Day January 1
IMartin Luther King Jr. Day: 3rd Monday in January
Washington' s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1 st Monday in September
11 42
Veteran' s Day November ] lth
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
December 24 December 24
December 25th December 25
IDecember 31 New Year' s Eve
If a holiday falls on a Sunday, the following Monday will be observed as the holiday, except that if December 24th or December 31 st falls on Sunday, the preceding Friday will be observed as the holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the holiday. If December 24th or December 31st falls on Friday, the preceding Thursday will be observed as the holiday.
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C. Employees Occasionally Warking Holidays
Regular full-time and regular part- time employees required to occasionally work on a holiday( e. g., Parks and Recreation and Public Works employees) may be permitted to take a different day as the holiday, accrue the time as compensatory time or be compensated for the holiday as approved by the Department Head. Compensation shall include eight ( 8) hours of Holiday Pay, for full-time employees, plus time and a half for the number of hours actually worked.
5. 2 Floatin Holiday
Em lovees shall be entitled to one( 1) floatin h
oliday ( 8 9 10 or 12 hours based on
employee schedule) each Fiscal Year. Floating Holiday time shall be accrued durin the paY period that includes July 1 st. New emplo ees hired after July 151 shall not accrue a floatin holiday until the following Jul ls`.
12 43
Floatin h
olidays accrued shall be available for use the first day followin the pay period in which they are accrued and shall be scheduled at a time mutuall re ed upon between the employee and Supervisor/ Department Head.
FloatinQ holid hours must be used in the fiscal year they are received. Any Floatin holiday hours remainin at June 30`f' shall be rolled over into the employee' s vacation bank.
5. 3 Vacation Time
The City of Lathrop seeks to provide City employees with time away from their daily job duties in order to relax, to refresh their energies and dedication to the job, and to maintain their health and personal well- being. For this purpose, the City has devised a vacation program for City employees.
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Full- time employees shall begin to accrue vacation leave on the date of hire on a bi- weekly basis at a rate based upon tenure of employment:
Years of Service Monthly Accrual Annual Accrual Max Accrual 0- 4 Years 6. 667 hrs 80 hrs 240 hrs
5- 9 Years 10 hrs 120 hrs 360 hrs
10+ Years 13. 33 hrs 160 hrs 480 hrs
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5. 3. I Vacation Buv- Back
A. Exempt employees are eligible to buy back up to forty ( 40) hours of accrued vacation hours per year. This will be based on the amount of vacation accrued on December lst of each year. Vacation buy-back will not be automatic. Employees wanting to buy-back vacation must submit a written request to the City Manager by December 15th of each year. At the time the request is submitted, the exempt employee must have accrued a minimum of forty( 40) hours of vacation time. If a request is not received by December 15th, the buy-back will not be allowed.
B Exempt employees whose accrued vacation time exceeds the accrual maximum set forth in the Personnel Rules and Regulations an additiona( vacation buy back is 13 44
authorized for any hours above the accrual cap. Redemption over the maximum accrual amount shall take place quarterly.
C Non- exem t employees over vacation accrual maximum at January 1 will be able to buy back up to forty ( 40) hours of vacation time above the accrual ca per year and will be paid out with pa period one (# 1).
5. 3. 2 Vacation Schedulin
All vacation time must be scheduled in advance with the Department Head and should be taken at a time which does not unnecessarily burden the department. As much as possible and as work scheduling permits employees may take multiple weeks of vacation when properly scheduled with their Department Head. All leave shall be approved by submitting a completed leave form to the Department Head for approval. Leave equaling one ( 1) week or more should be scheduled at least two ( 2) months in advance. Earlier scheduling of leave is encouraged in order to allow supervisors to reassign work load.
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C 5. 3. 3 Use of Vacation Benefits
Employees are eligible to take accrued vacation time after completion of an approved probationary period. An employee may take some accrued vacation time prior to having completed the probationary period if approved by the Department Head. The vacation time will only be allowed if the situation requiring the taking of the vacation time is an emergency, or if the taking of the vacation time was negotiated prior to employment.
Ik 5. 3. 4 Vacation Accrual
Employees may accrue vacation time to a maximum of three ( 3) times their current annual accrual rate. Any employee exceeding this maximum accrual on December 31st of each year shall discontinue accruing vacation until such time as the total accrual drops below the maximum accrual limit. An employee' s accrual limit may exceed the maximum limit during the year; however, the employee will discontinue accruing vacation on December 31st of each year if his/ her accrual exceeds the maximum limit.
Employees who have a scheduled vacation canceled during the months of November and December due to an emergency may have their maximum vacation accrual temporarily increased. In this ease the employee must meet the following conditions:
1) The employee' s vacation accrual must be above the maximum on December 31st of that year.
14 45
2) The Department Head must determine that there was no other available time during the months of November and December when the vacation could be rescheduled.
3) The maximum accrual extension must be approved by the City Manager. 4) The provisions for discontinuing accrual based on exceeding the maximum limit will be waived for one ( 1) year. The provisions for discontinuing accrual based on maximum limit shall be enforced the following year.
5. 3.5 Accrued Vacation Upon Seuaration
Employees are entitled to all accrued vacation leave upon their separation as a City_ mployee_
5. 4 Sick Leave
The City understands that there are times when a City employee, because of illness or injury, or illness or injury related circumstances, cannot and should not be at work. Sick leave is not a privilege to be used at an employee' s discretion, but may only be used in cases of necessity and I
actual illness or disability of the employee or a family member needing care as set forth ti-} below. The City shall adhere to appropriate state and federal mandated family care leave laws. ( See Rule 8. 4.)
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5. 4. 1 Accumulation and Use of Sick Leave
Full- time and exempt employees may begin to accumulate sick leave on the date of hire at a rate of eight ( 8) hours per month.
3: An employee eligible for sick leave may accumulate an unlimited amount of unused sick leave. An employee may begin to utilize accumulated sick leave after having completed three ( 3) full pay periods of employment. n c *.,.;., „,.. v,.,, ..,;»,,,,,.,,; a„ n, a
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5. 4. 2 Definition of" Family Member" pursuant to Labor Code Section 245. 5 Family Member" includes the following:
a._ A child, which for purposes of this section means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
b. A biological, adoptive ar foster parent, stepparent, or legal guardian of an employee or the employee' s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
c. A spouse
d. A registered domestic partner
e. A grandparent
f. A grandchild
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g. A sibling.
I5.4. 3 - Notification of Need to Use Sick Leave
A. Employees should provide reasonable notice to their supervisor of inedical appointments. Any employee needing to be absent from work because of a sick leave circumstance will arrange for a telephone report to his or her supervisor by the beginning of the scheduled work day or shift ( no later than the start of the work shift) to ensure coverage can be arranged.
B. Any use of sick leave, including maternity, paternity, and parenting leave, which results in absence from work exceeding three ( 3) successive wark days, may be required to be supported by a medical certificate or other evidence acceptable to-the supervisor. This evidence may be required on the first working day the employee returns to work. The supervisor or Department Head may ask for medical evidence of illness for any use of sick leave if the request for evidence is made to the employee prior to his or her returning to work following the illness, or if the supervisor has a suspicion of sick leave abuse.
I C. If a sick leave circumstance requires an employee to be away from work for a period beyond the individual' s accumulated sick leave, then the time away from work may be taken as vacation time or compensatory time if either is available. When all paid leave is exhausted, leave without pay may be given.
4.D. Upon return to duty after use of sick leave, the employee shall complete a leave form to be signed by the Department Head and forwarded to the Payroll office.
I E. Any employee who is absent from work for a period of three ( 3) consecutive work days without notifying his or her supervisor shall be separated from employment with the City. This separation shall be defined as a voluntary resignation and as such shall not be subject to the appeal grievance process.
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5. 4. 4 Sick Leave Conversion
A. Employees eligible to accumulate sick leave may at the end of each calendar year convert some of the unused sick leave accumulated during each calendar year to vacation leave provided:
l. A full- time employee has an accumulated balance of unused sick leave of more than ninery- six ( 96) hours; conversion does not reduce unused sick leave hours below ninety-six ( 96) hours; and the employee has not used mare than forty ( 40) hours of sick leave during the prior calendar year. A maximum of forty ( 40) hours of sick leave may be converted, but will be reduced hour for hour by sick leave used by the employee during the 17 48
calendar year. If an employee uses forty ( 40) or more hours of sick leave during the year, no sick leave may be converted_
a--
2.-_Once an employee has met the criteria for his or her^^ r+;^„'. '^^ r e€employment, the sick leave conversion will automatically take place unless the employee directs otherwise. ^^' +" ^'^, ";" ' ^''_ n^ z The additional vacation hours will a pear on the employee' s-- te check stub or other record. Any sick leave converted shall be added to acrued vacation and be governed by the vacation accrual limits and usage rules. Conversion of sick leave shall be done after the last pay period of each calendar year.
It 5. 4. 5 Abuse of Sick Leave
Use of sick leave without legitimate medical need is sick leave abuse which will be cause for discipline in accordance with disciplinary procedures.
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5. 4.6 Dealin with Sick Leave upon Termination of Employment An employee leaving City employment for any reason will not receive or be compensated for unused sick leave.
A 5. 4. 7 Sick Leave Use and Other Income Benefits
A. Workers Compensation
1. Sick Leave should not be used for work shifts or days missed during periods of work related injury or illness except to compensate for time not covered by workers compensation insurance. When the injury is reported, the employee shall also declare to the Human Resources Department his/ her intent to:
a. Take the workers compensation benefits received in which event the City shall reduce the bi- weekly pay check by the amount of workers compensation benefits accrued ( generally two- thirds of regular wages). The employee may use sick leave for the time not reimbursed by workers compensation; or
4.b. Immediately release all workers compensation benefits received to the City. By doing so the employee may use sick leave to cover the 18 49
entire period of work missed due to a work related injury or illness.
At the time the workers compensation benefits are returned to the City, the appropriate amount of sick leave taken will be reinstated to the employee' s accrual. If the employee fails to return the workers compensation benefits to the City, the City may reduce the employee' s pay check by deduction to compensate the City for the value of the workers compensation benefits. In addition the employee may forfeit the sick leave used.
c. Leave related to workers compensation injuries such as worker' s compensation hearings and post injury health care provider' s visits, may be compensated to the employee through administrative leave if approved by the Director of Administrative Services, or designee.
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B. Disability Insurance
Sick leave may be used in conjunction with disability benefits in order to receive 100% of an employee' s salary during disability. It is the responsibility of the employee to make sure sick leave use is recorded and documented with the Finance Department when used in conjunction with disability leave.
2. Other
Sick leave use must be coordinated with other benefits as outlined in this Rule.
45. 5 Catastrophic Leave Program
5. 5. 1. Conditions of Participation:
A. Application for receipt of catastrophic leave donations will be processed by the Human Resources Department.
B. An employee becomes eligible to receive catastrophic leave donations when the employee has exhausted or will soon exhaust all his/ her accrued leave, as a result of verifiable long- term illness or injury suffered by the employee.
5. 5. 2. Donation of Time
A. Employees may donate accrued vacation, or compensatory time: sick leave may not be donated.
B. Donations may be made in whole hour increments from a minimum of four ( 4) to a maximum of sixteen ( 16) hours per donor.
C. Donors must have an overall leave balance of 80 hours remaining after donated time has been deducted.
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D. Once donated to an individual, donated leave cannot be reclaimed by the donar.
E. Cumulative total of donated time received by the employee cannot e eXceed the minimum amount of time needed by verification of the doctor.
5. 5. 3. Processing of Donations
A. Upon receipt of an application for use of this section, Human Resources shall verify that the employee has a long- term illness or injury that requires leave under this program.
B. Upon verification, the Human Resources Department shall notify Payroll of the eligibility of the employee to receive catastrophic leave donations.
C. Upon receipt of donation authorizations, Payroll shall take the following actions:
D. Verify that the donating employee has the minimum required leave balance required for the donation and convert donated time dollars at the hourly rate of the donor and subtract from the designated leave category. Pay supplements which are a percentage of base salary ( except above class pay and special assignment pay) shall be added to the base salary prior to converting the value of the donated time to the recipient.
l. Convert donated dollars as computed above to work hours at the hourly rate of the recipient and add the recipient' s sick leave balance.
2. Notify departments of changes in leave balances by noting payroll adjustments for the next payday.
3. Retain a confidential file of donation authorization.
5. 5. 4. Treatment of Donated Time
A. Donated time is treated as sick leave accrued by the recipient of the donation.
B. Donated time does not alter the employment rights of the county of the recipient, nor extend or alter limitations otherwise applicable to Leaves of Absence of Sick Leave, except as noted in this agreement.
C. Employees who are utilizing donated sick leave hours will continue to accrue vacation and sick leave in accordance with the provisions of this Memorandum of Understanding; however, they will not be eligible to receive sick leave conversion. 20 51
I5.6 Jury Duty
Any employee summoned for jury duty shall receive compensation at their regular rate for those days missed. Any amount received for jury duty pay must be returned to the City. An employee may elect to take compensatory time to perform jury duty and keep the court fees received. If any employee is subpoenaed to court on a personal matter, any time away from work during regularly scheduled working hours shall be compensatory time, vacation time, or leave without pay. Court pay for mileage shall be retained by the employee.
5. 7 Management Leave
A. -Exempt employees, "
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be given twentX five ( 25) hours er quarter in January, April, July and October for a total of one hundred l( 00) hours of management leave in each calendar year. This leave shall be prorated at the time of hire for new employees.
B. Management leave not used by December 31st of each year will be converted to vacation time.
C. Scheduling of management leave shall be done in the same manner as vacation scheduling, as outlined in Rule 7. 2.
5. 8 Leave for Promotional Examinations/ Interviews
Employees shall be allowed the necessary time off with a participate in internal promotional examinations/interviews for the City, which are held during the regular work hours.
5. 9. Authorized Absence
Employees shall be in attendance as required b t
heir position. Any unauthorized
absence may be cause for discipline. Authorized absence means permission to be absent from dut f
or a s ecified urpose, with the ri ht to return before or upon the expiration of the leave period. Requests for leave are to be completed on a City approved form and submitted to the employee' s Department Head. 6 RETIREMENT
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6. 1. Retirement Formula: The City of Lathrop participates in the California Public Employees Retirement System (Ca1PERS) as follows:
6. 1. 1 For full-time or otherwise qualified employees hired before December 31, 2009, the City contracts with CaIPERS to provide 2°Io @ 55 formula based I on the average of the highest 3 years final compensation. ti.
Employees contribute 4% of the Employee share and the City picks up 3°Io of the Employee share.
Effective the pay period including 1/ 1/ 15, Employees will contribute 5% of the Employee share and the City will pick up 2% of Employee share.
Effective the pay period including 1/ 1/ 16 Employees will contribute 7°Io of the Employee share and there will be no City pick up of Employee share.
6. 1. 2 For full-time or otherwise qualified employees hired on or between January 1, 2010 and December 31, 2012, or new employees hired on or after January 1, 2013 who qualify as a Classic Employee pursuant to Ca1PERS regulations, the City contracts with Ca1PERS to provide 2% @60 formula based on the average of the highest 3 years final compensation.
Employees contribute 4% of the Employee share and the City picks up 3% of the Employee share.
Effective the pay period including 1/ U15 Employees will contribute 5% of the Employee share and the City will pick up 2% of Employee share.
Effective the pay period including 1/ 1/ 16 Employees will contribute 7% of the Employee share and there will be no City pick up of Employee share.
6. 1. 3 For full-time or otherwise qualified employees who are hired on or after January 1, 2013 or previous Ca1PERS members hired on or after January 1, 2013 who are not qualified as Classic Employees pursuant to Ca1PERS regulations, CaIPERS has by statute implemented a 2% @62 formula based on the average of the highest 3 years final compensation. i. Employees shall pay 50°Io of the normal cost rate as determined by Ca1PERS.
6. 1. 4 Employee contributions toward the Employee share shall occur pre- tax I pursuant to 414( h)( 2) of the Internal Revenue Code. 6-- 6. 2 Retiree Health Savings: The City will enter into an Administrative Service Agreement with ICMA-RC to make the RHS Plan available to designated employees.
Pursuant to the Administrative Service Agreement, the City will act as the sponsor of the Plan. As the Plan sponsor, the City will be responsible for making employee authorized payroll deductions and transmitting them as contributions remitted 22 53
directly to Vantagepoint Transfer Agents In accordance with the Administrative Service Agreement.
Participation in the RHS Plan shall be restricted to Association members in good standing and Associate Members as defined by the Association Bylaws on file with the City. The RHS Plan Adoption Agreement Section V.B requires that all members of the Association participate in The Plan.
The Association shall notify the City of the amount of payroll deduction to be made on behalf of Plan participants. Each participant shall provide the City with written authorization for a
voluntary deduction of the designated amount. Contributions to the RHS Plan shall be made solely with funds designated for that purpose through payroll deduction for each participant. No contribution will be made by the City.
The initial " Mandatory Employee Compensation Contribution" shall be five percent
5. 0%) of each participant' s bi-weekly base salary. The Association retains the right to change the mandatory contribution upon notice to ICMA-RC and the City.
All costs associated with the Plan, including annual asset fees and annual account administration fees, shall be borne by the individual participants. With the exception of the incidental costs of administering payroll deductions and electronically transmitting the Plan contributions, the City shall not be responsible for any costs associated with the RHS Plan.
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7 TRAINING AND EDUCATION
7. 1 Driver Trainin: When requested, all City employees will participate in the City Defensive Driver' s Training Program as a mandatory requirement of being an employee of the City. 72 Educational Reimbursement Program: It is the City' s policy to promote operational efficiency.
Department Heads may make specific funds available for job-related education and training within their departments. The expenditure of training funds is discretionary with a Department Head within budget appropriations.
A. Education
1) Employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their City job.
Approval for reimbursement must be given by the City Manager prior to enrollment. Requests should be submitted in writing to the City Manager. An Educational Assistance Form may be used.
2) The payment of education funds is discretionary with a Department Head within appropriate budget limits:
Ia) Costs are not to exceed$ 3, 000. 00--} 9A 99 maximum per calendar year. 23 54
b) Employee' s time, books, materials, and travel are at employee' s own expense.
3 c) Class time must be on employee' s own time unless approved by the Department Head.
8 d) Passing grade ( C or better) or a certificate of completion is required for reimbursement.
3) An employee must reimburse City if employment is voluntarily terminated within one ( 1) year.
B. Training
33 4( 1) Employee training which is mandated or sponsored by the City should be funded by the employee' s department.
2) Training may, at the discretion of the Department Head, be taken during regularly scheduled work time.
3) All training and travel costs shall be approved by the Department Head, except out of state travel which must be approved by the City Manager. b .
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8. EVALUATIONS AND PERSONNEL FILES
8. 1 Employee Performance Evaluation
8. 1. 1 Performance appraisals shall be administered pursuant to Personnel Rule 5.
8. 1. 2 If an employee receives a performance evaluation that is not timely and is satisfactory and the employee is eligible for a step increase, the employee shall be entitled to back pay to the start of the pay period following their original Performance Review Date.
8. 2 Emplo,yee Personnel Files
8. 2. 1 Employees shall have the right to review and at their own expense obtain copies of their personnel files maintained by the City. An employee' s representative may inspect the contents of an employee member of this bargaining unit' s personnel files upon signed and dated authorization by the employee. Authorization shall be valid for sixty ( 60) calendar days from the date of signature.
8. 22 Documents not available for inspection include records relating to the investigation of a possible criminal offense, letters of reference, ratings, reports or records that were: A) obtained prior to the employee' s employment, B) prepared by identifiable examination committee members, and C) obtained in connection with a promotional examination, or other legally privileged records.
8. 2. 3 An employee shall have the right to submit written comments regarding any document placed in his/ her personnel file within ten ( 10) warkdays of notice of such placement and to have such comments included in his/ her personnel file along with the document. If the employee files such comments, the Department Head and/ or City Manager will then have ten( 10) workdays to file a response; this will end the response period for the specific document. Written comments shall be submitted to the Administrative Services Director.
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9. PROTECTIVE FOOTWEAR
9. 1 Purchase Reimbursement
9. 1. 1 The City shall reimburse every employee who is required to wear protective footwear up to $ 350 per year for the purchase or repair of required footwear. To receive reimbursement, the employee shall purchase footwear meeting defined safety specifications and present proof of purchase or repair, including cost.
9. 1. 2 In the event the employee selects footwear from a vendor provided by the City, the cost of footwear shall be paid directly by the City and the employee shall receive no reimbursement.
10 LAYOFFS/ REHIRE OF EMPLOYEES
10. 1 Layoff Procedure and Bumping Rights: Layoffs and bumping rights shall be administered pursuant to Personnel Rule 3. 8.
11. SUBSTANCE ABUSE REFERRALS
11. 1 The City and LMCEA jointly recognize the value of the City' s Em loyee Assistance Program offered through the Central San Joaquin Valley Risk Management Authority in the evaluation and resolution of employee problems associated with substance abuse.
12. GRIEVANCE PROCEDURE
12. 1 Purpose: The grievance procedure is provided to:
12. 1. 1 Promote improved employer- employee relations.
12. 12 Afford employees individually a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
12. 1. 3 Provide that grievances shall be settled as near as possible to the point of origin.
12. 1. 4 Provide that grievances shall be resolved as informally as possible.
12. 2 Matters Subject To Grievance Procedures
12. 2. 1 An employee shall have the right to submit a written grievance regarding a claimed violation of this MOU or of the City' s Personnel Rules and Regulations. The grievance process shall not be applicable to employee discipline, to employee evaluations, or any disputes resolved through another City process.
12. 3 Employee Ri
123. 1 The employee may request the assistance of another person in preparing and presenting a grievance at any level of review.
12. 3. 2 A reasonable amount of time during work hours to prepare the grievance.
12. 3. 3 Freedom from reprisal for using the grievance procedures. 26 57
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1-z.23r.4—The right to call other employees as witnesses. 27 58
12. 4 Informal Grievance Procedure
12. 4. 1 An employee should first attempt to resolve a grievance or complaint through discussion with his/ her immediate supervisor without undue delay but within ten 10) calendar days of the issue or the employee' s first awareness of the issue. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/ she shall have the right to discuss it with the supervisor's immediate superior, if any without undue delay, but within ten ( 10) calendar days after initial supervisory discussion. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision.
If the employee is not in agreement with the decision reached through such discussion, he/ she shall have the right to file a formal grievance in writing within ten ( 10) calendar days after receiving the informal decision of his/ her supervisor.
An informal grievance shall not be taken above the Department Head.
12.4.2 All informal grievances should be documented by the supervisor and any other supervisors involved.
12. 4. 3 If an employee' s immediate supervisor is the Department Head, and if, after discussion at that level the problem has not been satisfactorily resolved, the employee may file a formal grievance.
12. 5 Formal Grievance Procedure:
12. 5. 1 Department Review: The grievance shall be presented in writing to the employee' s Department Head who may discuss the grievance with the employee, employee representative, if any, and with other appropriate persons. Said grievance must be submitted within thirty( 30) calendar days after the employee receives the decision on the informal grievance. The grievance shall include the following information:
12. 5. 1. 1 The specific section of the Rules and Regulations at issue;
12.5. 1. 2 Facts supporting the grievance including dates, times, documents, and witnesses; and
12. 5. 1. 3 The remedy sought.
12. 5. 2 The Department Head shall provide a written decision to the employee within fifteen ( 15) calendar days after receiving the grievance.
12. 5. 3 If the employee does not agree with the decision reached, or if no answer has been received within fifteen( 15) calendar days, the employee may present the grievance in writing to the City Manager. Any such grievance shall be presented within ten 10) calendar days after receipt of the Department Head decision.
12. 5. 4 Failure of the employee to take further action within ten ( 10) calendar days after receipt of the Department Head' s decision, or within a total of twenty five ( 25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.
12. 6 City Manager Review
12. 6. 1 Upon receiving the grievance, the City Manager shall provide a written response to the employee within fifteen( 15) calendar days. The City Manager may respond based on 1) a review of the grievance file, 2) a meeting with the employee, employee representative, if any, and with other appropriate persons; or both. .
12. 6. 2 If the employee does not agree with the decision reached, or if no answer has been received within fifteen( 15) calendar days, the employee may request the matter be heard by a mediator. This request shall occur within fifteen( 15) calendar days of the City Manager' s written response.
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12. 6. 3 Upon request of the employee, the City shall arrange for the matter to be heard by a mediator from the State Mediation and Conciliation Service as soon as possible.
Any costs associated with this mediation step shall be split between the City and the Union. The mediator shall attempt to negotiate a solution to the grievance. If agreement is not reached, the mediator shall issue a non- binding, written recommendation to the City Manager regarding the accuracy of the circumstances leading to the grievance and the disposition of the grievance including recommended discipline. The mediator shall make fact findings in support of his/ her recommendations.
12. 6.4 Upon receipt of the mediator' s recommendation, the City Manager shall discuss the grievance with the employee, the Union Representative, if any, and with all other appropriate persons.
12. 6. 5 The City Manager shall render a final decision in writing to the employee within twenty ( 20) calendar days after receiving the mediator' s recommendation. The City Manager may accept, reject or modify the recommendation of the mediator.
The decision of the City Manager is final.
13. EMPLOYEE DISCIPLINE
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13. 1 Emplovee Conduct Guidelines
13. 1. 1. City employees are expected to observe certain standards of job performance and conduct. When job performance or conduct do not meet City' s standards, City will endeavor, when in its sole discretion it deems appropriate, to provide employees with a reasonable opportunity to correct the deficiency. If, however, the employee fails to make the correction, or if the misconduct is severe or serious in nature, he or she will be subject to discipline, including termination.
13. 1. 2. The rules set forth in this Rule supplement are intended to provide employees with fair notice of what is expected of them. It is not possible, however, to provide an exhaustive list of all types of impermissible conduct and performance. Therefore, employees should be aware that conduct not specifically listed below, but which adversely affect or is otherwise detrimental to the interests of the City or other employees may also result in disciplinary action, including termination.
13. 2. Job Performance
13. 2. 1. Employees may be subjected to discipline, including termination, for poor job performance, including but not limited to the following:
13. 2. 2. Unsatisfactory work quality or quantity;
13. 2. 3. Excessive absenteeism, tardiness, or abuse of break and lunch privileges;
13. 2. 4. Failure to follow instructions or City procedures; or
13. 2. 5. Failure to follow established safety regulations.
13. 3. Misconduct
13. 3. 1. Employees may be subject to discipline, including termination, for violating the following:
13. 3. 2. Violation of any City ordinance, resolution, or the provisions of these Rules and Regulations, Administrative Manual provisions, or departmental rules and regulations.
13. 3. 3. Falsifying or making a material omission on an employment application or any other City record.
13. 3. 4. Inexcusable neglect of duty.
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13. 3. 5. Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by a supervisor in an appropriate manner.
13. 3. 6. Dishonesty.
13. 3. 7. Purchasing, possessing, using, selling, or being under the influence of alcohol or illegal drugs while on duty.
13. 3. 8. Working under the influence of an over the counter drug or prescribed medication that impairs the employee' s ability to safely and efficiently perform the duties of his or her position.
13. 3. 9. Unlawful harassment as defined in Rule 2 of these Rules and Regulations.
13. 3. 10. Unlawful use, distribution, sale, or possession of illegal drugs while on duty or while operating a City vehicle.
13. 3. 11. Discourteous or harassing treatment of the public or other employees.
13. 3. 12. Improper political activity as defined by State Law.
13. 3. 13. Violation of safety procedures.
13. 3. 14. Failure to immediately report work- related accidents to supervisor.
13. 3. 15. Misuse, abuse, and damage of City facilities, property, vehicles and equipment.
13. 3. 16. Theft of City facilities, property, vehicles and equipment
13. 3. 17. Refusal to take or subscribe to any oath of affirmation which is required by law in connection with employment.
13. 3. 18. Conviction of a felony, or conviction of a misdemeanor, involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be conviction within the meaning of this section.
13. 3. 19. Any other act which a Department Head or the City Manager deems a violation of City conduct standards.
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v- cr.13. 4. Attendance
1. v.-. 13. 4. 1. In addition to the general rules stated above, employees may be subject to discipline, including termination, for failing to observe attendance rules such as the following:
z 13. 4. 2. Reporting to work on time, observing the time limits for rest and lunch periods, and a failure to obtain approval to leave work early.
13. 4. 3. Notifying the supervisor in advance of anticipated tardiness or absence.
I13.4. 4. Unauthorized leave.
a3: 4.-13. 5. Tvpes of Discipline
A. The type and degree of discipline imposed shall be determined based on the nature and severity of the employee conduct. While the City' s goal is to provide progressive discipline, the nature and severity of the employee conduct may not warrant progressive discipline.
B. The type of discipline to be used includes, but is not limited to:
Counseling
Verbal Warning
Counseling or Warning Letter
t-• Imposition of Review Period
a-• Performance Salary Reduction
Suspension
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Demotion
3::• Termination
3 1- 13. 6. Procedures for Disciplinary Action.
A.
et ee'-. The following procedure shall be used for disciplinary actions regarding performance salary reduction, suspension, demotion, and termination of an employee.
1. Employee shall be served with a Notice of Intended Disciplinary Action ( Notice).
2. The Notice of proposed discipline shall include:
3 23. 3. A statement of the nature of the proposed action.
3. 2 4. A statement of the reasons for the proposed action, including the specific acts or omissions giving rise to the proposed action. tc7 C-ci: 5. A copy of any documents or other written materials upon which the disciplinary action was fully or in part based.
6. A statement advising the employee of his/ her right to appeal such action and the right to union representation.
2 7. The date, time and location of the Skelly Response meeting, and the name of the Skelly Officer.
B. In those extraordinary circumstances wherein the City Manager determines immediate disciplinary action is necessary as a result of accusations involving misappropriation of public funds or property, or action which would constitute a felony or misdemeanor involving moral turpitude, or where the employee' s presence on the job is deemed to be a threat to the safety of other employees or members of the public, the City Manager may place the employee on paid administrative leave while proceeding with the procedures for disciplinary action.
C_ Skelly Meeting- the employee shall have the right to respond informally to the charges verbally, in writing, or both, before the discipline is imposed. The employee shall have ten ( 10) calendar days from receipt of the notice within which to respond to the charges. The employee may request a reasonable extension of time to respond for justifiable reasons. The City Representative hearing the response, the Skelly Officer, shall render a final written decision within ten ( 10) calendar days of receiving the employee' s response. The Skelly Officer may sustain, modify or overturn the recommended disciplinary action. The Skelly response will be delivered to the employee in person, via registered mail or overnight delivery. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post-Skelly decision is delivered to the employee.
3- D. Appeal- the employee shall have the right to appeal the disciplinary action within ten ( 10) days of receiving the post- Skelly disciplinary decision as follows:
Step 1 - meet with Department Head or if Department Head served as Skelly Officer, then employee may send appeal to the City 31 62
Manager. The appeal shall be in writing and describe why the employee believes the disciplinary action taken was not appropriate. The response to the appeal will be provided to the employee within ten ( 10) calendar days. i' 1. n.
Step 2— If not satisfied with the result of Step 1 above, the employee may provide the written appeal to the City Manager for review.
The City Manager' s written response will be provided to the employee within ten ( 10) calendar days.
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Step 3— If the employee is not satisfied with the results of Step 2, the employee may request binding arbitration/ an appeal hearing. The written request shall be submitted to the City Manager within ten ( 10) calendar days of receiving the City Manager' s response to the appeal.
Y 37:E. An appeal of the Order of Disciplinary Action shall be heard by an independent hearing officer. The City Manager or designee shall request a list of neutrals from the State Mediation and Conciliation Service. Such list shall be requested within five working days of receipt of an employee' s appeal demanding a hearing. The City Manager or designee, and the employee, or the employee' s authorized representative shall meet not later than three working days after receipt of the list and select the hearing officer utilizing the alternate strike method. The party striking first shall be determined by the toss of a coin. Should the person selected as the hearing officer be unavailable to commence the hearing process within ninety( 90) days of this selection, the parties shall request another name from the State Mediation and Conciliation Service and shall proceed again through the list as provided above unless the parties agree to a later date for the hearing using the selected arbitrator/ hearing officer.
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F. The Arbitrator/ Hearing Officer shall regulate the conduct of the hearing process. The Arbitrator/Hearing Officer shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten ( 10) days' notice of such date, time and place to the appellant, or his or her other designated representative, the City Manager and the Director of Administrative Services, or designee. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The Arbitrator/ Hearing Officer shall, within thirty( 30) calendar days of the close of the hearing, file with the Director of Administrative Services, or designee, the decision affirming, modifying, or revoking the Order, and his or her findings and decision to the appellant and to the City Manager.
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YJ-:`t-J-:G. The decision of the Arbitrator/ Hearing Officer shall be final for all purposes unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision within thirty 30) calendar days of the date of mailing of the notice of decision to the appellant and the City Manager.
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rH. Employee' s failure to respond or file an appeal within any specified time I period in this section S.- shall terminate the right to a hearing and the Order shall be deemed final.
14. SUPERSESSION CLAUSE
Except as may hereinafter be agreed to in writing, and except for the Lathrop Employee- Employer Relations Resolution, this Memorandum of Understanding contains the sole and entire agreement between the parties. It supersedes any and all other previous Memoranda of Understanding, side letter, between the parties and incorporates by reference all such previous memoranda between the designated representatives of inembers of this representation unit and the City and also supersedes and incorporates by reference any and all Resolutions and Minute actions adopted by the Lathrop City Council which were adopted to implement any Memorandum of Understanding between the designated representatives of inembers of this representation unit and the City; other terms and conditions of employment not specified herein shall remain as they are for the term of the Memorandum of Understanding except that where the language of such Memoranda, Resolutions or such other terms and conditions of employment not specified herein conflicts with, or is different from, the language contained in this Memorandum, this Memorandum shall prevail and apply. The parties acknowledge and agree that neither of them has made any representations with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein. No waiver or modification of this agreement for any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the parties hereto; no officer, employee or agent of the City has any authority to waive or modify this agreement ar any covenant, condition or limitation herein contained without the express prior approval of the Lathrop City Council or its designee. 33 64
SIGNED:
CITY OF LATHROP LMCEA
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Sonny Dhaliwal, Mayor Paul Konsdorf- R# i-b s, LMCEA
Representativen , ''
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APPROVED AS TO FORM: Melissa Stathakopoulos
LMCEA President
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Salvador Navarrete, City Attorney Todd Sebastian LMCEA
f Vice President
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APPENDIX A
The Lathrop Management and Confidential Employee' s Association ( LMCEA) is comprised of regular full-time employees who are incumbents in positions in the job classifications listed as follows:
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ACCOUNTING MANAGER
ASSISTANT CHIEF BUILDING OFFICIAL
ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR
ASSISTANT PUBLIC WORKS DIRECTOR
BUDGET MANAGER
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CHIEF PLANNING OFFICIAL
COMMUNITY SERVICES SUPERVISOR
CONSTRUCTION SUPERINTENDENT
CUSTOMER SERVICE SUPERVISOR
DEPUTY CITY CLERK
DEPUTY DIRECTOR OF PARKS, REC & MAINT SERVICES
DEPUTY FINANCE DIRECTOR
ECONOMIC DEVELOPMENT ADMINISTRATOR
EXECUTIVE ASSISTANT
EXECUTIVE ASSISTANT TO THE CITY MANAGER
FINANCE MANAGER
HUMAN RESOURCES ANALYST I
HUMAN RESOURCES ANALYST II
INFORMATION TECHNOLOGY ENGINEER I
INFORMATION TECHNOLOGY ENGINEER II
INFORMATION TECHNOLOGY ENGINEER llI
LAND DEVELOPMENT MANAGER
LANDSCAPE AND IRRIGATION SPECIALIST
MAINTENANCE SERVICES SUPERVISOR
MANAGEMENT ANALYST I ( CONFIDENTIAL)
MANAGEMENT ANALYST II (CONFIDENTIAL)
PARKS & RECREATION SUPERVISOR
PARKS AND FACILITATES MANAGER
PARKS AND RECREATION SUPERINTENDENT
PARKS PROJECT MANAGER
PERMIT AND PLAN CHECK SUPERVISOR
POLICE RECORDS SUPERVISOR
POLICE SERVICES MANAGER
PRINCIPAL ENGINEER
PRINCIPAL PLANNER
PROJECTS MANAGER
RECREATION MANAGER
SENIOR ACCOUNTANT
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR CIVIL ENGINEER
SENIOR CONSTRUCTION MANAGER
SENIOR MANAGEMENT ANALYST
SENIOR PLANNER
SPECIAL DISTRICTS MANAGER
STREETS AND OPERATIONS MANAGER
UTILITY MAINTENANCE SUPERVISOR
UTILITY OPERATIONS SUPERINTENDENT
UTILITY PLANT SUPERVISOR
WASTEWATER TREATMENT PLANT SUPERVISOR
36 67
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Memorandum of Understanding between
The City of Lathrop and
Service Employees International Union Local 1021
Effective: July l, 2022 through June 30, 2026- 1
68 Table of Contents
PREAMBLE......................................................................................................................... 1 DURATION.......................................................................................................................... 1 PERSONNELRULES.........................................................................................................1 OTHER POST EMPLOYMENT BENEFITS —" OPEB"..................................... 1 PROVISIONS ...................................................................................................................... 2
1. EMPLOYER- EMPLOYEE RIGHTS AND RESPONSIBILITIES
1. 1. Management Rights............................................................................................. 2
1. 2. Employee' s Rights — Employer- Employee Relations ......................................... 3
1. 3. Agency Shop/ Fair Share...................................................................................... 3
1. 4. Discrimination of Employment Prohibited.......................................................... 4
1. 5. SEIU Rights......................................................................................................... 4
2. INSURANCE
2. l. Effective Date of Coverage.................................................................................. 8
2. 2. Health Insurance Options .................................................................................... 8
2. 3. Dental and Vision Insurance................................................................................ 8
2. 4. Life Insurance...................................................................................................... 8
2. 5. State Disability Insurance.................................................................................... 8
2. 6. Flexible Benefits.................................................................................................. 9
2. 7. Continuation of Insurance Benefits While on Leave of Absence........................ 9
3. LEAVES FROM EMPLOYMENT
3. 1. Vacation............................................................................................................... 9
3. 2. Sick Leave ........................................................................................................... 11
3. 3. Holiday ................................................................................................................14
3. 4. Bereavement Leave ............................................................................................. 15
3. 5. Military Leave ..................................................................................................... 15
3. 6. Leave of Absence Without Pay ........................................................................... 15
3. 7. Family Leave....................................................................................................... 16
3. 8. School Activities.................................................................................................. 17
3. 9. Leave for Promotional Examinations.................................................................. 17
3. 10. Catastrophic Leave Program................................................................................ 17
4. COMPENSATION
4. 1. Salaries................................................................................................................. 19 i
69 4. 2. Deferred Compensation Contribution.................................................................. 20
4. 3. Severance Procedures .......................................................................................... 20
4. 4. Bilingual Pay ....................................................................................................... 21
4. 5. Classification and Compensation Study.............................................................. 21
5. DAYS AND HOURS OF WORK— OVERTIME
5. 1. Work Week.......................................................................................................... 22
5. 2. Working Hours .................................................................................................... 22
5. 3. Overtime.............................................................................................................. 22
5. 4. Meals and Rest Periods........................................................................................ 24
5. 5. Changes to Work Hours....................................................................................... 24
5. 6. Witness Duty .......................................................................................................25
6. SALARY ADMINISTRATION
6. 1. Salary Upon Appointment................................................................................... 25
6. 2. Step Increases— Regular Employees................................................................... 25
6. 3. Salary Step on Promotion.................................................................................... 25
6. 4. Order of Adjustment............................................................................................ 25
6. 5. Under- filling........................................................................................................ 26
6. 6. Trial Period.......................................................................................................... 26
7. RETIREMENT
7. 1. Retirement Formula............................................................................................. 26
8. TRAINING AND EDUCATION
8. 1. Driver Training....................................................................................................27
8. 2. Educational Reimbursement Program................................................................. 27
9. WORKER' S COMPENSATION AND EMPLOYEE SAFETY
9. 1. Worker' s Compensation...................................................................................... 28
9. 2. Worker' s Compensation Leave ........................................................................... 28
9. 3. Disputes Involving Safety Issues......................................................................... 28
10. EVALUATIONS AND PER50NNEL FILES
10. 1. Employee Performance Evaluation ..................................................................... 28
10. 2. Employee Personnel Files.................................................................................... 29
11. EMPLOYEE PROPERTY AND EQUIPMENT
11. 1. Boot Allowance................................................................................................... 29
12. REHIRE OF EMPLOYEES/ LAYOFFS
12. 1. Rehire of Employees............................................................................................ 29 ii
70 12. 2. Lay Off Procedures and Buinping Rights............................................................ 30
13. SUBSTANCE ABUSE REFERRALS..........................................................................32
14. GRIEVANCE PROCEDURE
14. 1. Purpose ................................................................................................................ 32
14. 2. Matters Subject to Grievance Procedures............................................................ 32
14. 3. Employee Rights.................................................................................................. 33
14. 4. Informal Grievance Procedure............................................................................. 33
14. 5. Formal Grievance Procedure............................................................................... 34
15. PROCEDURES FOR DISCIPLINARY ACTION......................................... 35
16. SUPERSESSION CLAUSE..........................................................................................38
17. PROPOSAL SUBMITTAL........................................................................................... 38
18. SEVERABILITY OF PROVISION5........................................................................... 38
19. MERGER ....................................................................................................................... 38
20. CHOICE OF LAW/ VENUE.........................................................................................38
21. ATTORNEY' S FEES.................................................................................................... 38
22. FINAL AGREEMENT..................................................................................................39 APPENDIXA.......................................................................................... 40 iii
71 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LATHROP AND
SERVICE EMPLOYEE INTERNATIONAL SEIU LOCAL 1021
GENERAL SERVICES BARGAINING UNIT
PREAMBLE
This Memarandum of Understanding( MOU), is made by and between the City of Lathrop ( City) and the Service Employees International SEIU Local 1021( SEIU), representing regular employees who are incumbents in regular full-time or part-time (when scheduled to work thirty 30) hours or more per week) positions as defined in this MOU that are in job classifications comprising the General Services Bargaining Unit ( Appendix A). This MOU inclusive of Appendix B constitutes the result ofineeting and conferring in good faith pursuant to the California Government Code Section 3500 et.seq. and the City of Lathrop Employer-Employee Relations Resolution( EERR) establishing the wages, hours and other terms and conditions of employment for employees represented by SEN.
DURATION
The term of this agreement shall be from July 1, 20 22 to June 30, 20 326.
PERSONNEL RULES
All references to Personnel Rules are specifically and only to the City of Lathrop Personnel Rules I and Regulations adopted by Council Resolution No. 17- 4312 '^ 2'''' 4 r T„ v ,, '' n,''. To the extent any Personnel Rules and Regulations are adopted by Council Resolution after the effective date of this MOU, they require the meeting and conference with the SEIU on matters within the scope of representation prior to their adoption by Council and their binding of inembers of this Unit. Personnel Rules following this manner of adoption will then be binding on all members of this Unit even ifthe Rules are inconsistent with provisions ofthis MOU.
OTHER POST EMPLOYMENT BENEFITS—" OPEB"
IIn an effort to maintain fiscal solvency, the City will maintain post-employrnent benefit obligations in the following manner:
1. k-Maintain Irrevocable Trust Fund established in FY 2014/ 15 — Medical Benefits a. Ca1PERS to administer
2. Ez- e Continue funding OPEB contributions and annual required contributions for term of agreement_=
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4.3. Other Post-Employment Benefits " OPEB" obligation - a. M edical post- retirement age eligible eat 55 s: 58
1 72
i. All employees retiring after December 31, 2014
ii. All new hires
b. t Post- retirement medical for all employees retiring after December 31, 2014 and New Hires
i. Retiree + 1
ii. City- paid retiree medical 55- 65 = same health benefits premium as active employees; continue existing City & employee contributions; City wili pay one half r(50%) of the difference in premium increase up to 6. 5%; tied to the average plan cost The City will pay the CaIPERS Minimum Employer Contribution ( i.e. $ 149/ mo for 2022). For calendar year 2022, 1, 865/ mo.
iii. Retiree is responsible for payin the cost of inedical premiums as established by CaIPERS.
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iv. The City will rocess a reimbursement through the desi nated third- Party Administrator ( TPA). The TPA will process the reimbursement to the retiree on or about the 1S1 of each month.
c. Post- retirement medical for *^^ ^^^*^* ^^' mployees who retiredi-r g-_on or before December 31, 2014— " T^ ^'^„ R ^~* r^, ^ f.^ r m^+. No chan e
4. Maintain Post- Retirement Benefit Schedule ^ r^ ";:. a. Employees hired prior to July 1, 2014; 100% vested
rb.Employees hired July 1, 2014 or later; 25° Io @ 5 years; 50% @ 10 years; 100°Io @ 15 years
c. The benefit stipend is a dollar amount equal to 100% of active average plan cost, by category; i.e. retiree + 1
PROVISIONS
The City and SEN agree to the following provisions:
1. EMPLOYER- EMPLOYEE RIGHTS AND RESPONSIBILITIES
1. 1 Mana ement Ri hts
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services. It is agreed that during the term hereof, the Ciry shall not be required to meet and confer on matters that are solely a function of management, including but not limited to:
1. 1. 1 Determine and modify the organization of City government and its constituent work units.
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1. 1. 2 Determine the nature, standards, levels and mode of delivery services to be offered to the public.
1. 1. 3 Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
1. 1. 4 Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
1. 1. 5 Direct employees, including scheduling and assigning work, overtime and work hours. For the purposes of this right, work hours shall not include any change in regularly scheduled work hour that extends for more than one full pay period not shall it include any revision to the 9/ 80 plan.
1. 1. 6 Establish employee performance standards and to require compliance therewith.
1. 1. 7 Relieve employees from duty because of lack of work, or lack of funds or for other legitimate reasons.
L 1. 8 Implement rules, regulations and directives consistent with law and the specific provisions of this MOU.
1. 1. 9 Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this section shall not be subject to the grievance procedure provided in Section 14.
1. 2 Employee' s Rih
s- Emplo e mployee Relations
SEN and the City recognize that each employee shall have the following rights that he/ she may exercise in accordance with this MOU, the Employer-Employee Relations Resolution, applicable law, ordinances and rules and regulations:
1. 2. 1 The right to form, join, and participate in the activities of any labor organization of his/ her own choosing for the purpose of representation of all matters within the scope of representation.
1. 2. 2 The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the City, other employees or employee organizations, with respect to his/ her membership or nonmembership in any employee organization or with respect to any lawful activity.
1. 2. 3 The right to refuse to join or participate in the activities of any employee organization.
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41. 3 Discrimination of Employment Prohibited
The City of Lathrop prohibits discrimination in employment as outlined in Chapter 1, Section 6 of the Personnel Rules and Regulations.
51. 4 SEUI Ri hts
SEIU shall have the following rights:
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1. 4. 1 REPRESENTATION: To meet and confer in good faith with the City Manager regarding matters within the scope of representation.
1. 4. 2 ADVANCE NOTICE: Except in cases of emergency, SEIU shall be given five ( 5) days advance written notice of any ordinance, resolution, rule or regulation, proposal or other action directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer in good faith with management prior to its adoption. Written notice will customarily be provided by furnishing SEIU with advance copies of the agenda of the City Council.
In cases of emergency when City management determines that an ardinance, resolution, rule or regulation must be adopted immediately without prior notice or negotiations with SEIU, City management shall provide such notice and opportunity to negotiate at the earliest practicable time following the adoption of such ordinance, rule or regulation, proposal or other action.
I 1. 4. 3 REPRESENTATIVE- MEETING ATTENDANCE:
a. SEIU may have two ( 2) employees who serve as official representatives released from work without loss of compensation when meeting and conferring with management representatives where matters within the scope of representation are being considered. SEIU shall submit a request for such release and shall include a listing of such employees including their titles and departments to the management representative and departments concerned in advance of the meeting. The use of City time for this purpose shall not be excessive '
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nor shall it unreasonably interfere with the performance of City services as determined by the City.
1. 4. 3 b. Reimbursable Lonc Term Paid Release Time
Pursuant to the provisions of SB 1085/Government Code section 3558 8 the City shall qrant an employee, with prior department approval and upon written reauest of SEIU, a reasonable leave of absence without loss of compensation or other benefits for the purpose of enablinq employees to serve as stewards or officers of SEIU Leave maYbe qranted on a full-time, part-time, periodic or intermittent basis under the following procedures:
1 The Union officer or steward shall submit a written request to Human Resources at least thirty ( 30) business days in advance of the requested leave. The request shall include
dates/ duration. name and classification.
2. No more than one ( unit member shall be on leave at the same time• and employees must have a minimum overall
satisfactorY evaluation ratinq for the most recent evaluation period, and employees cannot be in any probationary status and/ or on administrative leave. For any employee qoinq on 5 76
leave who is on a medical leave SEIU will ensure compliance with all medical restrictions.
3 SEIU shall reimburse the Citv for all benefits and compensation aid to and earned/realized by the employee on leave, includinq but not limited to all wages and benefits, and includinq reasonable City administrative fees of $ 2. 50 per emplovee on leave er payperiod Upon written notice from the Citv, SEIU aqrees to reopen and meet within thirty ( 30) days of notice reqardinq administrative fees.
4 Reimbursement by SEIU shall occur within thirty ( 30) dav of the City' s billing to SEIU.
5 The leave of absence will be approved only if it does not interfere with the performance of City services and department o erations as determined by the City.
At the conclusion or termination of the leave qranted under this section the officer or steward shall have a riqht to reinstatement to the same position and location they held prior to such leave.
The City shall not be liable for any act omission or iniury suffered bv any employee of the City if that act omission or iniury occurs durinq the course and scope of the employee' s leave under this section to work for SEIU. To the extent that the City is held liable for anv such act omission or injury, SEIU shall indemnifv and hold harmless the City•
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1. 4. 4 REPRESENTATIVES ACCESS TO EMPLOYEES
a. Authorized representatives of SEIU ( employed by SEIU) shall be allowed reasonable access to members of the unit at their work locations during the working hours of the employees. The authorized representative shall give advance notice to the Department Head when contacting the departmental employees during their duty period. b. Reasonable solicitation for membership or other internal SEIU business or campaigning shall be conducted only during the non-duty hours of all employees concerned, so long as normal work functions of City are not interfered with.
1. 4. 5 SHOP STEWARDS: Shop stewards ( City employees) employed and recognized by City may assist employees in resolving complaints and grievances at the lowest possible administrative level of review. Stewards will be allowed a reasonable amount of City time, provided that the work of the employee and the service to the public are not unduly impaired, to investigate process and meet with management on a complaint or grievance. 6 77
Such time shall not exceed four hours per case. Stewards my use City time to meet with management only at the first or second level of review of the grievance procedure.
a. RELEASE TIME: A request for release time for the purposes outlined above shall be made prior to taking the release time. Such a request shall not be unreasonable denied.
b. NUMBER OF STEWARDS: SEIU may have four ( 4) Stewards in this unit to represent employees at Ciry work sites. However, the SEIU may only have two (2) Stewards when meeting with Management or when meeting in one worksite. SEIU shall provide a current list of all designated Stewards to the City Manager or designee at the beginning of each calendar year and whenever there is a change in the list of Stewards. The list shall show the employee name, classification, department and work location and normal work hours are to be covered. No Steward shall be recognized as such by the City without a written request from SEIU.
1. 4. 6 SEIU- CITY FACILITIES USE: City facilities shall be available to SEIU as follows:
l. City Buildin s: SEIU may be granted the use of City buildings, but not City equipment, for meetings composed of City employees within the bargaining unit provided space can be made available without interfering with City needs. SEIU shall obtain the permission of the designated City official for the use of sLich facilities.
2. Bulletin Boards: SEIU shall be allowed reasonable use of City bulletin boards to provide information to members with prior approval of the City Manager or his/her designee under the following conditions:
a) Material shall be posted on space as designated.
b) Posted material shall bear the name of SEIU.
c) Posted material shall not be misleading, contain any deliberate misstatements and/ or violate any Federal, State or County laws.
d) Material shall be neatly displayed and shall be removed when no longer timely.
h- 1. 4. 7 EMPLOYEE PAYROLL DEDUCTIONS: SEIU shall have the right to a payroll deduction for its members in this unit including regular dues, 7 78
I
r e—, voluntary COPE deductions, assessments,
employee benefit program costs, and any other contribution towards a SEIU program or fund as specified by SEIU for all employees who have given written authorization.
1. 4. 8 Regular dues and employee benefit program costs may be deducted from the employee' s individual paycheck. Except as otherwise provided in this MOU, payroll deductions shall be made only upon the revocable written authorization of the individual employee.
A continuation of SEIU payroll deductions, without resigning a payroll deduction card, shall be allowed after an employee returns from a leave of absence.
1. 4. 9 SEPARATION FROM UNIT: The provisions of this Agreement shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term " separation" includes transfer out of the unit, layoff and leave of absence with duration of more than thirty (30) days.
Separation" does not include an employee assigned to work above class ( see Section 4. 1. 3).
T1.4. 10 FORFEITURE OF DEDUCTIONS: If the balance of an employee' s wages, after all other involuntary and insurance premium deductions are made in any one pay period, is not sufficient to pay deductions required by this Agreement, no such deduction shall be made for that period.
1. 4. 11 HOLD HARMLESS: The authorization for payroll deductions described in this agreement shall specifically require the employee to agree to hold the City harmless from all claims, demands, suits or other forms of liability that may arise against the Ciry for or on account of any deduction made from the wages of such employee.
1. 4. 12 SEIU shall defend, indemnify and hold the City harmless against any and all claims, demands, suits, orders, judgments or other forms of liability, including attorney' s fees, which shall arise out of or by reason of, action taken or not taken by the City under this Agreement. This includes not only the City' s reasonable attorney fees and costs but the reasonable cost of management preparation time as well. The City shall notify SEIU of such costs on a case-by- case basis.
1. 4. 13 PRIVATIZATION: In the event the City proposes to privatize any portion of SEIU' s represented bargaining unit, the parties agree to meet and confer on the impact of such action in accordance with the Meyers, Milias & Brown Act ( MMBA) to allow SEIU to offer alternatives to privatization. 8 79
Should the parties be unable to reach an amicable agreement, it is agreed that the parties shall utilize the services of State Mediation and Conciliation Services to help mediate an agreement. The final recommendation of the mediator shall not be binding upon the parties but shall be weighted heavily by both parties and submitted to the Lathrop City Council for final disposition.
1. 4. 14 BARGAINING UNIT REPORTS: At least every 120 days, the Ceity will furnish SEIU with the information specified below, on file with the City for all employees employed in bar
inin units represented by SEIU. The
information provided will include:
Name Work Email Address
Job Title Home Phone Number
Department Personal Cellular Phone Number
Work Location Personal Email Address
Work Phone Number Home Address
9 80
2. INSURANCE
2. 1 Effective Date of Covera e
The effective date of coverage for new employee members in the health, dental, and vision insurance plans provided employees shall be in the month next following the date of appointment to employment as a regular employee, who is eligible for the stated insurance coverage.
2. 2 Health Insurance Options
The City shall provide an option for health insurance coverage for eligible employees and his/ her eligible dependents. All health and health-related plan or benefit years shall coincide with the calendar year.
2. 2. 1 PREMIUM: City will increase the maximum amount that it will pay for all health- related benefits ( medical, dental, vision). Effective Januaryl, 2017 and for the duration of the MOU, the City will increase the maXimum amount that it will pay for all health- related benefits ( medical, dental and vision) to one half( 1/ 2) of any premium increases during the term of this MOU, but not to exceed an annual increase of six and one half percent (6. 5°Io).
2. 3 Dental and Vision Insurance.
The City provides dental and vision insurance that is on a calendar plan year. When an employee enrolls in either program, he/ she is expected to remain enrolled during the term of this MOU, unless a permissible event, as described in the plan, allows the employee to withdraw or modify coverage.
2. 4 Life Insurance.
Employees with more than 30 days of employment with the City shall receive a benefit value equal to one year' s annual salary of group term life insurance coverage.
2. 5 State Disability Insurance
Employees shall purchase, at the employee' s expense, State Disability Insurance SDI). SDI provides weekly benefits in the event an employee is unable to work due to an illness or injury that is not job-related. Employees receiving benefits from SDI and who are supplementing those benefits with accrued leave time to receive a full paycheck shall receive the City' s contribution to their health, dental, vision, and life insurance, if applicable.
10 81
2. 6 Flexible Benefits
Employees shall have the option to participate in a flexible benefit program ( as allowed and prescribed by Section 125 of the Internal Revenue Code and applicable IRC sections and regulations) that permits the payment of unreimbursed eligible dependent care costs and/ or insurance premiums excess from Section 2. 2. 1 with pretax dollars. This flexible benefit program may be expanded, provided that there is no cost to the City, to include other unreimbursed expenses permitted by the Internal Revenue Code and its related regulations. Any Internal Revenue Code amendments that affect these deductible medical expenses and/or City liability shall void that portion of the flexible benefit program.
The City and SEIU shall jointly form a committee to investigate methods of providing a cafeteria plan to allow flexibility in choosing benefits. If such a plan is developed which will result in no cost to the City but which is supported by a majority of the employees, the City will consider implementing said plan.
2. 7 Continuation of Insurance Benefits While on Leave of Absence When an employee is on an authorized leave of absence without pay, the employee shall be allowed at the employee' s own expense to remain under the health, dental, vision and life insurance coverage for up to twenty-six ( 26) bi-weekly pay periods provided that such employee shall pay the applicable premiums at least two( 2) weeks prior to the premium due date. Specific arrangements for such coverage shall be made with the Finance Department.
Employees who must pay either all or a portion of their health, vision, dental and life benefits shall either arrange for the payment to be deducted from their paychecks or, if the amount of the paycheck is not sufficient, pay those benefits to the Human Resources Department twice per month at least two ( 2) weeks prior to the premium due date. Failure to pay for these benefits two ( 2) weeks prior to each premium due date shall result in cancellations of the insurance.
3. LEAVES FROM EMPLOYMENT
3. 1 Vacation
Except as specified below, regular, full-time employees shall accrue and accumulate vacation according to the following schedule:
Maximum Maximum Maximum
Years of Bi-Weekly Annual Hours Accumulated Hours
Service Accrual Accrual ca ")
0- 4 3. 077 80 240
5- 9 4. 615 120 360
10 + 6. 152 160 480
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Part- time employees scheduled to work at least 30 hours per week will earn vacation at the above rates, prorated proportionately.
Temporary, and part-time employees working less than 30 hours per week do not receive vacation time but may be allowed to leave without pay for needed vacation time.
Employees shall begin to accrue vacation leave on the date of initial employment with the City of Lathrop on a bi-weekly basis at the rate based on tenure of employment.
For all work groups, employees will submit vacation requests in writing to their Supervisor or designee and Supervisors will respond in writing within 15 days of receipt with confirmation that the request has been approved or denied. Employees have the abiliry to cancel vacation time they have scheduled. If the employee wishes to cancel previously authorized time off, the employee will notify their Supervisor in writing fifteen ( 15) calendar days prior to the start of the scheduled vacation unless unusual circumstances prevent them from giving notice. Vacation schedules will be discussed in department meetings; however, the Department Head will make the final determination.
All vacation time must be scheduled in advance with the Department Head and should be taken at a time that does not unnecessarily burden the department. As much as possible and as work scheduling permits, an employee may take multiple weeks of vacation when properly scheduled with the Department Head. All leave shall be approved by submitting a completed and authorized" Leave of Absence Form" to the Department Head for approvaL Leave equaling one week or more should be scheduled at least one month in advance; however, two weeks advance notice is required. Earlier scheduling of leave is encouraged in order to allow Supervisors time to reassign work load. Failure to schedule leave one month in advance shall not be used as grounds for denial of the vacation, but anticipated workload and staffing issues may be grounds for denial of the vacation.
Employees are eligible to take accrued vacation time after completion of their first probationary period. An employee may take some accrued vacation time prior to having completed the initial probationary period if approved by the Department Head. Use of vacation time prior to completion of the probationary period shall only be allowed if the situation requiring the taking of the vacation time is an emergency, or iftaking the vacation time was negotiated prior to employment.
Employees may accrue vacation time to a maximum of three ( 3) times their current annual accrual rate. Any employee exceeding this maximum accrual on December 31 of each year shall discontinue accruing vacation until such time as their total accrual drops below the maximum accrual limit. An employee' s accrual limit may exceed the maximum limit during the year; however, the employee shall discontinue 12 83
accruing vacation on December 31 of each year iftheir accrual exceeds the maximum limit.
Non- exempt employees who are over the vacation maximum accrual limit as of January 1 will be able to buy back up to forty ( 40) hours of vacation time per year and will be paid out during pay period one.
Employees who have a scheduled vacation canceled during the months of November and December due to an emergency, may have their maximum vacation accrual temporarily increased. In this case, the employee must meet the following conditions:
a. The employee' s vacation accrual must be above the maximum on December 31 of that year.
b. The Department Head must determine that there was no other available time during the months of November and December when the vacation time could be rescheduled.
c. The maximum accrual extension must be approved by the City Manager. d. The provisions for discontinuing accrual based on exceeding the maximum limit will be waived for one year. The provisions for discontinuing accrual based on maximum limit shall be enforced the following year.
Employees are entitled to all accrued vacation leave upon their separation as a City employee.
Any compensatory time shall be taken before vacation time.
3. 2 Sick Leave
3. 2. 1 ACCRUAL: The granting of sick leave with pay is a privilege and not a right.
Sick leave may only be used in cases of necessity and actual illness or disability of the employee or family member needing care. The City of Lathrop shall adhere to applicable appropriate state and federal mandated leave laws.
Regular, full- time employees may begin to accumulate sick leave on the date of hire at a rate of eight ( 8) hours per month ( 3. 6923 hours per pay period).
Part-time employees scheduled to work at least 30 hours per week will earn sick leave at the above rate, prorated proportionately. Temporary, and parttime employees working less than 30 hours per week do not receive sick leave but may be allowed to leave without pay. Employees accumulate an unlimited amount of unused sick leave. An employee may begin to utilize 13 84
accumulated sick leave after having completed three ( 3) full pay periods of employment.
3. 2. 2 SICK LEAVE USAGE: Any employee needing to be absent from work because of a sick leave circumstance shall arrange for a telephone report to his/ her Supervisor by the beginning of the scheduled workday or shift ( no later than the start of the work shift) to ensure coverage can be arranged. Each department is to have a designated call-in number for employees, with the ability to accept messages, designated by the immediate Supervisor to report absences. If unable to reach a Supervisor, employees are to call the Human Resources Department and report the absence; leaving a message if no answer.
If a sick leave circumstance requires an employee to be away from work for a period beyond the individual' s accumulated sick leave, the time away from work may be taken as vacation time or compensatory time if either is available. When all paid leave is exhausted, leave without pay may be given.
Upon return to duty after sick leave, the employee shall complete a leave form to be signed by the Department Head and forwarded to Payroll.
Any employee who is absent from work for a period of three consecutive work shifts without notifying his/ her Supervisor shall be separated from employment with the City. This separation shall be defined as a voluntary resignation and as such shall not be subject to the grievance process in Section
14. Sick leave may be authorized for any of the following reasons:
a. Illness, injury or quarantine of the employee;
b. Medical, dental or optical care of the employee;
c. Illness, injury, or quarantine of a member of the employee' s immediate family living in the household that requires the employee to tend, care for, or otherwise provide for the care of such person, up to a maximum of forty-eight ( 48) hours in a fiscal year for full-time employees; part-time employees prorated propartionately based on number of hours worked. d. Illness, injury, or quarantine during an authorized vacation as evidenced by satisfactory proof attesting to the nature and length of disability. Use of sick leave for non- emergency medical, dental or optical care during an authorized vacation period is not permitted.
e. An amount sufficient which, when added to an employee' s disability indemnity under Worker' s Compensation, will result in a payment to the employee not more than the employee' s regular salary.
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f. An amount sufficient which, when added to an employee' s disability indemnity under State Disability Insurance ( if applicable), will result in a payment to the employee not more than the employee' s regular salary.
3. 2. 3 SICK LEAVE EXCLUSION: No employee shall be entitled to sick leave because of any of the following:
a. Any illness or injury caused by the employee' s misconduct; b. Illness, injury, or quarantine or disability while on leave without pay; c. An employee who is scheduled to work on a regular holiday who is absent on that holiday due to illness, injury, or quarantine shall not be permitted to use sick leave but shall be deemed to have used the regular holiday.
3. 2. 4 SICK LEAVE VERIFICATION: Any use of sick leave, including maternity, paternity and parenting leave, which results in absence from work exceeding three ( 3) successive wark shifts may be required to be supparted by a medical certificate or other evidence acceptable to the Supervisor. This evidence may be required on the first working day the employee returns to work. The Supervisor or Department Head may ask for medical evidence of illness for any use of sick leave is the request for evidence is made to the employee prior to his/ her returning to work following the illness, or if the Supervisor has a suspicion of sick leave abuse.
3. 2. 5 SICK LEAVE ABUSE: Sick leave abuse may include use of sick leave accruals for other than qualified sick leave as defined herein; excessive use of sick leave; and/ or consistent patterns of sick leave on certain days. These may be grounds for determination of sick leave abuse. Determination of sick leave abuse will be cause for discipline in accordance with disciplinary procedures. More than four ( 4) separate incidents of sick leave use in a twelve- month period may be sick leave abuse if there is no clear reason for the number of absences. A series of doctor' s appointments that are scheduled in advance or other pre- scheduled absences shall not be considered in determining whether or not sick use abuse has occurred. This section shall be administered so as not to conflict with any provisions of FMLA.
3. 2. 6 SICK LEAVE CONVERSION: Employees may, at the end of each calendar year, convert some of the unused sick leave accumulated during each calendar year to vacation leave provided:
1. The employee has an accumulated balance of unused sick leave of more than 96 hours;
2. Conversion does not reduce unused sick leave below 96 hours; and
3. The employee has not used more than 40 hours of sick leave during the calendar year.
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A maximum of 40 hours of unscheduled sick leave may be converted, but shall be reduced hour- for- hour by sick leave used by the employee during the calendar year. If an employee uses 40 or more hours of unscheduled sick leave during the year, no sick leave shall be converted.
Once an employee has met the criteria for his/ her particular category of employment, the sick leave conversion shall automatically take place, unless the employee directs otherwise, and the notice of the conversion shall be found on his/ her check stub or other record. Any sick leave converted shall be added to accrued vacation and be governed by the vacation accruallimits.
Conversion of unscheduled sick leave shall be done after the last pay period of each calendar year.
The City shall define unscheduled sick leave as any sick leave that is not requested five days or more in advance of when the time off is to occur.
3. 2. 7 SICK LEAVE TERMINATION: An employee voluntarily leaving City employment, shall not be compensated for unused sick leave.
3. 3 Holidav
3. 3. 1 REGULAR HOLIDAYS: The following days are established as regular holidays for employees:
HOLIDAY DATE OBSERVED
New Year' s Day Januar 1
Martin Luther King, Jr. Day 3rd Monda in January
Washin ton' s Birthday 3` d
Monday in February
Memorial Day Last Monday in May
Inde endence Day July 4
Labor Day ls` Monday in September
Veterans' Day November 11
Thanks ivin Da 4th Thursday in November
Day after Thanks ivin Da after the 4th Thursda in November Christmas Eve December 24
Christmas December 25
New Year' s Eve December 31
3. 3. 2 REGULAR HOLIDAY — WEEKEND OBSERVANCE: When a regular holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. When a regular holiday falls on a Sunday, the following Monday shall be observed as the holiday. If December 24 or December 31 falls on a Friday, the preceding Thursday will be observed as the holiday. Whenever a holiday observance under this section fall on another City scheduled day off, the holiday shall be moved to the next preceding work day ( in the case of a 16 87
Saturday holiday) or the next following work day ( in the case of a Sunday holiday).
3. 3. 3 REGULAR HOLIDAY COMPENSATION: An employee whose regularly scheduled day off fa11s on a regular holiday shall be entitled to accrue nine (9) hours, or eight( 8) hours, depending upon the shift worked, of regular holiday time. In addition to regular salary paid as a result of working on a scheduled holiday, any employee who is required to work on a regular holiday shall have the option of being compensated for the hours worked on such holiday, or may accrue the time as compensatory time. Compensation shall include Holiday Pay plus time and one half for the number of hours actually worked.
3. 3. 4 FLOATING— HOLIDAY: Employees shall be entitled to— one ( 1) floating holiday ( 8 9 10 or 12 hours based on em loyee schedule) each Fiscal Yeai-.
Floatin Holiday time shall be accrued during the pay period that includes July 1`. New employees hired after July 1` shall not accrue a floating holiday until the followin July lsr.
Floatin h
olidays accrued shall be available for use the first day following the pay period in which they are accrued, and shall be scheduled at a time mutually a re pon between the employee and Supervisor/ Department Head.
Floatin h oliday hours must be used in the fiscale
ar they are received. Any
floatin h olida hours remainin at JLine 30r" shall be rolled over into the employee' s vacation bank.
3. 4 Bereavement Leave
Regular full-time employees who suffer a death in their immediate family, as defined by this section, may be allowed up to three ( 3) work days of scheduled work time of funeral leave with pay, at his/ her request for bereavement, or to attend the funeral of a member of the immediate family. In the event that out-of-state travel is necessary, employees may be allowed five ( 5) scheduled City workdays for each occurrence.
This leave shall not be charged against sick or accrued vacation leave, but shall be counted as additional paid time away from work. In addition, employees may use an additional two ( 2) days accrued sick leave, vacation leave, or compensatory time for bereavement or the funeral of an immediate family member. Employees must take this leave within a seven consecutive day period and will be paid only for days and hours they were scheduled to work. Leave shall be used within 30 days of the death.
For the purposes of this rule only, the term immediate family includes: spouse, child, parent, sibling, grandparent, great grandparent, grandchild or step or foster derivative of the above of the employee' s or the employee' s spouse' s, mother, father, brother or sister- in- law, domestic partner, or any permanent resident in the employee' s personal household.
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3. 5 Military Leave
The City will follow all Federal, State and local laws applicable to military leave.
3. 6 Leave of Absence Without Pav
Any employee may be granted leave without pay for up to one ( 1) month with the approval of the Department Head. Any leave without pay in excess of one month must be approved in advance by the City Manager. The employee must make a written request to the Department Head stating the reasons why he/ she needs to be granted the leave without pay. The Department Head shall either approve or disapprove the employee' s request upon the grounds of whether or not the request will benefit both the City and the employee. During any leave without pay exceeding one full pay period, except for suspensions because of discipline, the employee shall be responsible for payment of premiums for health, dental, vision, life, and disability insurance benefits. All leave shall be approved by submitting a completed Leave of Absence form to the Department Head for approval. Leave without pay shall only be granted when all other eligible leave has been exhausted.
The City and SEIU agree that decisions made under this section are not subject to grievance procedure in Section 14.
No employee who has been granted a leave of absence without pay shall accrue any vacation or sick leave during the time of such leave nor shall such time count toward gaining permanent status.
3. 7 Family Medical Leave Act
All employees who have:
a. been employed by the City for at least twelve ( 12) months, and b. been employed for at least 1, 250 hours during the 12 months immediately preceding the commencement of leave shall be entitled to 12 workweeks of unpaid leave in any rolling 12- month period for the following purposes:
because of the birth of the employee' s child ar the placement of a child with the employee for adoption or foster care; or
to care for a spouse, parent, child or domestic partner; or because of the employee' s serious health condition that renders the employee unable to perform the employee' s job functions.
Concurrent with and in coordination with the above, employees may use accrued leave balances as follows:
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a. For any care provided to a child, spouse, parent or domestic partner, employee may utilize no more than 48 hours of accrued sick leave in any one calendar year for full- time employees; part- time employees prorated proportionately based on number of hours worked. b. For disability related to pregnancy, the City shall coordinate with any State disability insurance as set forth herein. An eligible employee shall be able to use sick leave, vacation, compensatory time and/ or management leave for such coordination.
c. For any other leave taken pursuant to this provision, sick, vacation, compensatory time and/ or management leave balances may be used.
During the period of time covered by the Family Medical Leave Act ( FMLA), the City shall continue to pay the employee' s insurance costs ( medical, dental, vision and life) but the employee may be required to reimburse the City if the employee fails to return to work.
During the period of time covered by FMLA, the employee shall not earn sick leave or vacation time unless the employee is using paid leave time as FMLA time.
The City shall, at all times, comply with State and Federal regulations for FMLA.
3. 8 School Activities
The City shall comply with any federal or state law requiring an employer to grant time off to participate in a child' s school activities. Current state law provides that parents may take up to 40 hours per year, but not more than 8 hours per month, to participate in their children' s school activities. Employees working a shift greater than 8 hours per day may take one full shift per month, subject to the 40-hour maximum. An employee may use accrued vacation, compensatory or regular holiday time or he/ she may request to take unpaid leave, as provided in Section 3. 6.
3. 9 Leave for Promotional Examinations
Employees shall be allowed the necessary time off with pay to participate in promotional examinations for the City, which are held during the regular work hours.
3. 10 Catastrophic Leave Program
3. 10. 1 CONDITIONS OF PARTICIPATION
Application for receipt of catastrophic leave donations will be processed by the Human Resources Department of the City.
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A City employee becomes eligible to receive catastrophic leave donations when:
1) An employee has exhausted, or will soon exhaust all of his/ her accrued leave, as a result of a verifiable long- term illness or injury suffered by the employee.
a. Employees may donate accrued vacation, or compensatory time: sick leave may not be donated.
b. Donations may be made in whole hour increments from a minimum of four ( 4) hours to a maximum of sixteen ( 16) hours per donor. c. Donors must have an overall leave balance of 80 hours remaining after donated time has been deducted.
d. Once donated to an individual, donated leave cannot be reclaimed by the donor.
e. Cumulative total of donated time received by the employee cannot exceed the minimum amount of time needed by verification of the doctor.
3. 10. 2 PROCESSING OF DONATIONS
Upon receipt of an application for use of this section, Human Resources shall verify that the employee has a long-term illness or injury that requires leave under this program.
Upon verification, Human Resources shall notify Payroll of the eligibility of the employee to receive catastrophic leave donations.
Upon receipt of donation authorizations, Payroll shall take the following actions:
a. Verify that the donating employee has the minimum leave balance required for the donation and convert donated time at the hourly rate of the donor and subtract from the designated leave category. Pay supplements which are a percentage of base salary( except above class pay and special assignment pay) shall be added to the base salary prior to converting the value of the donated time to the recipient. b. Convert donated dollars as computed above to work hours at the hourly rate of the recipient, and add the recipient' s sick leave balance. c. Notify Departments of changes in leave balances by noting payroll adjustments for the next payday.
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d. Retain a confidential file of donation authorization.
3. 10. 3 TREATMENT OF DONATED TIME
Donated time is treated as sick leave accrued by the recipient of the donation.
Donated time does not alter the employment rights of the recipient, nor extend or alter limitations otherwise applicable to Leaves of Absence of Sick Leave, except as noted in this agreement.
Employees who are utilizing donated sick leave hours will continue to accrue vacation and sick leave in accordance with the provisions of this MOU; however, they will not be eligible to receive sick leave conversion as permitted in Section 3. 2. 6.
4 COMPENSATION
4. 1 Salaries
4. 1. 1 COST OF LIVING INCREASES:
The City will provide a cost- of-living adjustment beginning the first full pay period of July:
July 2022 4°Io
July 2023 4°Io
July 2024-- 4°Io
July 2025 4%
4. L2 STANDBY PAY: Full-time employees shall receive $ 3. 00 per hour as standby compensation for all hours they are assigned to standby except for those hours actually worked and for which the normal pay is received.
4. 1. 3 CALL BACK: All off duty emergency call backs shall be compensated for a minimum of three hours per occurrence at the rate of one and one half time the employee' s current hourly rate of compensation. Employees called back shall be allowed to leave when the job requiring the call back has been completed. If the call back work assignment and the employee' s regular work shift overlap the employee shall be paid the call back rate of time and one half their hourly rate prior to and/ or after his/ her regular shift time. The regular shift shall continue until the employee' s regular shift ends. Trainings, meetings or other pre- scheduled events do not qualify an employee for call back pay under this article. Travel time is not included as part of call back pay.
4. 1. 4 WORK ABOVE CLASS: The City shall encourage training of employees for advancement by providing the opportunity to work above class to each eligible employee who desires such opportunity. For purposes of the provision, ` eligible employee' refers to an employee in the same class series 21 92
who is qualified to perform the class duties. For purposes of the provision, the reference to training does not require the City to offer or conduct any specific informal or formal instruction.
The City agrees to provide out of class compensation after the completion of more than 10 consecutive days of working out of class or more than 20 accumulative days of working out of class per fiscal year. Out of class compensation is to be a minimum salary increment of 5 percent or the lowest step of the higher range, whichever is greater. Where no class exists, the Employee and/ ar SEN shall submit a request for the 5% consideration.
Employees who are working out of class shall be able to initiate a job review/ re- classification to determine iftheir duties have changed significantly to warrant a new job description.
4. 2 Deferred Compensation Contribution
The City of Lathrop maintains three ( 3) voluntary, employee only Section 457 Deferred Compensation Plans. The City, at its sole discretion, shall have the right at any time during the period covered by this agreement to develop charges necessary for the administration of the plan or plans, and implement said charges for active and inactive participants, to be paid by active and inactive participants. In any case, the charge shall not exceed the actual cost to the City for administration of the plan or plans as computed by the Finance Director under standard accounting practices for cost allocation purposes.
Before implementing a payroll deduction charge, the City will make every effort to negotiate with the plan vendors and/ or third party administrator to recoup the City cost from their management fees.
4. 3 Severance Procedures
4. 3. 1 When an employee separates from the City for any reason, the City shall:
a. Collect all equipment, identification cards, and keys from the employee; delete employee security codes from the computer system and collect any other items or activities identified by the Department Head or City Manager to facilitate the employee leaving City employment and protect the security of the City.
b. Conduct at the discretion of the City Manager, an exit interview with the employee. Such interviews may be conducted by the City Manager, Administrative Services Director, or the Department Head. 22 93
c. Pay the employee all accrued vacation leave, compensatory time, and all hours worked that were not previously compensated up to the date and time of separation.
d. Obtain written approval from an employee before withholding from the final paycheck monies owed the City by the employee to recover monies for such items including but not limited to:
1. Travel advances
2. City credit card use
3. Misappropriated City assets
4. Any City property not returned to the City
5. Overpayment of salary or benefits
6. Educational reimbursements received
Release of the employee' s final pay check does not waive the City' s right to pursue the recovery of the items listed above, or any other monies owed by the employee to the City.
4. 3. 2 An employee may elect to have funds withheld from his/ her final paycheck as payment for the continuation of employee benefits as provided by law or contracts, including health insurance.
4. 3. 3 The City shall not provide to employees separating from employment after the date of separation:
a. Any paid allowances, such as vehicle, uniform, etc.
b. Additional leave and holiday benefits on paid severance. c. The cash value of contribution to any benefits other than retirement and Medicare.
4. 3. 4 The City should make final payment to a voluntarily separated employee during the next regularly scheduled pay day unless the Department Head requests a prompter payment.
4. 4 Bilin u
al PaX
The City agrees to pay$ 60 per month for up to five ( 5) employees, who demonstrate proficiency, as compensation for using their skills in a language other than English under the following conditions:
a. The employee must be certified to speak, write and read in the language for which pay is be provided; and
b. Following a request by the employee, the Department Head, as approved by the City Manager, must determine that the language is a certified language and that 23 94
there is a benefit to the City for the employee to provide translation services in the language for which compensation is requested; and
c. The City has approved the certification process to be used by the employee in advance of the certification being obtained.
d. If, at any time, it is requested that more than five (5) employees receive bilingual pay, the City Council must approve such a request.
4. 5 Salar.y Plan
The City diligently strives to pay competitive market salaries to its employees. In order to achieve this, the City Administration has devised a City-wide salary plan based upon competitive market values.
4. 5. 1 A classification and salary plan shall be established according to City Ordinance. The salary plan shall be administered by the City Manager
4. 5. 2 At least once annually, all salary ranges shall be reviewed by the City Manager. This review may include a salary survey from some or all positions in the City. After review of salary ranges, the City Manager may make recommendations to the City Council for market and/ or cost-of-living adjustments to salary ranges and the incumbents of those ranges. Individual positions may be market adjusted only with the approval of the City Manager and within budget constraints as approved by the City Council.
4. 5. 3 Salary Plan: Salaries, including merit step increases, shall be administered pursuant to Personnel Rule 6. 2 with the base City- wide salary plan being that which was adopted by City Council Resolution 10- 2943.
4. 5. 4 For the duration of this agreement, there shall be no classification or compensation study.
4. 5. 5 The City agrees to maintain an open discussion with SEIU regarding the salary plan.
5 DAYS AND HOURS OF WORK— OVERTIME
5. 1 Work Week
Unless otherwise provided for in this MOU or in any City Council Ordinance or Resolution, the base compensation for employees shall be deemed to be per biweekly pay period of eighty ( 80) warking hours. The base compensation provided should be payment in full for all services rendered to the City except as otherwise provided.
5. 2 Workin Hours
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Normal work schedules will involve an eight ( 8) to twelve (-- 912) hour block of time between the hours of 5: 00 a. m. and 6: 00 p. m., Monday through Friday, not including lunch break.
Positions assigned to Parks, Recreation and Maintenance Services Department may work traditional, non- traditional and split- shift hours including weekdays, weekends, evenings and holida
5. 3 Overtime
The City of Lathrop will compensate City employees for all hours worked, including overtime hours worked in compliance with the Fair Labor Standards Act (FLSA).
An employee who works beyond the specified numbers of hours in the pay period shall receive compensation at the rate of one and one- half times the regular base pay.
All time in paid status, with the exception of vacation, sick and compensatory time taken shall be deemed time worked. Compensatory time may be given in lieu of paid overtime at the discretion of the Department Head. All employees earning compensatory time may only accumulate eighty ( 80) hours. Employees who accumulate over the maximum hours ( 80) shall be paid for over- time hours in excess of the maximum.
I Overtime work must be approved by the Department Head_or his/ her designee, prior to being worked. The Department Head shall make sure that appropriate and accurate records are kept of all overtime hours worked and any compensatory time earned.
Failure to have overtime approved in advance, except for call- back time, will not prevent the City from compensating the employee for the time worked; however, disciplinary action may be taken for working unauthorized hours.
Upon termination of employment, any unused compensatory time shall be paid at a rate of pay equal to his/ her current rate of pay at termination. Employees requesting time off from work shall use compensatory time before accrued vacation. Use of compensatory time should not create a situation where overtime for other personnel within in the Department or within the City is necessary to maintain operations.
Every effort will be made to ensure that there is not unscheduled mandatory overtime.
Should unusual circumstances arise that necessitate unscheduled overtime, it will be assigned fairly. It is understood by both parties that employees may have compelling personal or professional obligations that may hinder their ability to work overtime without advance notice. Such obligations shall not subject employees to discipline.
This does not apply to employees who work in positions which by job description, are required to participate in stand-by and are compensated accordingly, or in the event of an unforeseen emergency.
Employee shall not be required to attend events for work without pay. 25 96
When a part- time employee is required to work more than normally scheduled hours, those hours will be recorded as " Comp Time as Straight" on the time sheet. These hours may be paid or may be banked for use at a future time, as agreed to by the employee and his/ her Department Head. The administration of this time shall follow the same expectations as is provided for in Section 5 of the MOU. Whenever such employee works more than forty (40) hours in a pay period, overtime at time and one- half shall be compensated.
Each Department Head shall ensure that accurate records are kept of all hours worked by each employee within the Department. Such records shall differentiate between scheduled hours and overtime hours worked and all leave hours taken per work period for each employee. Copies of all time worked records shall be submitted to the Finance Department at the end of each pay period or each work period. These records shall be maintained in accordance with the records retention policy.
Hours worked shall be documented and compensated in fifteen ( 15) minute intervals.
For example, an employee warking more than five ( 5) minutes in a fifteen ( 15) minute interval shall be compensated for fifteen ( 15) minutes.
5. 4 Meals and Rest Period
5. 4. 1 REST PERIODS: To promote maximum productivity and morale, it is the policy that when City operations permit, each employee shall be entitled to two ( 2) rest periods not exceeding fifteen ( 15) minutes each, during a regular shift. When City operations permit such rest periods are to be taken as nearly as possible in the middle of each segment of each employee' s workday. Time allowed for rest periods may not be accumulated from one half of the workday to another, nor may rest periods be used to alter an employee' s normal work hours and meal periods.
Unless a Supervisor specifically requires an employee to miss a scheduled break, rest periods shall not be combined with a lunch period or otherwise banked. If an emergency arises which requires that an employee miss a scheduled break, the two scheduled breaks may be combined provided operational requirements allow and provided the missed break is taken on the same day it was missed.
5. 4. 2 MEAL DURING OVERTIME: Meals that must be consumed on the job after the normal workday and while working in an overtime situation are not to be considered as an interruption of overtime work performed. The City shall neither pay for nor provide meals, nor is an employee who takes a break for a meal to be considered as being in paid status. An employee, upon request, shall be allowed to take a thirty ( 30) minute meal break after two ( 2) hours overtime and every four ( 4) hours thereafter. The City retains the right to refuse requests for meal breaks in the event of emergency. 26 97
The Supervisor may establish a lunch schedule for all employees, generally between the hours of 11: 00 a.m. and 2: 00 p.m.
5. 5 Changes to Work Hours
With the approval of the City Manager, Department Heads shall set employee work schedules. Employees will be provided with a work schedule at the time of hire. Any changes to the assigned work schedules shall be made with input from impacted staff.
The City shall provide a 30- day notice of any changes but may make temporary changes lasting less than 30 days to the work schedule. It is understood that employees may not be able to accommodate immediate changes to their work schedule. In making changes, the City shall give consideration to prior commitments of the employees. Normal work schedules far employees at City Hall will involve an eight ( 8) tol twelve ( 12 hour block of time between the hours of 500 a. m. and 6: 00 p. m., Monday through Friday, not including lunch break. Should circumstances arise that necessitate work schedules other than the above SEIU and the Employer will reach agreement prior to implementation. The Department Head shall obtain approval for other schedules from the City Manager. Scheduled days off in a workweek shall be cons cutive.
5. 6 Witness Dutv
Any employee who shall be called as a witness in a case arising out of and in the course of the employee' s City employment shall be deemed to be on duty and there shall be no loss of pay. Compensation for mileage and subsistence shall not be considered as a fee and shall be retained by the employee, unless the employee uses a City vehicle to report for the court appearance.
The requirement to appear as a witness requires a subpoena. The party issuing the subpoena shall be required to pay witness fees to the City as set forth in the Government Code. All witness fees shall be paid prior to the employee appearing as a witness. An employee called as a witness in any other matter not arising out of and in the course ofthe employee' s City employment shall be deemed off duty.
6. SALARY ADMINISTRATION
6. 1 Salary Upon Appointment
Salary upon appointment shall be administered pursuant to Personnel Rule 6. 2
6. 2 Step Increases- Regular Employees
Salary upon appointment shall be administered pursuant to Personnel Rule 6. 2 27 98
All employees eligible for a step increase shall receive their step increase effective on his/ her Performance Review Date ( PRD) following ratification of the Memorandum of Understanding and subsequent PRDs.
6. 3 Salary Ste on Promotion
Salary upon appointment shall be administered pursuant to Personnel Rule 6. 2
6. 4 Order of Adjustment
Whenever an employee is promoted and receives a range change or the employee' s position is reclassified to a class having a higher salary range, on the employee' s merit anniversary day, the employee shall first receive the merit advancement increase to which he/ she may be entitled and then receive such increases to which he/ she may be entitled in the following order: salary adjustment, reclassification, promotion.
6. 5 Under- fillin
A positon may be under- filled to provide career development opportunities if the Department Head deems that workloads can be satisfactorily managed and staff is able to provide appropriate training and supervision or if, after the recruitment process, a qualified applicant is not available. An under-filled position will be on a six ( 6) month trainee period during which time the salary shall be fifteen ( 15) percent below the starting salary for that position. At the end of a satisfactory six ( 6) month trainee period, the employee shall be eligible to move to the first step in the range for that position and begin the regular employee probationary period as a promoted employee. At any time during the trainee period, the Department Head may determine to return the employee to filling the under- filled position to his or her regular position.
6. 6 Trial Period
Employees who change positions or who are promoted, shall have the option of returning to their old position for the duration of the hiring process. Before a final offer of employment is made to an applicant, the promoted employee will be given a one- day notification and opportunity to retreat to their former position.
7. RETIREMENT
7. 1 Retirement Formula and Cost Sharin Agreement
The City of Lathrop participates in the California Public Employees Retirement System ( Ca1PERS) as follows:
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7. 1. 1 For full-time or otherwise qualified employees hired before December 31, 2009, the City contracts with CaIPERS to provide 2% @55 formula based on the average of the highest three ( 3) years of final compensation.
Effective the pay period including 1/ 1/ 16 Employees will contribute 7% of the Employee share and there will be no City pick up of Employee share.
7. 1. 2 For full- time or otherwise qualified employees hired on or between January 1, 2010 and December 31, 2012, or new employees hired on or after January 1, 2013 who qualify as a Classic Employee pursuant to CaIPERS regulations, the City contracts with Ca1PERS to provide 2°Io@60 formula based on the average of the highest three ( 3) years of final compensation.
Effective the pay period including 1/ 1/ 16 Employees will contribute 7% of the Employee share and there will be no City pick up of Employee share.
7. 1. 3 For full-time or otherwise qualified employees who are hired on or after January l, 2013 or previous Ca1PERS members hired on or after January 1, 2013 who are not qualified as Classic Employees pursuant to Ca1PERS regulations, Ca1PERS has by statute implemented a 2% @62 formula based on the average of the highest three ( 3) years of final compensation.
Employees shall pay 50% of the narmal cost rate as determined by Ca1PERS.
7. 1. 4 Employee contributions toward the Employee share shall occur pre- tax pursuant to 414( h)( 2) of the Internal Revenue Code.
8. TRAINING AND EDUCATION
8. 1 Driver Trainin
When requested, all City employees will participate in the City Defensive Driver' s Training Program as a mandatory requirement of being an employee of the City.
8. 2 Educational Reimbursement Pro.gram
In accordance with the City' s Tuition Reimbursement Program, employees are eligible to receive tuition reimbursement for educational purposes which are intended to improve his/ her ability to accomplish his/ her City job for courses taken on the employee' s own time. Courses taken at an e or Llniversity, business or technical school, or courses i
en by a reco nized correspondence school shall be
recognized when they are:
a. Related to the employee' s current position within the CitX b. Related to the employee' s potential development within the City c. Part of a
pro ram leadin to a degree relating to the emplo
e' s position or
possible develo ment within the CitX
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i
Reimbursement must be recommended by the Department Head and approved by the City Manager prior to enrollment. Requests are to be submitted on the approved form. Rec uests will be returned to the employee within fourteen ( 14) calendar da of submittal. Payment of education funds is discretionary with a Department Head within appropriate budget limits:
I
a. Costs not to exceed a maximum of $ 3, 000' per calendar year, per employee; including books and materials and lab fees.
b. Employee' s time and travel are at employee' s own expense. c. Class time must be on employee' s own time, unless the Department Head approves an exception.
d. A passing grade of C or better, or a certificate of completion, is required in each course for reimbursement.
The City shall reimburse the emplo,yee within ( 30) calendar days of submittin necessarX documentation. If an employee voluntarily separates within one year of receiving the educational reimbursement, he/ she must reimburse the City of Lathrop within one year from the separation date.
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9. WORKER' 5 COMPENSATION AND EMPLOYEE SAFETY
9. 1 Worker' s Compensation
Under California law, an employee who is injured or becomes ill out of or in the course and scope of employment is entitled to temporary disability ( TD) payments only after a waiting period of three ( 3) days has elapsed. Prior to the commencement of TD payments, an employee may use accumulated leave to make salary whole.
Employees who are receiving TD payments under Division 4 or Division 4. 5 of the Labor Code shall accumulate vacation (including seniority credit for the purposes of vacation accrual under Section 3. 1), holidays and sick leave during such period of time that they are drawing such temporary disability indemnity. The City shall continue to provide health, dental, vision and life insurance plans coverage for such employees as if they were on payroll as regular employees.
9. 2 Workers' Compensation Leave
The City shall grant an employee time off with pay for workers' compensation related doctor appointments.
9. 3 Disputes Involvin Safety Issues
The City shall comply with all applicable laws and regulations pertaining to workplace health and safery. No employee shall be subject to discrimination or retaliation as prohibited by applicable law for reporting any health and safety concerns.
10. EVALUATIONS AND PERSONNEL FILES
10. 1 Employee Performance Evaluation
Performance appraisals shall be performed for all employees. Performance appraisals should be performed at least annually on the employee' s Performance Review Date ( PRD) and may take place more often. ( For work above class assignments, refer back to Section 4. 1. 3). The Employer shall make a good faith effort to bring all performance issues to the attention of the affected employee in a timely manner and as soon as possible after the Supervisor becomes aware of such issues.
The employee and Supervisar shall discuss and sign the performance appraisal at the end of the appraisal meeting. If the employee disagrees with the appraisal, he/ she shall have the opportunity to rebut the appraisal and have the rebuttal placed in his/her personnel file with the appraisal within ten ( 10) workdays. The Department Head must review and sign the performance appraisal and the City Manager must approve the Personnel Action Form before any salary action or 31 102
corrective action may be taken. Any Corrective Action shall be separate and apart from the performance appraisal. Performance evaluations are not subject to the grievance process.
10. 2 Em loyee Personnel Files
Employees shall have the right to review and at their own expense obtain copies of their personnel files maintained by the City. An employee' s representative may inspect the contents of an employee member of this bargaining unit' s personnel files upon signed and dated authorization by the employee. Authorization shall be valid for sixty (60) calendar days from the date of signature.
Documents not available for inspection include records relating to investigation of a possible criminal offense, letters of reference, ratings, reports or records that were:
A) obtained prior to the employee' s employment, B) prepared by identifiable examination committee members, and C) obtained in connection with a promotional examination, or other legally privileged records.
An employee shall have the right to submit written comments regarding any document placed in his/ her personnel file within ten( 10) workdays of such placement and to have such comments included in his/ her personnel file along with the document. If the employee files such comments, the Department Head and/ or City Manager will then have ten ( 10) workdays to file a response; this will end the response period for the specific document. Written comments shall be submitted to the Administrative Services Directar.
11. EMPLOYEE PROPERTY AND EQUIPMENT
11. 1 Boot Allowance
The City shall provide every employee who is required to wear protective boots with a boot allowance of$ 350 per year. To receive this allowance, the employee shall:
1) Purchase boots meeting defined safety specifications; and 2) Present proof of purchase, including cost.
In the event the employee selects boots from a vendor provided by the City, the cost of boots shall be paid directly by the City and the employee shall receive no further allowance.
12. REHIRE OF EMPLOYEES/ LAYOFFS
12. 1 Rehire of Em loyees
Individuals, who satisfactorily complete an original probationary period and subsequently separate from City employment in good standing, may be eligible for rehire without competing through the open public recruitment, into any similar City 32 103
position for which they qualify. The decision to rehire a previous full- time or parttime employee shall always be at the option of the Department Head or a designated representative, subject to the approval of the City Manager. Rehiring of a previous employee shall be subject to all other provisions of employment with the City including, but not limited to, the successful completion of a pre-employment physical drug screen.
In the instance of an employee who has been laid off due to a reduction in force or termination of a position, such employee shall be considered eligible for rehire if he/ she has had satisfactory or above performance evaluations for the two most recent evaluations. If an opening occurs in a job previously held by an employee who was separated due to reduction in force or termination of a position within two years of separation, that employee shall be notified by regular mail and offered the opportunity to return to City employment and given two weeks in which to respond to said offer. If no response is received within the two week period or the former employee declines to return to the City, he/ she shall thereafter be considered as a new candidate for re- employment. Acceptance of the offer of employee shall require that the former employee return to work within three ( 3) weeks of acceptance.
Employees who are rehired shall be considered, for the purposes of vacation accrual, length of service, etc., to have worked far the City since the original date of hire, less any time during which the employee was not working for the City.
12. 2 Lay Off Procedures and Bumping Rights
Any permanent full-time City employee who is to be laid off or dismissed for other than disciplinary reasons shall be given fifteen( 15) calendar days' notice and allowed to take time as a severance offering. This provision does not apply to probationary or contract employees.
12. 2. 1 Statement of Intent.
Whenever the City eliminates a position or has a reduction in force due to reduced work, reduced revenues, or other reasons, or when in the judgment of the City Manager, it becomes necessary to abolish any position of employment, the employee holding such position may be laid off or demoted, without disciplinary action and without the right of appeal. This does not negate any State or Federal rights.
I 12. 2. 2 - Notification.-
Employees to be laid off shall be given, whenever possible, at least fifteen ( 15) calendar days' prior notice, which shall include an opportunity to submit in writing or meet with the Administrative Services Directar regarding the reasons for the layoff and his/ her seniority and bumping rights. The Administrative Services Director will render a reply in writing within seven ( 7) calendar days after receiving the employee' s response.
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12. 2. 3. Vacancy and Demotion.
Except as otherwise provided, whenever there is a layoff under this Rule, the City shall first demote to a vacancy, if any, in a lower class for which the employee to be laid off is qualified. All persons so demoted shall have their names placed on the City' s reemployment list.
12. 2. 4 Employee Ri hts.
A permanent employee affected by layoff shall have the right to displace an employee who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status.
Seniority includes all periods of full-time service with the City.
12. 2. 5 Senioritv
a) In order to retreat to a former or lower class or series as defined in job descriptions, an employee must have more seniority than at least one ( 1) of the incumbents in the retreat class, and shall request displacement action in writing to the Administrative Services Director within five working days of receipt of notice of layoff. Notice of layoff shall include a notice of the rights set forth in this rule.
b) Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
c) Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or the class series. d) In cases where there are two ( 2) or more employees in the class from which the layoff is to be made, the employee with the least seniority shall be laid off. The only exception to this is if there is an employee in the class who, within the 12 months immediately previous, has been placed on " imposition of review" status due to employee discipline, such an employee shall be considered less senior for purposes of layoffs. If no employees within the class fit such criteria, or after all so- rated employees have been laid off, layoffs shall be in inverse order of the employees' seniority in that or a higher class.
12. 2. 6 Emplovment Status.
a) Only permanent full-time employees and permanent part- time employees as defined in Rule 3. 7 shall be entitled to any rights under this Rule. 34 105
12. 2. 7 Reemployment List.
a) The names of persons laid off in accordance with these rules shall be entered on a reemployment list. Lists from different Departments or at different times for the same class of position shall be combined into a single list. Such lists shall be used when a vacancy arises in the same or lower class of position before certification is made from an eligible list. b) Names of persons laid off shall be carried on a reemployment list for two 2) years, except when that person' s appointed to permanent positions at the same level from which they were laid off shall, upon such appointment, be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for two ( 2) years. The City Manager may extend the duration of a reemployment list.
13. SUBSTANCE ABUSE REFERRALS
The City and SEIU jointly recognize the value of the City' s Employee Assistance Program offered through the Central San Joaquin Valley Risk Management Authority in the evaluation and resolution of employee problems associated with substance abuse.
14. GRIEVANCE PROCEDURE
14. 1 Purpose
Grievance procedures for employees are provided herein:
a) To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
b) To afford employees individually a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through informal discussions.
c) To provide that grievances shall be settled as near as possible to the point of origin.
d) To provide that grievance shall be heard and settled as informally as possible.
14. 2 Matters Subject To Grievance Procedures
An employee shall have the right to submit a written grievance regarding a claimed violation of this MOU or the Personnel Rules and Regulations. The grievance 35 106
process shall not be applicable to employee discipline, to employee evaluations, or any disputes resolved through another City process.
14. 3 Employee Ri hts
Eligible employees are entitled to:
a) Assistance by an SEIU representative who may act as an advocate or advisor at any level of grievance, or who may be present at any formal grievance meeting with a Department Head, or City Manager.
b) A reasonable amount of time during work hours to prepare a formal grievance.
c) Freedom from reprisal for using the grievance system. d) The right to call other employees as witnesses at a hearing during the formal grievance process.
e) The right to have their grievance presented and acted upon in a timely manner.
The time limits specified below may be extended to a definite date by mutual agreement of the employee and reviewer concerned.
14. 4 Informal Grievance Procedure
14.4. 1 An employee should first attempt to resolve a grievance or complaint through discussion with his/ her immediate Supervisor without undue delay, but within ten ( 10) calendar days of the issue or the employee' s first awareness of the issue. If, after such discussion, he/ she does not believe that the problem has been satisfactorily resolved, he/ she shall have the right to discuss it with the Supervisor' s immediate superior, if any, without undue delay, but within ten 10) calendar days after initial Supervisory discussion. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If he/ she is not in agreement with the decision reached through such discussion, he/ she shall have the right to file a formal grievance in writing within ten ( 10) calendar days after receiving the informal decision of his/ her superior or superiors. An informal grievance shall not be taken above the Department Head.
14.4. 2 All informal grievances should be documented by the Supervisor and any other Supervisors involved.
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14. 5 Formal Grievance Procedure
14. 5. 1 Department Review
a) If, after receiving a decision on an informal grievance, an employee desires to proceed with the formal grievance process, the grievance shall be presented in writing to the employee' s Department Head, who may discuss the grievance with the employee, SEIU representative, if any, and with other appropriate persons. Said grievance must be submitted within thirty( 30) calendar days after the employee receives the decision on the informal grievance. The grievance shall include the following information:
i The specific section of the Rules and Regulations at
issue;
ii Facts supporting the grievance including dates, times, documents, and witnesses; and
iii The remedy sought
b) The Department Head shall render a decision and comments in writing and return them to the employee within fifteen( 15) calendar days after receiving the grievance.
c) If the employee does not agree with the decision reached, or if no answer has been received within fifteen ( 15) calendar days, the employee may present the grievance in writing to the City Manager or designee. Any such grievance shall be presented within ten ( 10) calendar days after receipt of the Department Head decision. d) Failure of the employee to take further action within ten ( 10) calendar days after receipt of the decision, or within a total of twenty-five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.
14. 5. 2 City Mana er Review
a) Upon receiving the grievance, the City Manager shall provide a written response to the employee within fifteen ( 15) calendar days.
The City Manager may respond based on 1) a review of the grievance file, 2) a meeting with the employee, employee representative, if any, and with other appropriate persons; or both.
b) If the employee does not agree with the decision reached, or if no answer has been received within fifteen ( 15) calendar days, the employee and/ or City may request the matter be heard by a mediator. 37 108
This request shall occur within fifteen ( 15) calendar days of the City Manager' s written response
c) Upon request of inediation, the City shall arrange for the matter to be heard by a mediator from the State Mediation and Conciliation Service as soon as possible. Any costs associated with this mediation step shall be split between the City and the SEIU. The mediator shall attempt to negotiate a solution to the grievance. If agreement is not reached, the mediator shall issue a non- binding, written recommendation to the City Manager regarding the accuracy of the circumstances leading to the grievance and the disposition of the grievance including recommended discipline. The mediator shall make fact findings in support of his/ her recommendations. d) Upon receipt of the mediator' s recommendation, the City Manager shall discuss the grievance with the employee, the SEIU representative, if any, and with all other appropriate persons. e) The City Manager shall render a final decision in writing to the employee within twenty ( 20) calendar days after receiving the mediator' s recommendation. The City Manager may, accept, reject or modify the recommendation of the mediator. The decision of the City Manager is final.
15. PROCEDURES FOR DISCIPLINARY ACTION
The following procedure shall be applicable to regular full-time and part-time employees; provided the part-time employees work thirty ( 30) or more hours per week. The following procedure shall be used for disciplinary actions regarding performance salary reduction, suspension, demotion, and termination of an employee.
a. Employee shall be served with a mailed Notice of Intent to Discipline Notice).
b. The Notice of proposed discipline shall include:
i. A statement of the nature of the proposed action.
ii. A statement of the reasons for the proposed action, including the specific acts or omissions giving rise to the proposed action. iii. A copy of any documents or other written materials upon which the disciplinary action was fully or in part based.
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iv. A statement advising the employee of his/ her right to appeal such action and the right to SEIU representation.
v. The date, time and location of the Skelly Response meeting, and the name of the Skelly Officer.
c. In those extraordinary circumstances wherein the City Manager determines immediate disciplinary action is necessary as a result of accusations involving misappropriations of public funds or property or action which would constitute a felony or misdemeanor involving moral turpitude, or where the employee' s presence on the job is deemed to be a threat to the safety of other employees or members of the public, the City Manager may place the employee on paid administrative leave while proceeding with the procedures for disciplinary action
d. Skelly Meeting — the employee shall have the right to respond informally to the charges verbally, in writing, or both, before the discipline is imposed. The employee shall have ten ( 10) calendar days from receipt of the notice within which to respond to the charges. The employee may request a reasonable extension of time to respond for justifiable reasons. The City Representative hearing the response, the Skelly Officer, shall render a final written decision within ten ( 10) calendar days of receiving the employee' s response. The Skelly Officer may sustain, modify or overturn the recommended disciplinary action. The Skelly response will be delivered to the employee in person, via registered mail or overnight delivery. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the postSkelly decision is delivered to the employee. e. Appeal — the employee shall have the right to appeal the disciplinary action within ten ( 10) days of receiving the post-Skelly disciplinary decision as follows:
i. Step 1 — meet with Department Head or if Department Head served as the Skelly Officer, then the employee may send the appeal to the City Manager. The appeal shall be in writing and describe why the employee believes the disciplinary action taken was not appropriate.
The response to the appeal will be provided to the employee within ten ( 10) calendar days.
ii. Step 2 — If not satisfied with the result of Step 1 above, the employee may provide the written appeal to the City Manager far review. The City Manager' s written response will be provided to the employee within ten ( 10) calendar days.
iii. Step 3 — If the employee is not satisfied with the results of Step 2, the employee may request binding arbitration/ an appeal hearing. The 39 110
written request sha11 be submitted to the City Manager within ten ( 10) calendar days of receiving the City Manager' s response to the appeal.
An appeal of the Order of Disciplinary Action, after exhausting the process as set forth above, shall be heard by an Arbitrator/ Independent Hearing Officer. The City Manager or designee shall request a list of neutrals from the State Mediation and Conciliation Service. Such list shall be requested within five ( 5) working days of receipt of an employee' s appeal demanding a hearing. The City Manager or designee, and the employee, or the employee' s authorized representative shall meet not later than three ( 3) working days after receipt of the list and select the hearing officer utilizing the alternate strike method. The party striking first shall be determined by the toss of a coin. Should the person selected as the hearing officer be unavailable to commence the hearing process within ninety ( 90) days of this selection, the parties shall request another name from the State Mediation and Conciliation Service and shall proceed again through the list as provided above unless the parties agree to a later date for the hearing using the selected arbitrator/hearing officer.
The Arbitrator/ Hearing Officer shall regulate the conduct of the hearing process. The Arbitrator/ Hearing Officer shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten ( 10) days' notice of such date, time and place to the appellant, or his/ her other designated representative, the City Manager and the Administrative Services Director. The hearing shall be recorded by a court reporter or electronic process. Oral evidence may be heard only on oath or affirmation. The Arbitrator/ Hearing Officer shall, within thirty ( 30) calendar days of the close of the hearing, file with the Administrative Services Directar the decision affirming, modifying, or revoking the Order, and shall mail a copy of his/ her findings and decision to the appellant and to the City Manager.
The decision of the Arbitrator/ Hearing Officer shall be final for all purposes unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision within thirty ( 30) calendar days of the date of mailing of the notice of decision to the appellant and the City Manager.
f. Employee' s failure to respond or file an appeal within any specified time period in Section 15 shall terminate the right to a hearing and the Order shall be deemed final.
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16. SUPERSESSION CLAUSE
Except as may hereinafter be agreed to in writing, and except for the Lathrop EmployeeEmployer Relations Resolution, this MOU contains the sole and entire agreement between the parties. It supersedes any and all other previous Memoranda of Understanding or side letters between the parties and incorporates by reference all such previous memoranda between the designated representatives of inembers of this representation unit and the City and also supersedes and incorporates by reference any and all Resolutions and Minute actions adopted by the City of Lathrop City Council which were adopted to implement any MOU between the designated representatives of inembers of this representation unit and the City; this MOU shall prevail and apply.
17. PROPOSAL SUBMITTAL
SEN and the City will be i n negotiations no later than three ( 3) months prior to contractexpiration. a e e e-# f *, o . ,. , o ,. „*,..,,,.
Both
parties will agree on a final deadline for either side to submit bargaining proposals once bargaining begins.
18. SEVERABILITY OF PROVISIONS
Should any Section, Clause or Provision of this Agreement be declared illegal by final judgment by a court of competent jurisdiction, such invalidation of said Section, Clause or Provisions shall not invalidate the remaining portions hereof and such remaining portions shall continue in full force and effect.
19. MERGER
This agreement represents the entire MOU of the parties and all prior or contemporaneous oral and written agreements are merged herein. There are no representations, conditions, warranties or collateral agreements regarding the subject matter of this agreement other than as set forth herein.
20. CHOICE OF LAW/ VENUE
The laws of the State of California sha11 govern this MOU. In the event of any lawsuit commenced by the City or SEIU as a result of the performance of this agreement, the parties each consent that the venue for any such action shall be laid in a court of competent jurisdiction in San Joaquin County.
21. ATTORNEY' S FEES
In the event of any litigation between the parties arising out of the performance of this MOU, each party shall bear their own actual attorney' s fees incurred. 41 112
22. FINAL AGREEMENT
Entered into this lst day of July, 2016, the parties agree that the above includes all items discussed and agreed to by way of the meet and confer process. This Agreement cannot be amended to, subtracted from or added to except by mutual written agreement of both parties. The persons executing this agreement each represent and warrant that they have been duly authorized to do so and the agreement is a valid and binding obligation of both parties.
CITY OF LATHROP SEIU LOCAL 1021
I
Sonny Daliwhal, Mayor Andrea Colavita Pinkham: oRc- i,
Field Representative
I
Ste hen J. Salvatore, r'
p Chief Negotiator Phil Humphrey i€€ t--, SEIU
Member"^.^*^*,
APPROVED AS TO FORM:
Debra Wheale , SEIU Member
Salvador Navarrete, City Attarney Bill Petrone, SEIU Field Director iI r C' TT T Do .,+.,'. i iui vi.i
David Canham'"„ *.,' " n'
Executive Director, Field & Programs
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Appendix A
The City of Lathrop General Services Bar ainin Unit ( GSBU) is comprised of regular full- time and part-time ( when scheduled to work thirty (30) hours or more per week) employees who are incumbents in positions in the job classifications listed as follows, with the exception of those positions that are designated as confidential:
Accountant UII Management Analyst I
Accounting Technician Management Analyst II
Accounting Specialist I Office Assistant I
Accounting Specialist II Office Assistant II
Administrative Clerk Permit Technician
Administrative Assistant I Plans Examiner
Administrative Assistant II Recreation Coordinator
Animal Services Officer Recreation Leader
Animal Control Assistant Recreation Specialist
Assistant Engineer Recreation Supervisor ( current incumbent Assistant Planner only. Any successor will have the option of Associate Planner being included or excluded from the unit) Budget Analyst I Senior Accounting Technician
Budget Analyst II Senior Animal Services Officer
Building Inspector I Senior Building Inspector
Building Inspector II Senior Construction Inspectar
Building Inspector III Senior Engineer Technician
Code Compliance Officer I Senior Recreation Leader
Code Compliance Officer II Senior Streets Maintenance Worker Code Compliance Officer III Senior Utilities Maintenance Worker Construction Inspector I Solid Waste and Resource Conservation Construction Inspector II Coordinator
Crime and Intelligence Analyst Utility Operator I
Engineering Technician I Utility Operator II
Facility Supervisor Utility Operator III
GIS Specialist Wastewater Treatment Plant Operator
TT Technology Technician Trainee
Junior Engineer Wastewater Treatment Plant Operator I
Maintenance Worker I Wastewater Treatment Plant Operator II Maintenance Worker II
ADMINISTRATNE TECHNICIAN 1
ACCOUNTANT I ADMINISTRATIVE TECHNICIAN II
ACCOUNTANT Il ASSISTANT ENGINEER
ADMINISTRATIVE ASSISTANT I ASSISTANT PLANNER
ADMINISTRATIVE ASSISTANT II ASSOCIATE ENGINEER
ADMINISTRATIVE ASSISTANT III ASSOCIATE PLANNER
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BUILDING INSPECTOR I UTILITY OPERATOR III
BUILDING INSPECTOR II WATER METER READER I
BUTLDING INSPECTOR III WATER METER READER II
CHIEF UTILITY OPERATOR
COMMUNITY SERVICE OFFICER I
COMMUNITY SERVICE OFFICER II
COMMUNITY SERVICE OFFICER III
CONSTRUCTION INSPECTOR I
CONSTRUCTION INSPECTOR II
CONSTRUCTION INSPECTOR Ill
CRIME & INTELLIGENCE ANALYST
CUSTOMER SERVICE
REPRESEI ITATNE I
CUSTOMER SERVICE
REPRESENTATIVE II
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN II
HUMAN RESOURCES TECHNICIAN
INFORMATION TECHNOLOGY
TECHNICIAN
JUNIOR ENGINEER
MAINTENANCE WORKER I
MAINTENANCE WORKER II
MAWTENANCE WORKER III
OFFICE ASSISTANT I
OFFICE ASSISTANT II
PARKS AND RECREATION
ADMINISTRATOR
PERMIT TECHNICIAN
POLICE RECORDS ASSISTANT I
POLICE RECORDS ASSISTANT II
PROPERTY AND EVIDENCE
TECHNICIAN
RECREATION COORDWATOR
RECREATION SPECIALIST
SENIOR ACCOUNTING TECHNICIAN
SENIOR BUILDWG INSPECTOR
SENIOR CUSTOMER SERVICE
REPRESENTATIVE
SENIOR ENGINEERING TECHNICIAN
SENIOR RECREATION LEADER
SOLID WASTE& RESOURCE
CONSERV. COORD.
UTILITY OPERATOR I
UTILITY OPERATOR II
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CITY OP' I,ATHROP
GRADE- STEP TAI3LE Adopted Per Resolution No. 22-
I'OBRIiFL' RE; VCF, i:SFOrVL}
E'jf p7/09/ 2022
2o hourly i 5J 826 $ 15. 9418 $ 16. 7390 $ ] 7. 5759 $ 1 R. 4547 bi- weekly 1, 215 1, 275 1, 339 1, 406 1, 476
monthly 2, 632 2, 763 2, 901 3, 046 3, 199
annual 31, 580 33, 159 34, 817 36, 558 38, 38C
Z hourly 15. 5622 $ 16. 3405 $ 17. 1573 $ 18. 0152 $ 18. 91( I bi- weekly 1, 245 1, 307 1, 373 1, 441 1, 513
monthly 2,( 97 2, 832 2, 974 3, 123 3, 279
annual 32, 369 33, 988 35, 687 37, 472 39, 345
z? hourly 159 08 16. 7486 $ 17. 5858 $ 1 A. 4651 $ 19. 3882 bi- weekly 1, 276 1, 340 1, 407 1, 477 I, 551
monthly 2, 765 2, 903 3, 048 3, 201 3, 36]
annual 33, 178 34, 837 36, 578 38, 407 40, 327
Z? haurly 163500 $ 17. 1676 $ 18A260 $ 189275 $ 19. 8735 bi- weekly 1, 308 1, 373 1, 442 1, 514 1, 590
monthly 2, 834 2, 976 3, 125 3, 281 3, 445
annual 34, 008 35, 709 37, 494 39, 369 41, 337
Zd hourly 16. 7590 $ 17. 5970 $ 18. 4765 $ 19. 4004 $ 203704 bi- weekly 1, 341 1, 408 1, 478 1, 552 1, 630
monthly 2, 905 3, 050 3, 203 3, 3C3 3, 531
annual 34, 859 36, 602 38, 431 40, 3 3 42, 371
z hourly 17. 1780 $ 18. 0365 $ 18. 9384 $ 19. 8855 $ 20.8799 bi- weekly 1, 374 1, 443 1, 515 1, 591 1, 670
monthly 2, 978 3, 126 3, 283 3, 447 3,(] 9
annual 35, 730 37, 516 39, 392 41, 3( Z 43, 430
z hourly iZ6073 $ 18. 4877 $ 19. 4120 $ 203825 $ 21. 4016 bi- weekly 1, 409 1, 479 1, 553 1, 631 1, 712
monthly 3, 052 3, 205 3, 365 3, 533 3, 710
annual 36, 623 38, 454 40, 377 42, 395 44, 515
v Recr ar ov en Ea UNREP ho rly 18. 0474 $ 18. 9498 $ 19. 8976 $ 20. 8925 $ 21. 9369 bi- weekly 1, 444 1, 516 1, 592 1, 671 1, 755
manthly 3, 128 3, 285 3, 449 3, 621 3, 802
annual 37, 539 39, 416 41, 387 43, 456 45, 629
ZR hourly 18. 4986 $ 19. 4235 $ 20. 3947 $ 2L4144 $ 22. 4854 bi- weekly 480 1, 554 1, 632 1, 713 1, 799
monthly 3, 206 3, 367 3, 535 3, 712 3, 897
annual 38, 477 40, 401 42, 421 4a, 542 46, 770
Z' hourly 18. 9612 $ 19. 9092 $ 209046 $ 219498 $ 23. 0474 bi- weekly 1, 517 1, 593 1, 672 1, 756 1, 844
monthly 3, 287 3, 451 3, 623 3, 805 3, 995
annual 39, 439 41, 411 43, 482 45, 656 47, 939
3 hourly 19. 4351 $ 20. 4068 $ 21. 4271 $ 22. 4985 $ 23. 6235 bi- weekly 1, 55 1,( 33 1, 714 I, A00 1, 890
monthly 3, 369 3, 537 3, 714 3, 900 4, 095
annual 40, 425 42, 446 44, 568 46, 797 49, 137
3 hourly 19. 9211 $ 20. 9169 $ 219629 $ 23A( 09 $ 242140 bi- weekly 1, 594 1, 673 1, 757 1, 8d5 1, 937
monthly 3, 4 3 3, 626 3, 807 3, 997 4, 197
annual 41, 436 43, 507 45, 6A3 47, 9( 7 50,365
32 OFFICEASSISTANTI SEN hourly 20. 4190 $ 21. 4398 $ 22. 5120 $ 23. C372 $ 24. 8193 SEMORRECREATfONLEADER SEIU bi- weekly 1, 634 1, 715 1, 801 1, 891 1, 986 monthly 3, 539 3, 716 3, 902 4, 097 4, 302
annual 42, 472 44, 595 46, 825 49, 165 51, 624
33 hourly 20. 929d $ 2L9759 $ 23. 0746 $ 242286 $ 25. 4399 bi- weekly 1, 674 1, 758 1, 846 1938 2, 035
monthly 3, 628 3, 809 4, 000 4, 200 4, 410
annual 43, 533 45, 710 47, 995 50, 395 52, 915
hourly 21. 4527 $ 22. 5255 $ 23. 6518 $ 24. 8345 $ 26.0759 bi- weekly 1, 716 1, 802 1, 892 1, 987 2, 086
monthly 3, 718 3, 904 4, 100 4, 305 4, 520
annual 44, 622 46, 853 49, 196 SI, C56 54, 238
35 OFFICEASSISTANTII SEIU hourly 219892 $ 23. 0884 $ 24. 2428 $ 25. 4548 $ 2CJ277 bi- weekly I, 759 1, 847 1, 939 2, 036 2, 138
monthly 3, 811 4, 002 4, 202 4, 412 4,633
annual 45, 738 48, 024 50, 425 52, 946 55, 594
3C hourly 22. 5389 $ 23. 665G $ 24. 8491 $ 26. 0913 $ 27. 3960 bi- weekly l, 803 1, 893 1, 988 2, 087 2, 192
monthly 3, 907 4, 102 4, 307 4, 522 4, 749
annual 46, 881 49, 225 51, 686 54, 270 56, 984
z hourly 23. 1021 $ 24. 2571 $ 25. 4701 $ 26. 438 $ 28. 0807 RECREAT[ ONSPECIALIST SEIU bi- weekly 1, 848 1, 941 2, 03$ 2, 140 2, 246 monthly 4, 004 4, 205 4, 415 4, 636 4, 867
annual 48, 0 2 50, 455 52, 978 55, 627 58, 408
TT CHME VT " „
116
c Tv or r aTEruo
GRADE- STEP TABLE Adoptcd Per Resolution No. 32-
FOR RI; FF'RE;VCG t'SE O:l7. t
Ejf. 07/09/2022
3R hourly 23. 6800 $ 24. 8638 $ 26. 1068 $ 27. 4121 $ 28. 7829 bi- weekly 1, 894 1, 989 2, 089 2, 193 2, 303
monthiy 4, 105 4, 310 4, 52 4, 751 4, 939
annuai 49, 254 51, 717 54, 302 57, 017 59, 869
3 hourly 242718 $ 25. 4855 $ 26J595 3 28. 0977 $ 29. 5022 bi- weekly 1, 942 2, 039 2, 141 2, 248 2, 360
monthly 4,? 07 4, 417 4,( 38 4, 870 5, 114
annuai SQ485 53, 010 55, 660 58, 443 61, 365
3 hourly 24. 878A $ 2(. 1228 $ 27. 4288 $ 28. 8001 $ 30. 2400 bi- veekly 1, 990 2, 090 2, 194 2, 304 2, 419
month y4, 3I2 4, 528 4, 754 4, 992 5, 242
annual 51, 748 54, 33C 57, 052 59, 904 62, 899
41 ADMMISTRATIVEASSISTANTi SF.IU hourly 2. 5006 $ 26. 7756 $ 28. 1144 $ 29. 5201 $ 30. 9960 ATERMETERREAOF.RI SEIU bi- weekly 2, 040 2, 142 2, 249 2, 3C2 2, 480 MAINTEVANCE S' ORKERI SEIU monthly 4, 420 4, 641 4, 873 5, 117 5, 373 annual 53, 041 55, 693 58, 478 61, 402 64. 472
J2 CUSTOMERSERVICEREPRF. SENTATIVEI SEIU hourly 26. 1380 $ 27. 4449 $ 28. 8175 $ 30. 258? $ 31. 7713 bi- weekly 2, 091 2, 196 2, 305 2, 421 2, 542
monthly 4, 531 4, 757 4, 995 5, 245 5, 507
annual 54, 367 57, 085 59, 940 62, 937 66, 084
J3 POLICEOFFfCF. RTR.4NEE NON-$ WORN hourly 3 26. 7912 $ 28. 1312 $ 29. 5376 $ 31. 0 45 $ 32. 5651 POl ICF. RF,CORns ASSISTANT 1 SEIU bi- weekiy 2, 143 2, 250 2, 363 2, 481 2, 605 monthly 4, 644 4, 87G 5, 120 5, 376 5, 645
annual 55, 726 58, 513 61, 438 64, 510 67, 735
dd INPORMAT[ ON TECFitiOLOGY TECFiNICIAN SEIU hourly 27. 4612 $ 2A. 8344 $ 302762 $ 31 J899 $ 33. 3795 bi- weekly 2, 197 2, 307 2, 422 2, 543 2, 670
monthly 4, 760 4, 998 5, 248 S, SlO 5, 786
annual 57, 119 59, 975 62, 974 66, 123 69, 429
4i , 4Dh1INISTRATNE ASSISTANT II SEN hourly 28, 1477 $ 29. 5551 $ 31. 0330 $ 32. 5847 $ 342139 RECREATIONCOORDMATOA SE[ U bi- aeekly 2, 2 2 2, 364 2, 483 2, 607 2, 737 WATER METER READER II SFfU mon[ hly 4, 879 5, 123 5, 379 5, 64$ 5, 930 1AMTENANCF. Ik'ORKERII SEIU annual 58, 547 61, 475 64, 54 67, 776 71, 165 46 POLICE RECORDS ASSISTANT lI SEIU hourly 28. 8517 $ 30. 2941 $ 31. 8087 $ 33. 3994 $ 3. 0691 bi- weekly 2, 308 2, 424 2, 545 2, 672 2, R0C
monthly 5, 001 5, 251 5, 514 5, 789 6, 079
annual 60, 012 63, 012 66, 162 69, 471 72, 944
4 PERMIT TECFINICIAN SEIU hourly 29. 5726 $ 31. 0516 $ 326039 $ 342340 $ 35. 9458 ADMI! viSTRATIVETF.CHNICIAv I SE( U bi- wcekly 2, 366 2, 484 2, 608 2, 739 2, 876 1DMMtSTRATNE ASSISTANT III SEIU monthiy 5, 126 5, 382 5, 651 5, 934 6, 231 HUb1, N RESOURCES TECHNICIAN SEIU annual 61, 511 64, 587 67, 816 71, 207 74, 767 4R MAMTENANCEWORKERIII SEIU hourly 30. 3122 $ 31. 8280 $ 33. 4190 $ 3JA899 $ 36. 8447 SOLID V.' ASTE& RESOURCE CONSERV. COORD. SFIU bi- w eekly 2, 425 2, 546 2, 674 2, 807 2, 94$ monthly 5, 254 5, 517 5, 793 6, 082 6, 386
annual 63, 049 6G, 202 69, 512 72, 987 76, 637
49 hourly 31. 0699 $ 32. 6234 $ 342548 $ 359676 $ 37. 7659 PROPF.RTY AND EVIDFNCE TECHMCIAN SF,IU bi- weekly 2, 486 2, 610 2, 740 2, A77 3, 021 CUSTOMFR SERVICF REPRESENTATNE II SEIU monthly 5, 385 5, 655 5, 937 6, 234 6, 546 annual 64, 625 67, 857 71, 250 74, 8( 3 78, 553
so HNG NEERING TECHNICIAN SEIU hourly 31. 8466 $ 33. 4389 $ 35. 1111 $ 36. 8664 $ 38J099 bi- weekly 2, 548 2,( 75 2, 809 2, 949 3, 097
monthly 5, 520 5; 796 6, 086 6, 390 6, 710
annual 66, 241 G9, 553 73, 031 76, 6A2 80, 516
51 CRIh1E& INTELLIGENCEANALYST SEIU houdy 32. 6430 $ 342754 $ 3. 9889 $ 37J885 $ 39. 6777 SENIOR AD iINISTRATNE ASSISTANT LM1ICEA bi- weekly 2, 61 1 2, 742 2, 879 3, 023 3, 174 ADb11NISTRATIVE TECHNfC1.4N ll SEIU monthly 5, 658 5, 941 6, 238 6, 550 6, 877 SENIOR CUSTOMER SERVICE REPRESF.NTATIVE SEIU annual 67, 897 71, 293 74, 857 78, 600 82, 530 iz ACCOUNTANT I seiu hourly 33. 4588 $ 35. 1316 $ 36. 8884 $ 38. 7327 $ 40. 6694 BUILD[ NG INSPF. CTOR I SEIU bi- weekly 2, 677 2, 81 I 2, 951 3, 099 3, 254 COMb1UNITY SERVICE OFF( CER I SEIU monthly 5, 800 6, 089 6, 394 6, 714 7, 049 HR ANALYST 1 LMCEA annual 69, 594 73, 074 76, 728 80, 564 84, 592 UTIL[ TY" OPGRATOR 1 SEIU
i3 CONSiRUCTION MSPECTOR 1 SEIU hourly 342955 $ 36. 0099 $ 37. 8104 $ 39. 7011 $ 41. 6863 POLICE RECORDS SUPERVISOR LMCEA bi- weekly 2, 744 2, 881 3, 025 3, 176 3, 335 LEGAL SECRETARY LMCEA monthly 5, 945 6, 242 6, 554 6, 882 7, 226 annual 71, 33 74, 901 78, 646 82, 578 86, 708
54 F.NGINEERtNG 7FCHNICIAN u SEIU hourly 35. 1527 $ 36. 9104 $ 38J558 $ 40. 6937 $ 42. 7285 Eh CUT[ VEASSISTANT I, MCEA bi- weekly 2, 812 2, 953 3, 100 3, 255 3, 418 monthly 6, 093 6, 398 6, 718 7, 054 7,406
annual 73, 118 76, 774 80, 612 84, 643 88, 875
hourly 36. 0316 $ 37. 8332 $ 39.7248 $ 41. 7109 $ 43. 7965 BUI[ o[ NG INSPECTOR n SEIU bi- weekly 2, 883 3, 027 3, 178 3, 337 3, 504 COMMUtitTY SERVICE OFFICER II SEIU monthly 6, 245 6, 558 6, 886 7, 230 7, 591 SENIORACCOUNTMGTECHNIC[ AN SGIU annual 74, 946 78, 693 82, 628 86, 759 91, 097
117
crrY oF L.A xaor
GRADE- STEP TABI, E
Adopted Per Resolution No. 22-_____
FOR REFL' RE YCE('. Sl: O;YI_I
EJf. 07/09/ 2021
56 ACCOUNTANT SEiU hourly 36. 9325 $ 38. 7789 $ 40. 7] 80 $ 42. 7540 $ 44. 8914 MANAGEMENT ANALYST 1( CONFIDENTI. 4L) LMCEA bi- weekly 2, 955 3, 102 3, 257 3, 420 3, 591 DEPUTY CITY' CLERK LMCF. A monthly 402 722 7, 058 7, 41 I 7, 781 HR ANALYST 1I Lh( CEA annual 76, A20 A0, 660 84, 693 88, 928 93, 374 UTILITY" OPF.RATOR If SEN
57 COvSTRUCTION INSPECTOR II SEN hourly 37. 8556 $ 39. 7484 $ 4173( 0 $ 43. 8225 $ 46. 0138 CUSTOMERSERVICESUPBRVISOR LMCFA bi- weekly 3, 028 3, 180 3, 339 3, 506 3, 681 LFG. 4LASSISTANT LMCEA monthly 6, 5G2 6, 890 7, 234 7, 596 7, 97G PARkS& R[ CREATION SUPERVISOR LMCEA annual 78, 740 82, 677 86, 811 91, 1 9, 709 SA ASSfSTANT PLANN[ R SEIU hourly 38. 8020 $ 40. 7421 $ 4?. 7793 $ 44. 9180 $ 47. 1642 JUNIORENGINEER SFIU bi- weekly 3, 104 3, 259 3, 422 3, 593 3, 773 SF. NIORF, NGINEF. RRJGTECHMCIAN SLIU monthly 6, 726 7, 062 7, 415 7, 786 8, 175 annual 80, 708 84, 744 88, 981 93, 429 98, 101
5e BUILD[ NG[ NSPEC7oR 1II SEIU hourly 39. 7721 $ 41. 7608 $ 43. 8487 $ 46A409 $ 48. 3433 CHIF.F UTtLITY OPERA7' OR SEIU bi- weekly 3, 182 3, 341 3, 508 3, G83 3, 867 COMM TJITY SERViCF: OFFICER Ill SGIU monthly 6, 89 1 7, 239 7, 600 7, 980 A, 380 M1I. AINTENANCE SERVICES SUPERVISOR LMCEA annual 82, 726 86, 862 91, 205 95, 765 l OQ554 0 EXECUTIVE ASSISTANT TO THL CITY MANAGER LMCEA hourly 40. 7666 $ 42. 8049 $ 44. 9451 $ 47. 1924 $ 49. 5518 LANDSCAPE @ IRRIGATION SPFCIA[, IST LMCEA bi- weekly 3, 261 3, 424 3, 596 3, 775 3, 964 M1fANAGEM1fHNT AN. 4LYST II( CONFIDF,NTIAL) LMCEA monthly 7, 06( 7, 420 7, 790 8, 180 8, 589 INFORMATIONTECHNOLOGYFNGI iEERI I. MCF. A annual 84, 795 89, 034 93, 48fi 98, Ifi0 103, 068 C, I POUCE SERVICFS MANAGER Lb1CF. A hourly 41. 7855 $ 43. 8750 $ 4C. 0685 $ 48. 3719 $ SOJ906 CONSTRUCTION RJSPECTOR III SEIU bi- weekly 3,. 343 3, S l0 3, G85 3, 870 4, 063 UTILITY M. AMTENANCE SUPERVISOR LMCEA monthly 7, 243 7, 605 7, 985 8, 384 8, 804 UTILITYOPER4iORIII SEIU annual 86, 914 91, 260 95, 823 IOQ6l4 105, 645 62 WASTER' ATER TREATM1IENT PLANT SUPER 9SOR LMCEA hourly 42. 8302 $ 44. 9718 $ 47. 2202 $ 425814 $ 52. 0603 bi- weekly 3, 426 3, 598 3, 778 3, 967 4, 1( 5
monthly 7, 424 7, 795 8, 185 8, 594 9, 024
annual 89, 087 93, 541 98, 218 103, 129 08, 285
c3 sEN oRSUn. orvG srECTOR SeiU houdy 439011 46. 0961 E 48. 4010 50. 8207 $ 53. 3617 ASSOCIATE PL. 4NNER SF. IU bi- weekly 3. 512 3, 688 3, 872 4, 066 4, 269 manthly 7, 610 7, 990 8, 389 8, 809 9, 2 49
annual 91,. 314 95, 880 100, 67d 105, 707 1IQ992
C, t hourly 449984 $ 47. 2482 $ 49. 6108 $ 52. 0915 $ 54. 6959 ASStSTANTENGINF. ER SEIU bi- weekly 3, 600 3, 780 3, 969 4, 167 4, 376 PARRSANDRECRF. ATIONADMINISTRATOR SEIU monthly 7, 800 8, 190 8, 599 9, 029 9, 481 RF: CRLATION MANAGER LMCEA annual 93, 597 98, 276 103, 191 108. 350 113, 7G8
PARKS AND FACILITATES MANAGER LWCEA
STREETS AND OPERATIONS MANAGER LMCEA
C BUDGETMANAGER LMCEA hourly 46. 1235 $ 48. 4298 $ 50. 8J11 $ 533937 $ 56. 0( 36 SHNIORACCOIINTAtiT L 10EA bi- weekly 3, 690 3, 874 4, OC8 4, 271 4, 48 POLICF OFFICF.R SWORN monthly 7, 99 8, 39d 8, 814 9, 255 9, 718 annual 95, 937 100, 734 105, 770 1 I 1, 0 9 1 I 6, 612
6C hourly 472765 $ 49. 6403 $ 52. 1224 54. 7284 $ 57. 4652 bi- weekly 3, 782 3, 971 4, 170 4, 378 4, 597
monthly 8, 195 8, 604 9, 035 9, 486 9, 961
a n n u al 9 8, 3 3 5 10 3, 2 5 2 10 8, 415 1 I 3, 83 5 1 I 9, 2 8 7 COMb1tP ITY SF.RVICES SUPERVtSOR Lh10EA hourly 4A.4584 $ 50. 8815 $ 3. 4254 $ 56. 0971 $ 58. 9014 tNFORNiATION TECFiNOLOGY ENGINEER I] LMCEA bi- weekly 3, 877 4, 071 4, 274 4, 488 4, 712 NUMAN RESOURCES MANAGLR EXE tPT monthly 8, 399 8, 819 9, 260 9, 723 10, 210 SENIORh1ANAGEMENTAhALYST Lti10EA annual 100, 793 105, 834 111, 125 I1C, 682 122, S15 SPECfAL DISTRICTS bfANAGF.R LMCEA
R PERMITANDPLANCHECKSUPF. RViSOR LMCEA hourly 426697 $ 52. 1535 $ 54J610 $ 57. 4991 $ 60. 3742 bi- weekly 3, 974 4, 172 4, 381 4, 600 4, 830
monthly 8, 609 9, 040 9, 492 9, 967 10, 465
ann al 103, 3 l3 108, 479 113, 903 I 19, 598 125, 578
t uriurvv[. n rsurFxvisoR rotcen hourly 50. 9116 $ 53. 4572 $ S6. I303 $ 58. 9366 $ 61. 8834 SENIOR PLANNER LMCEA bi- weekly 4, 073 4, 277 4, 490 4, 715 4,9J 1 monthty 8, 825 9, 2C6 9, 729 10, 216 10, 726
annual I05, 896 111, 191 116, 751 122, 58A 128, 717
7o ASSOCIATE ENGMEER SEIU hourly 52. 1846 $ 54. 7939 $ 57. 5333 $ 60.4101 $ 63. 4305 bi- weekly 4, 175 4, 384 4, 603 4, 833 5, 074
monthly 9, 045 9, 498 9, 972 10, 471 10, 995
annual I 08, 544 113, 971 119, 669 I 25, 653 I 31, 935
7l PARI S AND RECRFATION SUPERMTENDENT LMCEA hourly 53. 4893 $ 56. 1635 $ 58. 9717 $ 61. 9201 $ 65. 0162 MFORMATION TLCFtNOLOGY ENGINEER III LM1fCEA bi- weekiy 4, 279 4, 493 4, 718 4, 954 5, 201 monthly 9, 271 9, 735 10, 222 10, 733 11, 269
annual I 1 1, 258 116, 820 122, 661 128, 794 135, 234
7z hourly 54. 8264 $ 57. 5677 $ 60. 4462 $ G3. 4683 $ GC. 6417 POLiCe SeaceANr SwoRN bi- wcekly 4, 386 4, 605 4, 836 5, 077 5, 331 monthly 9, 503 9, 978 10, 477 11, 001 11, 551
annual I 14, 039 I I 9, 741 125, 728 132, 014 13A,( I 5
118
CITY OF LATIIROP
CRADE- STF. P TARLE Adopted Per Resolution No. 22-___.__,_ FOR XF,FL' KI;: VCE USF. O, f.]"
Eff. Il7/ 09/ 2022
73 . 4SSIST. 4NT CHIEF BU( LDfNG OFFICIAL LMCEA hourly 56. 1968 $ 59. 0067 $ 61. 9573 $ 65. 0550 $ G83077 bi- weekly 4, 496 4, 721 4, 957 5, 204 5, 465
monthly 9, 741 10, 228 10, 739 11, 276 11, 840
annual 116, 889 722, 734 128, 871 135, 314 142, 080
7J CITY CLERK EXEAiPT hourly 57. 6021 $ 60. 4820 $ 63. 5059 $ 66. 6813 $ 70. 01 53 SLNIOR CNIL ENGINEER LMCEA bi- veekl} 4, G08 4, 839 5, 080 5, 335 5, 601 PRINCIPALPLANNGR LMCEA monthly 9, 984 10, 484 11, 008 1I, 558 12, 136 FNANCE btANAGER LMCEA annual 119, 812 125, 803 132, 092 138, 697 145, 632 7 houriy 59. 0422 $ 61. 9941 $ 65. 0936 $ 683485 $ 71JC57 bi- weekly 4, 723 4, 960 5, 207 5, 468 5, 7d1
monthly 10, 23d 10, 746 11, 283 11, 847 12, 439
annual 122, 808 128, 948 13, 395 142, 165 149, 273
7! ACCOUNTING MANAGER LMCEA hourly 60S l80 $ 63. 5440 $ 66J21 O $ 70. 0571 $ 73. 5599 CONSTRUCTION StJPER[ NTENDENT LMCEA bi- w•eekly 4, 841 5, 0$ 4 5, 338 5, 605 5, 885 DEPUTY DIRECTOR OF PARKS, RGC& MAINT SERVICES LMCEA monthly 10, 490 1 l, Ol4 11, 565 12, 143 12, 750 PARKS PROJECT b1ANAGER LhfCEA annual 125, 877 132, 172 I 38, 780 145, 719 153, 005 PROJECTS MANAGER L iCEA
UTILITY' OPERATIONS SUPERINTF.NDF.NT LMCEA
77 ASSISTANTCITYATTORNEY EkF. MPT hourly 62. 0307 $ 65. 1325 $ 683890 $ 71. 8084 $ 7 3989 CHIFF BUILDING OFFICIAL EXEMPT bi- weekly 4, 962 5, 21 I 471 5, 745 6, 032 monthly 10, 752 11, 290 11, 854 12, 447 13, 0G9
annual 129, 024 135, 476 142, 249 149, 361 I 56, 830
7ft DEPtJTY FIN.4NCE DIRF. CTOR LMCEA hourly 3. 5819 $ 66. 7607 $ 70. 0988 $ 73. 6037 $ 77. 2$ 41 bi- weekly 087 5, 341 5, 608 5, 888 6, 183
monthly 11, 021 11, 572 12, 150 12, 758 73, 396
annual 132, 250 138, 8G2 1 d5, 806 I 53, 096 160, 751
2022 Compensation Mav Be Suhject to Ca1PERS Compensation Limits Be innin at Gra$e 79lStep 5 79 ECON0611CDEVELOPb1ENTADM1IINISTRATOR LM1fCF, A hourly 65. 1713 $ 68. 4296 $ 71. 8516 $ 75. 4439 $ .'] Q. 216] LANDDEVELOPMENTM1fANAGER LMCEA bi- weekly 5, 214 5, 474 5, 748 6, 036 6, 337 monthly 11, 29G 11, 86] 12, 454 13, 077 13, 731
annuai 135, 556 142, 333 149, 451 156, 923 164 770
RO ASSISTANTCOM1tM1fUNITYDEVELOPtifENTDIRECTOR LMCEA hourly 6(. 8004 $ 70. 1406 $ 73. G476 $ 77. 3299 $... . 81: 19f>4 CHIEF PLAIv? tiNG OFFICIAL Lh10EA bi- w-eekly 5, 344 5, 611 5, 892 6, 186 i,496 PRINCIPAI. EVGINEER LMCEA monthly 11, 579 2, 158 12, 766 13, 404 4, 074 annual 138, 945 145, 892 153,] 87 160, 846 168, 589
81 SENIORCONSTRUCTIONMANAGF. R Lb10EA hourly 68. 4708 $ 71. 8943 $ 75. 4893 $ . 39.Zf)3( $.' ':$ 3. 2266 CHIEF INFORMATfON OFFlCER EXHMPT bi- wEekly 5, 478 5, 752 6, 039 6, 4 i$8 monthly 11, 8C8 12, 462 13, 08 13, 739 14, 426
annuai 142, 419 149, 540 157, 018 164;868 173; 1ll
R2 ASSISTANTPLBLIC WORRSDIRECTOR LMCEA houdy 70. 1823 $ 73. 6918 $ 77. 3761 $ . $ 1. 2447 ;' g$. 3 7Q POLICECOMb1ANOER SWORN bi- veekly 5, 615 5, 895 6, 190 6, 500 b, 825 monthly 12, I65 12, 773 13, 412 14,082 34, 787
annual 14, 979 153, 279 1C0, 942 Y6$,989 177,439
x3 hourly 71. 9370 $ 7. 5337 $ 79.3105 $ 83. 2756 $ - 87. 4396 bi- vicekly 5, 755 043 fi,345 6, 662 6,995
month y
12, 469 13, 092 13, 741 14, 434 15, 156
anwal 149, 629 157, 110 164, 966 173, 213 181, 874
R hourty 73. 73 2 $ 77. 4222 $ 81: 2931 $ 85: 3576' $ $ 9. 6260 bi- weekly 5, 899 6, 194 6, 503 6, 829 7 170
monthly 12, 7R1 13, 420 14i091 14, 795 15, 535
annual 153, 369 161, 038 169, 090 177, 544' 7$ 6,422
RS DIRECTOR OF HUSfAN RESOURCES EXEMPT houdy 75. 5786 $. .'] 9. 3577 $ ; $ 3: 3256 $ . 87.491$ $ . 91.$ fi63:
DIRECTOR OF PARKS. RECRF.ATION& MAMT SERVICES EkEMPT bi- wcekly 6, 046 3 9 E>;666 6, 999 7; 349 DIRECTOROFGOVFRNMENTSERVICES/ CITYCLERK EXEMPT monthly 13, 100 I3 S$ 43 I$,]($. < j$,Q23 DIRECTOROFMFORMATIONSYSTEb1S EXEMPT annual 157, 203 6$, fi4 3, 1 1$ 1, 9 3 191,$ 2 ae c Tv vc xEea iuzz> ExFMPr ho iy 77. 4680 $ 81: 3416 $ $ 5. 4086 $ ' 89, 6790 $ 94:7G30 bi- veekly 6, 197 fi, 507 b, 833 7, 174 fi, 533
monthly 13, 428 14, 099 14, 804 15, 544 Ib, 322
annual 161, 133 164i191 179 6 0 186, 532 = 195; 859
s7 hourly 9. 4049 $" 83. 3752 $ $ 7. 5440 $ 91. 9210 $ 96.5172 DIRECTOROFFINANCE EXEMPT bi- weekly b,352 6, b70 7, 004 z7, 354 7, 721 monthly 13, 76d 14, 452 ISs174 15, 933 16, 730-
annual Ifi5, 162 173; 421 182, 092 III, 196 200, 756
8R DIRF. CTOROFCOMMUNITYDF,VELOPMENT EXEMPT hourly SI. 39OO $:' .$$. 45g4 $ ` $ 9.' 323 $ : J4.Z] 9O $ >$. 93OU DIRECTOROFPU6LICWORIiS EXEMPT bi- weekly 1 3' J 179 7,$ 3g Ild monthly 1d, 108 14, 813 15, 554 T6, 331 Ifi 148
annual 469,291 19T15C Y86, 643 195, 975` 205,774'
g'> hourly 83. 4248 $ 87; 59G0 $ 91. 9760 $ 96.5948 $ ` i01:d033 bi- weekly G, 674 7 008 7s358 7,126 8, 112
monthly 1A, 460 15; 183 15, 9h3 6,? 40 17, 577'
annual 1' I3, 524 182, 20U 191, 310 200,876 210, 919
119
CPI' Y OF LATIiROP
GR4DE- STrP TAI3LE: Adopted Per Resolution No. 22- __
ri c R xr:r: Re,vcr: c sr; o;vi r
Fff ovo9nozz
o hourly 85: 5106 $ ' 89.7858 $ 943752 $ 98.9890 $ 1d3. 9385 bi- weekly 6, 841 7; 183 542 7, 919 8; 315
monthly 14, 822 15, 563 16; 341 17, 158 18,016
annual 137, 862 186, 755 196, 092 205, 897 216, 192
aSSIs7. NTC TVM11AtiAGfR EXEh1PT hourly 87.6482 $ ` 92. 0303 $ 96:632Z $ 101. 4640 ^ 106. 5311 bi- weekly 7, 012 7, 362 7, 731 8, 117 8, 523
monthly 15, 192 15, 952 16, 750 17, 587 18, 466
annual 182, 308 191, 423 200995 211, 045 221, 597
z houdy 89. 8456 $'' 94: 3384 $ 99. 0496 $ 1040000` $ 109. 2000 bi- veekly 7, 188 7; 547 7,924 8, 320 8, 36
monthly 15, 573 15, 352 17, 169 18, 027 18, 928
annual 786, 879 196, 224 206,023 2t6,320 227, 136
3 huurly 92. 0920 $' 9fi.688$ $ 101: 5248 $ ' 106:6000 $ 1 t 1. 9352 6i- weekly 7, 367 735 8, 122 8, 528 8, 955
monthly 15t963 16; 759 17, 598 18, 477 19;402
annual 191551 201I13 21I, 172 221, 728' 232; 825
eot. icc cFtieF exemtrT hourly 94.3904 $' 99: 1120 $ 104. Ofi24 $ 109. 2728 $ 114. 9328 bi- weekly 7, 551 7, 929 325 8,742 9, 179
monthiy 16, 361 17, 179 18, 037 18, 941 19, 887
annual 196, 332 206, 153 216, 450 227, 288 238, 644
houdy 96:7408 $ I01. 5968 $ 106: fi624 $ 111: 9872 $ II7:5928 bi- weekly 7, 739 8, 126 533 8,959 9,407
monthly 16, 768 17y607 18 488 19,411 20, 383
annual 1201, 221 211, 280 221,$ 58 232, 933 244,593
x, houdy 99, 1640 $ 104 1248 $ 109:3248 $ 114. 7952 $ r- 120. 5360 bi- weekly 9,933 8, 330 8, 46 4, 1$ 4 9,643
monthly 17, 188 18, 048 18,950 19,898 20, 893
annual 206, 261 216, 580 22739b 238, 774 250, 715
CONTRACT
CITY ATTORVEY EXF,MPT annual 236, Q4
CITYb1ANAGER EXEMPT ann al 2$ 1, 29}'
Clinit CS
Addcd:
Adjustments:
Dciclions:
120
ITEM 4. 5
CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF PROFESSIONAL CONSULTING
SERVICES AGREEMENT WITH EKI ENVIRONMENT &
WATER, INC. FOR INTEGRATED WATER RESOURCES
MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP
WW 22- 24 AND RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Professional Consulting Services Agreement with EKI Environment & Water,
Inc. for Integrated Water Resources Master Plan
Amendment, CIP PW 22- 19 ( Water) and CIP WW 22-
24 ( Wastewater and Recycled Water) and Related
Budget Amendment
SUMMARY:
The Public Works Department is responsible for management and maintenance of City water, sewer, and recycled water facilities. A key tool in accomplishing this task is master plan documents collectively referred to as the City' s Integrated Water Resources Master Plan ( IWRMP). The IWRMP examines the existing utility systems and provides recommendations to ensure the City has adequate facilities to support future growth, support operations, budgeting, utility rate studies and Capital Improvement Project ( CIP) programming.
An update is needed to the City' s current IWRMP to account for recent development, proposed land use changes and new regulatory requirements. City has applied for and awarded a Regional Early Action Planning ( REAP) grant in the amount of $ 55, 980 from the San Joaquin Council of Governments ( SJCOG) for the City' s Integrated Water Resources Master Plan.
Staff is requesting that Council approve an agreement with EKI Environment & Water, Inc. ( EKI) to prepare a comprehensive IWRMP Amendment in the amount of 421, 900. Should Council approve the agreement with EKI, staff will return at a later date to review the IWRMP with Council prior to finalizing.
Sufficient funds have been allocated in the adopted FY 2021/ 22 Budget for CIP PW 22- 19; however, staff is requesting Council approve a budget amendment to transfer 55, 980 from the State Grants Fund ( 2160) to CIP WW 22- 24.
BACKGROUND:
The IWRMP is used to forecast and update water and sewer demand projections, address changes in regulatory requirements, population and growth projections, proposed land use, climate change and other factors.
121
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND WW 22- 24
The IWRMP is necessary for implementation of the City' s General Plan and to support utility operations, budget, rate studies, and is used as the basis for CIP programming, developing land use planning and development fees.
In 2016, EKI and De Novo assisted the City to update the IWRMP and prepare the associated project Environmental Impact Report which were approved and adopted by Council in December 2019.
REASON FOR RECOMMENDATION:
Approval of an agreement with EKI is recommended to provide a comprehensive amendment to the City' s water, sewer, and recycled water master plan documents in order to support growth in the City while maintaining safe, reliable utility services for existing users.
FISCAL IMPACT:
The cost of the agreement with EKI to provide the IWRMP Amendment is $ 421, 900.
The cost to update each component of the IWRMP is as follows:
Master Plan Update Com onent Cost
Water S stem Master Plan Amendment PW 22- 19 148, 000
Recycled Water System Master Plan Amendment WW 22- 24) $ 90, 500 Wastewater S stem Master Plan Amendment WW 22- 24 183, 400 Sufficient funds have been allocated in the adopted FY 2021/ 22 Budget for CIP PW 22- 19 IWRMP Update ( Water); however, funds approved for CIP WW 22- 24 IWRMP Update ( Wastewater and Recycled Water) are insufficient to approve the agreement with EKI to prepare the IWRMP Amendment. City has applied for and awarded an REAP grant for $ 55, 980 from S) COG for the City' s Integrated Water Resources Master Plan. Therefore, staff requests Council approve the following budget amendment:
Increase Revenue
2160- 80- 00- 331- 05- 00 55, 980
Increase Transfer Out
2160- 99- 00- 990- 9010 55, 980
Increase Transfer In
6090- 99- 00- 393- 00- 00 CIP WW 22- 24 $ 55, 980
Increase Appropriation CIP WW 22- 24 $ 55, 980
6090- 80- 00- 420- 83- 00
122
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND WW 22- 24
Staff is working with each developer to ensure that they fund their proportionate share of the IWRMP. Any additional funds received from development will be placed in the appropriate CIP and will be accounted for at the end of the fiscal year.
ATTACH M ENTS:
A. Resolution Approving Professional Consulting Services Agreement with EKI Environment & Water, Inc. for Integrated Water Resources Master Plan Amendment, CIP PW 22- 19 ( Water) and CIP WW 22- 24 ( Wastewater and Recycled Water) and Related Budget Amendment
B. Professional Consulting Services Agreement with EKI Environment & Water, Inc., for Integrated Water Resources Master Plan Amendment, CIP PW 22- 19 Water) and CIP WW 22- 24 ( Wastewater and Recycled Water) 123
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND WW 22- 24
APPROVALS:
5- d 31''--
Greg ibson Date
Sen' r Civil Engineer
Y • Zo2z
Michael King Date
Puf lic Works Director
a ylyiCari Jam s Date
Finance ir ctor
l. /- Z O Z L
Salvador Navarrete Date
City Attorney
Ste Salvatore Date
City Manager
124
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH EKI ENVIRONMENT & WATER, INC. FOR INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 ( WATER) AND CIP WW 22- 24
WASTEWATER AND RECYCLED WATER) AND RELATED BUDGET
AMENDMENT
WHEREAS, the City' s water, sewer and recycled water master plan documents, collectively referred to as the City' s Integrated Water Resources Master Plan ( IWRMP) is used to forecast and update water and sewer demand projections, address changes in regulatory requirements, population and growth projections, proposed land use, climate change and other factors; and WHEREAS, the IWRMP is used to support updates to regulatory compliance documents, and is needed for implementation of the City' s General Plan, to support utility operations, budget, rate studies, and used as the basis for CIP programming, developing land use planning and development fees; and
WHEREAS, in 2016, EKI Environment & Water, Inc. ( EKI) and De Novo Planning Group ( De Novo) assisted the City to update the IWRMP and prepare the associated project Environmental Impact Report which were approved and adopted by Council in December, 2019; and
WHEREAS, since adoption of IWRMP, significant changes in projected water demands and supplies, proposed land development and other factors have necessitated a comprehensive amendment to the IWRMP; and WHEREAS, approval of an agreement with EKI is recommended to provide a comprehensive amendment to the City' s water, sewer, and recycled water master plan documents in order to support growth in the City while maintaining safe, reliable utility services for existing users; and
WHEREAS, the cost of the agreement with EKI to provide the IWRMP Amendment is $ 421, 900; and
WHEREAS, the cost to update each component of the IWRMP is as follows:
Master Plan U date Com onent Cost
Water S stem Master Plan Amendment PW 22- 19 148, 000
Rec cled Water S stem Master Plan Amendment WW 22- 24 $ 90, 500 Wastewater S stem Master Plan Amendment ( WW 22- 24) 183, 400 WHEREAS, the City has applied for and awarded a Regional Early Action Planning ( REAP) grant in the amount of $ 55, 980 from the San Joaquin Council of Governments ( SJCOG) that will also be used to pay for the IWRMP Amendment; and
125
WHEREAS, sufficient funds have been allocated in the adopted FY 2021/ 22 Budget for CIP PW 22- 19 IWRMP Update ( Water); however, funds approved for CIP WW 22 24 IWRMP Update ( Wastewater and Recycled Water) are insufficient to approve the agreement with EKI to prepare the IWRMP Amendment; and WHEREAS, staff is requesting Council approve a budget amendment to transfer $ 55, 980 from the State Grants Fund ( 2160) to CIP WW 22- 24 as follows:
Increase Revenue
2160- 80- 00- 331- 05- 00 55, 980
Increase Transfer Out
2160- 99- 00- 990- 9010 55, 980
Increase Transfer In
6090- 99- 00- 393- 00- 00 CIP WW 22- 24 $ 55, 980
Increase Appropriation CIP WW 22- 24 55, 980
6090- 80- 00- 420- 83- 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves an agreement with EKI Environment and Water, Inc. ( EKI) to provide a comprehensive amendment to the City' s Integrated Water Resources Master Plan documents for a cost not to exceed $ 421, 900 to be paid from CIP PW 22- 19 IWRMP Update ( Water) in the amount of $ 148, 000 for the Water System Master Plan Amendment and CIP WW 22- 24 IWRMP Update ( Wastewater and Recycled Water) for the Wastewater System Master Plan Amendment and the Recycled Water System Master Plan Amendment in the amount of $ 273, 900; and BE IT RESOLVED, that Council also approve a budget amendment to transfer $ 55, 980 from the State Grants Fund ( 2160) to CIP WW 22- 24 as detailed above.
126
The foregoing resolution was passed and adopted this 11th day of April 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 127
ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH EKI ENVIRONMENT & WATER, INC.
TO PROVIDE THE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 ( WATER) AND CIP WW 22-24 ( WASTEWATER AND RECYCLED WATER) THIS AGREEMENT, dated for convenience this 11th day of April 2022, is by and between EKI Environment& Water, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Professional Consulting Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A", Exhibit " B", and Exhibit " C" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 421, 900. 00, for the Professional Consulting Services set forth in Exhibit " A", Exhibit " B", and Exhibit " C".
CONSULTANT shall be paid any uncontested sum due and payable within thirty( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit" A", Exhibit" B", and Exhibit" C" unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
Page
128
1 of 11
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 3) Effective Date and Term
The effective date of this Agreement is April 11, 2022, and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status
It is expressiy understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit" A" to City' s reasonable satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed amendment. 6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services. 7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after final payment under this agreement.
Page
1292 of 11
CITY OF LATHROP- EKI ENVIRONMENT & WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Jonathan Sutter, P. E. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s project staff prior to any change. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.
Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY'S authorized representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than $ 1, 000, 000 ( one million dollars). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY, and provide a waiver of subrogation endorsement in favor of the CITY, its officers, agents, employees and volunteers, for loss arising from work performed under this Agreement.
CITY OF LATHROP- EKI ENVIRONMENT & WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22-24 b) Commercial General and Automobile Liabilitv Insurance. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than $ 1, 000,000 ( one million dollars) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
If Commercial General Liabitity Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles, and blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 00 01 ( ed. 04/ 13) ( or equivalent) and Insurance Services Office Business Auto Coverage form CA 00 01 ( ed. 03/ 06) ( or equivalent) for owned, non-owned, and hired autos.
Coverage shall contain a waiver of subrogation in favor of the CITY.
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage, and be endorsed using Insurance Services Office form CG 20 10 ( or equivalent). iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance shall be placed with California- admitted insurers with a Best rating of no less than A: VII.
131
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 vi) Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be cancelled except after thirty( 30) days' prior written notice has been given to the City except that ten ( 10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ($ 1, 000, 000) one million dollars per claim made and per policy aggregate covering the licensed professionals' negligent errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, 000 per claim.
ii) Notice of cancellation, must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of three years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the coverage.
4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers.
132
CITY OF LATHROP— EKI ENVIRONMENT& WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT'S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers or any third parties for whom CONSULTANT is not legally liable. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2782. 8 of the California Civil Code.
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 Notwithstanding anything to the contrary in this Agreement, the CONSULTANT shall have no duty to hire counsel to defend the CITY, but at the time of any settlement or adjudication of a matter the CONSULTANT shall pay as damages to CITY all reasonable attorney's fees and costs incurred by CITY to the extent caused by the willful misconduct or negligent acts or omissions ot CONSULTANT, its employees, subcontractors, or agents. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services and payment of all amounts owed to CONSULTANT under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days. 15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.