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CC SR 20230919 J - AFSCME MOU CITY COUNCIL MEETING DATE: 09/19/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to accept, approve and adopt the Memorandum of Understanding (MOU) between the City and the American Federation of State, County and Municipal Employees District Council 36 (AFSCME DC36) part-time employees association and approve salary range changes for part-time employees. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2023-_____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, ACCEPTING, APPROVING, AND ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025. (2) Adopt Resolution No. 2023-_____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2023-31 TO REFLECT NEW SALARY RANGES FOR ALL PART-TIME EMPLOYEES IN CITY SERVICE, EFFECTIVE SEPTEMBER 23, 2023. FISCAL IMPACT: If accepted, the new MOU with AFSCME DC36 will result in an additional appropriation of approximately $240,800 in FY 2023 -24. This amount is the estimated value from October 2023 through June 2024. The annual fiscal impact of the MOU is approximately $321,000. VR Amount Budgeted: $1,357,000 Additional Appropriation: $ 240,800 Account Number(s): Various Accounts (General Fund – various Part-Time Salaries & Benefits) ORIGINATED BY: Colin Tanner, Deputy City Attorney for Labor and Employment Eileen Jacinto, Human Resources Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager 1 ATTACHED SUPPORTING DOCUMENTS: A. Draft Resolution No. 2023-__, accepting, approving and adopting the AFSCME DC36 MOU 2023-25 (page A-1) B. Draft Resolution No. 2023-__, amending, restating and superseding Resolution 2023-31 the City’s Salary and Hourly Compensation Schedule for Part-Time Employees in City Service (page B-1) C. Resolution No. 2023-31 (page C-1) D. AFSCME DC36 MOU 2023-25 (page D-1) BACKGROUND: On April 28, 2022, a recognition petition was filed by AFSCME DC 36 with the City Manager to form a new labor unit for part-time employees (excluding temporary and internship positions) to be formally represented by AFSCME DC 36. On August 4, 2022, the City officially recognized AFSCME DC36 as the recognized employee organization for the part-time employees (excluding temporary and internship positions), thus making it the second recognized employee organization at the City. The Rancho Palos Verdes Employees Association (RPVEA) represents full-time staff only and is not associated with AFSCME DC36. The City has concluded negotiations with AFSCME DC36 to establish benefits and compensation for those employees in the bargaining unit. Tonight, the City Council is being asked to consider adopting resolutions approving the MOU with AFSCME DC36 and, accordingly, updating the City’s Salary and Hourly Compensation Schedule. DISCUSSION: MOU with AFSME D36 Pursuant to the Meyers-Millais-Brown Act (MMBA)(Government Code sections 35003511) and the City’s Employer-Employee Relations Resolution No. 2018-23, the City and AFSCME DC36 labor representatives met and conferred in good faith starting on June 23, 2022 regarding the creation of the first MOU between the City and AFSCME DC36. The parties’ labor representatives successfully negotiated a mutually agreed upon MOU covering the period of July 1, 2023 through June 30, 2025, which was reportedly ratified by the AFSCME DC36 membership on August 16, 2023 by a vote of 40-0 and which has been signed by the labor representatives from each side (Attachment B). The highlights of AFSCME DC36 MOU 2023-25 include the following: • Two-year term (July 1, 2023 – June 30, 2025). • Annual base salary cost-of-living adjustment (COLA) on the first full pay period of July of each year with a minimum of 0% and a maximum of 3% as measured by the Consumer Price Index for All Urban Consumers (CPI -U) reported by the U.S. Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim 2 metropolitan area covering the prior 12-month period of March to March each year. • A one-time non-PERSable signing bonus of $300 for employees still on payroll as of July 1, 2022 and still employed by the City at the time of City Council adoption of AFSCME DC36 MOU 2023-25. • A one-time non-PERSable signing bonus of $100 for employees hired after July 1, 2022 and before July 1, 2023, and who are still employed by the City at the time of City Council adoption of AFSCME DC36 MOU 2023-25. • Performance evaluation eligibility for salary merit advancement based upon meritorious performance as follows: o Meets Expectations (Satisfactory): 1% - 2.0% o Exceeds Expectations (Good): 2.5% - 5% • Benefits as follows: o Employee Assistance Program (EAP) at no cost to employees and employee families. o Life insurance policy with a benefit of up to twice the employee’s annual salary. o Accidental death and dismemberment (AD&D) insurance policy. o Tuition reimbursement, not to exceed $500 per fiscal year o Paid bereavement leave (in accordance with state law) o Paid jury duty leave Salary and Hourly Compensation Schedule for City Employees The California Public Employees’ Retirement System (CalPERS) requires the City Council to regularly adopt a master salary schedule listing pay rates/ranges for all City of Rancho Palos Verdes established positions, including the City Manager position. The City’s most recent master salary schedule was adopted by Resolution No. 2023-31 on June 20, 2023 (Attachment C) to provide a 3% base wage COLA increase. The updated schedule resulted in changes to the wages of all City employees, except the City Manager, effective first full pay period of July 2023. To go with the MOU with AFSCME DC36 before the City Council this evening, the attached resolution (Attachment B) amends, restates, and supersedes the City’s Salary and Hourly Compensation Schedule for Employees in City Service to reflect the new salary ranges for part-time classifications based on adoption of the AFSCME DC36 MOU. Additionally, the Salary and Hourly Compensation Schedule is being updated to reflect state’s minimum wage increase to $16 per hour effective January 1, 2024. The City Council is being asked to consider increasing the hourly rate for Administration/Public Works/Cable Intern from $15.97 per hour to $16 per hour as part of this resolution , effective September 23, 2023. Administrative/Public Works/Cable Intern is the only classification identified as having pay steps that fall below the new minimum wage requirement warranting an increase. There are currently two employees in this classification. 3 CONCLUSION: Staff recommends the City Council adopt the attached resolution (Attachment A) which accepts, approves, and adopts AFSCME DC36 MOU 2023-25 and adopt the attached resolution (Attachment B) which amends, restates and supersedes the City’s Salary and Hourly Compensation Schedule for all employees in City Service to reflect new salaries for part-time employees based on adoption of the AFSCME DC36 MOU. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not adopt the resolution and renegotiate the terms of the MOU. 2. Do not adopt the resolution amending the City’s Salary and Hourly Compensation Schedule. 3. Take other action, as deemed appropriate. 4 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ACCEPTING, APPROVING, AND ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025. WHEREAS, the City of Rancho Palos Verdes (City) recognizes the American Federation of State, County and Municipal Employees District Council 36 (AFSCME DC36) as the exclusive employee organization for those City employees in the bargaining unit defined as part-time (excluding temporary and internship positions) in the classifications listed in Exhibit A to the Memorandum of Understanding between the City and AFSCME DC36 covering the period of June 1, 2023 through June 30, 2025 (AFSCME DC36 MOU 2023-25); and WHEREAS, The City and AFSCME DC36 have successfully met and conferred to negotiate an initial memorandum of understanding between the parties pursuant to the Meyers-Millias-Brown Act (MMBA) (Government Code sections 3500 -3511) and the City’s Employer-Employee Relations Resolution No. 2018-23; and WHEREAS, the City’s labor representatives and AFSCME DC36 representatives prepared the attached AFSCME DC 36 MOU 2023-25, which was ratified on August 16, 2023 by the AFSCME DC36 membership, and then executed by the respective labor representatives; and WHEREAS, the attached AFSCME DC 36 MOU 2023-25 is not effective or valid until approved by the City Council, whereupon the AFSCME DC36 MOU 2023-25 shall become a binding agreement between the parties, each in their own right; and WHEREAS, the City Council desires to approve the AFSCME DC36 MOU 2023-25; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The recitals set forth above are true and correct and incorporated herein by this reference. Section 2: The City Council accepts, approves, and adopts the executed AFSCME DC36 MOU 2023-25 for the period of June 1, 2023 through June 30, 2025, a copy of which is fully executed by the parties and attached hereto as Exhibit A. A-1 Resolution No. 2023-__ Page 2 of 2 Section 3: The City Clerk shall certify the adoption of this resolution and deem it effective as of September 19, 2023; the same shall be in force and effect. PASSED, APPROVED and ADOPTED this 19th day of September 2023. _______________________________ Barbara Ferraro, Mayor ATTEST: _____________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 19, 2023. ___________________________________ Teresa Takaoka, City Clerk A-2 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2023- 31 THAT SETS THE COMPENSATION SCHEDULE FOR ALL CITY EMPLOYEES EXCEPT THE CITY MANAGER TO REFLECT NEW COMPENSATION RANGES FOR ALL PART- TIME EMPLOYEES IN CITY SERVICE WHEREAS, on December 6, 2022, the City Council adopted Resolution 2022-67 that set the Hourly Compensation Schedule for part-time employees based on a state mandated minimum wage increase effective January 1, 2023; and WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-31 which provides for a three (3%) percent base wage cost-of-living adjustment (COLA) effective on the first full pay period of July 2023 for City employees represented by the Rancho Palos Verdes Employees’ Association (RPVEA); and WHEREAS, the City Council desires to amend the City’s Compensation Schedule for Fiscal Year 2023-24 to reflect the new hourly compensation ranges for part-time classifications based on adoption of the American Federation of State, County and Municipal Employees, District Council 36 Memorandum of Understanding; and WHEREAS, the City Council also desires to reflect the new hourly compensation ranges for part-time classifications based on a state mandated minimum hourly wage increase effective January 1, 2024; and WHEREAS, Section 36506 of the California Government Code requires that the City Council fix compensation of all appointive officers and employees by resolution or ordinance; and WHEREAS, Rule V of the Personnel Rules of the City provide that in order to amend the City’ Compensation Schedule that any change must be made via City Council resolution; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The recitals set forth above are true and correct and incorporated herein by this reference. Section 2: The compensation and hourly ranges for City job classifications as set forth in Exhibit A which are attached hereto and incorporated herein by this reference, are adopted and are effective as of September 23, 2023. B-1 Section 3: Resolution No. 2023-31 is hereby amended, restated, superseded and replaced by this resolution to reflect the updated and new compensation ranges for all employees in City Service (except the City Manager’s remains the same). Section 4: This resolution shall be adopted on September 19, 2023 and the City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 19th day of September 2023. _______________________________ Barbara Ferraro, Mayor ATTEST: _____________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 19, 2023. ___________________________________ Teresa Takaoka, City Clerk B-2 Resolution No. 2023-__ Exhibit A City-Wide Salary and Hourly Compensation Schedule for the Competitive, Confidential, Management and Part-Time Positions (Effective September 23, 2023) COMPETITIVE POSITIONS BOTTOM TO TOP BOTTOM TO TOP Account Clerk 56,194 --72,957 4,683 --6,080 27.02 --35.08 Accountant 82,174 --106,728 6,848 --8,894 39.51 --51.31 Accounting Manager 106,614 --138,467 8,885 --11,539 51.26 --66.57 Accounting Technician 63,607 --82,634 5,301 --6,886 30.58 --39.73 Administrative Analyst I 72,723 --94,443 6,060 --7,870 34.96 --45.41 Administrative Analyst II 72,727 --109,254 6,061 --9,105 34.96 --52.53 Administrative Analyst II (Records Management)72,727 --109,254 6,061 --9,105 34.96 --52.53 Administrative Staff Assistant 62,801 --81,550 5,233 --6,796 30.19 --39.21 Assistant Engineer 91,278 --118,538 7,607 --9,878 43.88 --56.99 Assistant Planner 76,516 --99,381 6,376 --8,282 36.79 --47.78 Associate Engineer 101,430 --131,708 8,453 --10,976 48.76 --63.32 Associate Planner 86,947 --112,927 7,246 --9,411 41.80 --54.29 Building Inspector I 73,791 --95,803 6,149 --7,984 35.48 --46.06 Building Inspector II 82,632 --107,318 6,886 --8,943 39.73 --51.60 Cable TV Station Manager 86,947 --112,927 7,246 --9,411 41.80 --54.29 Code Enforcement Officer 73,302 --95,198 6,109 --7,933 35.24 --45.77 Deputy City Clerk 74,187 --96,381 6,182 --8,032 35.67 --46.34 Engineering Technician 69,579 --90,358 5,798 --7,530 33.45 --43.44 Geographic Information Systems Coordinator 91,261 --118,543 7,605 --9,879 43.88 --56.99 Lead Worker 64,445 --83,706 5,370 --6,976 30.98 --40.24 Maintenance Superintendent 106,270 --138,015 8,856 --11,501 51.09 --66.35 Maintenance Supervisor 81,579 --103,362 6,798 --8,614 39.22 --49.69 Maintenance Worker I/II 56,006 --72,807 4,667 --6,067 26.93 --35.00 Open Space & Trails Manager 97,378 --126,476 8,115 --10,540 46.82 --60.81 Park Ranger 48,106 --62,485 4,009 --5,207 23.13 --30.04 Permit Clerk 55,128 --71,595 4,594 --5,966 26.50 --34.42 Permit Technician 62,918 --81,681 5,243 --6,807 30.25 --39.27 Planning Technician 65,488 --85,016 5,457 --7,085 31.48 --40.87 Principal Planner 109,073 --141,647 9,089 --11,804 52.44 --68.10 Project Manager 101,430 --131,708 8,453 --10,976 48.76 --63.32 Recreation Program Supervisor I 62,801 --81,550 5,233 --6,796 30.19 --39.21 Recreation Program Supervisor II 79,590 --103,362 6,633 --8,614 38.26 --49.69 Recreation Services Manager 93,255 --121,071 7,771 --10,089 44.83 --58.21 Senior Account Technician 71,241 --92,548 5,937 --7,712 34.25 --44.49 Senior Accountant 89,679 --117,407 7,473 --9,784 43.11 --56.45 Senior Administrative Analyst 94,213 --122,382 7,851 --10,199 45.29 --58.84 Senior Code Enforcement Officer 82,091 --106,614 6,841 --8,885 39.47 --51.26 Senior Engineer 113,601 --147,521 9,467 --12,293 54.62 --70.92 Senior Information Technician 97,445 --126,524 8,120 --10,544 46.85 --60.83 Senior Park Ranger 54,685 --71,021 4,557 --5,918 26.29 --34.14 Senior Planner 100,037 --129,928 8,336 --10,827 48.09 --62.47 Staff Assistant I 48,106 --62,496 4,009 --5,208 23.13 --30.05 Staff Assistant II 54,685 --71,021 4,557 --5,918 26.29 --34.14 Traffic Engineering Technician 69,579 --90,358 5,798 --7,530 33.45 --43.44 CONFIDENTIAL POSITIONS Accounting Supervisor 103,946 --135,022 8,662 --11,252 49.97 --64.91 Executive Assistant 74,105 --96,264 6,175 --8,022 35.63 --46.28 Human Resources Analyst 72,719 --109,259 6,060 --9,105 34.96 --52.53 MANAGEMENT POSITIONS Assistant to the City Manager 105,524 --137,029 8,794 --11,419 Building Official 105,179 --178,093 8,765 --14,841 City Clerk 105,179 --178,093 8,765 --14,841 City Manager *226,000 226,000 18,833 --18,833 Deputy City Manager 127,966 --217,414 10,664 --18,118 Deputy Director of Community Development 112,337 --190,208 9,361 --15,851 Deputy Director of Finance 112,337 --190,208 9,361 --15,851 Deputy Director of Public Works 112,337 --190,208 9,361 --15,851 Deputy Director of Recreation & Parks 112,337 --190,208 9,361 --15,851 Director of Community Development 127,966 --217,414 10,664 --18,118 Director of Finance 127,966 --217,414 10,664 --18,118 Director of Parks & Recreation 127,966 --217,414 10,664 --18,118 Director of Public Works 127,966 --217,414 10,664 --18,118 Human Resources Manager 112,337 --190,208 9,361 --15,851 Information Technology Manager 105,179 --178,093 8,765 --14,841 Principal Civil Engineer 105,179 --178,093 8,765 --14,841 OFFICIAL For illustration purposes Annual Salary Monthly Salary Hourly Salary BOTTOM TO TOP Resolution No. 2023-__ Page 1 of 2 B-3 Resolution No. 2023-__ Exhibit A City-Wide Salary and Hourly Compensation Schedule for the Competitive, Confidential, Management and Part-Time Positions (Effective September 23, 2023) PART-TIME POSITIONS Administrative/Public Works/Cable Intern 16.00 --34.78 Code Enforcement Officer 35.24 --45.77 Park Ranger 22.45 --29.17 Permit Clerk 25.73 --33.42 Recreation Leader 19.00 --24.70 Recreation Leader II 21.85 --28.41 Recreation Specialist 25.13 --32.67 Staff Assistant I 23.13 --30.05 Staff Assistant II 26.29 --34.14 Television Producer 28.75 --37.38 Television Producer (On-Camera)33.00 --42.91 Monthly AUTO ALLOWANCE Amount City Manager 700 Deputy City Manager 150 Director of Community Development 150 Director of Finance 150 Director of Public Works 150 Director of Recreation & Parks 150 * City Manager salary set by contract agreement adopted by the City Council. (contract amended February 21, 2023) OFFICIAL Hourly Rates BOTTOM TO TOP Resolution No. 2023-__ Page 2 of 2 B-4 RESOLUTION NO. 2023-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2022- 67 THAT CONFIRMS AND ADOPTS THE CITY WIDE SALARY AND HOURLY COMPENSATION SCHEDULE FOR ALL CITY EMPLOYEES (FULL TIME AND PART TIME), EXCEPT THE CITY MANAGER, EFFECTIVE JULY 1, 2023 WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 2022-42 which provides for a three (3%) percent base wage cost-of-living adjustment (COLA) effective on the first full pay period of July 2022 for City employees represented by the Rancho Palos Verdes Employees' Association (RPVEA); and WHEREAS, on December 6, 2022, the City Council adopted Resolution 2022-67 that set the Salary and Hourly Compensation Schedule for part-time employees based on a state mandated minimum wage increase effective January 1, 2023; and WHEREAS, the City Council desires to amend the City's Salary Schedule for Fiscal 7 Year 2023-24 to reflect the three (3%) base wage COLA to be provided to RPVEA represented employees, including that the individual employee's salaries shall also increase correspondingly within their salary ranges to reflect the COLA; and WHEREAS, the City Council also desires to provide the same the three (3%) base wage COLA for Fiscal Year 2023-24 to confidential and management, and part-time employee pay ranges, except the City Manager, including that the individual employee's salaries shall also increase correspondingly within their salary ranges to reflect the COLA; and WHEREAS, Section 36506 of the California Government Code requires that the City Council fix compensation of all appointive officers and employees by resolution or ordinance; and WHEREAS, Rule V of the Personnel Rules of the City provide that in order to amend the City' Salary Schedule that change must be made via Resolution; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The recitals set forth above are true and correct and incorporated herein by this reference. Section 2: The salary and hourly ranges for City job classifications as set forth in Exhibit A which are attached hereto and incorporated herein by this reference, are adopted and are effective as of July 1, 2023. C-1 Section 3: Resolution No. 2022-67 is hereby amended, restated, and superseded and replaced by this resolution to reflect new salary ranges for all employees in City Service except the City Manager's remains the same). Section 4: This resolution shall be adopted on June 20, 2023 and the City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 20th day of June 2023. 1 Barbara Ferraro, Mayor ATTEST: er sa Takaoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023-31 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 20, 2023. ere-.a Takaoka, City Clerk 111 Resolution No. 2023-31 Page 2 of 2 C-2 Resolution No.2023-31 Exhibit A Salary and Hourly Schedule for the Competitive,Confidential,Management and Part-time Positions Effective July 1,2023) OFFICIAL For illustration purposes Annual Salary Monthly Salary Hourly Salary COMPETITIVE POSITIONS BOTTOM TO TOP BOTTOM TO TOP BOTTOM TO TOP Account Clerk 56,194 -- 72,957 4,683 -- 6,080,27 02 -- 35 08 Accountant 82,174 -- 106,728 6,848 -- 8,894 39 51 -- 51 31 Accounting Manager 106,614 -- 138,467 8,885 -- 11,539 51 26 -- 66 57 Accounting Technician 63,607 -- 82,634 5,301 -- 6,886 30 58 -- 39 73 Administrative Analyst I 72,723 -- 94,443 6,060 -- 7,870 34 96 -- 45 41 Administrative Analyst II 72,727 -- 109,254 6,061 -- 9,105 34 96 -- 52 53 Administrative Analyst II(Records Management) 72,727 -- 109,254 6,061 -- 9,105 34 96 -- 52 53 Administrative Staff Assistant 62,801 -- 81,550 5,233 -- 6,796 30 19 -- 39 21 Assistant Engineer 91,278 -- 118,538 7,607 -- 9,878 43 88 -- 56 99 Assistant Planner 76,516 -- 99,381 6,376 -- 8,282 36 79 -- 47 78 Associate Engineer 101,430 -- 131,708 8,453 -- 10,976 48 76 -- 63 32 Associate Planner 86,947 -- 112,927 7,246 -- 9,411 41 80 -- 54 29 Building Inspector I 73,791 -- 95,803 6,149 -- 7,984 35 48' -- 46 06 Building Inspector II 82,632 -- 107,318 6,886 -- 8,943 39 73 -- 51 60 Cable TV Station Manager 86,947 -- 112,927 7,246 -- 9,411 41 80 -- 54 29 Code Enforcement Officer 73,302 -- 95,198 6,109 -- 7,933 35 24 -- 45 77 Deputy City Clerk 74,187 -- 96,381 6,182 -- 8,032 35 67 -- 46 34 Engineering Technician 69,579 -- 90,358 5,798 -- 7,530 33 45 -- 43 44 Geographic Information Systems Coordinator 91,261 -- 118,543 7,605 -- 9,879 43 88 -- 56 99 Lead Worker 64,445 -- 83,706 5,370 -- 6,976 30 98 -- 40 24 Maintenance Superintendent 106,270 -- 138,015 8,856 -- 11,501 51 09 -- 66 35, Maintenance Supervisor 81,579 -- 103,362 6,798 -- 8,614 39 22 -- 49 69 Maintenance Worker I/Il 56,006 -- 72,807 4,667 -- 6,067 26 93 -- 35 00 Open Space&Trails Manager 97,378 -- 126,476 8,115 -- 10,540 46 82 -- 60 81 Park Ranger 48,106 -- 62,485 4,009 -- 5,207 23 13 -- 30 04 Permit Clerk 55,128 -- 71,595 4,594 -- 5,966 26 50 -- 34 42 Permit Technician 62,918 -- 81,681 5,243, -- 6,807 30 25 -- 39 27 Planning Technician 65,488 -- 85,016 5,457 -- 7,085 31 48 -- 40 87 Principal Planner 109,073 -- 141,647 9,089 -- 11,804 52 44 -- 68 10 Project Manager 101,430 -- 131,708 8,453 -- 10,976 48 76 -- 63 32 Recreation Program Supervisor I 62,801 -- 81,550 5,233 -- 6,796 30 19 -- 39 21 Recreation Program Supervisor II 79,590 -- 103,362 6,633 -- 8,614 38 26 -- 49 69 Recreation Services Manager 93,255 -- 121,071 7,771 -- 10,089 44 83 -- 58 21 Senior Account Technician 71,241 -- 92,548 5,937 -- 7,712 34 25 -- 44 49 Senior Accountant 89,679 -- 117,407 7,473 -- 9,784 43 11 -- 56 45 t Senior Administrative Analyst 94,213 -- 122,382 7,851 -- 10,199 45 29 -- 58 84 Senior Code Enforcement Officer 82,091 -- 106,614 6,841 -- 8,885 39 47 -- 51 26 Senior Engineer 113,601 -- 147,521 9,467 -- 12,293 54 62 -- 70 92 Senior Information Technician 97,445 -- 126,524 8,120 -- 10,544 46 85 -- 60 83 Senior Park Ranger 54,685 -- 71,021 4,557 -- 5,918 26 29 -- 34 14 Senior Planner 100,037 -- 129,928 8,336 -- 10,827 48 09 -- 62 47 Staff Assistant I 48,106 -- 62,496 4,00,9 -- 5,208 23'13 -- 30 05 Staff Assistant II 54,685 -- 71,021 4,557 -- 5,918 26 29 -- 34 14 Traffic Engineering Technician 69,579 -- 90,358 5,798 -- 7,530 33 45 -- 43 44 CONFIDENTIAL POSITIONS Accounting Supervisor 103,946 -- 135,022 8,662 -- 11,252 49 97 -- 64 91 Executive Assistant 74,105 -- 96,264 6,175 -- 8,022 35 63 -- 46 28 Human Resources Analyst 72,719 -- 109,259 6,060 -- 9,105 34 96 -- 52 53 MANAGEMENT POSITIONS Assistant to the City Manager 105,524 -- 137,029 8,794 -- 11,419 Building Official 105,179 -- 178,093 8,765 -- 14,841 City Clerk 105,179 -- 178,093 8,765 -- 14,841 City Manager* 226,000 226,000 18,833 -- 18,833 Deputy City Manager 127,966 -- 217,414 10,664 -- 18,118 Deputy Director of Community Development 112,337 -- 190,208 9,361 -- 15,851 Deputy Director of Finance 112,337 -- 190,208 9,361 -- 15,851 Deputy Director of Public Works 112,337 -- 190,208 9,361 -- 15,851 Deputy Director of Recreation&Parks 112,337 -- 190,208 9,361 -- 15,851 Director of Community Development 127,966 -- 217,414 10,664 -- 18,118 Director of Finance 127,966 -- 217,414 10,664 -- 18,118 Director of Parks&Recreation 127,966 -- 217,414 1.0,664 -- 18,118 Director of Public Works 127,966 -- 217,414 10,664 -- 18,118 Human Resources Manager 112,337 -- 190,208 9,361 -- 15,851 Information Technology Manager 105,179 -- 178,093 8,765 -- 14,841 Principal Civil Engineer 105,179 -- 178,093 8,765 -- 14,841 Resolution No 2023-31 Exhibit A Page 1of2C-3 Resolution No.2023-31 Exhibit A Salary and Hourly Schedule for the Competitive,Confidential,Management and Part-time Positions Effective July 1,2023) OFFICIAL Hourly Rates PART-TIME POSITIONS BOTTOM TO TOP Administrative/Public Works/Cable Intern 15 97 -- 34 78 Code Enforcement Officer 35 23 -- 46 89 Park Ranger 19 96 -- 25 88 Permit Clerk 25-33 -- '32 90 Recreation Leader 15 97 -- 20 69 Recreation Leader II 16 16 -- 19 87 Recreation Specialist 19 96 -- 25 94 Staff Assistant I 23 68 -- 30 77 Staff Assistant II 26 94 -- 34 99 Television Producer 19 24 -- 38 50 Television Producer(On-Camera) 21 77 -- 44 20 Monthly AUTO ALLOWANCE Amount City Manager 700 Deputy City Manager 150 Director of Community Development 150 Director of Finance 150 Director of Public Works 150 Director of Recreation&Parks 150 City Manager salary set by contract agreement adopted by the City Council contract amended February 1,2022) Resolution No 2023-31 Exhibit A Page 2 of 2 C-4 DocuSign Envelope ID: AFC381E8-A1 CF-4CCD-8B8C-E7E39EFDD887 MEMORANDUM OF UNDERSTANDING City of Rancho Palos Verdes American Federation of State, County and Municipal Employees, District Council 36 July 1, 2023 - June 30, 2025 01203.0021/914449.1 Version 2023.08.17) D-1 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 TABLE OF CONTENTS Page I. TERM 1 I1. DEFINITION OF TERMS..................................................................................................1 III. MANAGEMENT RIGHTS.................................................................................................3 IV. UNION RIGHTS.................................................................................................................3 A. Union Access to City Facilities................................................................................3 B. Bulletin Boards........................................................................................................4 C. Distribution of Literature.........................................................................................4 D. Union Access to New Hires and Employee Information.........................................4 E. Dues Deduction........................................................................................................5 F. Representative Rights..............................................................................................5 G. Union Prohibited Conduct.......................................................................................6 H. Internet Use and Electronic Mail.............................................................................6 V. COMPENSATION 6 A. Initial Employment..................................................................................................6 B. Movement Within the Salary Range........................................................................7 C. Top of the Range......................................................................................................7 D. Hourly Wage Range COLA.....................................................................................7 E. Non -Exempt Employees Overtime..........................................................................7 F. Acting Pay................................................................................................................7 G. Performance Evaluations.........................................................................................8 H. Promotional Advancement.......................................................................................8 VI. BENEFITS...........................................................................................................................9 A. Health Insurance Plans.............................................................................................9 B. Employee Assistance Program................................................................................9 C. Life Insurance..........................................................................................................9 D. Accidental Death and Dismemberment...................................................................9 E. Short -Term Disability Insurance..............................................................................9 F. California Public Employees' Retirement System(Ca1PERS)..............................10 G. Tuition Reimbursement.........................................................................................11 H. Workers' Compensation and Unemployment Insurance.......................................11 1. Uniforms................................................................................................................11 J. Boot Reimbursement.............................................................................................11 01203.0021/914449.1 1 Version 2023.08.17) D-2 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 VII. INCENTIVE PAY PROGRAM........................................................................................12 VIII. EMPLOYEE EXPENSES.................................................................................................12 A. Mileage and Parking Expenses..............................................................................12 IX. AT -WILL STATUS OF EMPLOYEES............................................................................12 X. LEAVES............................................................................................................................13 A. Vacation Leave......................................................................................................13 B. Sick Leave..............................................................................................................13 C. Bereavement Leave................................................................................................14 D. Jury Duty................................................................................................................14 E. Leave of Absence without Pay..............................................................................15 F. Military Leave........................................................................................................16 G. Holiday Overtime (Admin Instruction 2-06).........................................................16 H. Family and Medical Leave.....................................................................................17 XI. LAYOFF............................................................................................................................17 XII. WORK SCHEDULES, MEAL & REST PERIODS AND ATTENDANCE .................... 17 A. Work Schedules.....................................................................................................17 B. Meal & Rest Periods..............................................................................................17 C. Attendance.............................................................................................................18 XIII. GRIEVANCE PROCEDURES.........................................................................................18 A. Purpose of Grievance Procedure............................................................................18 B. Informal Discussion of Grievance.........................................................................19 C. Formal Grievance Procedure.................................................................................19 XIV. DRESS CODE...................................................................................................................21 XV. ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENTAL POLICIES 21 A. Administrative Instructions....................................................................................21 B. Departmental Policies and Procedures...................................................................21 XVI. WRITTEN NOTICE..........................................................................................................21 XVII. OUTSIDE EMPLOYMENT (ADMIN INSTRUCTION 2-12) ........................................22 XVIII. SAVINGS CLAUSE AND SEVERABILITY..................................................................22 XIX. JOINT DRAFTING...........................................................................................................22 XX. MODIFICATION..............................................................................................................22 XXI. JOB DESCRIPTION.........................................................................................................22 XXII. REOPENERS.....................................................................................................................23 01203.0021/914449.1 ii Version 2023.08.17) D-3 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 MEMORANDUM OF UNDERSTANDING between the City of Rancho Palos Verdes and the American Federation of State, County and Municipal Employees, District Council 36 Pursuant to the requirements of the Meyers-Milias-Brown Act ("MMBA," commencing at California Government Code § 3500 et seq.) the City of Rancho Palos Verdes ("City") has recognized the American Federation of State, County and Municipal Employees, District Council 36 ("Union") as the majority or exclusive representative, as those terms are interchangeably used under the MMBA, for those City employees in the bargaining unit ("Unit") defined as all part- time employees, excluding temporary employees and interns, in the classifications listed on Appendix "A" to this Memorandum of Understanding ("MOU"). I. TERM This MOU will be effective from the date of City Council approval and shall cover the period commencing from that City Council approval up through and including June 30, 2025, unless otherwise expressly provided in this MOU. II. DEFINITION OF TERMS A. Whenever used in this MOU, the following terms shall have the meanings set forth below: 1. Com: The City of Rancho Palos Verdes. 2. City Manager: The duly appointed City Manager of the City of Rancho Palos Verdes or his/her designee. 3. Classification: A position or positions assigned to the same job title. 4. Competitive Service: The competitive service established by Section 2.46.040 of the Rancho Palos Verdes Municipal. 5. Day: Unless otherwise indicated, day means calendar day. 6. Demotion: A change in employment status from one classification to another having a lower rate of pay and/or change in duties which are allocated to a class having a lower maximum rate of pay. A demotion may be temporary or permanent. 7. Dismissal: The discharge of the Employee from City service. Discharge and dismissal are used interchangeably in this MOU. 8. Employ: For the purposes of this MOU, a part-time employee in the bargaining unit defined by this MOU and whose part-time classification, 01203.0021/914449.1 1 Version 2023.08.17) D-4 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 excluding temporary employees and interns, is listed in Appendix A attached hereto. 9. Evaluation Date: The date in which an Employee is scheduled to receive their performance review, if any. 10. Exempt Employ: A Permanent Employee designated as "exempt" and whose duties and salary exempt them from the overtime pay provisions of the federal Fair Labor Standards Act (FLSA). 11. Fiscal Year: Fiscal year is the period July 1 thru June 30. 12. Nonexempt Employ: Any employee who is subject to the overtime pay provisions of the federal Fair Labor Standards Act. 13. Permanent Employ: A competitive service employee as defined in Municipal Code Section 2.46.040 and compensated through the City payroll who is regularly scheduled to work forty (40) or more hours per week. Permanent Employee also does not include elective officials, members of appointed boards, commissions, and committees, City Council -appointed City officers, independent contractors, part-time employees, temporary employees, emergency employees, management and confidential employees or volunteers. 14. Personnel Officer: The City Manager or their designee shall serve as the Personnel Officer as outlined in Municipal Code Section 2.46.030. 15. Reduction In Pay: A change in the salary of an employee to a lower rate within the same salary range. 16. Suspension: The temporary unpaid leave of absence for disciplinary purposes for a period not to exceed thirty (30) days per occurrence. 17. Verbal Reprimand: An oral warning that may be given to a Employee in the event that a deficiency in performance or conduct is not of sufficient magnitude to warrant a more serious disciplinary action. 18. Written Reprimand: A written statement relating to an action or omission indicating that there is cause for dissatisfaction with the Employee's services and that further disciplinary measures may be taken if the cause is not corrected. 19. Work Week: A regular seven day period of 168 consecutive hours beginning 12:00 a.m. Sunday through 11:59 the following Saturday, the scheduling of part-time employee work hours within which may vary from time to time based on the workforce needs of the City as determined by the Department Head and/or City Manager. 01203.0021/914449.1 2 Version 2023.08.17) D-5 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 III. MANAGEMENT RIGHTS The City, through the City Council, possesses the sole right to operate the City and all management prerogatives remain vested with the City through the City Council and City Manager. In this context, except as specifically limited by express provision of this MOU, all management prerogatives, powers, authority and functions, whether heretofore exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested exclusively with the City. It is expressly recognized that these rights, include, but are not limited to, the right to hire, direct, assign or transfer an employee or probationary employee; the right to lay off employees or probationary employees; the right to determine and change staffing levels and work performance standards; the right to determine the content of the workday, including without limitation, workload factors; the right to determine the quality and quantity of services to be offered to the public, and the means and methods of offering those services, the right to contract or subcontract City functions, including any work performed by employees or probationary employees; the right to discipline employees, including the right to reprimand, suspend, reduce in pay, demote and/or terminate employees; the right to relieve employees or probationary employees of duty, demote, dismiss or terminate employees or probationary employees for non - disciplinary purposes; the right to consolidate City functions; the right to determine City functions; the right to implement, modify and delete rules, regulations, resolutions and ordinances; the right to establish, change, combine wages or eliminate jobs, job functions and job classifications; the right to establish or change wages and compensation; the right to introduce new or improved procedures, methods, processes or to make technological changes; and the right to establish and change shifts, schedules of work, and starting and quitting times. IV. UNION RIGHTS A. Union Access to City Facilities 1. The parties recognize and agree that in order to maintain good employee relations, it is necessary for Union Business Representatives to have access to work locations, to confer with City employees during working hours, to post bulletins on the Union designated bulletin boards or assigned spaces on a designated bulletin board, inspect the working conditions, conduct worksite visits, investigate MOU violations, health and safety concerns, investigate and process grievances, or meet with members for the purpose of representing members in their relations with the City. Union may also have reasonable access to meeting rooms. 2. Union Business Representatives shall be granted access upon obtaining authorization from the Department Head and/or the Human Resources Manager prior to entering a work location and after advising of the general nature of the business. The Department Head and/or the Human Resources Manager shall not unreasonably withhold timely access to work locations. However, the Department Head and/or Human Resources Manager may deny access or terminate access to work locations if, in their judgment, it is 01203.0021/914449.1 3 Version 2023.08.17) D-6 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 deemed that the visit would unduly interfere with the efficiency, safety, or security of City operations. If a request is denied, then the Human Resources Manager and/or their designee shall establish a mutually agreeable time for access to the employee. 3. Union Business Representatives granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the concern, investigation, grievance or appeal. The Department Head and/or Human Resources Manager and/or their designees may mutually establish with the Union Representative reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with Union's right to access work locations, so long as such access does not interfere with the performance of City business. 4. The Union may select two (2) Unit employees as Shop Stewards. The Shop Stewards shall be given reasonable release time on paid status to attend meetings with management representatives, or to be present at grievance and/or discipline meetings where matters within the scope of representation or grievances or discipline are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City business. B. Bulletin Boards The Union shall be provided use of bulletin boards designated by the City to post materials related to Union business and of Union interest. The bulletin boards shall be placed in conspicuous and readily accessible locations. Postings will be consistent with professional standards while maintaining the Union's first amendment right and employee's right to organize. C. Distribution of Literature The Union's representatives may distribute literature in all areas accessed by employees. Distribution of literature will be consistent with professional standards while maintaining the Union's first amendment right. Distribution will not interfere with the City's efficiency in providing service to the community. D. Union Access to New Hires and Employee Information The City will notify Union in writing or via email regarding all new hires at least ten (10) days prior to the employee's orientation unless there was insufficient time between employee's acceptance of offer letter and start date or there was an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Union with the new employee's name, job title, department, 01203.0021/914449.1 4 Version 2023.08.17) D-7 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 work location, work email, and work phone numbers. No other information from the City is being requested by Union even though Union may be entitled to such additional information under law. 2. The new hire will receive a copy of the MOU with their new employee orientation packet. Union shall be permitted no less than thirty (30) minutes for each orientation session to privately talk to new bargaining unit members to explain the rights and benefits under the MOU. 3. The City will provide the Union a quarterly list of all employees in the represented bargaining unit, including the employee's name, job title, department, work location, work email, and work phone number. The parties will mutually agree on a form to use to track said employee information. E. Dues Deduction 1. At Union's request, the City shall deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by Union, from the wages and salaries of members of Union to the extent that the employee's wages are sufficient to cover the deduction. Union hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Union membership dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by Union. 2. The City shall provide for payroll deductions on each payroll period twenty-six times per calendar year). The City shall remit the total amount of deductions to Union within thirty (30) days of the date of the deduction. Any changes in Union dues must be given to the City a minimum of thirty 30) days prior to change to accommodate changes to payroll. 3. Union shall indemnify the City from any claims relating to the City's compliance with this Dues Deduction provision, except for any claims arising from City's own negligence. F. Representative Rights 1. Employees shall not be able to represent themselves for the purposes of negotiating revisions to the terms of this MOU, also known as Direct Dealing or Individual Bargaining. 2. Employees shall be allowed reasonable release time, if scheduled to work, to discuss matters regarding items contained in this MOU or conditions of 01203.0021/914449.1 5 Version 2023.08.17) D-8 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 employment with the Union's representatives for clarification or assistance at any time upon advance notice to City and so long as City operations are not negatively impacted. G. Union Prohibited Conduct The Union, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause nor condone any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. A violation of this Article by any Unit member shall constitute a cause for discipline, including termination. 2. In the event that the Union, its officers, agents, representatives and/or members cause or condone any employee strike, walkout, slowdown, sick- out, or any other concerted job action by withholding or refusing to perform services, the Union shall immediately instruct any persons engaging in such conduct that their conduct is a violation of this MOU, and require all such represented persons to immediately cease engaging in the prohibited conduct and return to work. H. Internet Use and Electronic Mail Employees are allowed to use City computers for legal Internet and electronic mail access. No employee is allowed to download information from an unknown source. The City reserves the right to review any and all information contained on all City computers and no personal privacy is granted or guaranteed. Employees have no expectation of privacy in information contained in City computers. Any illegal use of the Internet on any City computer may result in disciplinary action, which may include termination. V. COMPENSATION Employee compensation is set forth in a salary schedule of ranges established by resolution of the City Council. Effective the first full pay period after City Council adoption of this MOU, the new hourly pay ranges for Employees set forth in Appendix A shall implemented. In addition, a signing bonus of $300.00 shall be paid by the second full pay period after City Council adoption of this MOU to those employees who were working for the City as of July 1, 2022 and who are still employed by the City at the time of City Council adoption of this MOU. A $100.00 signing bonus shall be paid by the second full pay period after City Council adoption of this MOU to those employees hired after July 1, 2022 and before July 1, 2023 and who are still employed by the City at the time of City Council adoption of this MOU. A. Initial Employment The rate of compensation for initial employment in any represented classification shall be determined by the City Manager at their sole discretion based upon factors 01203.0021/914449.1 6 Version 2023.08.17) D-9 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 including but not limited to the experience, education, skills and ability of the incoming Employee. B. Movement Within the Salary Range Employees will be eligible for a salary merit adjustment, provided they have demonstrated "meets expectations" or greater in every rating category of their annual performance evaluation. The specific salary merit adjustment is determined by an employee's most recent annual performance evaluation rating as further explained herein. C. Top of the Range In no case shall an Employee's regular salary exceed the maximum of the range established by resolution of the City Council. D. Hourly Wage Range COLA Effective the first full pay period in July 2024, the City shall provide a Cost of Living Adjustment (COLA) to base hourly wage ranges in Appendix A for all Union represented Employees still on payroll at that time in the amount not less than 0% nor higher than a maximum of three percent (3%) as measured by the Consumer Price Index for All Urban Consumers ("CPI -U") reported by the U.S. Bureau of Labor Statistics for the Los Angeles -Long Beach -Anaheim, CA metropolitan area covering the prior twelve month period March to March. E. Non -Exempt Employees Overtime 1. Nonexempt Employees shall receive overtime compensation in accordance with the federal Fair Labor Standards Act. Accordingly, nonexempt Employees shall be paid one and one-half (1 1/2) times their regular rate of pay or receive compensatory time off at one and one half (1 1/2) hours for all hours worked in excess of forty (40) in the work week. 2. Overtime Pay: a) Overtime shall be defined as any combination of actual hours worked, which exceeds forty (40) hours in any work week. b) Work in excess of forty (40) hours in the workweek requires prior approval of the nonexempt Employee's Department Head or the City Manager. F. Acting Pay Upon written designation/approval of the Department Head and the City Manager, an Employee who performs the duties of a position with a higher classification for 01203.0021/914449.1 7 Version 2023.08.17) D-10 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 a period of one (1) calendar month or more and not to exceed the time limits as defined by Ca1PERS, shall receive compensation as specified below: 1. The Employee shall be compensated at a level within the higher classification as will accord such employee an increase of at least five percent (5%) over their current rate of compensation, provided that the salary does not exceed the maximum amount of compensation within the new salary range. 2. Upon meeting the one calendar month eligibility period, such acting pay compensation shall be retroactive to the first day of the acting assignment through the duration of the assignment. G. Performance Evaluations 1. An Employee should receive an annual performance evaluation based upon their original hire date or promotion anniversary date. 2. Employees shall be eligible for salary merit advancement within an individual salary range based upon their performance evaluation and meritorious performance as follows: Meets Expectations (Satisfactory): 1% - 2.5% Exceeds Expectations (Good): 2.5% - 5% 3. No employee may receive a Meets Expectations or higher rating where they have an individual category rating of less than Meets Expectations. 4. Employees are entitled to file a rebuttal to any performance evaluation within thirty (30) days of receiving the evaluation. 5. Any employee receiving a less than Meets Expectation rating shall be re- evaluated in six (6) months. 6. The City Manager shall retain the sole discretion to approve salary merit bonuses for Employees at the top of their salary range on an annual basis. H. Promotional Advancement When an Employee is promoted from employment in one classification or classification job series to employment in a classification or classification job series assigned a higher salary range, advancement shall be at least five percent (5%) over their current rate of compensation, provided that the salary does not exceed the maximum amount of compensation within the new salary range. In the event this unlikely situation occurs, the parties agree to meet and confer to address. 01203.0021/914449.1 8 Version 2023.08.17) D-11 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 VI. BENEFITS A. Health Insurance Plans Employees working the required number of hours for participation as defined by the federal Affordable Care Act ("ACA"), will be eligible to participate in the City's group medical plan, which does not include dependents. The City currently pays the entire premium for eligible employees. The City does not guarantee or in any other way promise to Employees the hours necessary to qualify for this benefit. 1. The City has five (5) medical plans available to eligible employees (3 HMO's, 1 traditional PPO, and a high deductible PPO). 2. The high deductible PPO plan option comes with a Health Savings Account HSA) that is funded by the City. The City's annual contribution to an eligible employee's HSA plan is $3,850 for single coverage or $7,750 for eligible employees and dependent coverage. Eligible employees can make additional contributions, on a pre-tax basis, to their HSA account through payroll deductions, up to the IRS limits, based on their age (50+) and coverage level. B. Employee Assistance Program The City shall provide an Employee Assistance Program at no cost to all employees and employee families. C. Life Insurance Employees are eligible for life insurance on the first of the month following their hire date. The City pays the entire premium on a life insurance policy with a benefit of twice the employee's annual City compensation/salary, up to a maximum benefit of $350,000. D. Accidental Death and Dismemberment Employees are eligible for AD&D insurance on the first day of the month following their date of hire. The City pays the entire premium on an AD&D insurance policy. The benefit amount is based on the actual loss, up to a maximum benefit of 350,000. E. Short -Term Disability Insurance All employees are required to participate in the California State Disability Insurance (SDI) program, which provides partial salary replacement benefits when an employee is disabled due to a non -work related illness or injury. The program is funded by employee payroll deductions from the employee's bi-weekly paycheck until a cap established by the State is reached. The benefits and terms are established by the State. 01203.0021/914449.1 9 Version 2023.08.17) D-12 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 F. California Public Employees' Retirement System (Ca1PERS) Employees are eligible to be enrolled in the City's retirement system if they meet the required number of hours worked in a fiscal year as determined by the job classification. The retirement plan is provided under contract with Ca1PERS. The City pays the employer portion of the Ca1PERS contribution for eligible employees. Eligible employees pay their employee portion, as determined by statute and Ca1PERS contract. In the event of any conflict between this summary and either the City's contract with Ca1PERS or law, the contract or law, as applicable, will prevail and apply. The City does not guarantee Employees the required number of hours to meet eligibility for any of these plan tiers. 1. Tier 1— Eligible employees hired prior to October 6, 2012 are subject to the first tier benefit formula of 2.5%@55 with final compensation determined by the average of the 12 highest paid consecutive months (single highest year). The employees will be required to contribute eight percent (8%) of their base salary toward the pension benefit. 2. Tier 2 — Eligible employees hired on or after October 6, 2012 who are not defined by Ca1PERS as "new members" are subject to the second tier benefit formula of 2%@60 based on the average monthly pay rate for the 36 highest paid consecutive months (3 year final compensation). The employees will be required to contribute seven percent (7%) of their base salary toward the pension benefit. 3. Tier 3 - Pursuant to the Public Employees' Pension Reform Act of 2012 PEPRA), on and after January 1, 2013, eligible employees who are defined by Ca1PERS as "new members," are subject to the reform tier benefit formula of 2%@62 based the average monthly pay rate for the 36 highest paid consecutive months (3 year final compensation) and other PEPRA required terms. In addition, new members will be required to pay one half 1/2) of the total normal cost rate for their pension benefit. That rate is determined by Ca1PERS and will be communicated to the Association (and as it is adjusted in the future) once it is known by the CITY. As defined by Ca1PERS, a "new member" is: a) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date. b) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity, as provided under PEPRA. 01203.0021/914449.1 10 Version 2023.08.17) D-13 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 C) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. G. Tuition Reimbursement The City provides a tuition reimbursement program to encourage Employees to pursue professional growth and development through accredited academic coursework. The course must be related to work within City government, as agreed upon by the City Manager, and class time must not interfere with the employee's normal duties, unless specifically authorized by the City Manager. A passing grade, or a certificate of completion for courses that do not bear credit, is required to receive payment. The maximum amount of reimbursement in a fiscal year shall not exceed $500 per employee participating in the program and is subject to final authorization by the City Manager. The total amount of funds available for the tuition reimbursement program is established each year by the City Council as part of the City's operating budget. H. Workers' Compensation and Unemployment Insurance 1. Coverage: The City provides workers' compensation and unemployment insurance to all eligible employees in accordance with California law. 2. On -the -Job Injuries: All injuries suffered during working hours must be promptly reported to the employee's supervisor and by notifying the Department Head, and Human Resources/Risk Manager. Employees should also promptly report the injury to the 24/7/365 on-call reporting center. Unless there is an emergency, a City referral form must be obtained from the Personnel office before visiting a doctor. Upon returning to work from all on-the-job injuries, employees must have an approved return to work certificate signed by the attending doctor. I. Uniforms Employees may be required to wear uniforms. When required to wear uniforms, the City shall provide such uniforms at no expense to the employees. Replacement uniforms may be provided as needed upon request by employee and justification as determined by Department Head and/or their designee. Uniform replacement request shall not be unreasonably denied. J. Boot Reimbursement Employees may be required to wear work boots and those determined to need boots are provided them on a reimbursement basis, with required receipts for same, shall receive one (1) set of work boots per year, up to a maximum of $150 per pair, as determined and approved by the City at no employee expense. Additional boots may be authorized as needed upon request by employee and with justification as determined by Department Head and/or their designee. An additional set of work 01203.0021/914449.1 11 Version 2023.08.17) D-14 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 boots are paid up to $150 maximum reimbursement per pair, per year, due to extreme wear. VII. INCENTIVE PAY PROGRAM A. From time -to -time, the City Manager may grant an incentive pay award to any Employee in recognition for extraordinary work based upon a nomination. B. The City Manager shall approve the amount of incentive pay per employee award. However, in no case shall the incentive pay exceed five percent (5%) of an employee's base salary. C. Employees shall be limited to no more than two (2) incentive bonus pay awards in a fiscal year, not to collectively exceed a total of 5% of an employee's base salary. VIII. EMPLOYEE EXPENSES A. Mileage and Parking Expenses Employees required to use their private automobile for City assignments shall be reimbursed for mileage at the current standard mileage rate set by the Internal Revenue Service and actual parking expenses for work during shift hours, but not for arriving to or departing from the City before and after their work shift. 1. All claims for mileage and parking reimbursement shall first be approved in writing by the employee's supervisor, Department Head or the City Manager, and shall be filed on forms and in accordance with the procedures established by the City Manager. 2. Employees using their private automobile for City business shall only be eligible if the employee supplies the Personnel Officer with a Certificate of Insurance stating that their private transportation is covered by public liability and property damage insurance of not less than the amount required in the procedures established by the City Manager, established in coordination with the City's liability coverage pool. IX. AT -WILL STATUS OF EMPLOYEES Employees remain at -will employees and are not afforded any rights, benefits, notice and/or appeal procedures afforded full-time employees except as expressly provided herein, but instead may be discharged by their Department Head or the appointing authority as defined in the City's Municipal Code) at any time with or without notice or cause. In addition, Employees as part-time employees are not guaranteed any specific number of hours per day or week and work those hours determined by the City as necessary to its functions in its sole discretion. In tum, all Employees subject to this MOU are entitled to end their employment relationship with the City at any time, with or without notice or cause. No provision of this MOU shall be deemed to confer upon any Employees any 01203.0021/914449.1 12 Version 2023.08.17) D-15 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 property rights in employment. All Employees serve at the pleasure of their Department Heads and the City Manager. X. LEAVES Except as otherwise permitted by law, all requests for leave shall be in writing, and shall be sent to the employee's supervisor or Department Head or their designee. The request shall include the expected start and end dates of the leave, and any medical certifications required by the provisions of this MOU or City Policy. An employee shall provide as much advance notice of the need for leave as practicable. Generally, when the need for the leave is foreseeable, the employee shall try to provide at least ten (10) days' notice prior to the commencement of the leave. Failure to provide advance notice of the need for leave may be grounds for delaying the start of the leave. A. Vacation Leave Employees are not entitled to accrue paid vacation leave. B. Sick Leave Per state law, part-time employees who work for their employer for thirty 30) days or more within a year of commencement of employment are entitled to paid sick days under certain conditions. 2. An eligible employee shall accrue paid sick days at the rate of one (1) hour per every thirty (30) hours worked, beginning at the commencement of employment and will accrue such paid sick leave for use beginning on the ninetieth (90th) day of employment. 3. All paid sick leave is capped at forty-eight (48) hours per calendar year, including if rolled over from the prior year, and has no vested interest or cash value. 4. In order to receive paid sick leave, an employee must speak with their supervisor at the earliest possible time, generally 2 hours before start of the employee's shift that the leave will be used. Alternatively, an employee must leave a voicemail with their supervisor and then call their Department Head. Such notice shall provide the fact and the reason for the leave and duration of the leave. Failure to provide reasonable notice will be cause for denial of sick leave with pay for the period of the absence. Written verification of the cause of absence may be required by the Department Head or City Manager. 5. Employees shall not be granted, and accordingly are not entitled to take, paid sick leave in advance of its accrual. 6. Employees who use more than twenty-four (24) consecutive sick hours shall be required to furnish a physician's certificate stating that the employee is 01203.0021/914449.1 13 Version 2023.08.17) D-16 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 able to safely return to work. A physician's certification may be requested if a supervisor has reason to believe that sick leave is being abused. Regardless of the length of the sick leave used, the supervisor has the authority to determine if the employee is abusing the sick leave benefit. 7. Sick leave must be used in a minimum of fifteen (15) minute increments just like the reporting of regular hours worked. Sick leave may be used for medical appointments, pregnancy disability leave, leaves provided pursuant to the federal and California family and medical leave statutes and to care for an employee's spouse, child(ren), parent(s) or spouse's child(ren) or parent(s) due to illness. 9. Upon termination or dismissal from employment, employees shall not be granted, and accordingly are not entitled to be paid for accumulated sick leave. C. Bereavement Leave In the event of a verified death in a Employee's family, upon request, the City shall grant up to five (5) workdays of bereavement leave, as provided below: 1. To be eligible for this leave, a Employee must be employed by the City for at least thirty (30) days prior to the commencement of the leave. 2. For the purpose of this Article, the term "family" shall be defined as spouse, child, parent, sibling, grandparent, grandchild, parent of a spouse, registered domestic partner, and parent of a registered domestic partner. 3. For Employees, the bereavement leave shall be unpaid, except that an employee may use accrued and available paid sick leave for some or all of the leave. 4. The days of bereavement leave need not be consecutive but the bereavement leave must be completed within three (3) months of the date of death of the employee's family member. 5. The City may require, within thirty (30) days of the first day of the leave, that the employee provide documentation of the death of the family member, such as a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. D. Jury Duty 1. Employees called for jury duty shall give the Department Head or City Manager reasonable advance written notice of their obligation to serve. 01203.0021/914449.1 14 Version 2023.08.17) D-17 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 2. Employees will be paid their regular wages, less jury duty pay (other than mileage or subsistence allowances) or may elect to forfeit the jury duty warrant to the City and receive full City wages for any normal work shifts missed because of jury service up to three (3) weeks of pay. 3. Written evidence ofjury duty attendance shall be presented to the Personnel Officer. 4. Employees shall continue to report to work on those days when excused from jury duty, and on which the employee can work at least four (4) hours during their regular workday. E. Leave of Absence without Pay The City Manager, after consultation with the Employee's Department Head, may grant an employee a leave of absence without pay for a period not to exceed four 4) months in accordance with the work force needs of the City. Additionally, the City Manager may apply such conditions as they deem warranted in the best interest of the City. No such leave shall be granted except upon written request of the employee with explanation for the need for the leave. Leave under this section shall only be granted to an employee under circumstances where the employee is not otherwise eligible for pregnancy disability leave or family and medical leave as provided under applicable law and Sections 8 (Pregnancy Disability Leave) and 11 Family and Medical Leave) of the Personnel Rules. Approval shall be in writing and a copy filed with the Personnel Officer. A leave of absence without pay shall not be construed as a break in service or employment, however, paid leave benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence. An employee shall stop accruing seniority after thirty 30) days on a leave of absence without pay. 2. Use of a leave of absence without pay for a purpose other than that requested may be cause for forfeiture of reinstatement rights. Failure on the part of an employee or probationary employee on leave to report to work promptly at its expiration may be cause for discharge. 3. An employee reinstated after a leave of absence without pay shall receive that same pay rate in the salary range that they received when the leave of absence began unless the pay increase is awarded by this MOU. Time spent on such leave without pay shall not count towards service for increases within the salary range, and the employee's evaluation date shall be set forward one (1) month for each thirty (30) consecutive days taken. 4. The City shall maintain group health insurance coverage for any employee including dependent coverage) who is already receiving such coverage while the employee is taking a medical leave of absence under this section at the level and under the conditions coverage would have been provided by 01203.0021/914449.1 15 Version 2023.08.17) D-18 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 the City if the employee had not taken such leave. In the event an employee does not return to work following the leave, the City reserves the right to recover the premiums or other sums the City paid for group health insurance coverage during the period of the leave. 5. The employee is responsible to pay the entire cost of all applicable health and life insurance premiums and other insurance premiums (such as long term disability and accidental death and dismemberment) which were previously being paid during a non-medical leave of absence without pay that exceeds thirty (30) days. In addition, in advance of taking the leave, the employee must make written arrangements with the Finance Department to pay for the costs of such coverage. Premiums shall be paid within the time specified by the City or as otherwise required by the applicable insurance or benefit program. 6. If the leave of absence without pay was for medical reasons, prior to resuming regular duties, an employee shall furnish the Personnel Officer a physician's certificate stating that the employee is able to return to work. F. Military Leave Military leave shall be granted in accordance with applicable federal and California law. G. Holiday Overtime (Admin Instruction 2-06) Regardless of the number of hours worked during the work week, Employees who work on a City holiday designated below shall be paid their regular hourly rate and one and one half (1'/2) times their regular hourly rate of pay for all hours worked on the holiday: a) Memorial Day (Last Monday in May); b) Independence Day (July 4th); C) Labor Day (1St Monday in September); d) Thanksgiving Day (4th Thursday in November); e) The day after Thanksgiving (4th Friday in November); f) Christmas Eve (December 24th); g) Christmas Day (December 25th); and h) New Year's Day (January 1St) 01203.0021/914449.1 16 Version 2023.08.17) D-19 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 H. Family and Medical Leave Family and medical leave will be granted in accordance with the City's Family and Medical Leave Policy and applicable law. XI. LAYOFF A. Whenever in the judgment of the City Council it becomes necessary in the interest of economy, because the necessity for a position no longer exists or other legitimate purpose, the City Council may abolish any position in the City; and the employee holding such position or employment may be laid off without taking disciplinary action and without the right of appeal. Except as otherwise determined by the City Council, the City Manager, when it becomes necessary in the interest of economy, because the necessity for a position no longer exists or for other legitimate purpose, may abolish any position or employment in the City and may lay off an employee holding such position or employment without taking disciplinary action and without right of appeal. B. If an Employee believes that their layoff is contrary to federal or state law or City policy, they may file a grievance based solely on the narrow issue of the alleged violation federal or state law or City policy. Otherwise, Employees shall have no other rights relative to the termination of their at -will employment by means of a layoff. XII. WORK SCHEDULES, MEAL & REST PERIODS AND ATTENDANCE A. Work Schedules All work shifts shall have a designated start and end time, but some events and/or rentals may require employees to stay longer than scheduled. 2. All work shifts are subject to change due to unexpected change in need such as weather impacts, canceled events, canceled rentals, pandemic issues, event of Force Majeure, etc. 3. Employees work part-time schedules during the entire workweek and across different shifts each day and with work days and work shifts sometimes changing by season. Accordingly, there are no guaranteed work hours, shifts or days. Work schedules are determined in advance by the Employee's Department Head and/or their designee. B. Meal & Rest Periods Meal Period. Meal Periods for Part -Time employees are dependent upon the particular shift, work location and whether the employee has Meal Period coverage. The City's goal is to allow for at least a thirty (30) minute unpaid Meal Period for every 6 hours of work where the employee can be released from all work duties. Employees may waive their right to such Meal Periods 01203.0021/914449.1 17 Version 2023.08.17) D-20 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 but must do so in writing, the waiver may be revoked with a 24 hour notice to the employee's immediate supervisor. If there isn't coverage for such a Meal Period due to the nature of the position or the lack of coverage on a particular day, then the employee will be paid for a working lunch where they are permitted to eat on duty and at the job site. Eating food at public facing counters is generally not accepted unless approved by the Department Head. Department Heads have the responsibility for scheduling lunch periods for their employees and may require employees to work through their Meal Periods with pay as required by City needs and allow employees to eat at their desks or facilities while on duty. 2. Rest Periods. The City allows every employee to take a 15 -minute rest period for every 4 hours worked. Rest Periods are not to be taken outside the employee's assigned work facility without permission of the Department Head. Eating food in the public areas is generally not accepted unless approved by the Department Head. Employees in the field may suit the time of work break to the situation at hand, recognizing that they are City representatives in all daily activities. Scheduling of breaks will be at the discretion of the Department Head. This provision shall not apply to field trips and excursions and/or related off-site programming. C. Attendance Failure of an Employee, who is absent without leave, to return to work within 24 hours of notice to return, or failure to request leave of absence within the same period, shall be cause of disciplinary action, including discharge. Employees who leave during work hours without first notifying and receiving prior approval from their supervisor or Department Head of their whereabouts are subject to appropriate disciplinary action, including discharge. XIII. GRIEVANCE PROCEDURES A. Purpose of Grievance Procedure The grievance procedure shall be used to resolve employee or probationary employee complaints concerning the express terms and condition of employment with the City. The grievance procedure shall not be used for resolving any complaint concerning disciplinary action. Except as otherwise provided in this MOU, the grievance procedure may be utilized to resolve alleged: Improper application of rules, regulations and procedures. 2. Unfair treatment, including coercion, restraint and reprisal. 3. Improper procedures utilized in employee layoff. 01203.0021/914449.1 18 Version 2023.08.17) D-21 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 4. Discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person or because of any other statutorily or constitutionally impermissible basis. 5. Any manner affecting an employee's: a) Work schedule; b) Fringe benefits; C) Holidays; d) Sick Leave; and/or e) Retirement. 6. Any alleged violation of this MOU. 7. Any other matter regarding the terms and conditions of employment. B. Informal Discussion of Grievance When an Employee has a grievance, the employee shall first informally discuss the matter with the employee's immediate supervisor within ten (10) days from the date of the incident or decision generating the grievance. If, after a discussion with the immediate supervisor, the grievance has not been satisfactorily resolved, the employee shall have the right to informally discuss the grievance with the supervisor's immediate superior. The informal discussion with the supervisor's immediate superior shall occur within twenty (20) days from the date of the incident or decision generating the grievance. If, after such a discussion, the grievance has not been satisfactorily resolved, the employee shall have the right to file a formal grievance. 2. If an employee's grievance is with their immediate supervisor or the supervisor's immediate superior, or the supervisor's immediate superior is the Department Head, they may skip to the next step of the grievance procedure as appropriate. C. Formal Grievance Procedure The formal grievance procedure shall be used to resolve an employee's grievance not satisfactorily resolved by informal discussion or where Section B2 applies above. 01203.0021/914449.1 19 Version 2023.08.17) D-22 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 1. An employee shall have the right to present a formal grievance in writing to their Department Head within thirty (30) days from the date of the incident or decision generating the grievance. All formal grievances shall state the factual reasons for the grievance, the alleged violations, and the employee's requested remedy and be signed by the employee. 2. The formal written grievance shall be timely presented to the Department Head. When the employee presents a formal grievance to their Department Head, the Department Head shall discuss the grievance with the employee within ten (10) days of receipt. The employee's labor representative may file a grievance on the employee's behalf, but the employee must still sign it. Within ten (10) days after meeting with the employee regarding the formal grievance, the Department Head shall render a written decision. 3. If the employee is unsatisfied with the decision of the Department Head, then they shall have the right to present the formal grievance to the City Manager within five (5) days from the date of the decision of the Department Head. The employee shall provide the City manager with a copy of the original grievance, the response from the Department Head, and state in writing any and all objections to, and/or dissatisfaction with, the decision of the Department Head. 4. When the employee presents the formal grievance to the City Manager, the City Manager or their designee shall discuss the grievance with the employee. Within fifteen (15) days after receipt of the formal grievance and related materials, the City Manager and/or their designee shall render a written decision. The decision of the City Manager and/or their designee shall resolve the grievance and no further administrative review of the subject matter of the grievance shall be permitted. 5. The employee and the City have the right to representation at any step in the grievance process. 6. Any grievance not filed or taken to the next step by the employee within the specified time limits shall be deemed settled on the basis of the last decision, and not subject to further consideration or reconsideration. Grievances settled based on not being filed or taken to the next step, shall not set precedent for future grievances. By mutual agreement and for good cause, reasonable extensions of time may be given in writing by the applicable parties at each step in the grievance procedure. 7. An employee who has filed a grievance shall suffer no discrimination for filing the grievance. This grievance process does not waive the employee's rights to file any claim with appropriate state and federal agencies. 01203.0021/914449.1 20 Version 2023.08.17) D-23 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 XIV. DRESS CODE A. All Employees must present a professional appearance by wearing appropriate and clean attire for the position held and tasks to be completed. Attire should be considered business. If a uniform is required, then it should be well maintained and worn in a presentable fashion. Matters of employee attire will be managed at the department level. B. Examples of appropriate office attire include slacks or khakis; dress shirt or blouse; open -collar or polo shirt; optional tie or sport coat; a dress or skirt at knee-length or below; a tailored blazer, knit shirt or sweater; loafers or dress shoes that cover all or most of the foot. Examples of inappropriate attire include t -shirts; gym or sweat clothing, including work out wear; halter tops, tank tops or crop tops; leggings or spandex (except with dresses); low back dresses, blouses, or shirts; sheer, see through or revealing clothing; shorts; and casual sandals (flip flops). Hats are not acceptable, unless they are part of a uniform. Jeans and athletic shoes for office personnel are limited to "Friday" casual, unless the position held requires jeans and/or athletic shoes. XV. ADMINISTRATIVE INSTRUCTIONS AND DEPARTMENTAL POLICIES A. Administrative Instructions: Without limiting the application of other Administrative Instructions, unless otherwise inconsistent with this MOU or the law, Employees are subject to Administrative Instructions: 2-06 (Part -Time Employees), 2-03 (Workers' Compensation Claims Procedures), 2-09 (Gifts), 2-10 Policy Against Harassment in the Workplace), 2-12 (Outside Employment), 2-13 Pets), 2-14 (Bulletin Boards), 2-15 (Employee Incentive Program), 2-18 (Policy Against Violence in the Workplace), Admin Instruction 2-19 (Part Time, Seasonal, and Temporary employee Sick Leave), 7-01 (Safety Program), 7-04 (Accident Reports — Vehicle), 8-01 (Use of City Vehicles), 8-02 (Use of Employees Vehicles for City Business), 8-05 (Computer Network Use), 8-07 (Electronic Mail and Internet Use), and 8-08 (Use of City mobile telephones) to the extent such instructions are not inconsistent with this MOU. Copies of the current Administrative Instructions are available in the Administrative Instruction Manual and from the Human Resources Office. B. Departmental Policies and Procedures: Where a department or work group has adopted employment and workplace policies, procedures or other instructions, employees within that group are subject to those policies, procedures and instructions. XVI. WRITTEN NOTICE Any written notice required to be given by the provisions of this MOU, unless herein otherwise specifically provided, may be given either by personal service or by mail. In the case of service by mail, the notice must be deposited in the United States mail, in a sealed envelope, with postage prepaid; addressed to the person on whom it is to be served; at the 01203.0021/914449.1 21 Version 2023.08.17) D-24 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 address in any notice given by them of their last known address, and, if there be no last known address, then addressed to them at the City (if still associated with the City in some capacity). Service by mail shall be deemed complete at the time of the deposit in the mail. XVII. OUTSIDE EMPLOYMENT (ADMIN INSTRUCTION 2-12) Employees shall be allowed to engage in employment other than their job with the City, with the understanding that such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. The employee must notify their Department Head and copy the City Manager in writing regarding their outside employment. XVIII. SAVINGS CLAUSE AND SEVERABILITY Any provision of this MOU, which conflicts with any State or Federal statute, or Executive Order having the same effect as law, now existing or hereinafter enacted, or declared by a court of competent jurisdiction to be unlawful, unenforceable or not in accordance with applicable statutes shall not affect the remainder of the MOU which shall remain in full force and effect for the term of the MOU. The parties will meet as soon as practical to negotiate the effects of any invalidated provision. XIX. JOINT DRAFTING In recognition of the fact that the parties had an equal opportunity to negotiate the language of, and draft, this MOU, the parties acknowledge and agree that there is no single drafter of this MOU and, therefore, the general rule that ambiguities are to be construed against the drafter is, and shall be, inapplicable. If any language in this MOU is found or claimed to be ambiguous, each party shall have the same opportunity to present evidence as to the actual intent of the parties with respect to any such ambiguous language without any inference or presumption being drawn against any party hereto. XX. MODIFICATION This MOU may only be modified or amended by written agreement between the parties which must then be ratified by the Union and formally approved by resolution of the City's City Council. XXI. JOB DESCRIPTION Class Specifications: The classification plan shall consist of job specifications, which shall set forth a descriptive title, typical duties and responsibilities, essential functions of the position, and the training, experience, and other qualifications necessary or desirable for the effective performance of each position within a classification. 01203.0021/914449.1 22 Version 2023.08.17) D-25 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 XXII. REOPENERS The parties agree to reopen the contract for the purpose of the following: A. Drafting, ratifying, adopting and implementing an Employer -Employee Relations Resolution for the City; and B. Updating the City's Personnel Rules. The City's labor relations representatives and the Union's representatives have met and conferred in good faith on wages, hours and other terms and conditions of employment for the Unit members represented by the Union and have reached agreements which are set forth in this MOU. This MOU, when executed by the City's labor relations representatives and the Union's representatives, constitutes a joint recommendation therefrom, after ratification of the Union's membership, to be submitted to the City Council for its determination and approval by resolution. This MOU is of no force or effect unless or until approved and adopted by a resolution of the City Council. City of Rancho Palos Verdes Doc uSigned by: FRdR J air. Ara Mihranian City Manager DocuSigned by: RIAL Ra?QAAn Julie DeZiel Human Resources Manager DocuSigned by: D6865547MEB40A... Colin Tanner Deputy City Attorney/Lead Negotiator AFSCME District Council 36 Corey Cordova AFSCME DC36 Business Representative 9 09C Richard Fox Organizing Committee Dara C ToY 2.y 11 Dana Torey Organizing Committee Quentin Thelen Organizing Committee 01203.0021/914449.1 23 Version 2023.08.17) D-26 DocuSign Envelope ID: AFC381 E8 -A1 CF-4CCD-8B8C-E7E39EFDD887 APPENDIX A REPRESENTED CLASSIFICATIONS & HOURLY PAY RANGES) Classifications Recreation Leader I Recreation Leader II Recreation Specialist Part-time Ranger Television Producer Television Producer On Camera Part-time Staff Assistant I Part-time Staff Assistant II Permit Clerk Code Enforcement City Hourly Pay Range 19.00 to $24.70 21.85 to $28.41 25.13 to $32.67 22.45 to $29.17 28.75 to $37.38 33.00 to $42.91 23.13 to $30.05 26.29 to $34.14 25.73 to $33.42 35.24 to $45.77 California minimum wage effective 110112023 is $15.50 per hour. 01203.0021/914449.1 24 Version 2023.08.17) D-27