CC Resolution 2017-026RESOLUTION NO. 2017 - 026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES'
ASSOCIATION
WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the
La Quints City Employees' Association, the recognized organization representing its
members, hereinafter referred to as "Association," have met and conferred over
wages, hours, terms, and conditions of employment pursuant to Government Code
3500, as amended; and
WHEREAS, the City and the Association have negotiated a Memorandum of
Understanding for the period commencing on July 1, 2017, and terminating June 30,
2018; and
WHEREAS, the City and the Association have agreed upon a 3% structure
adjustment increase to the Salary Schedule effective June 26, 2017, as set forth in
Exhibit A; and; and
WHEREAS, the Association ratified the Memorandum of Understanding on May
25, 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City does hereby ratify and approve, ratify and authorize
implementation of each economic and non -economic benefit and right set forth in the
Memorandum of Understanding between the City and the Association, attached and
incorporated herein as "Exhibit A" and said to the extent the City may legally do so in
accordance with the time constraints of said Memorandum of Understanding.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quints City
Council held on this 20th day of June, 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2017-026
LQCEA MOU
Adopted: June 20, 2017
Page 2 of 2
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LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
.�444AJ;1,
SUSAN MAYSELS, City Cle
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into by and
between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES'
ASSOCIATION ("Association").
WHEREAS, the City and the Association have met and conferred in good faith
with respect to the wages, hours, and terms and conditions of employment of City
employees and all other subjects within the scope of bargaining under the Meyers-
Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an
agreement that they wish to set forth in writing in the form of this MOU;
NOW, THEREFORE, the City and the Association agree as follows:
SECTION 1: TERM.
This MOU shall take effect on July 1, 2017, and shall remain in effect for one (1) year
through and including June 30, 2018.
SECTION 2: SALARY
The 2017/18 Salary Schedule reflects the 3% structure adjustment agreed upon by the
City and Association. The document is attached hereto as Exhibit 1, and by this
reference made a part hereof, shall become effective on June 26, 2017, and shall
remain in effect during the full term (July 1, 2017 through June 30, 2018) of this MOU,
unless modified in writing by mutual agreement of both parties.
SECTION 3: PAY FOR PERFORMANCE CLASSIFICATION AND COMPENSATION
SYSTEM
A. Pay for Performance Compensation Methodology. Pay increases retroactive to
July 1, 2017 shall be based upon individual performance review ratings for the year
ending June 30, 2017 as follows:
If more than 2 steps below the job
rate:
If only one step below the job rate:
Overall
Performance
Rating
NI
SU
EX
No
increase
1 step
2 steps
NI
SU
EX
No
increase
1 step
1 step +
Performance
Pool
If at or above job rate:
NI
SU
EX
Performance
I Pool
No
increase
No
increase
2017/18 MOU -1-
The City Council has the discretion to establish the total performance pool for
all City of La Quinta employees for performance evaluations, which has already been
budgeted at $33,000 for Fiscal Year 2017/18.
B. Market Survey. The parties agree to a full market survey performed by Fox
Lawson & Associates prior to June 30, 2018, and every 3rd year thereafter. Animal
Control will be removed from the Code Enforcement job description prior to the survey.
Recommendations from Fox Lawson & Associates will be considered for potential
adjustments to the existing salary ranges based on the market survey data. Any
adjustments made to the existing salary ranges shall be considered PERSable
adjustments.
C. Overall Performance EvaluationRatin_c ss. The City will create a Project Action
Team consisting of up to 3 staff selected by Management and 3 staff appointed by
LQCEA work on improvement of the performance review process. City shall provide
the Association with the overall performance evaluation ratings only (no employee
names), identifying the number of ratings falling into each rating category, no later
than October 31 each year.
D. Request for Reconsideration of Performance Evaluation Rating. City and
Association agree to follow the guidelines provided in the "Request for
Reconsideration of Performance Evaluation Rating" as the basis for reviewing
performance evaluation ratings of employees who choose to utilize same. These
guidelines in no way alter the Personnel Policies Section 12.10.2, which states
performance evaluations are not grievable.
SECTION 4: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
Effective January 1, 2017, the parties agree to the maximum contribution by the City
of $1,515.00 per month. The parties further agree to reopen negotiations in August
2017 in order to meet and confer on the amounts paid by the City and employees for
insurance coverage for the next calendar year.
A. Contributions. The employee contribution for insurance coverage shall be paid
by payroll deduction as a condition of enrollment and continuous insurance coverage.
The benefits, terms and conditions of coverage shall be governed by the formal plan
documents.
B. Dot --out of City Coverage. Personnel Policy Section 14.05 states that an
employee who provides the City evidence of medical insurance under a separate
policy and requests to be deleted from the City's coverage shall receive $250 per
month as an in lieu payment. Should such other coverage subsequently be
unavailable to the employee, the employee shall have the right to seek reinstatement
to coverage under the City's policy upon written request. In such a case, the City shall
reinstate the employee's coverage and cancel the in lieu payment if reinstatement is
permitted under the provisions for reinstatement then in effect with the City's health
insurance provider.
2017/18 MOU -2-
C. Flexible Spending Plan. The City has implemented a Flexible Spending Plan
through Total Administrative Services Corporation (TASC) for interested employees.
The City has paid the initial one-time enrollment fee of $350.00 and will pay the
$15.00 per employee enrollment fee for new employees who elect to join, and those
employees who participate will pay the monthly administration fee and optional
medical reimbursement debit card fee through payroll deduction.
SECTION 5: EDUCATIONAL INCENTIVE PROGRAM.
Section 15.25 The City's Personnel Policy will be updated to reflect that all employees
are eligible for tuition reimbursement not to exceed $30,000 during the term of this
MOU at a maximum of $3,000 (or 10%) per employee.
SECTION 6: MANAGEMENT RIGHTS.
Except as limited by the terms of this MOU, the City retains sole and exclusive right to
manage its operations and direct its work force using any or all of the powers and
authority previously exercised or possessed by the City or traditionally reserved to
management, including but not limited to the right to determine its organization and
the kinds and levels of services to be provided; to direct the work of its employees; to
assign work from one classification of employees to another, including work currently
performed by employees in the classifications covered by this MOU; to establish work
standards and levels of required performance; to utilize part-time or temporary
employees; to pay wages and benefits in excess of those required by this MOU; to
select, modify, alter, abandon, or modernize methods of conducting its operations; to
build, move, modify, close, or modernize facilities, machinery, processes, and
equipment; to establish budgetary procedures and allocations; to determine methods
of raising revenues; to sublet and subcontract work except work currently performed
by City employees; to take all necessary action in the event of an emergency; to
establish and amend rules of conduct and to impose discipline and discharge; to
establish and amend rules for safety and health; to select, hire, classify, reclassify,
assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand,
discipline, suspend, discharge, lay off, and rehire employees; to determine job content
and to create, combine or modify job classifications and rates or classes of pay; and to
exercise all other customary powers and authority of management, regardless of
whether the City has exercised such power previously. Nothing in this provision shall
be construed to restrict grievances concerning any part of this MOU. In the event of
an emergency, the City may amend, modify or rescind any provision of the MOU. Such
amendment, modification or rescission shall remain in force only for the period of the
emergency. The City shall have the sole and complete discretion to declare that an
emergency exists for the purposes of this Section. City retains the right to reopen
negotiations during the term of this MOU for the purpose of meeting and conferring
on implementation of furlough days.
SECTION 7: NON-DISCRIMINATION.
All personnel decisions and actions, including but not limited to appointments,
promotions, demotions, transfers, layoffs, and discharges, shall be made without
regard to race, color, creed, sex, marital status, age, national origin or ancestry,
physical or mental disability, medical condition, sexual orientation, or any other
2017/18 MOU -3-
unlawful consideration. Further, the City shall not discriminate against any employee
based upon his/her activity on behalf of his/her membership in any employee
association or group.
SECTION 8: HOURS.
Employee hours of work shall be as stated in the City's Personnel Policies unless
superseded as provided in Section 14 herein.
SECTION 9: HOLIDAYS.
Holidays shall be recognized as provided in the City's Personnel Policy.
SECTION 10: VACATION.
Vacation accrual shall be as provided in the City's Personnel Policies unless
superseded as provided herein.
SECTION 11: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless
superseded as provided herein.
SECTION 12: CalPERS RETIREMENT
A. Employer/Employee Obligations. For purposes of the City's election to pay to
the California Public Employees' Retirement System (CaIPERS), effective July 1, 2013,
the City shall pay to CalPERS on behalf of each full-time, regular employee, the
required employer contribution, and an amount equal to 0% of the required member
contribution to CalPERS. Effective July 1, 2013, each full-time, regular employee shall
pay an amount equal to 100% of the required member contribution to COWERS, not to
exceed eight percent (8%).
B. Public Em la ees' Retirement System PERS Retirement Formulas for New
Hires. Any employee hired on or after January 1, 2013 shall be subject to the following
retirement formulas with the retiree's annuity based on the average of the employee's
three (3) highest paid consecutive years, in accordance with the City's contract with
PERS and the Public Employees' Pension Reform Act of 2013 (PEPRA):
Classic Employees (current PERS members) hired on or after January 1, 2013: 2% @ 60
New Employees (new PERS members) hired on or after January 1, 2013: 2% @ 62
C. Unused Sick Leave Election. Government Code Section 20965 and the City's
contract for retirement benefits with CaIPERS permits conversion of unused sick leave
to service credit, pursuant to certain restrictions. Upon retirement, employees are
required to complete the "Unused Sick Leave Election Form" prior to receiving their
final paycheck. Upon retirement, employees will have the option of selecting one of
the following: (1) receiving payout for the full amount of unused sick leave (pursuant
to the payout schedule contained in Personnel Policy Section 14.20.4, as amended by
this MOU); (2) receiving payout for a set amount of unused sick leave, and requesting
conversion to service credit of the remainder; or (3) converting the entire amount of
2017/18 MOU -4-
unused sick leave to service credit, waiving their right to a payout for unused sick
leave.
SECTION 13: COMPUTER LOAN PROGRAM.
The City agrees to continue the Computer Loan Program (Program) and to fund the
Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750
per employee. Any employee who has participated in the Program and has paid
his/her loan in full may participate again if there is money available after those
employees who have not previously participated have been funded.
SECTION 14: ALTERNATE WORK WEEK SCHEDULE.
The City and Association agree to continue the Alternate Work Week Schedule
("AWWS"), utilizing a 9/80 schedule, whereby employees may elect to participate in
the AWWS by working eight 9-hour days and one 8-hour day, with every other 8-hour
day off. The AWWS will continue for the term of this MOU, or until cancelled by
Management, whichever occurs sooner.
SECTION 15: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT LA QUINTA WELLNESS
CENTER OR DESERT RECREATION DISTRICT FITNESS CENTER.
The City agrees to subsidize the cost of membership at either the La Quinta Wellness
Center or the Desert Recreation District's Fitness Center. City employees may submit
their paid receipt for La Quinta Wellness Center or Desert Recreation District
membership to the City's Finance Department for reimbursement of $40.00 toward
their annual membership fee.
SECTION 16: PERFORMANCE REVIEW/TRANSPARENCY PROCESS.
The City agrees to the following with regard to the performance review and
transparency process:
16.1 Review Period: Annual Performance Reviews will be completed between
July 1 and September 30 for the previous fiscal year ending on June 30.
16.2 Association Survey: Association may survey its members for input
regarding the performance review process and may provide survey results to City for
consideration. Any changes to the Performance Evaluation form shall be a subject of
the meet and confer process.
16.3 Labor/Management Committee: City and Association agree to form a
Labor/Management Committee (LMC) that may meet three (3) times per year at the
request of either party to address concerns regarding employee relations. The LMC is
not authorized to change the MOU or to settle any grievance being processed under
the MOU.
SECTION 17: SOLE AND ENTIRE AGREEMENT.
It is the intent of the parties hereto that the provisions of this MOU shall supersede all
prior agreements, memoranda of agreement or memoranda of understanding, or
contrary salary and/or personnel rules and regulations, administrative codes,
2017/18 MOU -5-
provisions of the City (other than the Municipal Code), whether oral or written,
expressed or implied, between the parties, and shall govern the entire relationship
and be the sole source of any and all rights which may be asserted hereunder. This
MOU is not intended to conflict with federal or state law. The Association and the City
agree that all personnel rules not specifically included herein shall be incorporated
herein by this reference. The City reserves the right to add to, modify or delete from
its Personnel Policies, subject to its obligations under the Meyers-Milias-Brown Act.
SECTION 18. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT.
During the term of this MOU, the Association agrees that it will not seek to negotiate
or bargain with respect to wages, hours and terms and conditions of employment,
whether or not covered by this MOU or in the negotiations preceding execution of this
MOU, except as required by specific provisions of this MOU. Despite the terms of this
waiver, the parties may, by mutual agreement, agree in writing to meet and confer
concerning any matter during the term of this MOU.
This MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
0
Linda Evans, Mayor
DATED:
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
2017
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
Moises Rodarte, President
2017/18 MOU -6-
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