CC Resolution 2006-074RESOLUTION NO. 2006-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, 'APPROVING AND ADOPTING
AMEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES' ASSOCIATION (LQCEA) COMMENCING ON
JULY 1, 2006, AND TERMINATING JUNE 30,- 2009
WHEREAS, the City of La Quinta, hereinafter referred to as "City and the La
Quinta 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, 2006, and terminating June
30, 2009; and
WHEREAS, the Association ratified the Memorandum of Understanding on
_ July 10, 2006.
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 Quinta
City Council held on this 18th day of July, 2006, by the following vote to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2006-074
La Quinta City Employees' Association MOU
Adopted: July 18, 2006
Page 2
DON ADOL H; or
City of La Quinta, California
ATTEST:
J . GREEK, MM Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KA H RINE J SON, Ci orney
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
roul
NOW, THEREFORE, the City and the Association agree as follows:
SECTION 1: TERM.
This MOU shall take effect on July 1, 2006, and shall remain in effect
through and including June 30, 2009.
SECTION 2: SALARY.
A. Fiscal Year 2006-07.
The Schedule of Salary Ranges (Schedule), which is attached hereto as
Exhibit 1 and by this reference made a part hereof, shall be in effect during the first
year (July 1, 2006 through June 30, 2007) of this MOU. The Schedule set forth
on Exhibit 1 provides a 4.50% cost -of -living increase effective July 1, 2006 to all
salary ranges for those employees employed as of the date of approval of this MOU
by both parties.
B. Fiscal Year 2007-08 and 2008-09.
For Fiscal Year 2007-08, the Schedule set forth on Exhibit 1 shall be
increased by the Consumer Price Index for Urban Wage Earners and Clerical
Workers in the Los Angeles - Riverside - Orange County area (hereinafter CPI") as
measured from April 2006 to April 2007, effective July 1, 2007. However, in no
case shall the amount of the salary increase be less than three percent (3%) or
greater than five percent (5%). For Fiscal Year 2008-09, the Schedule established
for Fiscal Year 2007-08 shall again be adjusted by the CPI as measured from April
2007 to April 2008, effective July 1, 2008, but in no instance shall the salary
increase be less than three percent (3%) or more than six percent (6%).
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
A. Fiscal Year 2003-04 and Thereafter.
The parties agree to reopen negotiations each year in September for the term
of this MOU in order to meet and confer on the amounts paid by the City and
employees for insurance coverage for the next calendar year.
B. 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.
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C. Flexible Spending Plan.
The City agrees to implement . a Flexible Spending Plan through Total
Administrative Services Corporation (TASC) for interested employees. The City
agrees to pay the initial one-time enrollment fee of $350.00 and 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 4: SALARY SURVEY AND INTERNAL CLASSIFICATION STUDY
A. Salary Study
The parties agree that the City shall conduct a salary survey of the same
fifteen (15) comparison cities used in the previous external salary survey for all
represented positions,
with
the salary survey to be completed within
ninety (90)
days after approval of
this
MOU by both parties, and City agrees to
do another
salary survey six (6) months prior to the expiration of this MOU (January 1, 2009).
After
the results of the salary
survey are
completed
and tabulated,
the parties
agree
to meet and negotiate in
good faith
regarding
any changes to
salaries for
represented positions. If any changes to the salary of a represented position are
negotiated, the change will become effective January 1 of the following year. The
City and the Association have agreed upon the forms to be used in the salary
survey.
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B. Internal Classification Study
City agrees to conduct an internal classification study as part of the July
2007 budget preparation. Department Directors will be asked to review all of the
classifications within their department and to make recommendations concerning
reclassification to become effective July 1, 2007. Each Department Director will
allow employees within that department to fill out a reclassification survey and job
analysis as part of this process. After the results of the classification study are
completed and tabulated the parties agree to meet and negotiate in good faith
regarding any changes to salaries for represented positions.
SECTION 5: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to Section
15.25 of the City's Personnel Rules. The total of such reimbursement for all
employees shall not exceed $5,000 during each year of this MOU.
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
397/015610-0005
723427.01 a071UM _Gl_
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.
397/015610-0005
723427.01 a07/13/06 -5-
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 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 herein.
SECTION 9: HOLIDAYS.
City -paid holidays shall be as provided in the City's Personnel Policies unless
superseded as provided herein. City agrees to give employees one-half day off on
Christmas Eve and New Years Eve in years when those days fall on a weekday.
SECTION 10: VACATION.
9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
9.2 Buy-back. Vacation buy-back shall be as provided in the City's
Personnel Policies unless superseded as provided herein.
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SECTION 11: SICK LEAVE.
Sick leave shall be"accrued as provided in the City's Personnel Policies unless
superseded as provided herein.
SECTION 12: PERSONNEL POLICY AMENDMENT.
The City and Association have agreed to modify City Personnel Policy 4.55
to limit the duration of eligibility lists to six months and to allow for supplemental
lists at the request of the Department Director if all candidates on the initial
eligibility list have been interviewed, and the Department Director does not feel that
there is an appropriate match.
In addition, the parties have agreed to modify City Personnel Policy 1.60 to
increase the monthly vehicle stipend for the existing Building Inspectors by $25.00
a month, so long as they remain continuously employed in that position.
SECTION 13: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program (Program) as
set forth on Exhibit 2 and by this reference made a part hereof, and to fund the
Program in the amount of $29,750 for each Fiscal Year during the term of this
MOU. 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.
397/015610-0005
723427.01 a07/13/06 -7-
SECTION 14: RETIREE HEALTH CARE.
City and Association agree to continue good faith negotiations. on
implementing health care for retirees. City and Association agree to appoint a
committee made
up of no
more than three
members
each
from
the City and the
Association to
consider
various retiree
health
care
plans
and to make
recommendations on the implementation of a specific plan for consideration by the
Association and the City Council, The committee shall hold its first meeting within
thirty (30) days after approval of this MOU by both parties, and shall attempt to
make its recommendation to the Association and the City Council by October 1,
2006.
SECTION 15: 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, 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 Rules, subject to
its obligations under the Meyers-Milias-Brown Act.
397/015610-0005
723427.01 a07/13/06 -8-
SECTION 16: 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.
397/015610-0005
723427.01 a07/13/06 -9-
This MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
DATED: , 2006 By:
Don Adolph, Mayor
Laborers' International Union of North
America - Local 777
DATED: , 2006 By:
By:
By:
397/015610-0005
723427.01 a07/13/06 -10-
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CITY OF LA QUINTA
Computer Loan Program
Criteria
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California:
ELIGIBILITY
All full-time employees who have completed probation are eligible. This is strictly a
volunteer program and the employee will use their own time and expense in order to
participate. Also, program parameters such as the maximum loan amount, interest
rate and scope of the program, will be evaluated on an annual basis.
SCOPE
The City has adopted a Windows XP operating system. All computers and other
hardware must be compatible with the Window operating system to be eligible.
The following items are included:
Computers, printers, modems, monitor, scanner, backup devices, hard drive, CD Rom
drives, surge protector, speakers, battery backup, upgrading current equipment,
including memory, CPU motherboard components and warranty costs for up to a one
year period. Software that is commonly used at the City is eligible. Normal
installation costs and sales tax are also included.
The following items are not included:
Software (not included as loaded software in the computer purchase unless commonly
used at the City) and Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
FREQUENCY
Two drawings will be held each fiscal year on July 31 and January 31. After an
employee has participated in the program, the employee will not be eligible again until
all loans are repaid in full and for the next twenty four (24) months after the date of
their previous drawing.
Page 1 of 4
AMOUNT OF LOAN
A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that
an employee is eligible to receive the entire $1,750 and spends less, the remaining
amount cannot be carried over to the next year. For example, if an employee receives
approval to spend up to $1,750 and only requires $1,000, the remaining amount of
$750 cannot be loaned in future years. Loans are awarded based on the availability of
funds.
INTEREST RATE
The interest rate is five (5) percent per year simple interest payable in 26 or 52 equal
installments from the nearest payroll date of the loan. A $1,750 loan would be repaid
in accordance with Attachment No. 1. Early payoff of loans will be for the outstanding
principal at the next payroll date after notification.
SELECTION PROCESS
Eligible employees must submit an intent to participate in the Computer Loan Program
Form by July 31 t and January 31" of each year, subject to available funds.
Employees will be grouped into two classes - New Participants and Repeat
Participants. A separate drawing will be held for each class. New participants have
priority over repeat participants. Repeat participants are not eligible for a drawing until
24 months from their previous drawing have past and all loans are repaid. Any
participant who has defaulted on a previous loan is ineligible for future loans.
The Personnel/Risk Manager will conduct a duly witnessed random blind drawing to
determine the selection order of eligible employees. The first name drawn will be the
first in the selection process and will continue until available funded slots are filled. A
list of each employee participating in the program and the order selected will be
compiled and will be available on request. Employees have sixty days to complete
their purchase from the date of the drawing or when they become eligible, if later.
Each year the City will determine the amount that may be loaned for the Computer
Program. No carryover of unused funds to the next fiscal year is allowed.
As an example, 21 employees apply for the program but only 20 employees apply by
July 31 ". Only 20 employees are eligible for the drawing. The 21' employee may
apply at the January 31 drawing. If the City determines that it can fund $29,750 or
(17 x $1,750) 3 employees will initially not be eligible for the program. A random
drawing is held and 17 numbers are ranked from 1 - 17. The 17 employees purchase
their equipment and they do not spend their entire allocation leaving $3,500. The
remaining $3,500 would be assigned to employees 1 and 2 at the January drawing.
Page 2 of 4
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program by July 31 S`
and January 31 s` of each fiscal year.
The employee is responsible for purchasing the equipment withing sixty days of award,
handling vendor complaints, and maintaining service of the equipment. The computer
equipment will be purchased by the employee in the employee's name. The City's
only role is to provide loans for the purchase and the collection} of the loan.
The City loan is for the purchase of computer equipment and eligible software with
payment by the City for its portion made payable to the computer vendor and not to
the employee. The City will give the check payable to the vendor to the employee. If
the employee purchase is for more than the City loan amount, the employee is
responsible for the difference. The City will not be responsible for any difference nor
will it cosign for any loans. In addition, no City purchase order may be used for any
purchase nor may any employee verbally or in writing represent that the City is
purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vender to accommodate this method of
payment.
Prior to any payments being made, the employee must submit a sales quote for the
items being selected to the Personnel/Risk Manager. After being reviewed for
eligibility, the employee will be notified of any items not qualifying under the Program.
After the sales quote has been reviewed and modifications made, a check to the
computer vendor will be produced. The vendor check will be given directly to the
employee. The employee will then produce a final invoice to the Finance Director
evidencing the transaction. The City will not make a loan if the previously described
steps have not been complied with. For instance, the City will not reimburse an
employee after a purchase has been made by the employee.
REPAYMENT
The employee will sign a slip authorizing withholding of the principal and interest
amount from future paychecks.
Employees who leave the City service before the loan is repaid will pay the remaining
principal and interest in their final paycheck. If the loan amount exceeds the final
paycheck after all other withholdings are made, the employee will pay the remaining
principal amount due with personal funds within one week of leaving City service. It is
the employee's responsibility to make payment. If such payment is not made within
seven days, the employee has deemed to have defaulted on the loan. The City will
commence actions it deems necessary to collect on the remaining loan. Interest will
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continue to accrue after default until repaid in full. Interest may accrue past the two-
year term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court,
City legal resources or other measures necessary for collection. The City will attempt
to recover any costs expended on collecting the loan from the employee.
VENDOR SELECTION
The City has not specified one particular vendor nor does it recommend a particular
vendor. The employee is responsible for selecting a vendor and negotiating the price,
warranty and other terms of the purchase. The City will only pay for up to one year of
warranty costs if the employee has an interest in this area. Those items are listed in
the Scope Section of this Policy.
The employee is responsible for any mailing and service charges not covered by any
warranties.
USE OF COMPUTERS
The City does not restrict the use of this equipment to its employees. The City
encourages employees to use the computers. Employees may not claim hours worked
at home. The City's only criteria is that the computers remain in the employees
residence during the term of the loan and be Windows XP compatible.
If the equipment is returned or sold before the end of the loan, the outstanding
principal and any accrued interest to the next payroll date are due and payable. If the
loan amount exceeds the paycheck, the repayment process described previously will
be followed.
EARLY DUE DATE OF LOAN
The loan is for a two-year period unless the following events occur in which case the
principal and interest is due to the next payday:
• Sale of the Computer
• Moving the computer from the residence
• Return of equipment to the vendor
ATTACHMENT
The following form will be used to document the transaction.
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CITY OF LA QUINTA
COMPUTER LOAN PROGRAM
INTENT TO PARTICIPATE FORM
I, intend to participate in the City of
(Print name)
La Quinta's Computer Loan Purchase Program and will submit necessary paperwork
once I am notified of eligibility.
(Signature) (Date)
PLEASE RETURN TO THE PERSONNEL/RISK MANAGER
CITY OF LA QUINTA COMPUTER LOAN PROGRAM
EMPLOYEE NAME
(Please print)
DATE:
SUPPORTING DOCUMENTATION:
SALES QUOTE $
(Please attach all documentation)
------------------------------------------------------------------------------------------------------------
AMOUNT OF AUTHORIZED LOAN $
have received and read the Computer Loan Policy of the City of La Quinta and
hereby authorize the City to withhold the following amount from my paycheck for
the number of pay periods indicated in the following table:
Number of Pay Periods: (Please circle) 26 ($ ) ;
or
Employee Signature
Date:
Finance Director Signature
Date:
52 ($
PLEASE RETURN TO THE PERSONNEL/RISK MANAGER