CC Resolution 2003-042RESOLUTION NO. 2003-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QU1NTA, CALIFORNIA, APPROVING AND ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LA QU1NTA AND THE LA QUINTA CITY EMPLOYEES'
ASSOCIATION (LQCEA), COMMENCING ON JULY 1, 2003,
AND TERMINATING ON JUNE 30, 2006
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
Section 3500, as amended; and
WHEREAS, the City and the Association have negotiated a Memorandum of
Understanding for the period commencing on July 1, 2003, and terminating June 30,
2006.
WI IE_RF,AS, the Association ratified the Memorandum? of Understanding on,
June 24, 2003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1. The City does hereby 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 Association, attached
hereto and executed on July 1, 2003, 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 1 st day of July, 2003, by the following vote to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2003-042
MOU - LQCEA
Adopted: July 1, 2003
Page 2
DON ADO PH, kfayor
City of La Quinta, California
ATTEST:
�, LL JUNE SAREEK, CMC, Ci Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
t S P �rr-L
M. K THE INE J NSON, City Attorney
City of La Quinta, California
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, 2003, and shall remain in effect through and
including June 30, 2006.
SECTION 2: SALARY.
A. Fiscal Year 2003-04.
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, 2003 through
June 30, 2004) of this MOU. The Schedule set forth on Exhibit 1 provides a 3.50% cost -of -
living increase effective July 1, 2003 to all salary ranges for those employees employed as of the
date of approval of this MOU by both parties.
B. Fiscal Year 2004-05 and 2005-06.
For Fiscal Year 2004-05, 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 -
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Riverside - Orange County area (hereinafter CPI") as measured from April 2003 to April 2004,
effective July 1, 2004. However, in no case shall the amount of the salary increase be less than
two percent (2%) or greater than five percent (5%). For Fiscal Year 2005-06, the salary schedule
established for Fiscal Year 2004-05 shall again be adjusted by the CPI as measured from April
2004 to April 2005, effective July 1, 2005, but in no instance shall the salary increase be less
than two percent (2%) or more than five percent (5%).
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
A. Fiscal Year 2003-04 and Thereafter.
Effective July 1, 2003, City will pay a flat amount of up to $900 per month for the actual
cost of medical, dental, vision and life insurance coverage. If the insurance package selected by
any employee is greater than $900 per month, then the excess shall be at the employee's expense.
The difference between $900 per month and the actual cost of the insurance package for any
employee which is less than $900 per month shall remain with the City. The parties agree to
reopen negotiations each year for the term of this MOU to meet and confer on the amount paid
by the City for insurance coverage. The reopener shall occur within thirty (30) days after
Ca1PERS announces the rate increase or decrease 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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SECTION 4: CALPERS RETIREMENT PLAN
The City agrees to implement the 2.5% at 55 CalPERS retirement plan for all City
employees effective as soon as the City can process the plan amendment through CalPERS. The
City agrees that it shall submit the request for a contract plan amendment to CalPERS no later
than July 1, 2003.
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 Memorandum, 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 Memorandum; 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 Memorandum; 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
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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.
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.
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SECTION 9: HOLIDAYS.
City -paid holidays shall be as provided in the City's Personnel Policies unless superseded
as provided herein.
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.
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 certain portions of the City's Personnel
Policy 7.30.3, to become effective upon the date of execution of this Agreement by the last party
to ratify it. The only amendment to Section 7.30.3 is that the reference to the City's requirement
to supplement salary for an employee on workers compensation up to a period of one (1) year
shall be reduced to a period of six (6) months. However, the City will continue payment of
insurance benefits for a period of nine (9) months.
In addition, City and Association agree that the interpretation of the mileage
reimbursement rate under Section 1.60 of the Personnel Policy is that the reimbursement rate
automatically adjusts to the most current IRS allowance.
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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.
SECTION 14: UNIFORMS.
In addition to any other uniform articles of clothing provided to City employees, the City
agrees to pay for and provide winter windbreakers for ten (10) Public Works crew members and
long-sleeved polo shirts for two (2) Assistant Engineer II positions. These articles of clothing
shall be maintained by the employee to whom they are issued and replaced by the City when no
longer serviceable.
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.
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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.
This Memorandum is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
DATED: , 2003 By:
Don Adolph, Mayor
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
DATED: , 2003 By:
am
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