Avalon City Council
May 3, 2022

AVALON CITY COUNCIL MEETING WHICH WILL ALSO INCLUDE

A MEETING OF THE CITY COUNCIL ACTING AS

THE AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES AND

THE HOUSING AUTHORITY
TUESDAY, MAY 3, 2022 — 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council.

Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON’S CITY COUNCILand PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and enteringthe Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e Comment. Please use the link below to provide comments via e-Comment.

The meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon .com/meetings *Streaming on Facebook Live: ww.facebook.com/CityOfAvaIonOfficial To submit comments using eComment, please follow this link:
https:I/avalon.ciranicusideas.com
Click the Meetings tab and then Post to comment on the 05/03/2022 meeting.

CALL TO ORDER / PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL

ANNOUNCEMENTS I WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT

CITY COUNCIL/HOSPITAL AGENDA
MAY 3, 2022PAGE 2

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.PRESENTATION — Finance Director Matthew Baker will provide an overview of the progress of the FY 2021-2022 Budget.

CONSENT CALENDAR

1. Minutes
Although the live recording is the official record of public meetings, actions are preparedfor the Council’s approval.

Recommended Action
Approve minutes from the April 19, 2022 regular City Council Meeting.

2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $504,142.16.o One payroll in the amount of $1 85,525.77.o Three electronic fund transfers totaling $70,886.31.

Recommended Action
Approve the disbursements for April 11, 2022 through April 22, 2022 totaling $760,554.24.

3. Fiscal Year 2021-2022 Third Quarter Treasurer’s Report State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances.

Recommended Action
Adopt the resolution accepting the FY21-22 Third Quarter Treasurer’s Report.

4. Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council made findings pursuantto Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required,that the City Council determine that the COVID-1 9 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming May 17, 2022 meeting and thirty (30) days thereafter.

CITY COUNCILIHOSPITAL AGENDA
APRIL 5, 2022
PAGE 3
Recommended Action
Determine that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to haveteleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-1 9, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.

5. Resolution Adopting Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295, Management, Confidential/Unrepresented Labor Associations for the Contract Period July 1, 2022 through June 30, 2025The City Manager has worked cooperatively with all five labor associations and has met with each union multiple times since February 18, 2022; however, at this time, agreements have only been reached with the IAFF, Management and Confidential/Unrepresented labor associations.

Recommended Action
Adopt the resolutions adopting Memorandums of Understanding between the City ofAvalon and the International Association of Firefighters Local 2295, Confidential/U nrepresented and Management labor associations for the contract period July 1, 2022 through June 30, 2025.
** The following item on the Consent Calendar is the City Council acting as the Avalon Municipal Hospital Board of Trustees **

6. CEO’s Board Report
Attached for the Avalon Medical Development Corporation (AMDC) Board of Trustee’s review:

The CEO’s April 2022 Report
Recommended ActionReceive and file the reports.

GENERAL BUSINESS7. Transportation Permit Transfer — Island Bikes to Martin Leyva On March 14, 2022, Martin Leyva submitted a Transportation Permit Application totransfer 30 electric bicycle permits from Island Bikes, previously owned by Matthew Affolder. At the time this report was authored the applicant had no brick-and-mortar location to submit for approval.Recommended Action

1. Consider the application for the transfer of a Transportation Permit from Island Bikes to Martin Leyva, permitting 30 electric bicycles for rental and guided tours. 2. If a transfer is approved, require Leyva to return to City Council with an operations plan adhering to

CITY COUNCIL/HOSPITAL/HOUSING AUTHORITY AGENDA
APRIL 5, 2022
PAGE 3
all conditions set forth in the Avalon Municipal Code and Resolution 21-07 by no laterthan April 30, 2024. ** The following item of General Business is the City Council acting as the HousingAuthority and the City Council.**

8. Water Allocation Transfer Request
In 2017, the City was working on low/moderate housing developments with a housing developer. The project was shelved for several reasons and is no longer being pursued.The 2017 project did make application for a water allocation for 10.38 acre feet with theCity identified as the applicant. Now that water allocations from Southern California Edison (SCE) are in the near term, the City wants to ensure its current, viable projects that are programmed in the current Capital Improvement Plan (CIP) are allocatedsufficient water to move forward.

Recommended Action
Authorize City Staff to submit a request to Southern California Edison to transfer waterallocations from housing projects no longer being pursued to housing projects at 206 E.Whittley and the City Hall Campus.

ADJOURN
NOTICE OF POSTINGI, Devin Elise Hart, declare that the City Council Agenda for Tuesday, May 3, 2022 was posted on Friday, April 29, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410Avalon Canyon Road.

Devin Elise Hart, Administrative Analyst and Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER:__________
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the April 191 2022 Regular CityCouncil Meeting.

REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerk’s office.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
1) April 19, 2022 Regular City Council Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, APRIL 19,2022
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

MINUTES
Due to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-1 9. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e-Comment. Please use the link below to provide comments via e-Comment
CALL TO ORDER-5:0O p.m.

ROLL CALL Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Cinde Cassidy, Lisa Lavelle, Michael Ponce and Yesenia De La Rosa.

Also present: City Manager David Maistros, Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones and City Attorney Scott Campbell. Absent: City Clerk Denise Radde.

WRITTEN COMMUNICATIONS-None.

PUBLIC HEARING

1. TDA Article B Hearing
The Metropolitan Transit Authority (MTA) held a public hearing on the community’s unmet public transit needs in accordance with the Transportation Development Act (TDA) Article 8. TDA Article 8 funds are currently being used by the City of Avalon to fund Avalon’s Consolidated Land Transportation Program which includes DAR and fixed routes.

Mayor Marshall opened the Public Hearing, no comments were made. Mayor Marshall closed the Public Hearing.

PRESENTATION — Finance Director Matthew Baker provided an overview of the progress of the FY 2021-2022 Budget.

CITY COUNCIL MINUTES
APRIL 19, 2022
PAGE 2
CONSENT CALENDAR-There were 3 Items on the Consent Calendar. Motion toapprove Items #1-#3 made by Cinde Cassidy, seconded by Yesenia De La Rosa.(All Ayes)

1. Minutes
Approved minutes from the April 5, 2022 regular City Council Meeting.

2. Warrants
Approved warrants in the amount of $814,198.67, one payroll in the amount of $185,963.02, three electronic fund transfers totaling $104,143.85 for a total of$1,104,305.54 for March 28, 2022 through April 8, 2022.

3. Resolution of Support for LGBTQ Rights and Inclusion Adopted Resolution 22-23 of the City Council of the City of Avalon Supporting LGBTQ Rights and Inclusion.

GENERAL BUSINESS

4. First Extension of CR&R’s Franchise and Lease Agreement Approved the first extension of the franchise and lease agreement with CR&R Incorporated for solid waste, recyclables, green waste, C&D and debris box collection services and solid waste facility operation at the Pebbly Beach Landfill.

Motion to approve made by Anni Marshall, seconded by Lisa Lavelle. (4 Ayes-De La Rosa, Lavelle, Cassidy, Marshall; 1 No-Ponce)

5. Upgrade Avalon Wastewater Treatment Plant Process Air System Authorized the procurement of supplies, equipment and services for the upgrade of the Avalon WWTP process air system for a not to exceed cost of $200,000.00.

Motion to approve made by Cinde Cassidy, seconded by Michael Ponce.(All Ayes) CLOSED SESSION- 6:21 p.m.-7:51 p.m.

Following the appropriate announcement of the Closed Session items the City Council went into Closed Session to discuss the following:

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Maistros, City Manager Employee Organizations:1) Avalon Harbor Employee Association 2) Avalon Municipal Employee Association
3) International Association of Fire Fighters Local 2295 4) Unrepresented/Confidential Employees
5) Management

CITY COUNCIL MINUTES
APRIL 19, 2022
PAGE 3
Following Closed Session Mayor Marshall announced that there was no reportable action.

Mayor Marshall adjourned the meeting at 7:52 p.m.

I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on April 19, 2022, is the official record of the CouncilMeeting and is on file and maintained in City Hall.

La
Gabrietle Morones, Deputy City Clerk I Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM: 2-
ORIGINATING DEP: Finance CITY MANAGER:

PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve the disbursements for April 11, 2022 through April 22, 2022 totaling $ 760,554.24.

REPORT SUMMARY: These disbursements through April 22 are comprised of warrants totaling $504,142.16, one payroll totaling $185,525.77, and other electronic fund transferstotaling $70,886.31.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 34114-34169 $ 504,142.16 04/20/22 PAYROLL 185,525.77 04/22/22EFT -CALPERS UAL 68,735.51 04/11/22EFT - CALPERS RETIREMENT 303.54 04/11/22EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,847.26 04/22/22 TOTAL DISBURSEMENTS $ 760,554.24
GOAL ALIGNMENT: Ongoing meeting of City obligations.FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY21-22 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details CITY Of AVALON
APRIL 11,2022 - APRIL 22, 2022 DISBURSEMENTS
May 3,2022

ITEM DESCRIPTION AMOUNT DATE
CF US BANK WARRANTS CK# 34114-34169 $ 504,142.16 04/20/22 PAYROLL 185525,77 04/22/22EFT - CALPERS UAL 68,735.51 04/11/22EFT- CALPERS RETIREMENT 303.54 04/11/22EFT- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,847.26 04/22/22 TOTAL DISBURSEMENTS $ 760,554.24

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.

APPROVED AND AUDITED THIS3RD DAY OF MAY 2022 I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ANDCORRECT.

AUDIT COMMITTEE- LISA LAVELLE EXECUTED THIS 3RD DAY OF MAY 2022AUDIT COMMITTEE -YESENIA DE LA ROSA FINANCE DIRECTOR -MATTHEW BAKER

CITY OF AVALON
APRIL 11,2022-APRIL 22, 2022 DISBURSEMENTS
May 3, 2022

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
34318 04/12/2022 (8523.91) EDISON VOID34114 04/15/2022 3264.50 AAAO’L INC FUEL - ALL DEPARTMENTS34115 04/15/2022 83.20 AIR SOURCE INDUSTRIES SUPPLIES - FIRE34116 04/15/2022 1,3S0.44 AMAZON CAThTALSERVICES, INC. SUPPLIES - ALL DEPARTMENTS 34117 04/15/2022 79.09 AVALON FREIGHT SERVICES. LLC FREIGHT -ALL DEPARTMENTS34118 04/15/2022 785.00 AVALDN MOORNS & DIVING SERV CE - HARBOR34119 04/15/2022 5,132.00 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT34120 0:115/2022 698.03 BROWN. MARISA RETIREE INSURANCE - 03/2022 34121 04/15/2022 6,108.00 BUFFALO NICKEL SENIOR MEALS - FY2134122 04/15/2022 2,800.00 CALIFORNIA CONTRACTCITIES ASSOC ANNUAL DUES - FY2134123 04/15/2022 3,160.13 CATALINA BEVERAGE CO SUPPLIES -ALL DEPTS 31124 04/15/2022 4,7S9.00 CATALINA BOATYARD INC SERVICE - HARBOR 34123 04/15/2022 17,253.30 CATALINA EX’RESS 2ND HALF 03/2022 34126 04/15/2022 29,07S.85 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THRU34127 04/15/2022 705.87 COOK, AMANDA RETIREE INSURANCE - 04/202234128 04/15/2022 60.09 DANGELD CD SUPPLIES - PUBLIC WORKS34129 04/15/2022 746.66 M.D. DION & SONS, INC. FUEL - HARBOR34130 04/15/2022 226.69 PAPE SUPPLIES - ALL DEPARTMENTS 34131 04/15/2022 9,DS1.94 EDISON UTILITIES - ALL DEPARTMENTS34132 04/15/2022 223.71 FERGUSON WATERWORKS SUPPLIES - PUBLIC WORKS34133 04/15/2022 386.46 GRAINGER SUPPLIES - PUBLIC WORKS34134 04/1S/2022 1,063.70 HIGH TIDE TRADERS UNIFORMS - HARBOR 34135 04/15/2022 3,691.98 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS34136 04/15/2022 534.24 HDTEL METRDPDLE LODGING - IT34137 04/15/2022 37,013.02 IDR ENVIRONMENTAL SERVICES HHW DISPOSAL34138 04/15/2022 286.00 MANAGED HEALTH NETWORK SERVICE - ADMINISTRATION34139 04/15/2022 758.38 MARINE DIESEL SERVICES, INC. SUPPLIES - HARBOR 34140 04/15/2022 2,200.00 MASSEY CONSTRUCTION, LLC SERVICE - PUBLIC WORKS34141 D4/15/2U22 368.69 MCMASTER-CARR SUPPLIES - PUBLIC WORKS34142 04/15/2022 650.00 MICHAEL BAKER INTERNATIONAL SERVICE - PUBLIC WORKS34143 04/15/2022 18,610.35 MOFFATF & NICHOL SERVICE - PLANNING 34144 04/15/2022 7,276.50 MOFFATT & NICHOL SERVICE - PLANNING 34145 04/15/2022 1,491.50 MOFFATT & NICHOL SERVICE - PLANNING 34146 04/15/2022 1,635.25 MOFFATr & NICI-OL SERVICE’ PLANNING 34147 04/15/2022 421.35 MDRAND. DUDLEY RETIREE INSURANCE - 03/202231145 04/15/2022 80.00 MTCCIA TRA!NING -ADMINISTRATION 31149 04/15/2022 4,955.04 NA2A AUTO PARTS SUPPLIES -GARAGE 31150 04/15/2022 1,500.03 OCAMPO, MARINA SUPPLIES - GARAGE31151 04/15/2022 75.00 OFFICE OF PLANMNG & RESEARC NOTICE DF EXEMPTION34152 04/IS/2022 75.00 OFFICE OF PLANNiNG & RESEARCH NOTiCE OF EXEMPTION34153 04/15/2022 75.00 OFFICE OF PLANN’NG & RESEARCH NOTICE OF EXEMPTION 34154 04/15/2022 97.22 QUILL CORP SUPPLIES - ALL DEPARTMENTS31155 D4/1S/2022 6,708.52 RICK S’RUELL RETIREE INSURANCE -FY2234156 01/15/2022 792.41 SEIBERT-SMYTH, SHARON REFUND PARCELS34157 04/15/2022 8,890.10 SIR:A’S CLEANING SERVICE 1ST HALF 04/2022 34158 04/15/2022 1915.03 SOVSECURITY SUPPLIES - IT
34L59 04/15/2022 3,385.09 SUPERION LLC SDFTWARE LEASE - FINANCE Piafl
CHECK
NUMBER

CITY OF AVALON
APRIL 11,2022 -APRIL22, 2022 DISBURSEMENTS
May 3, 2022
S 504,142.16
DATE

ISSUED AMOUNT NAME DESCRIPTION
34160 04/15/2022 5,000.00 TOWNSEND PUBLIC AFIAIRS, INC SERVICE - ADMINISTRATiON34:61 04/15/2022 2,103.18 TRACY, ROBERT RETIREE INSURANCE 202134162 04/15/2022 68,538.77 PARKING CONCEPTS, INC. CONTRACT SERVICES’ 03/202234163 04/15/2022 33.10 UNDERGROUND SERVICE ALERT/SC SERVICE- PUBLIC WOR<S 34164 04/15/2022 1,777.83 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL34165 04/15/2022 173,43 WEST MARINE PRO SUPPLIES - HARBOR 34166 04/15/2022 1,018.56 WILMINGTON PROPELLER SERVICE SUPPLIES - HARBOR34157 04/15/2022 540.15 XEROX CORPORATION COPIER LEASE - ADMINISTRATION34163 04/15/2022 2,510.33 CARROLL STEPHEN 0. REFUND -MOORING LEASE 34169 4/20/2322 240,500.34 ENVIRON STRATEGY CONSULTANTS, ‘NC CONTRACT SERVICES - 12/21, 01/22

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID APRIL 15, 2022
May 3, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTCARSTARPHEN 2/23/2022 106000 CATALINA ISLAND CONSERVANCY ROAD PERMIT HARBORCARSTARPHEN 2/28/2022 38.48 VONS OFFICE SUPPLIES HARBOR CARSTARPHEN 3/1/2022 3,99 WEATHERFLOW WEATHER SERVICE HARBORCARSTARPHEN 3/2/2022 86.80 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 3/4/2022 530.33 DATATEL COMMUNICATIONS PAYMENT SERVICE HARBORCARSTARPHEN 3/9/2022 58.23 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBOR $ 1,777.83 CHECK 34164

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM: 3
ORIGINATING DEP: Finance CITY MANAGER:

PREPARED BY: Matthew Baker, Finance DirectorSUBJECT: Fiscal Year 2021-2022 Third Quarter Treasurer’s Report RECOMMENDED ACTION(S): Adopt the resolution accepting the FY21-22 Third Quarter Treasurer’s Report.

REPORT SUMMARY: State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances. Attached is the Third Quarter Treasurer’s Report for FY21-22.

The purpose of the report is to inform you on a quarterly basis, the City’s cash and investment balances, the investment types, yields, and market values, and to ensure you that the City’sinvestments are in compliance with the City’s adopted Investment Policy.

The report shows that all of the City’s funds are in compliance with its investment policy. Ingeneral, operating cash is held in US Bank checking accounts and the excess cash is invested in California’s Local Agency Investment Fund (LAIF), less than 04% interest, and various certificates of deposit (CD5), earning around 1.60% interest, as of March 31, 2022.The unrestricted cash balance for the third quarter of 2021-2022 totaled $12.01 million. The unrestricted cash balance for the same quarter in the prior year was $5.52 million, whichincluded cash for enterprise funds (e.g. Sewer, Saltwater, and Solid Waste) not available for general government functions. General Fund unrestricted cash was less than $4 million with negative cash balances in the Harbor Fund. The increase in unrestricted cash can be attributed to unprecedented growth in visitor-driven revenues over the past twelve months, significantly exceeding pre-COVID figures, as well as from savings realized by maintaining many of the cost saving measures implemented in response to the pandemic, Whileunrestricted cash balances decreased by $1.16 million from the prior quarter, this is expected due to the seasonality of visitor-driven tax revenues and the timing of major capitalexpenditures.

The cash balance in restricted accounts as of March 31, 2022 totaled $9.53 million, an increase $104 thousand compared to the quarter ended March 31, 2021. The increase isprimarily attributable to budgeted contributions to the City’s landfill trust account and the timing of administrative allowance payments from the Successor Agency to unrestricted cashaccounts.

GOAL ALIGNMENT: Required disclosures.

FISCAL IMPACTS: None
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:

1. FY21-22 Third Quarter Treasurer’s Report

2. CD Investment Report

3. Resolution to Accept the Report
NAME OF ISSUER/riPE OF INVESTMENT

UNRESTRICTED CASH AND INVESTMENTS

US BANK - GENERAL (IIECKING ACCOUNTUS BANK -FAYKOLL ACCOUNT

US BANK - FLEX BENEFI IS ACCOUNT
FEI1Y CASK

PROEQUII IKS -VARIOUS CERT IFICATES OF DEPOSITS

ALL CDS ARE FOIL INSURED)
SILL Il-BANK SECURII IFS -VARIOUS CERTIFICATES OF DEPOSITS

ALL CDS ARE FDIC INSURED

LAIF GENERAL ACCOUNT
[LA LOCAL AGENCY INVESTMENT FEND,
TOT-SL INRESTRIF TED (ASK AND IN’ EST9ILNTS
RESIHIC EED ACCOL NIs:

I SB SNK - FLEX BE\EFI ES ACCOL NTIS BANK - KUL SING AL I KORITY LOW SIODERATE INCCMF lOUSING;
15W -101 SING A) TKORI ES

S BANK - SUCCESSOR AGENCY TO ACIA
LA:F- SUCCESSOR AGENCY EO ACIALS BANK AS TRLSTEE: -SLCCESSOR AGENCY26)3 REFNDING PONDS DEBT SERVICE SERISS A“II’ REFUNDING BONDS DEBT SERVICE - SERIES A A B NOK:HERN I RLS F -CALRECYCLE

CALPERS CERBT TRUST
TOTAL RESTRC[LED AL (OL N IS
TOTAL- B.LAME OF ALL U ( GIN IS

ITY OF AS ALON
QUARTERI.V TREASUBER’S REPORT
THIRD QUARTER ENDED MARCH 31, 2022
Ender he prey’s on IF Seelirn 33646 yE heCal,Fc ma G 0’ em,netl’ Cz!n he Treas-iae, C I;;[ I Esca1 OIr,: sNaIl ren&’rare pa:’ no ‘he Ci’s Co.:nc,I xr.d Ci’ Manager. 11 cIa, q,azerls.dnaCir.a inf7r,r.xLr. Ina II sec_I :r.:—n’saf:heC,I’ TI,aC,,’ ,,tk:o,,’ee, .:(an:ic.pa:edeaEen.l.E.,e:ecI,p,nne,s:sfp,Iheaesls)xmsn’.h EhisquarnerGrepc-ncomolies ailNtSe,,urrenl InsesnmenIPoI:cyadG:edbs ‘c C:’ 6 3113L
0 loOsen Treastrer Dare
B.4_NK BALANCK On IsI-anding Chenlia Deposils In T ranG I BALANCE SIEKD SIATURITS S ALEE

ANN UAE NI SRKET
S .4$4(4[l.70 (952,952.23) 29 I .323.19 S 793,41 2.02 0.1111% On demand S 7s’.-I I [[7 254 0’X 49 34,70 I IS) 6)1314 250,750.08 0)10% 0, demand 35)1.39, 09

9.71.4.54 , ‘ 9.26454 0.00% 0, demand 9’64 54
I)I) 00 ‘ — 900.00 0.00% On demand SIlO Ill)
S93”.’I5 [7 - 930,919.17 .60% II - Isears 910919 IT
5,)’ [79075 ‘ - 011,790.76 I 60% 0 - 4sears 01119076
I 3 I 5.I) 07 . - 9,319,030.37 )).SU, Onde,nand 5.7111.777 14 S 12.019.29111 S 11,119,67571 S 12.014,91431
445’, : , 34,40 3d 0 Ia% On dennara, 14490 C
lIC (9721 1.191. ‘‘.71 ‘mr. Ondenn an,’. I.I3II’1I
4(1767167 — .1.01767167 (I 37% On,Iennan3 4.0-3 4S9I
366557 - ‘ 390. 668.57 0.mr. Ondennarat Tai,.Pi,I.3’
0 446 13.446 07 037% On demarat 2S.IST.I5
0 6 0 6 0. On ,Ien,,a,&: 0 16
‘70 — — 1.7011.01% Ondemam’.
52’I’C.74 - 2,817,031.74 7’C’.3). 74
5549.’i-32’ -
- 320.06527 53d.’5 37
S 9399.330.60 5 9,590,330.69 S 939 9,004 205 21.109,621.00 5 11.710.019.43 S 2.900,00070 SlarSe” Bali ,r - F:.,rce 0s lee::-.’
‘11L91 “100 (
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Report Date: 3/31/2022
City of Avalon Certificate of Deposit Investments
Annual Interest Pmt Next Coupon Maturity Days to Dealer Settled Principal Rate Cusip # Bank Name Yield Schedule Payment Date Maturity
ProEqty 04/13/2021 248,000 1.00% 2,480 Quarterly 04/13/2022 04/13/2026 1,474 05600XCP3 BMO Harris Bank ProEqty 04/14/2021 247,000 0.95% 2,347 Monthly 04/06/2022 04/14/2026 1,475 066519QV4 Bankunited ProEqty 07/14/2021 249,000 0.55% 1,370 Semi-AnnI 7/14/2022 7/15/2024 837 7954507B5 Sallie Mae Bank ProEqty 12/10/2021 248,000 1.10% 2,728 Semi-AnnI 6/10/2022 12/10/2025 1,350 856285ZL8 State Bank of India MBS 04/05/2017 246,000 2.45% 6,027 Semi-AnnI 04/05/2022 04/05/2022 5 02587DN38 Amer Exp Centurion MBS 04/07/2017 246,000 2.40% 5,904 Semi-AnnI 04/07/2022 04/07/2022 7 87164YQB3 Synchrony Bank MBS 04/25/2019 246,000 2.75% 6,765 Semi-AnnI 04/25/2022 04/25/2024 756 61760AZK8 Morgan Stanley Subtotal $ 1,730,000 $ 27,620
Weighted
Average 1.60% 845
ProEqty Cash 13 Pershing LLC Bank of NY Mellon
MBS Cash 70,679 Pershing LLC Bank of NY Mellon
Total $ 1,800,692
All of the Certificate of Deposits listed above are FDIC insured up to $250,000 each.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AVALON/SUCCESSOR AGENCY TO THE AVALON

COMMUNITY IMPROVEMENT AGENCY ADOPTING
THE TREASURER’S INVESTMENT REPORT FOR
FISCAL YEAR 202 1/2022 THIRD QUARTER
The City Council of the City of Avalon/Successor Agency does detenine, find and resolve as follows:

Section 1. The Fiscal Year 2021-2022 Third Quarter Treasurer’s Report is hereby adopted and approved.

PASSED, APPROVED AND ADOPTED this 3l day of May. 2022.

Ann I-I. Marshall -Mayor
ATTEST:

Gabnelle Morones — Deputy City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM:

ORIGINATING DEP: City Attorney CITY MANAGER:

PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Determine that the COVID-19 state of emergency proclaimedby the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of theCOVID-19 emergency, meeting in person would present imminent risks to the health or safetyof attendees, REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings,provided that the physical locations of the legislative body’s members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. Newly enacted AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtualmeetings without having to post the location of the legislative body members attending virtually.

Most public agencies have been holding public meetings using virtual platforms since this time.In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EQ N-29-20 would sunset on September 30, 2021.

On September 10, 2021. the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

Specific Findings Required under AS 361Under AB 361, the City Council can hold virtual meetings without providing notice of the CityCouncil’s teleconference location if the City Council makes the determination that there is a Governor-proclaimed state of emergency, which the City Council will consider in their determination, and one of two secondary criteria listed below exists:

1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
65059.00000 34520481.1

2. The City Council determines that requiring a meeting in person would present an imminent risk to the health or safety of attendees.

COVID-1 9 continues to present an imminent threat to the health or safety of members of the public, and the Governor’s declaration of a COVI D-19 emergency still exists. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is a new variant of the Omnicron variant. The County of Los Angeles recently re-instituted some mandates given the rise in cases.

The City’s economy is dependent upon visitors to the island! the presence of which, increasesthe likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoidexposure to COVID-19 poses an imminent risk to the health or safety of attendees.

Re-Authorization is Required Within 30 Days
The City Council made the findings listed above at its April 3, 2022 City Council meeting.

Consistent with the provisions of Government Code Section 54953(e), the findings must be madeevery 30 days “after teleconferencing for the first time” under AB 361. Thus, if the City Councildesires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that aresult of the COVID-1 9 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming May 17, 2022 meeting and thirty (30) days thereafter.

It is recommended that the City Council make these findings.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.

FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its May 17, 2022 City Council meeting.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: None.
65059.00000 34520481.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM: S
ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: David Maistros, City Manager
SUBJECT: Resolution Adopting Memorandums of Understanding Between the City of Avalon and International Association of Firefighters Local 2295, Management, Confidential/Unrepresented Labor Associations for the Contract Period July 1, 2022 through June

30. 2025.

RECOMMENDED ACTION(S): Adopt the resolutions adopting Memorandums of Understanding between the City of Avalon and the International Association of Firefighters Local 2295, Confidential/Unrepresented and Management labor associations for the contract period July 1, 2022 through June 30, 2025.

REPORT SUMMARY: The 2018-2021 Memorandums of Understanding (MOU5) between the City of Avalon and its five labor associations: International Association of Firefighters Local 2295 (IAFF), Avalon Harbor Employee Association (AHEA), Avalon MunicipalEmployee Association (AMEA), Management and Confidential Employees were adopted on July 16, 2019.

Due to the COVID-19 pandemic and the financial impact of statewide shutdowns, emergency modifications were made to the MOUs on August 4, 2020. These modifications included:

1. All uniform allowances eliminated. Uniforms would only be purchased on an as needed basis.

2. Travel reimbursements, also known as commuter book reimbursements (2 annually), eliminated. (Partially reinstated on December 31, 2021.)

3. Education reimbursements eliminated.

4. Floating Holidays (2 days/16 hours of paid time off) eliminated.

5. When calculating overtime, hours worked” would only be defined as hours actually worked. Vacation hours would no longer be factored into overtime calculations.

6. Accumulation of comp time was eliminated.7. All longevity increases frozen. No retroactive pay would be accumulated.8. Employees could no longer cash out administrative paid time off. A maximum 30 to 40 hours would be carried over year to year.

9. Volunteer Drill Pay, Special Drill Pay were restricted and available only at the Fire Chiefs discretion.

10.Training and Leave Pay, and Association Representative Leave is eliminated.11. Cost of Living and Classification/Compensation Studies were postponed.

Effective March 17, 2020 all step increases were frozen for all employees and a notification was made indicating no retroactive pay would be accumulated during this timeperiod.

These modifications resulted in significant cost savings and helped the City to remain solvent during a very tumultuous time.Though there is still some uncertainty with regard to revenue projections and COVID-19, as the budgetary crisis has passed, the new MOUs restore all of the emergency modifications to the MOUs implemented on August 4, 2020.

To counter the wage freeze that has been in place since 2020, the new MOUs provide allemployees covered by the MOUs a wage increase annually for the terms of the agreements.

Additionally, the new MOUs sunset the Retiree Medical provision that previously granted healthcare benefits equivalent to the City paid maximum contribution to all retiring employees with 20 or more years of service with the City. Current employees will maintain this benefit; however, it will no longer be available to future employees. This amendmentwill limit the financial liability of the City.The City Manager has worked cooperatively with all five labor associations and has met with each union multiple times since February 18, 2022; however1 at this time, agreements have only been reached with the IAFF, Management and Confidential/Unrepresented laborassociations.

FISCAL IMPACTS: Fiscal implications of these MOUs have been integrated into theFiscal Year 2022-2023 Budget.

GOAL ALIGNMENT: Fiscal and organizational stability.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The current MOUs will expire on June 30, 2022.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. IAFF MOU Resolution

2. Confidential and Unrepresented MOU Resolution

3. Management MOU Resolution
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND

THE UNREPRESENTEDICONFIDENTIAL EMPLOYEE ASSOCIATION
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the Unrepresented/Confidential Employee (Confidential Employees) is a recognized employees organization representing employees in the classification of Administrative Analyst— City Manager’s Office, Administrative Analyst— Human Resources, Administrative Analyst II— Human Resources, Administrative Assistant— City Manager’s Office, Assistant Harbor Master, Assistant Planner, Associate Planner,Building Inspector, Community Services Manager, Community Services Supervisor, Deputy City Clerk, Maintenance Superintendent, Management Analyst, Senior Accountant, Senior Administrative Assistant— City Manager’s Office and Senior Planner; and
WHEREAS, the City requested and Confidential Employees agreed to open contract negotiations in February 2022; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and Confidential Employeeson July 16, 2019; and WHEREAS, the COVID-1 9 pandemic caused the City to face a significant and real financial emergency; and
WHEREAS, the MOU article “Exclusive City Rights and Authority,” provides the City with the ability “to take any and all necessary action to carry out the mission of the City in emergencies”; and
WHEREAS, the City Manager used this authority to amend existing MOUs in order to realize significant cost savings for the City’s general fund; and WHEREAS, the emergency modifications to the MOU were adopted on August 3, 2020 and made effective until June 30, 2022; and
WHEREAS, the City has experienced some financial recovery since 2020; andWHEREAS, the new MOU provisions restore the benefits rescinded on August 4, 2020; and
WHEREAS, the Confidential Employees and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and Confidential Employees, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules ofthe City of Avalon; and FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 3 day of May, 2022, by the following vote:

Ayes:

Noes:

Abstain:Absent:

Ann H. Marshall, Mayor
ATTEST: -
Gabrielle Morones, Deputy City Clerk

UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND

UNREPRESENTED/CONFIDENTIAL EMPLOYEES
LPROPOSED TENTATIVE AGREEMENT PROVIDED BY CM ON 4.:19.22

ADOPTED
JULY 1. 2022 — JUNE 30, 2025
0 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
PURPOSE 2NON-DISCRIMINATION 2FULL UNDERSTANDING, MODIFICATION, AND WAIVER 2MUTUAL RECOMMENDATION 3PLEDGE OF COOPERATION 3EXCLUSIVE CITY RIGHTS AND AUTHORITY 3RECOGNITION/UNION MEMBERSHIP 4 PERSONNEL RULES AND REGULATIONS 5ALLOWANCES 5
SPECIAL PAY 6HEALTH CARE 7
ADMINISTRATIVE PAID TIME OFF AND OVERTIME 8RETIREMENT 9LAYOFFS AND SEPARATION 10

LONGEVITY II
COST OF LIVING ERROR! BOOKMARK NOT DEFINED.

SECTION 125 PLAN 13
VACATION AND SICK LEAVE 13
PEACEFUL PERFORMANCE OF CITY SERVICES 16HEALTH AND SAFETY 16DURATION OF AGREEMENT 16 ASSOCIATION CONSIDERATIONS 17
PARITY 17
ALTERNATE WORK SCHEDULE 17HOLIDAYS 18GRIEVANCE PROCEDURE 18DUES DEDUCTIONS 20CATASTROPHIC LEAVE 21

UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as “MOU” and “Agreement”) to promote and provide for hanTionious relations, cooperation and understandingbetween the City of Avalon (referred to hereinafter as “Employer” or “City”) and the NonRepresented Management Employees (referred to hereinafler as “Union”) and the employeescovered herein; to provide orderly means of attempting to resolve misunderstandings ordifferences which may arise under this Memorandum of Understanding; and to set forth theunderstanding of the parties reached as a result of good faith negotiations regarding the wages, hours and other terms and conditions of employment of the employees covered hereby.

NON-DISCRIMINATION
The City and Union recognize the right of the employees to form, join or participate in lawfulactivities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Union in any manner which is unlawfulpursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.The City and the Union agree that no employee will be promoted, demoted, transferred, by-passedfor promotion, disciplined, or discharged or in any way discriminated against because of race,color, sex, age, national origin, disability, veteran status, marital status, mental or physicaldisability, sexual orientation, medical condition, political or religious opinions or affiliations. TheCity and the Union shall reopen any provision of this Agreement for the purpose of complyingwith any final order of the federal or state agency or court of competent jurisdiction requiring amodification or change in any provision of this Agreement in compliance with state or federal antidiscrimination laws. Equal employment opportunity will be extended to all persons in all aspectsof the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION. AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties,and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this MOU are hereby superseded or terminatedin their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms orprovisions contained herein shall not be binding upon the parties hcreto unless made and executed in writing by all pal-ties hereto, and approved and implemented by Avalon’s City Council. 2 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.For the life of this MOU, Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to theAvalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council fonnally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the Union’s members/employees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would be in the best interest of both the Union,employees and City, in the long run, are largely identical and all parties will benefit from acontinuous, peaceful relationship and intelligent, constructive efforts to resolve any differencesthat may arise.The City and the Union have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City’s citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management asallowed by law, unless modified by this Memorandum of Understanding. The rights of the Cityinclude, but arc not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.B. To detennine the existence or non-existence of facts which are the basis of the management dec ision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to he provided to the public.

E. Methods of financing.F. Types of equipment or technology to be used.G. To detennine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation. 3 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will employee is made during the period of suspension of an employee or pending final actionon proceedings to review the suspension. demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City. and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.L. To establish and modify productivity and performance programs and standards.

M. To discharge. suspcnd. demote or othenvise discipline employees for proper cause in accordance with the provisions and procedures set forth in City’s Personnel Rules andRegulations.

N. To detenuine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/•or sahry ranges as needed, and/or to under fill any allocated position.

0. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City’s Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except inemergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management’s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer withthe Union on all matters relating to employment conditions and employer-employee relations including wages. hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Nothing in this Article is intended to modify the City’s obligations under theMeyers-Milias Brown Act.

RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by the Citywho are members of the Management Division on]y, and no other employees, in full—timeemployment of thc City. The MOU shall apply to classifications and positions represented by theManagement Division, which are not reservists, seasonal, temporary or contract employees, or who are otherwise employed in an at-will classification. 4 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
General Unit:

1. Administrative Analyst — City Manager’s Office

2. Administrative Analyst — HR3. Administrative Analyst II — HR

4. Administrative Assistant — City Manager’s Office

5. Assistant Harbor Master6. Assistant Planner7. Associate Planner8. Building Inspector9. Community Services Manager

10. Community Services Supervisor11. Deputy City Clerk

12. Maintenance Superintendcnt

13. Management Analyst14. Senior Accountant15. Senior Administrative Assistant — Administration/City Manager’s Office16. Senior Planner

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, gcnerally contained in the “City of Avalon’sPersonnel Rules and Regulations,” as amended thereafter by City resolutions and Memoranda of Understanding. Thosc rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modificd by this Agreement, unlcssand until modified by mutual agreement of the parties and enacted by the Avalon City council, ifnecessary, in accordance with state laws, ordcrs, rcgulations, official instructions or policies.Where the terms of the City of Avalon’s Personnel Rules and Regulations and this Memorandumof Understanding are in conflict, the tents of this MOU shall prevail.

ALLOWANCES
Uniform Allowance: Employees required in the course of their duties to wear specific standarduniforms (Assistant Harbor Master and Maintenance Superintendent) will be provided those uniforms by the City. The uniform allowance for the Assistant Harbor Master shall be consistentwith the negotiated sum for AHEA. The uniform allowance for the Maintenance Superintendentwill be consistent with the negotiated sum for the AMEA.

Employees that leave the City’s service shall rcturn thcir uniforms to the City on their final day of employment Items not deemed necessary to personal health and safety will be subject to CALPersand will be reported to CALPers as special compensation for “Classic” or “Tier I” employees. 5 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
Laundry Allowance: Full-time employees shall receive a laundry allowance for clothing maintenance and cleaning of three hundred dollars ($300.00) per year. This three hundred dollars ($300.00) shall be paid on the last payroll of the calendar year.

Foul Weather Gear: Employees required to work in foul wcathcr shall be issued new foul weathergear as needed. The determination of whether or not replacement foul weather gear, in the interim,shall rest with the department head.Cell Phone Reimbursement: In accordance with the City’s Mobile Device Policy, employeeswhose job duties include the regular, frequent or ongoing need for a device may receivecompensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form ofa monthly stipend to cover City business-related costs (Option 1), or may be issued a City-ownedmobile device (Option 2), up to the City allowable maximums and with approval in accordancewith policy.Education Reimbursement: Each Department will be allocated $5,000 each year to reimburseemployees pursuing education in job-related programs at an accredited college, university orvocational school. Employees are eligible to receive up to 50% reimbursement on actual costs oftuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will be atthe Department Head’s and City Manager’s discretion. Employees must have been employed hilltime at the City of Avalon for a minimum of one year to be eligible for reimbursement. Theemployee will he required to maintain employment after reimbursement for a minimum of twoyears. The employee shall be reimbursed for actual costs of tuition, books, lab fees or other studentexpenses only upon completion of courses each individual with a grade of “B” or better, orsuccessful completion of courses that do not assign grades. Proof ofsatisfactory course completionand payment must be provided. All course work must be completed during the employees regularlyscheduled time offTravel Rcimburscment: On a semi-annual basis, employees shall receive reimbursement for onesubsidized cross-channel commuter book provided by the Catalina Express. Employees must have been employed full-time at the City of Avalon for a minimum of six months to be eligible forreimbursement.

SPECIAL PAY
Bilingual Pay. When the Department Head determines that a position requires bilingual skills onaverage of at least 10% of the employee’s work time, such an employee in the designated positionmay become eligible for Bilingual Pay. An employee shall first demonstrate a language proficiency ofjob-related terminology acceptable to the Department Head or his designee and the Personnel Officer. Thereafter, the employee shall be entitled to the payment of $25 a month for bilingual pay.
6 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well asspouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be no more than $1,600.00 for a family rate up to the City paid maximum, as definedbelow.The following monthly City maximum contribution benefits shall apply effective January 1, 2019:Full-time employees hired before December 31, 2015:

Status *City Maximum
Employee Only $777.99Employee + 1 $1,283.21Employee + Family $1,600.00Full-time employees hired after January 1, 2016:

Status *City Maximum
Employee Only $667.69Employee+ I $1,171.91
Employee + Family $1,501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of thehealth plan selected by the employee, whichever is lower. The employee must pay either the costof the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies ordeceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteriaset forh by the medical insurance provider.Dental Benefits: The City shall continue to pay 100 % of the employee and eligible dependent’sdental coverage. Once a covered dcpendcnt is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.Life Insurance: The City shall pay one hundred percent (100%) of the premium for a tenn lifeinsurance policy for each eligible employee which shall be based upon a fonula of one times theemployee’s annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This grouptenn insurance is on a non-participating basis, with option to convert coverage upon tenuination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coveragc.Vision Benefits: The City’s contribution for vision insurance shall be 100% employer-paid for family coverage for the term of this MOU. Once a covered dependent is no longer eligible because 7 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined asspouse or child who meets the criteria set forth by the medical insurance provider.

Opt Out Benefit: An employee cannot be enrolled in the City’s dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless theemployec (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the City’s dental, vision or PERS health plan. In suchcases, the City, after determining that a minimum amount of health coverage is provided to theemployee (by their spouse or other coverage), shall pay an employee that has waived coverage acash allowance of $300 per month or pay into the employee’s deferred compensation plan (a planadministered by the City) $300 per month. If the employee wants to have all or a portion of thedeferred compensation payment to be credited towards the dependent coverage cost, then theremaining balance, if any, shall be credited to the employee’s deferred compensation account. Tobe eligible for this “opt out benefit” payment, the employee must provide proof as determined bythe City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to the PERS health plan rules.Physical Exams: The City may authorize annual physical cxaminations for all covered employees.The City shall pay the costs of any such examination not covered by the Employee’s health insurance.

ADMINISTRATIVE PAID TIME OFF AND OVERTIME
Administrative Paid Time Off: Employees exempt from the overtime pay requirements of the FairLabor Standards Act shall not be entitled to, nor be paid, overtime compensation of any kind.Exempt employees shall be granted up to 56 hours of administrative leave per year upon theapproval of the City Manager. Employees may carry over up to 30 hours of unused administrativepaid time off each year. With written approval of the City Manager and Personnel Officer, payoutsof up to 20 hours shall be made annually by the last pay period of each calendar year.After one year from the date of this agreement, and after further analysis of time worked, shall theCity and the Union mutually agree to reopen negotiations regarding this specific article, bothparties agree to limit negotiations solely to this Article.Overtime: The standard workweek shall he forty (40) hours each workweek. However, allemployees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of said employees. In determining overtime, vacation and paid holidays takenduring the week shall be considered as hours worked. Any other leaves of absence shall not beconsidered as hours worked for the purpose of calculating overtime. Overtime shall be paid at therate of time and one-half(l 1/2) for all hours worked over forty (40) in the workweek as definedabove.

If mutually agreed to by the employee, and the Department Head approves in writing of the accumulation, the employee may receive “comp time” as time off with pay in lieu of overtime pay 8 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
for regularly scheduled or irregular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated comp time offshall be rcasonably honored, taking into consideration the needs of the department.Compensatory time must be accumulated consistent with the provisions of the terms of this MOU,with the employee earning one and one-half (1 1/2) hours compensatory time off for each hour ofovertime worked. Comp Time accumulation shall not exceed at any time two hundred and forty(240) hours annually and may only carry forward up to 80 hours of comp time into the next year.Payouts shall be made annually by December 31st of each year.

RETIREMENT
Ca1PERS Contribution:Any employee hired after January 1, 2013 and who meets the definition of a “new member” asdcfincd by Govcrnmcnt Code section 7522.04(f) will be required to pay 50% of the “normal cost”of the defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rateof similarly situated employees, whichever is greater, as specified in Government Code section7522.30. Any new member who has not become vested by having paid the employee’scontribution to PERS for the first five (5) years of continuous service as of January 1,2013, will bc required to pay the employee’s share of the contribution (EPMC) to hind a portion of the cost of the 2% at age 62 retirement formula an amount equal to 8% of compensation earnable on a pretax basis for safety, as specified in Government Code Section 205 16.5(f). Rctirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.Any employee who established CaIPERS membership prior to January 1, 2013 who is already vested after having paid the employee’s contribution to PERS for thc first five (5) years ofcontinuous service, will be required to pay the employee’s share of the contribution (EPMC) to fund a portion of the cost of the 2% at 55 retirement formula an amount equal to 8% of compensation carnabic on a pre-tax basis, in accordancc with Section 20516(f). Effective January 1,2018, the employee’s pre-tax contribution pursuant to Section 205 16(1) shall be increased such that the employee will be required to contribute a hill 8% of pay for miscellaneous members, as specified in Government Code section 20516.5. Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31, 2012 and inaccordance with the City’s contract with CaIPERS, the final compensation provision of Public Employees Retirement Law shall use your highcst average full-time monthly pay rate for 36 consecutive months of employment.Tier II -Three (3) highest year average - For employees hired on or after January 1, 2013 theprovision of Section 7522.32(a) of the Public Employecs Rctircment Law (three (3) consecutiveyears of employment) shall apply to safety members. 9 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
Retirement Formula:Tier I — 2% at 55 — All employees covered under this provision of this MOU hired prior toDecember 31, 2012 shall have their final percentage of final compensation to be provided for eachyear of credited prior and current service determined in accordance with Section 21354.3 of thePublic Employees Retirement Law (2% at 55).

Tier TI — 2% at 62 - All employees covered under this provision of this MOU hired on or afierJanuary 1,2013 shall have their final percentage of final compensation to be provided for eachyear of credited prior and culTent service determined in accordance with Section 7522.20 of the Public Employees Retirement Law (2% at 62) based on Article 4. California Public Employee’sPension Reform Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee’s Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided,however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 ofthe Public Employee’s Retiremcnt Law, an allowance may be continued to a surviving spouseupon the death of a member after retirement.

Rctircc Medical: All ftiIl-time employees hired on or before May 1,2022 that retire after twenty(20) or more years’ service with the City shall have the same medical, dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the healthplan selected by the employee (whichever is lower) as compared to current active employeesenrolled in the PORAC plan for eligible employees and PERS Choice Blue Cross plan for Miscand Safcty Employees. Once a qualified retiree as set forth herein becomes eligible for Medicarethe City shall reimburse for the CaIPERS supplemental medical premium for employee onlycoverage.

LAYOFFS AND SEPARATION
Shall be conducted in accordance with the City’s Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within thebargaining unit where the affected employee held regular status, according to seniority.Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary,provisional, and probationary employees shall be called back to work afler rcgular employees in apreviously held status within their bargaining unit, covered by this agreement. Employees in goodstanding with their performance may be reinstated within two (2) years to a position in which theyhave the availability, qualifications, experience and satisfactory work performance to fulfill therequiremcnts of the position and must serve a new probationary period of six (6) months.

Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it bemandatory for the department head to reappoint a former employee, and only providing the 10 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
employee was in good standing in the perfonnance of assigned job duties at the time of layofLshould he or she desire not to do so. Appointment shall otherwise be in the manner as for originalemployment based on qualifications to determine the most highly qualified individual for theposition and shall be based on merit and ability. Upon reinstatement, any employee so appointedshall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

LONGEVITY
Employees hired on or before December 31, 2014 shall, upon completion of ten (10) or morecontinuous and uninterrupted years’ service, be eligible for longevity pay on an employee’s 10(11anniversary. An eligible employee shall receive longevity pay at a rate commiserate with what isoffered in their department’s union and capped at ten percent (10%).AHEA -Assistant Harbor Master AMEA -Administrative Analyst — HR
AMEA -Account Technician — PayrollAMEA -Management AnalystAMEA -Maintenance Superintendent AMEA - Senior AccountantAMEA -Senior Administrative Assistant — Administration AMEA -Senior Administrative Assistant — City Manager’s Office AHEA Longevity
Employees shall, upon completion often (10) ormorc continuous and uninterrupted years’ service, be eligible for longevity pay on an employee’s anniversary date, in the pay period following thedate of eligibility, as follows:

Years of Service Completed Percentage of Base Salary
10 years thru 14 years 5%15 years thni 19 years an additional 5% (10% total) 20 years an additional 5% (15% total)
AMEA Longevity
Employees hired on or before December 31, 2014 shall, upon completion of ten (10) or morecontinuous and uninterrupted years’ service, he eligible for longevity pay on an employee’s lOanniversary. The Longevity increase will occur in the pay period following the date of eligibility,as follows:
11 UNREPRESENTED/CONFIDENTIAL EMPLOYEES NIOU
Years of Service Completed Percentage of Base Salary
10 years 3%15 years 3%
20 years 3%
For employees hired on or before December 31, 2014 who have already completed ten (10) or more continuous and uninterrupted years’ service, Longevity will be implemented as follows:

Employees with 10 years of service and have already received 1% increase based on previous MOU Longevity terms will receive an additional 2% increase effective at the dateof 2018-2021 MOU approval. The next longevity based increase will occur at the employee’s I cli year of service.
• Employees with 11 years of service and have already received 2% increase based on previous MOG Longevity terms will receive an additional 1% increase effective at the dateof 2018-2021 MOU approval. The next longevity based increase will occur at theemployee’s 15:11 year of service. • Employees with 12 years of service and have already received 3% increase based on previous MOU Longevity terms will not receive an additional increase. The next longevitybased increase will occur at the employ-ces 15 year of seivice. • Employees \vith 13 years of service and have already received 4% increase based on previous MOU Longevity terms will not receive an additional increase. An additional 2% increase will be received when the employee reaches their I 5th year of service. • Employees with 14 years of service and have already received 5% increase based on pievious MOLE Longevity terms will not receive an additional increase. An additional 1% increase will be received when the employee reaches their 15th year of service. • Employees with 15 to 19 years of service and have already recei’ ed 5% increase based on previous MOU Longevity will receive an additional 1% increase effective at the date of 2018-2021 MOU approval. The next longevity based increase will occur at the employee’s 20(11 year of service.
• Employees with 20 years of service and have already received 5% increase based on previous MOU Longevity terms will receive an additional 4% increase effective at the date of 2018-2021 MOU approval.

Public Agency Longevity Pay is compensation earnable within the meaning of Section 20636 of the California Government Code and Section 571(a)(1) of the CaIPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not beconsidered an interruption of service. 12 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
In the event an employee ceases to be employed by the City for a reason other than military serviceor lay-off, all rights to longevity pay shall be forfeited and expire, and if said employee issubsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of any prior employment.

New employees hired beginning January 1, 2015 will not be eligible to receive longevity pay in the future.

SALARY
Employees shall be compensated in accordance to the Wage Schedule attached hereto and incorporated herein as Exhibit A.

Any employee that is currently in Steps shall be advanced to the next Step as of the first full payperiod commencing after the ratification of this MOU. All subsequent Step advancements shalloccur annually beginning with the first hill pay period on or after July 1, 2023 and each hill payperiod on or after July 1 thereafter.

Newly hired/promoted employees shall he eligible to receive 50% of their next Step increase upon the completion of their one year probation and shall receive the balance of the Step increase at thefirst full pay period on or after July 1 and each year thereafter.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.

VACATION AND SICK LEAVE
Quarterly, hill time employees may sell back to City at one-for-one cash out a portion of his or heraccumulated vacation time, up to a maximum of 12 vacation days per year. City shall grant paidvacation leave for all probationary and regular employees represented by the Union according tothe following schedule:Years of Service Completed Accrual Rate0 - 4 years 10 days (2 weeks) 5 - 9 years 15 days (3 weeks)
10+ years 20 days (4 weeks)
The cut-off date for vacation accrual shall be May 31st of each year. No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.

An employee may accumulate a maximum of 60 work days (480 hours) of vacation leave. If anemployee’s vacation leave balance exceeds 480 hours on May 31st of any year, the employee shall 13 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
cease earning vacation leave until the balance is 479 hours or less at the beginning of the month.Except as otherwise set forth herein, accrual and use of vacation leave shall be subject to thePersonnel Rules and Regulations.

An employee may accumulate a maximum of 60 work days (480 hours) of sick leave. If anemployee’s sick leave balance exceeds 480 hours, the employee shall cease earning sick leaveuntil the balance is 479 hours or less at the beginning of the next pay period. In 2026, an employeemay elect to contribute the value of all unused and/or already accumulated sick leave pay in excessof 240 hours, into the City’s 457 plan, HSA, or to elect to receive a taxable cash distribution. TheCity shall cash out up to one half of this bank at 100% of its value on or before December 31,2026.Vacation Leave Buy Down: During the term of this MOU an employee may elect to contributethe value of all unused and/or already accumulated vacation pay in excess of 240 hours, into theCity’s 457 plan, HSA, or to elect to receive a taxable cash distribution. The City shall cash out upto one half of this bank at 100% of its value on the last pay period of each quarter. Saiddistributions may not exceed the normal maximum allowed deferral limits as set forth by the IRSfor thc 457 plan.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowedfor the purpose of preventative medical, dental, and care of a parent, spouse, registered domesticpartner or child. An employee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may he required to provide a comprehensive health statement as to the length of absence from the employee’s health care provider stating any duties the employeecannot perform and any restrictions or light duty requirements. In such events, FMLA and sickleave shall run concurrent. Employees requesting sick leave shall notify their immediatesupervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not he allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance withwritten reports from the employee’s physician, specifying the expected date of delivery and thedate that the employee should cease work. In no event shall an employee return to work afterpregnancy prior to a date fixed by the physician in a signed statement that she is physically able toperform the duties of her position. Every regular employee shall be able to use accrued vacation,compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require asatisfactory statement ofa licensed physician whenever an employee misses work due to an illness,injury or disability. The Department Head or Personnel Officer may require a written statement 14 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
from the attending physician or dentist, or a physician or dentist to whom the department head orPersonnel Officer directs the employee to report, to establish that the employee is or wasincapacitated and unable to perform his duties. The Department Head or Personnel Officer mayrequire a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return to the performance of all of the duties of his position. The physician’s statement must verify than an injury or disability existsor existed, its beginning and ending dates and/or the employee’s ability to return to work withoutpresenting an immediate and significant risk to his own health or safety, or the health and safetyof others, and any other requirement in accordance with the City’s Sick Leave policy located inthe Personnel Rules and Regulations. Abuse of sick leave shall he subject to progressivediscipline, up to and including termination.Management may not require doctor’s verification for sick leave of less than three (3) days unlesssick leave abuse is strongly suspected and reasonably demonstrated.

Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided othenvise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive paymentfor unused sick leave in accordance with the following schedule:

Years of Service Balance Payable
2-4 25 % of accrued and unused sick leave5-9 50% of accrued and unused sick leave 10+ 75% of accrued and unused sick leave
When calculating the total amount payable to an employee upon separation for his or her accruedand unused sick leave, the Personnel Officer shall dctcnnine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and detenninethe highest hourly pay rates for each year of service.

Retirement Health Premium Reimbursement Plan: Upon retirement from City employment, anemployee may transfer unused sick and vacation time accrued amounts to pay for future medical premiums.

An employee is entitled to receive payment for unused sick leave in accordance with the followingschedule:

Years of Service Balance Payable2-4 25 % of accrued and unused sick leave 5-9 50% of accrued and unused sick leave
10+ 75% of accrued and unused sick leave
When calculating the total amount payable to an employee upon separation for his or her accruedand unused sick leave, the Personnel Officer shall detennine the total amount of accrued and 15 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
unused sick leave, allocate an equal portion of such leave to each year of service, and determinethe highest hourly pay rates for each year of service.

PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term ofthis Agreement, they will not cause or condone any strike (including sympathy strikes), walkout,slowdown, sickout or any other job action or stoppage of work by withholding or refusing toperfonn services by union employees during the life of this Memorandum of Understanding.The City agrees that it shall not lock out its employccs during the term of this Agreement. Theterm “lockout” is hereby defined so as not to include the discharge, suspension, termination, layoff,failure to recall, or failure to return to work of employees of the City in the exercise of its rights asset forth in any of the provisions of this Agreement or applicable ordinance or law.Any employee who participates in any conduct prohibited as described above may be subject todisciplinary action, up to and including termination. hEALTH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to pro’idc a safe and healthful work environment. Likewise, it is theduty of each employee to comply with all health and safety regulations of the City and to practicegood safety habits in the perfonimnce of their duties. All persons who drive City Vehicles shallhe subject to the DMV driving record Pull Notice.

The City of Avalon, endeavors to maintain a drug free environment. Shall the City and the Union mutually agree to reopen negotiations regarding this specific article, both parties agree to limitnegotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws,and if any provision of any Article in the Agreement is held or found to be in conflict therewith,said Article shall he void and shall not bind either of the parties hereto. However, such invalidityshall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
• Except as herein provided, this Memorandum of Undetstanding shall be in effect from the date of its ratification until 12 o’clock midnight on June 30, 2025. 16 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its fill and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafler not later thansixty (60) days prior to the termination date of this Agreement.

ASSOCIATION CONSIDERATIONS
City employees who are official representatives of the Association shall be given reasonable timeoff with pay to attend meetings with management representatives, or to be present at hearingswhere matters within the scope of representation or grievances are being considered. The use ofofficial time for this purpose shall be reasonable and shall not interfere with the performance ofCity services as determined by the City.Reasonable access to employee work locations shall be granted to officers of the Association astheir officially designated representatives for the purpose of conducting business within the scopeof representation. In the event an outside business agent or legal representative need be present,the Association shall provide the City with advanced notice. It is agreed that the Associationrepresentative(s) are permitted to conduct Association business during working hours and may useCity facilities accessible to the public provided that such activity does not interfere with the normaloperations of the department or with established safety or security requirements. An employee isentitled to representation in the preparation and presentation of a grievance at any step in thegrievance procedure. Only an employee who is a member of the Association may be representedby the Association. The grievant(s) and one representative are entitled to be released from workfor a reasonable period of time in order to prepare for and present the grievance.Except in case of emergency, reasonable advance written notice shall be given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope ofrepresentation proposed to be adopted by the City Council and shall be given the opportunity tomeet with such body prior to adoption. In case of emergency when the City Council determinesthat an ordinance, rule, resolution or regulation must be adopted immediately without prior noticeor meeting with the Association, the City shall provide such notice and opportunity to meet at theearliest practical time following the adoption of such ordinance, rule, resolution or regulation.

PARITY
Parity as it relates to healthcare benefits and cost of living increases shall remain the same between,IAFF, AREA and AMEA.

ALTERNATE WORK SCHEDULE
Upon supervisor approval, employees may be permitted to work an alteniate or flexible workschedule. 17 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
An employee will fill out a Flexible Schedule Request/Authorization Form which includes an Alternative Work Schedule Agreement.

An example ofan alternate work schedule is a “9/80” work schedule where the employee alternates between a calendar week of four 9—hour days and a calendar week of four 9—hour days plus one 8—hour day. Upon approval of such a request, the City will adjust the start and end of the employee’s workweek (as opposed to calendar week) to begin and end at the 4—hour mark of the 8—hour day. The City shall further determine the actual days to be worked for any employee working a “9/80” schedule.

Alternative work schedules will he evaluated on a continual basis and the City and departmentsupervisor reserves the right to adjust an employee’s alternative work schedule as needed toaccommodate the Citys operational needs.

HOLIDAYS
Paid holidays are authorized and observed as set forth in the City’s Personnel Rules andRegulations.. During the term of this MOU. there shall be twelve (12) regularly scheduled holidays.Holiday time shall constitute eight (8) hours paid at straight time, Employees shall not be required to be in attendance on paid holidays.

Employees whose work load or responsibilities demand they work on designated Holidays may elect to bank the Holiday time (8 hours) to be used within 30 calendar days of the date.

Regular employees may take two (2) personal “floating holidays” per fiscal year. Floating holidays shall be scheduled with the approval of the employee’s immediate supervisor. These personal holidays shall be with pay. Personal holidays shall be used in the year accrued and may not be canied over to a subsequent year or paid off

GRIEVANCE PROCEDURE
A grievance shall be any matter for \vhich appeal is not otherwise provided or prohibited, concerning:

1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay — within one or two workdays of the event grieved. lf after this discussion, he/she does not believe theproblem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor’s immediate superior, if any, in the administrative service. Every effort should be made without delay to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee, or th Union, is not inagreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the 18 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU
informal decision of his/her supervisor or the supervisor’s immediate superior on matters within the statutory scope of representations.

B. Formal Grievance Procedure:

First level of Review: A grievance shall be presented in writing to the employee’s immediate supervisor within ten (10) calendar days of the informal process decision or of the event giving rise to the grievance, whichever is later.The supervisor shall render hisiher decision and comments in writing and return them to the employee within ten (10) calendar days after receiving thegrievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review

2. Further Level or Levels of Review as AppropriateS . The supervisors immediate superior receiving the grievance shall review it, render hisher decision andcomments in writing, and return them to the employee within ten (10) calendardays after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of thetimeline, the employee has the right to move the grievance up to the next levelof review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, hisrepresentative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them tothe employee within ten (10) calendar days after receiving the appeal. If the employee, or the union, does not agree with the decision reached, or if noanswer has been received within ten (10) calendar days, he may present theappeal in writing to the City Managcr. Failure of the employee to take further action within twenty (20) days after receipt of the decision, or within a total oftwenty (20) clays if no decisions is rendered, will constitute withdrawal of the grievance.
4, City Manager: The City Manager or his/her designee should discuss the grievance with the employee. lis.her representative, if any. and with otherappropriate persons. The City Manager may designate an “investigationcommittee,” or an officer not in the nonnal line of supervision, to advisehii:her concerning the grievance. The appointing power shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.

C. Grievance Arbitration:

Within ten (10) working days of the receipt of the City Managefs final decision, the Union may request arbitration by tiling a written request. Therequest for arbitration shall be in writing to the Department Head with a copysent to the Personnel Officer.

2. If either the City or the Union so requests. the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance shal] he conducted until the issue of arbitrahility hasbeen decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee’s request for arbitration, from the California State Mediation and Conciliation Service.
19 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person isnot mutually agreed upon, the parties shall within five (5) days after receipt ofthe list of names alternately strike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

5. The City and the Union shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certificd court reporterare optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall beborne by the party incurring them, and neither party shall be responsible for theexpense of witnesses called by the other. However, if eithcr party declines theuse of a court reporter, the party requesting the court reporter shall pay the entirecost of employing the court reporter.

6. The arbitrator’s review is limited to the interpretation of this MOU and/or City’s Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall bc made in writing within thirty (30) working days of the close ofthe hearing or the submission of written briefs.The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

I. The time limits specified above may be cxtcndcd to a definite date by mutual agreement of thc employee and the reviewer concerned. If an employee receivesno response at a particular level, he/she may proceed to the next appropriatc level of review.

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his gricvancc at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head inconferring about presenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

DUES DEDUCTIONS
Upon receipt of a lawfully executed written authorization from an employee, the City agrees to deduct the current regular Union dues each payroll period and remit such deductions once eachpayroll period to the dully elected treasurer of the Association within seven (7) working daysfollowing the end of the payroll period. The Association will notify the City, in writing, ten (10)working days prior to any change in the regular Union dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor any request of this nature other than for Union dues. Deduction of dues will be made by the City whenother payroll deductions are made and will begin with the pay for the first full pay period followingreceipt of the authorization by the Association. 20 UNREPRESENTED/CONFIDENTtAL EMPLOYEES MOU
Any employee, upon ten (10) working days’ notice to the City and the Association, may revoke his/her dues deduction and shall submit such revocation form to the City’s payroll division.

The City and the Association agree to provide Dues Deductions Authorization fornm and Notice to Stop Dues Deduction forms to its members.

The Association agrees to indemnify and hold the City harmless against any and all claims, suits.orders and judgments brought and issued against the City as a result of any action taken or nottaken by the City on account of payroll deduction of Union dues.

CATASTROPHIC LEAVE
A permanent employee may he granted a Catastrophic Leave for up S weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee’s spouse. parent. child,sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee’s household for whom there is a persona] obligation.Catastrophic illness or injury is a serious non-work-related health condition which incapacitatesthe employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off ifemployed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment. or physical or mental condition that is present for a minimum of seven calendar days, and that involves:

I. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days ti-cm work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.): or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke. tenninal disease, etc.); or

5. An al,sence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personalmedical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave.overtime, holiday, administrative leave. comp time. vacation), in a calendar year, to a City employee(s), when an employee or the employee’s family member has suffered a catastrophicillness or injury.II. ELIGIBILITY A. The Personnel Officer must determine that the RECIPIENT:
21 UNREPRESENTED/CONFIDENTIAL EMPLOYEES MOU

1. is unable to work;

2. has exhausted all applicable accrued paid Leave hours;

3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA:

5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a “Request for Catastrophic Leave” form.

B. A Personnel Officer must determine that the DONOR:

1. will donate no more than 40 hours in total donations in a calendar year;

2. is donating in whole-hour increments; and

3. has completed a Donation for Catastrophic Leave” fonn: and

4. the donor’s bank cannot drop below 40 hours.

Notes:
• Once donated, hours cannot be returned to the donor.• Donations are exchanged for an hour-for-hour basis regardless of pay rate. • Donor par icipation will be confidential.• An employee that has applied to reccive Worker’s Compensation benefits is not eligib]e to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

Date:

Con tident i a I /Unrepresen ted
Representatives
David M. Maistros David HailCity Manager
Jamie Hmielak
22 EXHIBIT A
City of Avalon
Classification and Wage Schedule
Unrepresented/Confidential Employees
Effective July 1,2022
‘1sE25 ..
rtzEzIiz ?
E 31 Hourly 31.49 33.06 34.72 36.45 38.27 39.04 39.82
Si-weekly 2,519 2645 2.777 2,916 3,062 3123 3,186
Monthly 5.458 5,731 6.017 6,318 6,634 6,767 6,902
Annual 65,496 68,771 72.209 75,819 79,610 81,203 82.827 E 31 Hourly
g4flf.’rt”r •::

Administrative Analyst II - HR E 38
Classification Title
Administrative Assistant - CM
Classification
NE 15
Assistant Harbor Master E 51 Hourly
Classification Title
Assistant Planner
Classification Title
Associate Planner
12 -v.a Litul!La
E 30

31.49 33.06
Si-weekly 2,519 2,645
Monthly 5,458 5,731
Annual 65,496 68,771
fl

37.43 39.30
Period
6,017
2,777

34.72 72,209
Step 3
Hourly
7,153
3,301

41.27 85,834
Si-weekly
Hourly
Period
2,458
Monthly 5,325
Annual 63.898
E 37 Hourly 36.52
Si-weekly 2.921
Annual
Monthly
5,591
2,581
67,093
Step 2
3,067

38.34 6.330 6,646
75,955 79.753
Step 8
7,040
3,249

40.62 84,483

36.45 38.27 39.04 39.82 40.62
2,916 3,062 3,123 3,186 3,249
6,318 6,634 6,767 6,902 7,040
75,819 79,610 81,203 82,827 84,483
7,511
3,466

43.33 90,126

45.50 46.41 47.33 48.28
Si-weekly 2,994 3,144 3,640 3,712 3,787 3,862
Monthly 6,488 6,812 7,886 8,044 8,205 8,369
Annual 77,854 81,747 94,632 96,524 98,455 100,424
prn’ —
Hourly 21.21 22.27 23.39 24.55 25.78 26.30 26.82 27.36
Si-weekly 1,697 1,782 1.871 1,964 2,063 2,104
Monthly 3,677 3,861 4.054 4,256 4,469 4,558
Annual 44.120 46.326 48,642 51,074 53,628 54,700
Period Step I a
4,650
2,146

55.794
4,743
2,189
56,910

51.60 54.18 56.89 59.73 62.72 63.97 ‘65.25 66.56
Si-weekly 4,128 4,334 4,551 4,778 5,017 5118 5,220 5,324 Monthly 8,944 9,391 9,860 10,353 10,871 11,088 11,310 11,536 Annual 107,322 112,688 118,323 124,239 130,451 133,060 135,721 138,436 cttnnturtr
Period Step I

30.72 32.26 33.87 35.56 37.34 38.09 38.85 ‘39.63
2,710 2,845 2,987 3,047 3,108 3,170
5,871 6,164 6,472 6,602 6,734 6,869
70,448 73,970 77,669 79,222 80,807 82,423

40.26 42.27 44.39 45.27 46.18 47.10
3,221 3,382 3.551 3,622 3,694 3,768
6,978 7,327 7,694 7,848 8,005 8,165

83.740 87,927 92,324 94,170 96.054 97,975
Classification Title
Administrative Analyst - CM
Classification Title
Administrative Analyst - HR
Step 2 Step 5

EXHIBIT A
City of Avalon
Classification and Wage Schedule
Unrepresented/Confidential Employees
Effective July 1, 2022
LIDTh’U’ fl• 1WC1
Building Official I Public Works E 44 Hourly 43.41 45.58 47.86 50.25 52.76 53.82 54.89 55.99 Si-weekly 3,473 3,646 3,828 4,020 4,221 4,305 4,391 4,479 Monthly 7,524 7,900 8,295 8,710 9,145 9,328 9,515 9,705 Annual 90,287 94,801 99,541 104,518 109,744 111,939 114,178 116,461 -
E 46 Hourly 45.60 47.88 50.28 52.79 55.43 56.54 57.67 58.83 Bi-weekly 3,648 3,831 4,022 4,223 4,435 4,523 4,614 4,706 Monthly 7,905 8,300 8,715 9,151 9,608 9,801 9,997 10,196 Annual 94,857 99,600 104,580 109,809 115,300 117,606 119,958 122,357 r’Tnin ri2!1t!fl’1LEL±wE E1F4C
Community Services Supervisor E 37 Hourly 36.52 38.34 40.26 42.27 44.39 45.27 46.18 47.10 Bi-weekly 2,921 3,067 3,221 3,382 3,551 3,622 3,694 3,768 Monthly 6,330 6,646 6,978 7,327 7,694 7,848 8,005 8,165 Annual 75,955 79,753 83,740 87,927 92,324 94,170 96,054 97,975 [rwwnrnr1r
ic !flJ
Deputy City Clerk / Senior NE 33 Hourly 33.08 34.74 36.47 38.30 40.21 41.02 41.84 42.67 Bi-weekly 2,647 2,779 2,918 3,064 3,217 3,281 3,347 3,414 Monthly 5,734 6,021 6,322 6,638 6,970 7,110 7,252 7,397 Annual 68,811 72,252 75,865 79,658 83,641 85,314 87,020 88,760 L EflM Period

34.76 36.50 38.32 40.24 42.25 43.09 43.95 44.83
2,781 2,920 3,066 3,219 3,380 3,447 3,516 3,587
6,025 6,326 6,642 6,974 7,323 7,469 7,619 7,771
72,295 75,910 79,705 83,691 87,875 89,633 91,425 93,254 Ut— tn.

39.30 41.27 43.33 45.50 46.41 47.33 48.28
3,144 3,301 3,466 3,640 3,712 3,787 3,862
6,812 7,153 7,511 7,886 8,044 8,205 8,369
81,747 85,834 90,126 94,632 96,524 98,455 100,424
Is!5!!ltiDt iC’9!

32.28 33.89 35.58 37.36 39.23 40.02 40.82 41.63
2,582 2,711 2,847 2,989 3,138 3,201 3,265 3,331
5,594 5,874 6,168 6,476 6,800 6,936 7,075 7,216
67,133 70,490 74,014 77,715 81,601 83,233 84,897 86,595 Community Services Manager
Classification Title
Management Analyst
[tjfif;
Maintenance Superintendent
E 35
Period
Annual
Monthly
Bi-weekly
Hourly
I Step I
Classification Title
Senior Accountant
E 38
Annual
Monthly
Bi-weekly
Hourly
6,488
2,994

37.43 77,854
1ILS
Step 4
çiod
Step 6
E 32
Annual
Monthly
Bi-weekly
Hourly

EXHIBIT A
City of Avalon
Classification and Wage Schedule
Unrepresented/Confidential Employees
Effective July 1,2022
ssiftcation Title
Senior Planner
-
E 42
irunmiut- QLtiis
Senior Administrative Assistant -CM NE 21
Period I Step 1 s
Annual
Monthly
Bi-weekly
Hourly
7,161
3,305

41.32 85.936
Period Step ‘I .
tnrc’.1 LEJ C’W$ 1fl

43.38 45.55 47.83 50.22 51.22 52.25 53.29
3,470 3.644 3.826 4,018 4,098 4,180 4.263
7,519 7,895 8.290 8,705 8,879 9,056 9,237
90,233 94.745 99.482 104,456 106,545 108,676 110,849
tflWic.b‘9unW.

25.83 27.12 28.48 29.90 30.50 31.11 31.73
2,066 2,170 2,278 2,392 2,440 2,489 2,538
4,477 4,701 4,936 5,183 5,286 5,392 5,500

53.723 56,410 59,230 62,192 63,435 64,704 65,998
Hourly 24.60
Bi-weekly 1 ,968
Monthly 4,264
Annual 51,165
Newly hired/promoted employees shall be eligible to receive 50% of their next Step increase upon the completion of their one year probation and shall receive the balance of the Step increase at the first full pay period on or after July land each year thereafter.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND

THE MANAGEMENT EMPLOYEE ASSOCIATION
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the Management Employee Association (Management Employees) is a recognized employees organization representing employees in the classification of Assistant City Manager, Community Services Director, Finance Director, Fire Chief, Harbor Master, Planning Director, and Public Works Director; and WHEREAS, the City requested and Management Employees agreed to open contract negotiations in February 2022; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the termsand conditions of employment contained in the MOU; and WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and Management Employeeson July 16, 2019; and WHEREAS, the COVID-1 9 pandemic caused the City to face a significant and real financial emergency; and
WHEREAS, the MOU article “Exclusive City Rights and Authority,” provides the City with the ability “to take any and all necessary action to carry out the mission of theCity in emergencies”; and WHEREAS, the City Manager used this authority to amend existing MOUs in order to realize significant cost savings for the City’s general fund; and WHEREAS, the emergency modifications to the MOU were adopted on August 3, 2020 and made effective until June 30, 2022; and
WHEREAS, the City has experienced some financial recovery since 2020; andWHEREAS, the new MOU provisions restore the benefits rescinded on August 4, 2020; and
WHEREAS, the Management Employees and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and Management Employees, a copy of which accompanies this City Council item and isincorporated by reference herein; and BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions toimplement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 3 day of May, 2022, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

MANAGEMENT MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND

MANAGEMENT

TENTATIVE
PRO\T IDE D
JUNE 1, 2022 — JUNE 30, 2025

ADOPTED

PROPOSEDAGREEMENT
BY CM ON 4/18/22
0 MANAGEMENT MOU

TABLE OF CONTENTS
PURPOSE 3
*** NON-DISCRIMINATION 3
FULL UNDERSTANDING, MODIFICATION, AND WAIVER 3MUTUAL RECOMMENDATION 4PLEDGE OF COOPERATION 4EXCLUSIVE CITY RIGHTS AND AUTHORITY 4RECOGNITION/UNION MEMBERSHIP S PERSONNEL RULES AND REGULATIONS 6LAYOFFS AND SEPARATION 6 SECTION 125 PLAN 6
PEACEFUL PERFORMANCE OF CITY SERVICES 7
HEALTH AND SAFETY 7SAVINGS CLAUSE 7DURATION OF AGREEMENT 7 ASSOCIATION CONSIDERATIONS 8
PARITY 8DUES DEDUCTIONS 8RETIREMENT & BASE COMPENSATION 9CATASTROPHIC LEAVE 11 1 MANAGEMENT NIOU
ALLOWANCES 12
HEALTH CARE 13
ADMINISTRATIVE PAID TIME OFF 14
HOLIDAYS 14
COST OF LIVING ERROR BOOKMARK NOT DEF[NED.GRIEVANCE PROCEDURE 15 VACATION AND SICK LEAVE 17
2 MANAGEMENT MOU

PURPOSE
It is the purpose of’ this Memorandum of Understanding (also referred to herein as “MOU” and “Agreement”) to promote and provide for harmonious relations, cooperation and understanding betweenthe City of Avalon (referred to hereinafter as “Employer” or “City”) and the Non-RepresentedManagement Employees (referred to hereinafter as “Union”) and the employees covered herein: to provideorderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages. hours and other terms and conditions of employment of theemployees covcred hereby.

NON-DISCRIMINATION
The City and Union recognize the right of the employees to form, join or participate in lawful activities ofemployee organizations and the equal alternative right of employees to refuse to fonn.join or participatein employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Union in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.

The City and the Union agree that no employee will he promoted, demoted, transferred, by-passed forpromotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age,national origin, disability, veteran status, marital status, mental or physical disability, sexual orientation,medical condition, political or religious opinions or affiliations. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or stateagency or court of competent jurisdiction requiring a modification or change in any provision of thisAgreement in compliance with state or federal anti—discrimination laws. Equal employment opportunity will be extended to all persons in all aspects ofthe employer-employee relationship, including rccruitment,hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding. it shall be understood toinclude the feminine gender.

FULl. UNDERSTANDING. MODIFJCATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and anyother prior existing understanding or agreements by the parties, whether formal or informal. regarding anysuch matters contained in this MOU are hereby superseded or terminated in their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed inwriting by all parties hereto, and approved and implemented by Avalon’s (‘ity Council.

The waiver of any breach, term or condition of this Memorandum of Understanding by either party shallnot constitute a precedent in the future enforcement of all its terms and provisions. 3 MANAGEMENT MOU
For the life of this MOU. Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties. Without such mutualconsent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to the Avalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in pad unless and until said Avalon City Council formally approves said Memorandum of Understanding.Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the Union’s in embers/employees.

PLEDGE OF COOPERATION
The patties to this MOU realize that the things that would be in the best interest of both the Union, etnployees and City, in the long run, are largely identical and all parties will benefit from a continuous,peaeeftil relationship and intelligent, constructive efforts to resolve any differences that may’ arise.

The City’ and the Union have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City’s citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with. solely and exclusively, all rights of management as allowedby law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management dec ision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

0. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to he used.

G. To determine and./or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City frmnctions including, but not limited to. the right tocontract for or sub-contract any work or operation.

I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment ofan at-will employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension. demotion or discharge of an employee.
4 MANAGEMENT MOU
J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.L. To establish and modify productivity and performance programs and standards.M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City’s Personnel Rules and Regulations.

N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, tocreate new classification positions, and/or salary ranges as needed, and/or to under till anyallocated position.

0. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City’s Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all ncccssary action to carry out the mission of the City in emergcncies.

Whcrc management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except in emergencies, or where the City isrequired to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management’s rights shall impact on a significant number of employees of the bargaining unit,the City agrees to meet and confer with the Union on all matters relating to employment conditions andemployer-employee relations including wages, hours and terms and conditions of employment ofemployees within the bargaining unit unless the matter of the exercise of such rights is provided for in thisMemorandum of Understanding. Nothing in this Article is intended to modi& the City’s obligations underthe Meyers-Milias Brown Act.

RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by the City who are members of the Management Division only, and no other employees, in ifill-time employment of the City.The MOU shall apply to classifications and positions represented by the Management Division, which arenot reservists, seasonal, temporary or contract employees, or who are otherwise employed in an at-will c lassi 6 cation.General Unit:

1. Assistant City Manager

2. Community Services Director

3. Finance Director

4. Fire Chief
5 MANAGEMENT MOU

5. Harbor Master6. Planning Director

7. Public Works Director

PERSONNEL RULES AND REGULATLONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the “City of Avalon’s Personnel Rules and Regulations,” as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policics and benefits, which are subject to the meet and confer process, will continue in effect, except forthose provisions modified by this Agreement. unless and until modified by mutual agreement of the partiesand enacted by the Avalon City council, if necessary, in accordance with state laws, orders, regulations,official instructions or policies. Where the terms of the City of Avalon’s Personnel Rules and Regulationsand this Memorandum of Understanding are in conflict, the terms of this MOU shall prevail.

LAYOFFS AND SEPARATION
Shall he conducted in accordance with the City’s Personnel Rules and Regulations with layoffs, d!splaccmcnts and separations in each class series or in the same classification, within the bargaining unitwhere the affected employee held regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a previously heldstatus within their bargaining unit, covered by this agreement. Employees in good standing with their pei-formance may be reinstated within two (2) years to a position in which they have the availability, qLialifications. experience and satisfactory work perfonnance to fulfill the requirements of the positionand must serve a new probationary period of six (6) months. Examination may he waived and take pi-ecedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a tbrmer employee, and only providing the employee was in good standing in the performance of assigned job duties at the time of layoff, should he or she desire not to do so. Appointment shall otherwise be in the manner as for original employment based on qualifications to detennine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee maybe terminated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of workfor which employment was made. Such termination shall not be subject to appeal.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effectiveJanuary 1996. 6 MANAGEMENT MOU

PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding or refusing to perform services byunion employees during the life of this Memorandum of Undcrstanding.The City agrees that it shall not lock out its employees during the term of this Agreement. The term lockout’ is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

Any employee who participates in any- conduct prohibited as described above may be subject to disciplinary action, up to and including termination.

HEALTH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Healthand endeavor to provide a safe and healthful work environment. Likewise, it is the duty of each employee to comph with all health and safety- regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV drivingrecord Pull Notice.

The City ofAvalon. endeavors to maintain a drug free environment. Shall thc City and the Union mutuallyaglee to reopen negotiations regarding this specific article, both parties agree to limit negotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicahlc laws, and if any provision of any Article in the Agreement is held or found to bc in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity- shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawfiul and unenforceable by any court of competent jurisdiction, the partics agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the date of its ratification until 12 o’clock midnight on June 30, 2025.

In the cvcnt either party •hereto desires to negotiate the provisions of a succcssor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its ffilland entire written proposal for such successor Memorandum of Understanding. Upon receipt of such 7 MANAGEMENT MOU
written notice and proposals, negotiations shall begin thereafter not later than sixty (60) days prior to thetennination date of this Agreement.

ASSOCIATION CONSIDERATIONS
City employees who arc official representatives of the Association shaLl be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purposeshall be reasonable and shall not interfere with the performance ofCity services as determined by the City.

Reasonable access to employee work locations shall be granted to officers of the Association as theirofticially designated representatives for the purpose of conducting business within the scope of representation. In the event an outside business agent or legal representative need be present. theAssociation shall provide the City with advanced notice. It is agreed that the Association representative(s)are permitted to conduct Association business during working hours and may use City facilities accessibleto the public provided that such activity does not interfere with the normal operations of the departmentor with established safety or security requirements. An employee is entitled to representation in thepreparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Association may be represented by the Association. The grievant(s) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.

Except in case of emergency. reasonable advance written notice shall he given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representationproposed to be adopted by the City Council and shall be given the opportunity to meet with such bodyprior to adoption. In case of emergency when the City- Council determines that an ordinance, rule,resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City- shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or rcgulation.

PARITY
Parity as it relates lo healthcare benefits shall remain the same between Management, TAFF, and othersimilarly’ situated employee associations and/or unions.

DUES DEDUCTIONS
Upon receipt of a lawfully executed written authorization from an employee. the City agrees to deduct thecun’ent regular Union dues each payroll period and remit such deductions once each payroll period to thedully elected treasurer of the Association within seven (7) working days following the end of the payrollperiod. The Association will notify the City, in writing, ten (10) working days prior to any change in theregular Union.dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor any request of this nature other than for Union dues. Deduction of dues will be made by the City when other payroll deductions are made and will begin with the pay for the first thll pay period following receipt of the authorization by the Association. 8 MANAGEMENT MOU
Any employee, upon ten (10) working days’ notice to the City and the Association, may revoke his/her dues deduction and shall submit such revocation form to the City’s payroll division.The City and the Association agree to provide Dues Deductions Authorization fonns and Notice to Stop Dues Deduction forms to its members.

The Association agrees to indemnify and hold the City hanniess against any and all claims, suits, ordersand judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of Union dues.

RETIREMENT & BASE COMPENSATION
Upon separation of employment, an employee will receive a retirement agreement that will address all facets of compensation based on the applicable MOU in place at the time of separation.

Base Compensation: Over the term of the 2015-2018 MOU agreement. the City agreed to increase pay,for all CaIPERS Management bargaining unit employees to fund 5% for Public Safety Employees and 7%for Misc. Employees of the employees share of thc contribution (EPMC) for their retirement in accordance with the Public Employee’s Pension Refonn Act (PEPRA), Rather than highlight this separate EPMC (‘atcgory, the City will establish two tiers ofsalary schedules for employees hired before December 3 I, 2012 (Tier 1) and employees hired after January 1, 2013 (Tier 2) with the previously stated EPMCabsorbed accordingly.

CaIPERS Contribution for Misc. Members:Any employee hired after January I, 2013 and who meets the dctinition ofa “new member” as defined byGovernment Code section 7522.04(f) will be required to pay 50% of the “normal cost” of the definedbenefit. rounded to the nearest quarter of 1 percent. or the cunent contribution rate of similarly situatedemployees, whichever is greater, as specified in Government Code section 7522.30. Any new tnembcrwho has not become vested by having paid the employee’s contribution to PERS for the first five (5) yearsof continuous service as of January 1, 2013, will be required to pay the employee’s share of the contribution (EPMC) to fund a portion of thc cost of the 2% at age 62 retirement fonnula an amount equal to 8°/s of compensation earnable on a pre-tax basis for safety, as specified in Government Code Section20516.5(f). Retirees will he eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.

Any employee who established CaIPERS membership prior to January I, 2013 who is already vested afterhaving paid the employee’s contribution to PERS for the lirst five (5) years of continuous service, will be required to pay the employee’s share of the contribution (EPMC) to fund a potlion of the cost of the 2% at 55 retirement formula an amount equal to 8% of compensation earnable on a pre-tax basis, in accordance with Section 2051 6(f). Effective January 1,2018, the employee’s pre-tax contribution pursuant to Section 20516(t) shall be increased such that the employee will be required to contribute a fill 8% of pay formiscellaneous members, as specified in Government Code section 20516.5. Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERSretirement system.

CaIPERS Contribution for Safety Members:
9 MANAGEMENT MOU
Any employee hired after January 1,2013 and who meets the definition of a “new member” as defined by Government Code section 7522.04(t) will be required to pay 50% of the “normal cost” of the definedbenefit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee’s contribution to CaiPERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay the employee’s share of thecontribution (EPMC) to find a portion of the cost of the 2,7% at age 57 retiremcnt formula an amountequal to 12% of compensation earnable on a pre-tax basis for safety. as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CaIPERS retirement system.

Any employee who established CaIPERS membership prior to January 1, 2013 who is already vested after having paid the employee’s contribution to CaIPERS for the first five (5) years of continuous service, willbe required to pay the employee’s share of the contribution (EPMC) to fund a portion of the cost of the2% at 50 retirement formula an amount equal to 9% of compensation eanmble on a pre-tax basis, in accordance with Section 20516(f). Effective January 1. 2018. the employee’s pre-tax contribution pursuant to Section 20516(f) shall be increased such that the employee will be required to contribute a fill 12% of pay for safety members, as specified in Government Code section 20516.5. Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CaIPERS retirement system.

Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31, 2012 and inaccordance with the City’s contract with CaIPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.Tier [1 - Three (3) highest year average - For employees hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.

Retirement Fonnula:

Tier I — 2% at 55 — All employees covered under this provision of this MOC hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354,3 of the Public Employees Retirement Law (2% at 55).Tier 11 — 2% at 62 - All employees covered under this provision of this MOU hired on or after January 1, 2013 shall have their final percentage of final compensation to be provided for eachyear of credited prior and current service determined in accordance with Section 7522.20 of thePublic Employees Retirement Law (2% at 62) based on Article 4. California Public Employee’s Pension Refonn Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee’s Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided, however, the 10 MANAGEMENT MOU
employee must contribute an amount equal to the contribution for current and prior service that theemployee and the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee’s Retirement Law, an allowance may be continued to a surviving spouse upon the death of amember after retirement.Retiree Medical: All frill-time employees hired on or before May ,2022 that retire after twenty (20) ormore years’ service with the City shall have the same medical, dental, and vision retirement benefits upto the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PORAC foreligible employees and PERS Choice Blue Cross plan for Misc and Safety Employees. Once a qualifiedretiree as set forth hcrcin becomes eligible for Medicare the City’ shall reimburse for the CaPERS supplemental medical premium for employee only coverage.

Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled Firetighters mayelect to have a maximum of 83.000 per year subtracted from their 457 plan distributions and sent directlyto a health or long term care provider to pay premiums. A retired or disabled Firefighter may elect to havethese amounts excluded from gross income fm federal income tax purposes. To receive this favorable taxtreatment. the retired or disabled public officers must make this election on their federal income taxreturns.

CATASTROPHIC LEAVE
A permanent employee may he granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid timc. An eligible family member includes the employee’s spouse. parent. child, sibling, grandparent.grandchild: in-laws and step-relatives in these relationships: and other persons residing in the employee’s household for whom there is a personal obligation.Catastrophic illness or injury is a serious non-work-related health condition which incapacitates thecmplovce, or their eligible family member, and which creates a financial hardship because the employeehas exhausted their sick and vacation leave, as well as any compensatory time off if employed in a nonexempt position. A catastrophic illness or injury is deEmed as a serious illness, injury, impairment, orphysical or mental condition that is present for a minimum of seven calendar days, and that involves:

A period of incapacity or treatment connected with inpatient care (e.g., an ovcmight stay) in a hospital, hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health careprovider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (eg., asthma, diabetes, epilepsy. etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, tenninal disease, etc.); or
11 MANAGEMENT MOU

5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personalmedical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave, overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a City employee(s), when anemployee or the employee’s family member has suffered a catastrophic illness or injury.II. ELIGIBILITY A. The Personnel Officer must determine that the RECIPIENT:

I. is unable to work:

2. has exhausted all applicable accrued paid leave hours;3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA;

5. receives no morc than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a “Request for Catastrophic Leave” form.

B. A Personnel Officer must determine that the DONOR:

1. will donate no morc than 40 hours in total donations in a calendar year;

2. is donating in whole—hour increments; and3. has completed a “Donation for Catastrophic Leave” form; and

4. the donor’s bank cannot drop below 40 hours.

Notes:
• Once donated, hours cannot he returned to the donor.• Donations are exchanged for an hour-for-hour basis regardless of pay rate. • Donor participation will he confidential.• An employee that has applied to receive Worker’s Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

ALLOWANCES
Unifonn Allowance: Employees required in the course of their duties to wear specific standard uniforms,(Harbor Master, Fire Chief and Public Works Director) will be provided those uniforms on an as neededbasis as deemed essential by the City Manager.

Employees that leave the City’s service shall return their uniforms to the City on their final day ofemployment. Items not deemed necessary to personal health and safety will be subject to CALPers and will be reported to CALPers as special compensation for “Classic” or “Tier 1” employees. 12 MANAGEMENT MOU
Cell Phone Reimbursement: Employees whose job duties include the regular, frequent or ongoing needfor a device may receive $85 compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form of a monthly Stipend to cover City business-related costs (Option 1), or may be issued a City-owned mobile device (Option 2) up to the City allowable maximums and with approval inaccordance with policy.

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well asspouse’registered domestic partner insurance costs, except that the maximum amount paid by the City shall be no more than S 1,600.00 for a family rate up to the City paid maximum, as defined below.

The following monthly City maximum contribution benefits shall apply effective January 1, 2019:

Full-time employees hired before December31. 2015:

Status *City MaximumEmployee Only $ 777.99Employee + 1 $1,283.21Employee + Family $1,600.00 Full-time employees hired after January 1,2016:

Status *City MaximumEmployee Only S 667.69Employee+ I $1,171.91 Employee + Family $1,501.22
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lowcr. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, saidcoverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Dental Benefits: The City shall continue to pay 100 % of the employee and eligible dependent’s dentalcoverage. Once a covered dependent is no longer eligible because of age limitations in the policies ordeceased. said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term life insurancepolicy for each eligible employee which shall be based upon a fonnula of one times the employee’s annualsalary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e.,an employee who earns $20,100 would receive $21,000). This group term insurance is on a non13

MANAGEMENT MOU
participating basis, with option to convert coverage upon termination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coverage.

Vision Benefits: The City’s contribution for vision insurance shall be 100% employer-paid for familycoverage for thc term of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.Long-term Disability: All active. hill-time employees working thirty (30) or more hours per week on aregular basis may purchase Long Term Group Disability Insurance on the first day of the month following the date of hire. The amount of insurance will be 662/3 % of basic monthly earnings. excluding overtime,up to age 70 not to exceed a maximum monthly benefit of S3,000; including amounts payable by Social Security and workers’ compensation benefits; the elimination period is 365 days. Benefits will begin after a sixty-day waiting period and payment of benefits is subject to all provisions of the master policy.

Opt Out Benefit: An employee cannot be enrolled in the City’s dental, vision or PERS health plan if aspouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (orthe spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the City’s dental, vision or PERS health plan. In such cases, the City, afterdetermining that a minimum amount of health coverage is provided to the employee (by their spouse orother coverage), shall pay an employee that has waived coverage a cash allowance of $300 per month or pay into the employee’s deferred compensation plan (a plan administered by the City) $300 per month. Ifthe employee wants to have all or a portion of the deferred compensation payment to be credited towards the dependent coverage cost, then the remaining balance, if any, shall be credited to the employcc’sdeferred compensation account. To be eligible for this ‘opt out benefit” payment, the employee mustprovide proof, as determined by the City, that comparable medical insurance is in hill force and effect. Inthe event the cmplovee loses eligibility (with documentation) then the employee may re—enroll in the plan pursuant to the PERS health plan rules.

Physical Exams: The City may authorize annual physical examinations for all covered employees. TheCity shall pay the costs of any such examination not covered by the Employee’s health insurance.

ADMINISTRATIVE PAID TIME OFF
Administrative Paid Time Off: Employees exempt from the overtime pay requirements of the Fair Labor Standards Act shall not he entitled to. nor be paid. overtime compensation of any kind. Exempt employees shall be granted up to 72 hours of administrative leave per year upon the approval of the City Manager.Employees may carry over up to 40 hours of unused administrative paid time off each year. With written approval of the City Manager and Personnel Officer, payouts of tip to 32 hours shall be made annually bythe last pay period of each year.

HOLIDAYS
Paid holidays are authorized and observed as set forth in the City’s Personnel Rules and Regulations.During the term of this MOU, there shall be twelve (12) regularly scheduled holidays. Holiday time shall 14 MANAGEMENT MOU
constitute eight (8) hours paid at straight time. Employees shall not be required to be in attendance on paidholidays.

Employees whose work load or responsibilities demand they work on designated Holidays may elect to bank the Holiday time (8 hours) to be used within 30 calendar days of the date.

Regular employees may take two (2) personal “floating holidays” per fiscal year. Floating holidays shall be scheduled with the approval of the employee’s immediate supervisor. These personal holidays shallbe with pay. Personal holidays shall be used in the year accrued and may not be carried over to asubsequent year or paid oft’.

SALARY
Employees shall be compensated in accordance to the Wage Schedule attached hereto and incorporated herein as Exhibit A.Any Employee that is currently in Steps shall be advanced to the next Step as of the first hill pay periodcommencing after the ratification of this MOL. All subsequent Step advancements shall occur annuallybeginning with the first full pay period on or after July 1,2023 and each hill pay period on or after July 1thereafter.

Newly hired/promoted employees shall be eligible to receive 50% of their next Step increase upon the completion of their one year probation and shall receive the balance of the Step increase at the first fullpay period on or after July 1 and each year thereafter.

GRIEVANCE PROCEDURE
A grievance shall he any matter for which appeal is not otherwise provided or prohibited. concerning:

A dispute about the interpretation or application of this MOLt and Personnel Rules and Regulations:

A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay’ — within one or two workdaysof the event grieved. If, after this discussion, he/she does not believe the problem has beensatisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor’simmediate superior, if any, in the administrative service, Every effort should be made withoutdelay to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee, or th Union, is not in agreement with the decision reached bydiscussion, he/she shall then have the right to file a formal grievance in writing within ten (10)calendar days after receiving the informal decision of his/her supervisor or the supervisor’simmediate superior on matters within the statutory scope of representations.

B. Formal Grievance Procedure:

1. First level of Review: A grievance shall be presented in writing to the employee’s immediate supervisor within ten (10) calendar days of the informal process decision or 15 MANAGEMENT MOU
of the event giving rise to the grievance, whichever is later. The supervisor shall renderhis/her decision and comments in writing and return them to the employee within ten (10) calendar days after receiving the grievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension ofthe timeline, the employee has the right to move the grievance up to the next level of review.

2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receivingthe appeal. In the event that the supervisor does not render a dccision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, hisrepresentative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employeewithin ten (10) calendar days after receiving the appeal. If the employee, or the union, does not agree with the decision reached, or if no answer has been received within ten(10) calendar days, he may present the appeal in writing to the City Manager. Failureof the employee to take further action within twenty (20) days after receipt of thedecision, or within a total oftwenty (20) days if no decisions is rendered, will constitute xvithdrawal of the grievance.

4. City Manager: The City Manager or his/her designee should discuss the grievance with the employce, his/her representative, if any, and with other appropriate persons. TheCity Manager may designate an “investigation committee,” or an officer not in thenormal line of supervision, to advise him/her concerning the grievance. The appointingpower shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.

C. Grievance Arbitration:

Within ten (10) working days of the receipt of the City Manager’s final decision, theUnion may request arbitration by filing a written request. The request for arbitrationshall be in writing to the Department Head with a copy sent to the Personnel Officer.

2. If either the City or the Union so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits ofthe grievance shall be conducted until the issue of arbitrability has been decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee’s request for arbitration, from the California State Mediationand Conciliation Service.

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreedupon, the parties shall within five (5) days after receipt of the list of names alternatelystrike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
16 MANAGEMENT MOU

5. The City and the Union shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional.

Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the cxpense of witnesses called by the other.

However, if either party declines the use of a court reporter, the party requesting the court reporter shall pay the entire cost of employing the court reporter.

6. The arbitrator’s review is limited to the interpretation of this MOU and/or City’s Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs. The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at aparticular level, he/she may proceed to the next appropriate level of review.

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring aboutpresenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

VACATJON AND SICK LEAVE
In the last pay period of each quarter, full time employees may sell back to City at one-for-one cash out a portion of his or her accumulated vacation time, up to a maximum of 12 vacation days per year. City shall grant paid vacation leave for all probationary and regular employees represented by the Union accordingto the following schedule:

Years of Service Completed Accrual Rate
0 -4 years 10 days (2 weeks)5 - 9 years 1 5 days (3 weeks) 10+ years 20 days (4 weeks)
The cut-off date for vacation accrual shall be May 31st of each year. No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation leave only accrues whenan employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty(30) days.An employee may accumulate a maximum of 60 work days (480 hours) of vacation leave. If anemployee’s vacation leave balance exceeds 480 hours on May 31st of any year, the employee shall ceaseearning vacation leave until the balance is 479 hours or less at the beginning of the month. Except as 17 MANAGEMENT MOU
otherwise set forth herein, accrual and use of vacation leave shall be subject to the Personnel Rules and Regulations.

An employee may accumulate a maximum of 60 work days (480 hours) of sick leave. If an employee’ssick leave balance exceeds 480 hours, the employee shall cease earning sick leave until the balance is 479hours or less at the beginning of the next pay period. In 2026, an employee may elect to contribute thevalue of all unused and/or already accumulated sick leave pay in excess of 240 hours, into the City’s 457 plan, HSA, or to elect to receive a taxable cash distribution. The City shall cash out up to one half of this bank at 100% of its value on or before December 31, 2026.

Vacation Leave Buy Down: During the term of this MOU an employee may elect to contribute the value of all unused and/or already accumulated vacation pay in excess of 240 hours, into the City’s 457 plan,HSA, or to elect to receive a taxable cash distribution. The City shall cash out up to one half of this bankat 100% of its value on the last pay period each quarter. Said distributions may not exceed the normal maximum allowed deferral limits as set forth by the IRS for the 457 plan.

Sick Buy Down: The City wishes to reduce its financial liability of accrued sick compensated time off by buying down accrued sick balances as of December 31, 2015. Employees with existing hours in the sickbank may cash-out the balances in the form of an annual contribution to their 457 account, up to the maximum allowable contribution in accordance with IRS regulations over the next two years. Any remaining time will be forfeited on June 30, 2021.

Sick Leave Use: Sick leave pay shall be requested only in eases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the FederalFamily Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233(use of sick leave). Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child, An employee contemplating tohe off work due to illness or injury for an extended period of two (2) weeks or more may be required toprovide a comprehensive health statement as to the length of absence from the employee’s health careprovider stating any duties the employee cannot perform and any restrictions or light duty requirements.

In such events, FMLA and sick leave shall run concurrent. Employees requesting sick leave shall notify their immediate supervisor or department head prior to the time set for reporting to work. Sick leave withpay shall not be allowed unless an employee has met and complied with the provisions of thisMemorandum of Understanding and the department head or the Personnel Officer has approved suchpayment. Sick leave may be used for absence reasonably required by complications of pregnancy,continuing through delivery and reasonable period of recovery therefrom, to be determined in accordancewith written reports from the employee’s physician, specifying the expected date of delivery and the datethat the employee should cease work. In no event shall an employee return to work after pregnancy priorto a date fixed by the physician in a signed statement that she is physically able to perform the duties ofher position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attendto the illness of their child, parent, spouse, or registered domestic partner of the employee. 18 MANAGEMENT MOU
Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement ofa licensed physician whenever an employee misses work due to an illness, injury or disability.

The Department Head or Personnel Officer may require a written statement from the attending physicianor dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has requiredthe employee to report and be examined by, that the employee is capable of and released to return to the perfonuance of all of the duties of his position. The physician’s statement must verify than an injury or disability exists or existed, its beginning and ending dates and/or the employee’s ability to return to workwithout presenting an immediate and significant risk to his own health or safety, or the health and safety of others, and any other requirement in accordance with the City’s Sick Leave policy located in thePcrsonnel Rules and Regulations. Abuse of sick leave shall be subject to progrcssivc discipline, up to andincluding termination.Management may not require doctor’s verification for sick leave of less than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated.Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided otherwise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave in accordance with the following schedule:Years of Service Balance Payable 2-4 25 % of accrued and unused sick leave5-9 50% of accrued and unused sick leave 10-’- 75°b of accrued and unused sick leave
Whcn calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine thc total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highcst hourly pay rates for each year of service.

Retircment Health Premium Reimbursement Plan: Upon retirement from City employment, an employeemay transfer unused sick and vacation time accrued amounts to pay for future medical premiums.

An employee is cntitlcd to receive payment for unused sick leave in accordance with the following schedule:Years of Service Balance Payable
2-4 25 % of accrued and unused sick leave
5-9 50% of accrued and unused sick leave
10+ 75% of accrued and unused sick leave
19 MANAGEMENT MOU
When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total aLnount of accrued and unused sickleave, allocate an equal portion of such leave to each year of service, and detennine the highest hourlypay rates for each year of service.

Date:

Management Representatives
David M. Maistros Michod Alegria
City v1anager
Orne Carstarphen
20 EXHIBIT A
City of Ava Ion
Classification and Salary Schedule
Management
Effective July 1,2022
Classification Title
Chief Administrative Officer
At WiW
Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
City Manager Hourly 100.96 i”
At Will Si-weekly 8,077
Monthly 17,500
Annual 210,000
..Iit1AsLa
E 62 Hourly
66 Hourly 74.73
Bi-weekly 5978
Monthly 12,953
StepS IStep4AkI Step5As

74.64 5,971
12,938
155,250

71.04 5,683
12,314
147,769

78.37 6,270
13,584
163,012

71.00 5,680
12,307
147,681
Step 4

74.59 5,968
12,930
155,158
Step 3 Step 4 ,.

82.39 6,591
14,281
171,367

86.51 6,921
14,995
179,935

82.29 6,583
14,264
171,163
Step 5

74.55 5,964
12,922
155,065
Step 6

83.94 85.61 ‘“j’ 87.33
6,715
14,549
174,586
Step 6

76.04 6,083
13,181
158,167
6,849 6,986
14,840 15,137
178,078 181,640

77.56 79.11
6,205 6,329
13,444 13,713
161,330 164,556
tu c.ntflt -.

78.32 79.89
6,391 6,266
13,576
162,915
L.

90.83 7,267
15,744
188,932
Step 6.A.
6,650
14,407
172,887
Step B

96.39 7,711
16,708
200,496
Step B

96.39 7,711
16,708

92.65 7,412
16,059
192,711

81.49 6,519
13,848 14,125
166,174 169,497

94.50 7,560
16,380
196,565

86.51 90.83 92.65
6,921 7,267 7,412
14,995 15,744 16,059
Step?

94.50 7,560
16,380

83.12 itaItuILa
F
Period
Hourly
Classification Title
Bi-weekly
Monthly
Annual
E
Period ITJ.Ii1
Classification Title
Assistant City Manager
Step B
Period Step 1 Step 2
B i-weekly
Classification Title
Community Services Director

71.09 Monthly
Annual
• 67.70
5,416
11,735
140,816
Period
5,687
12,321
147,857
Hourly
Stepl4 IStep2a
B i-weekly
Classification Title
Finance Director
Monthly
Annual
I I-% Iawa
F 58
I I.L LtiiI!a
E 60
I Lt Ltw!Ls
E 66
Step 3

67.62 5,410
11,721
140,649
Period
Hourly

61.33 4,907
10,631
127,573

64.44 5,155
11,169
134,031
Classification Title
Fire Chief

64.40 5,152
11,163
133,951

67.66 5,413
11,728
140,732
Si-weekly
Monthly
Annual
Step 3
Period_____
Hourly
B i-weekly
Step I Step 2
Classification Title
Harbor Master
Monthly
Annual

74.73 5,978
12,953
155,435

78.46 6,277
13,601
163,207
Step 2j

78.46 6,277
13,601
Step 3

82.39 6,591
14,281

EXHIBIT A
City of Avalon
Classification and Salary Schedule
Management
Effective July 1, 2022
I a-ma LLthL±L
E 58
BE-weekly
Monthly
Annual
155,435 163.207

58.38 4670
10,119
121) 425

61.33 4.907
10, 63 1
127.573
Step3 . IStep4A

64.36 5.149
11,156
133,872

67.62 5,410
11,721
140.649
Step 5

78.32 6,266
13,576
162,915

72.38 5.790

12.545
150.545

76.04 6.083

13.181
158.167

73.63 75.30
5,906 6,024
12,796 13,052
153.556 156,627
77,55’L 79.11
6,205 6,329
13,444 13,713
161,330 164.556
* Newly hired/promoted employees shall be eligible to receive 50% of their next Step increase upon the completion of their one year probation and shall receive the balance of the Step increase at the first full pay period on or after July land each year thereafter.
[‘lr1ilW1ItflaUr?rr.

Human Resources Director E 56
Annual
Period
Classification Title
Planning Director
Hourly
Bi-weekly
Monthly
Annual

61.30 4,904

10.625
127.497
171,367 179,935 188,932 192.711 196,565 200,496
Step 5j I Step6,’
Period
Hourly
Step I Step 2

67.58 5,406
11,714
140,565
[Qiassification Title .n
Public Works Director

70.96 5,677
12,299
147,593
Step 4
Iit1iLa
E 60

64.40 5.152
11,163
133,951
Step 5,
Period Step I

71.00 5,680

12.30 7
147.681
Hourly
Bi-weekly
Monthly
Annual

74.55 5,964
12,922
155,065
tw:iL1IW’tnr

64.44 67.66 71.04 74.59
5,155 5,413 5,683 5.968
11,169 11,728 12,314 12,930
134,031 140,732 147,769 155.158

79.89 81.49 63.12
6,391 6.519 6,650
13,848 14,125 14,407
166,174 169,497 172,887

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the International Association of Firefighters Local 2295 (IAFF) is a recognized employees organization representing employees in the classification of Fire Captain, Fire Engineer and Fire Fighter; and
WHEREAS, the City requested and IAFF agreed to open contract negotiations in February 2022; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and IAFF on July 16, 2019;and WHEREAS, the COVID-19 pandemic caused the City to face a significant and real financial emergency; and
WHEREAS, the MOU article “Exclusive City Rights and Authority,” provides the City with the ability “to take any and all necessary action to carry out the mission of theCity in emergencies”; and WHEREAS, the City Manager used this authority to amend existing MOUs in order to realize significant cost savings for the City’s general fund; and WHEREAS, the emergency modifications to the MOU were adopted on August 3. 2020 and made effective until June 30, 2022; and
WHEREAS, the City has experienced some financial recovery since 2020; and WHEREAS, the new MOU provisions restore the benefits rescinded on August 4, 2020; and
WHEREAS, the IAFF and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and IAFF, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2022 through June 30, 2025, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 3 day of May, 2022, by the following vote:

Ayes:

Noes:

Abstain:Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 JUNE 1, 2022 — JUNE 30, 2025

ADOPTED

PROPOSED TENTATIVE

AGREEMENT PROVIDED BY
CM ON 0413/2022
04/18/2022
-0-
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU

TABLE OF CONTENTS
PURPOSE 3
NON-DISCRIMINATION 3

FULL UNDERSTANDING, MODIFICATION, AND WAIVER I
MUTUAL RECOMMENDATION 4
PLEDGE OF COOPERATION 4
EXCLUSIVE CITY RIGHTS AND AUTHORITY 4
RECOGNITION/UNION MEMBERSHIP 6
PERSONNEL RULES AND REGULATIONS 6
ALLOWANCES 6
SPECIAL PAY 7
TRAINING LEAVE AND PAY 8
HEALTH CARE 8
OVERTIME 9
RETIREMENT 10
LAYOFFS AND SEPARATION 12
LONGEVITY PAY 13
COSTOFLIVING 13SECTION 125 PLAN 14
VACATION AND SICK LEAVE 14
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU PEACEFUL PERFORMANCE OF CITY SERVICES 16
HEALTH AND SAFETY 16
SAVINGS CLAUSE 17
DURATION OF AGREEMENT 17
ASSOCIATION CONSIDERATIONS 17
ASSOCIATION REPRESENTATIVE LEAVE 18
CATASTROPHIC LEAVE 18
GRIEVANCE PROCEDURE 19
SALARY 22
PARITY 22
DUES DEDUCTIONS 22
2 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as “MOU” and “Agreement”) to promote and provide for harmonious relations, cooperation and understandingbetween the City of Avalon (referred to hereinafter as “Employer” or “City”) and the International Association of Firefighters, Local 2295 (referred to hereinafter as “Union”) and theemployees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth theunderstanding of the parties reached as a result of good faith negotiations regarding the wages,hours and other terms and conditions of employment of the employees covered hereby.

NON-DISCRIMINATION
The Cit and Union recognize the right of the employees to fonn, join or participate in lavtiil activities of employee organizations and the equal alternative right of employees to refuse toform, join or participate in employee organization activities. No employee shall be intimidated.coerced, restrained or discriminated against by the City or the Union in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the GrievanceProcedure.The City and the Union agree that no employee will be promoted. demoted. transferred, by passed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age, national origin. disability, veteran status, marital status, mental or physicaldisability, sexual orientation, medical condition, political or religious opinions or affiliations.The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdictionrequiring a modification or change in any provision of this Agreement in compliance with stateor federal anti—discrimination laws. Equal employment opportunity will be extended to allpersons in all aspects of the employer—employee relationship, including recruitment, hiring. upgrading, training, promotion, transfer, discipline. layoff recall, and termination.Whenever the masculine gender is used in this Memorandum of Understanding, it shall beunderstood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal orinfonnal, regarding any such matters contained in this MOU are hereby superseded or terminatedin their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the termsor provisions contained herein shall not be binding upon the parties hereto unless made andexecuted in writing by all parties hereto, and approved and implemented by Avalon’s CityCouncil. 3 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the hiture enfoitement of all its terms and provisions.

For the life of this MOU. Union and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regardingsame.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual rccommendation to be submitted tothe Avalon City Council. This Memorandum of Understanding shall not be binding upon theparties in whole or in pail unless and until said Avalon City Council formally approves saidMemorandum of Understanding. Additionally, this MOL shall not he binding in whole or in part unless and until it is ratified by the Union’s members/employees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would he in the best interest of both theUnion, employees and City, in the long run, are largely identical and all parties will henetit from a continuous, pcaceftil relationship and intelligent, constructive efforts to resolve any differencesthat may arise.

The City and the Union have entered into a partnership that will ensure efficient operations whilepledging to work together to best serve the needs of the City’s citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless n-ioditicd by this Memorandum of Understanding. The rights of the City include, but arc not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

13. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.F. Types of equipment or technology to he used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted. 4 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU H. To detei-mine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but notlimited to, the right to contract for or sub-contract any work or operation.

I. To detennine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointmentof an at-will employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge ofan employee.

J, To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules andassignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

L. To establish and modify productivity and performance programs and standards.

M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with thc provisions and procedures set forth in City’s Personnel Rules andRegulations.

N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employmentlaws are followed, to create new classification positions, and/or salary ranges as needed,and/or to under fill any allocated position.

0. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City’s Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

I. To take any and all necessary action to carry out the mission of the City in emergencies.

Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner ofcompliance with such law where the manner of compliance is specified by such law. Except inemergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management’s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and conferwith the Union on all matters relating to employment conditions and employer-employeerelations including wages, hours and terms and conditions of employment of employees withinthe bargaining unit unless the matter of the exercise of such rights is provided for in thisMemorandum of Understanding. Nothing in this Article is intended to modify the City’s 5 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU obligations under the Meyers-Milias Brown Act.

RECOGNITION/UNION MEMBERSHIP
The City recognizes the Union pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by theCity who are members of the International Association of Firefighters Local 2295 only, and noother Fire Department employees, in full-time employment of the City. The MOU shall apply toclassifications and positions represented by the International Association of Firefighters Local No. 2295, which are not management unit employees, reservists, seasonal, temporary or contract employees, or who are otherwise employed in an at-will classification.

General Unit:

1. Captain

2. Engineer3. Fire Fighter

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally containcd in the “City of Avalon’s Personnel Rules and Regulations,” as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and conferprocess, will continue in effect, except for those provisions modified by this Agreement, unlessand until modified by mutual agreement of the parties and enacted by the Avalon City council, ifnecessary, in accordance with state laws, orders, regulations, official instructions or policies.Where the terms of the City of Avalon’s Personnel Rules and Regulations and this Memorandumof Understanding are in conflict, the terms of this MOU shall prevail.

ALLOWANCES
Uniform Allowance: Employees are required to wear a specific standard uniform that will bepurchased annually by the City as follows:

These items will include up to: three (3) pairs of pants, three (3) collared shirts, one (l)job shirt, one (1) belt, six (6) uniform tee shirts, one (1) pair of safety boots, and one (1) pair of eyewear;as well as items from the approved unifonu list valued at an amount not to exceed $1,500.Employees that leave the City’s service shall return their uniforms to the City on their final dayof employment. All employees shall come to work in clean uniforms each day, agree to theestablishment of a specific uniform standard, and agree to abide by this standard once adopted,on a year-round basis. Items not deemed necessary to personal health and safety will be subject to CALPers and will be reported to CALPers as special compensation for “Classic” or “Tier 1” employees.Cell Phone Reimbursement: In accordance with the City’s Mobile Device Policy, employees whose job duties include the regular, frequent or ongoing need for a device may receive compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form 6 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU of a monthly Stipend to cover City business-related costs (Option 1), or may be issued a Cityowned mobile device (Option 2), up to the City allowable maximums and with approval inaccordance with policy. Employees may request a reimbursement option to their immediatesupervisor with final approval to be determined by the City Manager.

Education Reimbursement: The Fire Department will be allocated $5,000 each year to reimburse employees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 50% reimbursement on actual costs of tuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will he atthe Department Head’s and City Manager’s discretion. Employees must have been employcd full-time at the City of Avalon for a minimum of one year to be eligible for reimbursement, The employee will be required to maintain employment after reimbursement for a minimum of two years. The employee shall be reimbursed for actual costs of tuition, books, lab fees or otherstudent expenses only upon completion of courses each individual with a grade of “B” or better,or successful completion of courses that do not assign grades, Proof of satisfactory coursecompletion and payment must he provided.

Travel Reimbursement: On a semi-annual basis, employees shall receive reimbursement for one subsidized cross-channel commuter book provided by the Catalina Express. Employees musthave been employed frill-time at the City of Avalon for a minimum of one year to be eligible for reimbursement.

SPECIAL PAY
Special Event Pay. When the Fire Chief requires the use of an employee covered by this agrccmcnt during the filming or taping of movies, commercials or specialevents within the City limits, each of the required personnel shall be paid by the City’ at a rate of $75.00 per hour, for up to eight (8) hours. ny time over eight (8) hours in a day will be paid at the i’ate of$l 12.50 per hour.Volunteer Drill Pay. Full-time employees shall receive a minimum of three (3) hours overtimepay when they are designated by the Fire Chicf to train at the regular hi-weekly volunteer drill, ifthe drill is not held (luring the employee’s regular work shift, Special Drill Pay. Full-time employees shall receive a minimum of three (3) hours overtime pay for a special drill to he scheduled once a month throughout the year by the Fire Chief, if the drill is not held during the employee’s regular work shift. The City will endeavor to hold drills on aregular basis.Call Backs. All call backs to the station, in response to a fire alarm or by direction of the Fire Chief, shall receive a minimum of three (3) hours overtime pay. This shall apply to off-dutypersonnel or those on vacation, at the Fire Chiefs discretion.

Bilingual Pay. When the Fire Chief determines that a position requires bilingual skills on average of at least 10% of the employee’s work time, such an employee in the designated position maybecome eligible for Bilingual Pay. An employee shall first demonstrate a language proficiency of job-related terminology acceptable to the Fire Chief or his designee and the Personnel Officer. 7 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 N’IOU Thereafter. the employee shall be entitled to the payment of $25 a month for bilingual pay.

TRAINING LEAVE AND PAY
On an annual basis. as part of the budgeting process, the City shall establish an amount to beallocated toward training leave and pay. The allocation of hnds from this account shall be made on a case by- case basis. in accordance with each year’s budget. at the discretion of the Fire Chief.

Employees on approved training leave will receive their normal rate of pay and/or an overtime rate in accordance with FLSA for hours spent traveling to and attending such training.Employees may also he reimbursed in accordance with the City’s travel and expense policy.

HEALTH CARE
Health Insurance. The City shall pay the cost of employee’ health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be no more than $1,600.00 for a family rate up to the City paid maximum, as defined below.

The following monthly City maximum contribution benefits shall apply effective January’ 1,20 19:

Full-time employees hired before December 31. 2015:
*Cit v
Status Maximum
Employee Only $777.99
Employee + 1 $1,283.21Employee + Family $1,600.00
Full-time employees hired after January 1, 2016:
*City
Status MaximumEmployee Only $667.69
Emplovee+ I 51.17191Emplovce + Family $1,501.22
The City will only pay’ up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either thecost of the premium not covered by the City’ Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets thecriteria set forth by the medical insurance provider. 8 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Dental Benefits: The City shall continue to pay 100 % of the employee and eligible dependent’sdental coverage. Once a covered dependent is no longer eligible because of age limitations inthe policies or deceased, said coverage shall cease. Dependent is defined as spouse or child whomeets the criteria set forth by the medical insurance provider.Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term life insurance policy for each eligible employee which shall be based upon a formula of one times the employees annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This group term insurance is on a non-participating basis, with option to convert coverage upontermination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coverage.Vision Benefits: The City’s contribution for vision insurance shall be 100% employer-paid for family coverage for the tenn of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent isdefined as spouse or child who meets the criteria set forth by the medical insurance provider.

Opt Out Benefit: An employee cannot be enrolled in the City’s dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agcncy with PERS health, unlessthe employee (or the spouse) is enrolled without being covered as a family member.

Additionally, an employee may choose to not be enrolled in the City’s dental, vision or PERS health plan. In such cases, the City, after determining that a minimum amount of healthcoverage is provided to the employee (by their spouse or other coverage), shall pay an employeethat has waived coverage a cash allowance of $300 per month or pay into the employee’sdeferred compensation plan (a plan administered by the City) $300 per month. If the employeewants to have all or a portion of the deferred compensation payment to be credited towards thedependent coverage cost, then the remaining balance, if any, shall be credited to the employee’sdeferred compensation account. To be eligible for this “opt out benefit” payment, the employeemust provide proof as determined by the City, that comparable medical insurance is in full forceand effect. In the event the employee loses eligibility (with documentation) then the employeemay re-enroll in the plan pursuant to the PERS health plan rules.Physical Exams. The City may authorize annual physical examinations for all coveredemployees. The City shall pay the costs of any such examination not covered by the Employee’s health insurance.

OVERTIME
“Kelly Schedule” - Fire suppression personnel shall work the “Kelly Schedule,” represented by one twenty-four (24) hour shift of scheduled work, followed by twenty-four (24) hours off duty,followed by another twenty-four (24) hour shift of scheduled work, followed by another twentyfour (24) hours off duty, followed by another twenty-four (24) hour shift of scheduled workfollowed by ninety-six (96) hours off duty.

The City has elected and the parties agree to a fourteen (IA) day ELSA work period, for fire suppression employees, subject to the partial oveitime pay exemption set forth in Section 7(k) of 9 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU the ELSA to coincide with tile City’s regular pay periods. Except as otherwise provided herein, no overtime compensation will be paid unless the total number of hours worked per 14 dayperiod exceeds 106 hours, Effective with tile frst pay period after ratification and approval ofthis MOU by the City Council. time worked outside of an employee’s regularly scheduled shillshall be compensated at an overtime rate of time and one-half (1 ¼) for all hours worked and shall be paid on an hour for hour basis for actual hours worked outside of an employee’sregularly assigned work schedule. Employees that work more than 106 hours in a 14 day work period are automatically entitled to overtime in accordance with the FLSA 14 day period at a rate of one and one half their regular pay.

Except as otherwise outlined herein, tours worked” means time when the employee is actually performing services for the employer. Compensatoiy and vacation time taken during the payperiod shall be included For the purpose of calculating overtime. Any other leaves of absence and/or sick leave shall not be considered as hours worked for the purpose of calculatingovertime. Vacation usage will he on an hour-for-hour basis, irrespective of what work scheduleis employed. All employees shall be subject to be called for service at any time to meet any andall emergencies or unusual conditions which, in the opinion of the Department Head or designee. may require such service from any of said employees.

If mutually agreed to by the employee, and the Fire Chief approves in writing of the accumulation, the employee may receive “compensatory time” as time off with pay in lieu ofovertime pay for regulary scheduled, or irregular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulatedcompensatory time off shall be reasonably honored, taking into consideration the needs of thedepartment. Compensatory time accumulation shall not exceed at any time two hundred forty (240) hours annually and employees may only carry forward up to 144 hours of comp time into tile next year. Payouts shall be made annually by December 31st of each year. Compensatorytime must be accumulated consistent with the provisions of this N’IOU with tile employee earningone and one-hatf(l-l/2) hours compensatory time off for each hour of overtime worked.

Overtime will he analyzed by the Finance Department quarterly. By the third quarter of theFiscal Year. the City Manager reserves the right to request to reopen negotiations and to limit negotiations solely to this Article.

RETIREMENT
Upon separation of employment, every employee will receive a retirement agreement that will address all facets of compensation based on the applicable MOU in pace at the time of separation.

CaIPERS Contribution:

Any employee hired after January 1, 2013 and who meets the definition of a “new member” asdefined by Government Code section 7522.04(f) will be required to pay 50% of the “normal cost” of the defined benefit, rounded to the nearest quarter of 1 percent, or the currentcontribution rate of similarly situated employees, whichever is greater, as specified inGovernment Code section 7522.30. Any new member who has not become vested by having 10 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU paid the employee’s contribution to Ca1PERS for the first five (5) years of continuous service asof January 1, 2013, will be required to pay the employee’s share of the contribution (EPMC) to fund a portion of the cost of the 2.7% at age 57 retirement formula an amount equal to 12% of compensation earnable on a pre-tax basis for safety, as specified in Government Code Section20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemedqualified in accordance with the Ca1PERS retirement system.Any employee who established CaIPERS membership prior to January 1, 2013 who is alreadyvested after having paid the employee’s contribution to Ca1PERS for the first five (5) years ofcontinuous service, will be required to pay the employee’s share of the contribution (EPMC) to fund a portion of the cost of the 2% at 50 retirement formula an amount equal to 9% of compensation earnable on a pre-tax basis, in accordance with Section 20516(f). Effective January 1, 2018, the employee’s pre-tax contribution pursuant to Section 205 16(f) shall bc increased such that the employee will be required to contribute a Ml 12% of pay for safety members, as specified in Government Code section 20516.5. Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CaIPERS retirement system.

Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31, 2012 and in accordance with the City’s contract with CaIPERS, the final compensation provision ofPublic Employees Rctircmcnt Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.

Tier II - Three (3) highest year average - For employees hired on or after January 1, 2013 theprovision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.

Retirement Formula:

Tier I — 2% at 50 - All employees covered under this provision of this MOU hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided foreach year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 50).Tier II — 2.7% at 57 - All employees covered under this provision of this MOU hired on orafter January 1, 2013 shall have their final percentage of final compensation to be provided for each year of credited prior and current service detennined in accordance with Section7522.20 of the Public Employees Retirement Law (2.7% at 57) based on Article 4 ofCalifornia Public Employee’s Pension Reform Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the PublicEmployee’s Retirement Law, an employee may elect to purchase up to four (4) years of servicecredit for any continuous active military or merchant marine service prior to employment provided, however, the employee must contribute an amountequal to the contribution for current and prior service that the employee and the City would have made with respect to that period ofservice. 11 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee’s Retirement Law, an allowance may he continued to a surviving spouse upon the death of a member after retirement.

Retiree Medical: All frill-time employees hired on or before May 1, 2022 that retire after twenty (20) or more years’ servicc with the City shall have thc same medical, dental, and vision retirement benetits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PERS Choice Blue Cross plan. Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CaIPERS supplemental medical premium for employee only coverage.

Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled publicsafety officers (Firefighters) may elect to have a maximum of $3,000 per year subtracted from their 457 plan distributions and sent directly to a health or long term care provider to paypremiums.

A retired or disabled public safety officer may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment, the retired or disabled public officers must make this election on their federal income tax returns.

LAYOFFS AND SEPARATION
Shall he conducted in accordance with the City’s Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within thebargaining unit where the affected employee held regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family ofjobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a previously held status within their bargaining unit, covered by this agreement. Employees in good standing with their performance may be reinstated within two (2) years to a position inwhich they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary period of six (6) months. Examination may be waived and take precedent over established lists for reinstatementto the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a former employee, and only providing the employee was in good standing in the performance of assigned job duties at thetime of layoff, should he or she desire not to do so. Appointment shall otherwise he in the manner as for original employment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement,any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitlcd to reinstatement of any benefits accrued during any previous employment with the City. An employee may be tertninated by the Department Head when deenied necessary orconvenient as a result of substantial changes in duties or organization. abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOLJ

LONGEVITY PAY
Employees shall, upon completion of ten (10) or more years’ continuous service and uninterrupted service be eligible for longevity pay on an employee’s anniversary date, in the pay period following the date of eligibility, as follows:

Years of Service Completed Percentage of Base Salary
10 years thru 14 years 5%
15 years thru 19 years an additional 5% (10% total)
20 years and above an additional 5% (15% total)
Public Agency Longevity Pay is compensation earnable within the meaning of Section 20636 of the California Government Code and Section 571 (a)( 1) of the CaIPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not be considered an interruption of service.
in the event an employee ceases to be employed by the City for a reason other than military service or lay-off all rights to longevity pay shall be forfeited and expire, and if said employee is subsequently re-employed by the City, said employce shall not be entitled to any longcviry pay by reason of any prior employment.

In accordance with the years of service completed schedule, and 10 year requirement above, new employees hired beginning July 1, 2015 shall not he eligible to receive greater than 10% longevity pay during their employment with the City.

COST OF LIVING
Cost of Living Increases:

Employer Paid Member Contributions (EPMC): Over the tenn of the 2015-20 18 MOU the City agreed to increase pay, by the same percentage of pay, for all CaIPERS Classic bargaining unit employees hired before January 1, 2013, to ftind up to 12% of the employee’s share of the contribution (EPMC) for their retirement in accordance with the Public Employee’s Pension Refonri Act (PEPRA). Rather than highlighting this separate EPMC category, the City will establish two tiers of salary’ schedules for employees hired before December 31, 2012 (Tier I) and employees hired after January 1, 2013 (Tier 2) with the previously stated EPMC absorbed accordingly.

Cost of Living Increases for Y-rated Employees: Y-rated employees, cun’ently receiving compensation above the total compensation market median shaLl remain Y—ratecl until the Consumer Price Index (CPI) for Urban Wage Earners in Los Angeles County shows a salary increase is warranted. During the term of the MOU, Y-rated employees will not be eligible to receive the market study increase.

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Councileffective January 1996.

VACATION AND SICK LEAVE
Quarterly, both full time and part-time employees may sell back to the City, at one-for-one cashout, a portion of his or her accumulated vacation or holiday time, up to a maximum of 12 vacation or holiday days combined up to a maximum of 228 hours per year to be paid at straighttime.

Employees shall accrue vacation and holiday leaves according to the following schedule:

Years of Service Completed Accrual Rate0 years thru 4 years 180 hours (or 7.5 days) vacation + 144 hours (or 6 days) holiday leave for a total of 324hours (or 13.5 days) 5 years thru 9 years 240 hours (or 10 days) vacation + 144 hours (or 6 days) holiday leave for a total of 384
hours (or 1 6 days)
10 + years 300 hours (or 12.5 days) vacation + 144
hours (or 6 days) holiday leave for a total of444 hours (18.5 days) No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation and sick leave only accrues when an employee is in a paid status and not whenan employee is on a Leave of Absence for more than thirty (30) days.Employees may accrue up to a maximum of 960 hours (4Odays) of vacation and holiday leave.Employees that reach the 960 hour (40 day) maximum, shall cease to accrue vacation andholiday leave until they use such leave to bring the amount accrued below the maximum.

Vacation Leave Buy Downs: During the term of this MOU an employee may elect to contributethe value of all unused and/or already accumulated vacation pay in excess of 720 hours, into theCity’s 457 plan, or to elect to receive a taxable cash distribution. The City shall cash out up to one half of this bank at 100% of its value on the last pay period of each quarter. Saiddistributions may not exceed the normal maximum allowed deferral limits as set forth by the IRSfor the 457 plan.Employees shall accrue 144 hours (or 6 days) of sick leave per year.An employee may accumulate a maximum of 30 work days (720 hours) of sick leave. If anemployec’s sick leave balance exceeds 720 hours, the employee shall cease earning sick leave until the balance is 719 hours or less at the beginning of the next pay period. In 2026, an 14 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU employee may elect to contribute the value of all unused arid/or already accumulated sick leave pay in excess of 360 hours, into the City’s 457 plan, I-ISA, or to elect to receive a taxable cashdistribution. The City shall cash out up to one half of this bank at 100°/b of its value on or beforeDecember 31, 2026.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, orCalifornia Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall beallowed for the purpose of preventative medical, dental, and care of a parent, spouse, registereddomestic partner or child. An employee contemplating to he off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive healthstatement as to the length of absence from the employee’s health care provider stating any dutiesthe employee cannot perform and any restrictions or light duty requirements. In such events.

FMLA and sick leave shall run concurrent. Employees requesting sick leave shall notify theirimmediate supervisor or dcpartment head prior to the time set for reporting to work. Sick leave with pay shall not he allowed unless an employee has met and complied with the provisions ofthis Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with written reports from the employee’s physician, specifying the expected date ofdelivery and the date that the employee should cease work. In no event shall an employee returnto work after pregnancy prior to a date fixed by the physician in a signed statement that she isphysically able to perform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due toextended illness or injury unless they are on a medical certification program.

Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leaveaccrued to attend to the illness of their child, parent, spouse, or registered domestic partner of theemployee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require asatisfactory statement of’ a licensed physician whenever an employee misses work due to anillness, injury or disability. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist. or a physician or dentist to whom thedepartment head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head orPersonnel Officer may require a written statement from the attending physician or dentist, orfrom the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return tothe performance of all of the duties of his position. The physician’s statement must verify thanan injury or disability exists or existed, its beginning and ending dates and/or the employee’s ability to return to work without presenting an immediate and significant risk to his own healthor safety, or the health and safety of others, and any other requirement in accordance with the City’s Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave 15 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 N’IOU shall be subject to progressive discipline, up to and including termination.

Management may not require doctor’s verification for sick leave of less than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated.Sick leave shall be administered in accordance with the City- of Avalon Personnel Rules and Regulations unless provided otherwise by a current MOL.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave in accordance with the following schedule:

Years of Service Balance Payable
2-4 25 % of accrued and unused sick leave
5-9 50% of accrued and unused sick leave
10— 75% of accrued and unused sick leave
When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued andunused sick leave, allocate an equal portion of such leave to each year of service, and determinethe highest hourly pay rates for each year of service.

PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the termof this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding orrefusing to perform services by union employees during the life of this Memorandum ofUnderstanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. The term lockout is hereby deEmed so as not to include the discharge, suspension, termination. layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.Any employee who participates in any conduct prohibited as described above may be subject to disciplinary action. up to and including termination.

HEALTH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to provide a safe and healthful work environment. Likewise, it is theduty of each employee to comply with all health and safety regulations of the City and to 16 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 NIOU practice good safety habits in the performance of their duties All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.

Avalon Firefighters IAFFF, Local 2295. endeavors to maintain a drug free environment. Shall the City and the Union mutually agree to reopen negotiations regarding tius specific article, bothparties agree to limit negotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in the Agreement is held or found to be in conflict therewith,said Article shall he void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the dateof its ratification until 12 o’clock midnight on June 30. 2025.

In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) day’s prior to the terminationdate of this Agreement. its written request to commence negotiations, and, to the extent reasonably possible, its full and entire written proposal for such successor Memorandum of Understanding. Upon receipt of such written notice arid proposals, negotiations shall beginthereafter not later than sixty (60) days prior to the tennination date of this Agreement.

ASSOCIATION CONSIDERATIONS
City employees \vho are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearingswhere matters within the scope of representation or grievances are being considered. The use ofofficial time for this purpose shall be reasonable arid shall not interfere with the performance of City services as determined by the City.

Reasonable access to employee work locations shall be granted to officers of the Association as their officially designated representatives for the purpose of conducting business within the scope of representation. In the event an outside business agent or legal representative need be present, the Association shall provide the City with advanced notice. It is agreed that the Association representative(s) are permitted to conduct Association business during working hours and may use City facilities accessible to the public provided that such activity does not interfere with the nonnal operations of the department or with established safety or security requirements. An employee is entitled to representation iii the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Association may be represented by the Association. The grievant(s) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.
17 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU Except in case of emergency, reasonable advance written notice shall be given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with such body prior to adoption. In case of emergency when the City Council determinesthat an ordinance, rule, resolution or regulation must be adopted immediately without priornotice or meeting with the Association, the City shall provide such notice and opportunity tomeet at the earliest practical time following the adoption of such ordinance, rule, resolution orregulation.

ASSOCIATION REPRESENTATIVE LEAVE
The City shall provide an aggregate total of three (3), 24 (twenty-four) hour shifts, per unionrepresentative, per year for use by the Association Representatives to attend employer-employeerelated seminars, conferences etc. No alternative representatives may attend in lieu of the actualrepresentative, lime off request will be subject to agreement with the Fire Chief and theavailability of replacement personnel. Time off requests shall not be scrutinized based on seminar subject matter or any factor outside of availability of replacement personnel. AssociationRepresentative Leave does not qualify as “time worked” and will not be subject to overtime.

CATASTROPHIC LEAVE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee oreligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee’s spouse, parent, child, sibling, grandparent, grandchild; in-laws and step—relatives in these relationships; and other persons residing in the employee’s household for whom there is a personal obligation.Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off if employed in a non-exempt position. A catastrophic illness or injury is defined as a seriousillness, injury, impairment, or physical or mental condition that is present for a minimum ofseven calendar days, and that involves:

1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensedhealth care provider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or
Is
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU

5. An absence to receive multiple treatments (including any- period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personal medical information will be provided in response to inquiries.

A permanent employee may donate up to 120 hours of accrued paid leave hours (sick leave. overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a Cityemployee(s), when an employee or the employee’s family member has suffered a catastrophic illness or injury.II. ELIGIBILITY
A. The Personnel Officer must determine that the RECIPIENT:

I. is unable to work;

2. has exhausted all applicable accrued paid leave hours;

3. has provided sufficient documentation of need for himself/herself, or immediate familymember:

4. has met the requirements outlined by the IRS and ELSA;5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a “Request for Catastrophic Leave” form. (Turin bit? coniiiig, B. A Personnel Officer must determine that the DONOR:

1. will donate no more than 120 3-60 hours in total donations in a calendar year;

2. is donating in whole-hour increments; and3. has completed a “Donation for Catastrophic Leave” fonn; and (Fain; Jbrthcoining)4. will not drop below 192 hours in their own bank.

Notes:
• Once donated, hours cannot be returned to the donor.• Donations are exchanged for an hour-for-hour basis regardless of pay rate.• Donor participation will be confidential. • Donations are made to individuals in need of leave. There is no generic hank.• An employee that has applied to receive Worker’s Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

GRIEVANCE PROCEDURE
A grievance shall be any matter for which appeal is not otherwise provided or prohibited, concerning:

1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
19 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay — within one or two workdays of the event grieved. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right topromptly discuss it with the supervisor’s immediate superior, if any, in theadministrative service. Every effort should be made without delay to find anacceptable solution by informal means at the lowest possible level of supervision.If the employee, or the Union, is not in agreement with the decision reached bydiscussion, he/she shall then have the right to file a formal grievance in writingwithin ten (10) calendar days after receiving the informal decision of his/hersupervisor or the supervisor’s immediate superior on matters within the statutoryscope of representations.

B. Formal Grievance Procedure:

1. First level of Review: A grievance shall be presented in writing to the employee’s immediate supervisor within ten (10) calendar days of theinformal process decision or of the event giving rise to the grievance, whichever is later. The supervisor shall render his/her decision and comments in writing and return them to the employee within ten (10) calendar days after receiving the grievance. In the event that the supervisor does not render adecision within the 10 days or within a mutually agreed upon extension of thetimeline, the employee has the right to move the grievance up to the next levelof review.

2. Further Level or Levels of Revie\v as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10)calendar days after receiving the appeal. In the event that the supervisor doesnot render a decision within the 10 days or within a mutually agreed uponextension of the timeline, the employee has the right to move the grievance upto the next level of review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, hisrepresentative, if any, and with other appropriate persons. The DepartmentHead shall render his/her decision and comments in writing, and return themto the employee within ten (10) calendar days after receiving the appeal. If theemployee, or the union, does not agree with the decision reached, or if noanswer has been received within ten (10) calendar days, he may present theappeal in writing to the City Manager. Failure of the employee to take furtheraction within twenty (20) days after receipt of the decision, or within a total oftwenty (20) days if no decisions is rendered, will constitute withdrawal of thegrievance.

4. City Manager: The City Manager or his/her designee should discuss the grievance with the employee, his/her representative, if any, and with otherappropriate persons. The City Manager may designate an “investigationcommittee,” or an officer not in the normal line of supervision, to advisehim/her concerning the grievance. The appointing power shall render a 20 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU decision in writing to the employee within twenty (20) days after receiving thegrievance.

C. Grievance Arbitration:

1. Within ten (10) working days of the receipt of the City Manager’s final decision, the Union may request arbitration by filing a written request. Therequest for arbitration shall be in writing to the Department Head with a copysent to the Personnel Officer.

2. If either the City or the Union so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearingon the merits of the grievance shall be conducted until the issue of arbitrabilityhas been decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee’s request for arbitration, from the California State Mediation and Conciliation Service.

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person isnot mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike names from such list with the lastremaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

5. The City and the Union shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporterare optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibilityshall be established before the selection of an arbitrator. All other expensesshall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, ifeither party declines the use of a court reporter, the party requesting the courtreporter shall pay the entire cost of employing the court reporter.

6. The arbitrator’s review is limited to the interpretation of this MOU and/or City’s Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of writtenbriefs, The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at a particular level, he/she may proceed to the next appropriate level of review.

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as dçtermined by the appropriate Department Head inconferring about presenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.
21 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2295 MOU SALARY
Firefighter employees that have been employed full-time at the City of Avalon for a minimum ofsix months. or successfully completed the probationary period as described in the Rules and Regulations, are eligible to begin the process of pursuing the education and expertise to be qualified as Fire Engineers. Upon successful completion of the required coursework orcertification to perfonn the duties of a Fire Engineer, and upon verification and authorization ofthe Fire Chief, an eligible Firefighter employee will receive a one-time, single, step increase.

Employees shall be compensated in accordance to the \\‘age Schedule attached hereto and incorporated herein as Exhibit A.Any Employee that is currently in Steps shall be advanced to the next Step as of the first full pay period commencing after the ratification of this MOU. All subsequent Step advancements shalloccur annually beginning with the first full pay period on or after July 1, 2023 and each full payperiod on or after July 1 thereafter.

Newly hired/promoted employees shall be eligible to receive 50% of their next Step increaseupon the completion of their one year probation and shall receive the balance of the Step increaseat the first frill pay period on or after July 1 and each year thereafter.

PARITY
Parity as it relates to cost of living increases and hcaltheare benefits shall remain the samebetwcen the IAEE, AREA and AMEA.

DUES DEDUCTIONS
Upon i-eeeipt of a lawfully executed written authorization from an employee, the City agrees to deduct the current regular Union dues each payroll period and remit such deductions once each payroll period to the dully elected treasurer of the Association within seven (7) working days following the end of the payroll period. The Association will notify the City. in writing, ten (10) working days prior to any change in the regular Union dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor any request of this nature other than for Union dues. Deduction of dues will be made by the City when other payroll deductions are made and will begin with the pay for the first frill pay period following receipt of the authorization by the Association.Any employee, upon ten (10) working days’ notice to the City and thc Association. may revokehis/her dues deduction and shall submit such revocation form to the City’s payroll division.

The City and the Association agree to provide Dues Deductions Authorization forms and Noticeto Stop Dues Deduction fonns to its members.

The Association agrees to indemnify and hold the City harmless against any and all claims, stnts, 22 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2295 MOU orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of Union dues.

Date:
________________________________
IAFF Representatives
David M. Maistros Christian Cisncros
City Manager
Ryan Keeline
David Long
23 EXHIBIT A
City of Avalon
Master Classification and Salary Schedule
Safety - Fire (IAFF)
Effective July 1,2022
Bi-weekly 3,197 3,357 3,524 3701
Monthly 6,926 7,273 7,635 8,018
Annual 83,117 87,273 91,636 96,218
lILflP I
Hourly 28.71 30.14 31.65 33.23
Ri-weekly 3,043 3,195 3,355 3,522
Monthly 6,593 6,922 7,268 7,632
Annual 79,112 83,067 87,221 91,582
m!9o I
NE Fig Hourly 23.56 24.74 25.97 27.27
Ri-weekly 2,497 2,622 2,753 2,891
Monthly 5,411 5,681 5,966 6,264
Annual 64,931 68,177 71,686 75,165
Reserve Firefighter Captain EMT NE N/A
Si-weekly 138
Monthly 300
Annual 3.600
I
NE N/A
Si-weekly
Hourly
127
Monthly 275
Annual 3.300
NE N/A
Annual
Monthly
Si-weekly
Hourly
Reserve Fire Engineer NE N/A
Monthly
Ri-weekly
Hourly
Fire Captain
tipn Title lIc7:Laiiia
NE F29 Hourly
Period Step I
Fire Engineer
Classification Title

30.16 31.67
Ia-7L Ltai’i
NE F27

33.25 StepS

34.91 Period Step I
Step 6
Firefighter
Classification Title

38.49 Step B
3,886

36.66 4,080
8,419 8,840
101,029 106,080

35.59 Classification Title
8,013
3,698

34.89 96,161

40.42 42,44
4,284 4,498
9,282 9,746
111,384 116,954
3630 37.03
3,772 3,848 3,925
8,174 8,337 8,504
98,084 100,046 102,047
UoTh -ro

29.21 2979 30.39
3,096 3,158 3,221
6,709 6,843 6,980
80,502 82,112 83,754
Period
Step 5
Hourly
Classification Title
Ltma
Reserve Fire Captain
6,577
3,036

28.64 78,924
Classification Title
fa: ca iTh 4
Reserve Fire Engineer EMT
Step 3
tep2 Step3 IStep4
Step 2 Step 3 Step4
Step 3 Step 4 Classification Title4
Steps Step6 Step7 Step8
275
127
3,300
Step 5
Step I Step 2
Step6 Step7 IStep8
250
115
Steps IStep6 Stepl ISteps

EXHIBIT A
Reserve Firefighter EMT NE N/A
Classification Title
Classificatior3jitle
Period
Annual
Monthly
Si-weekly
Hourly
Period
Annual 3,000
250
115
3,000
225
104
2,700
Step2 Istepa Step4
Step 2 [tep Step 4
Step 5 Step6 Step7 Step8
Step 5 Step 6 Step Step 8
Reserve Firefighter
Annual
Monthly
Si-weekly
Hourly
Employees shall, upon completion of ten (10) or more years continuous and uninterrupted service be eligible for longevity pay on an employee’s anniversary date as follows: 10 years thru 14 years = 5%; 15 years thru 19 years 10%; 20 years and above = 15%. New employees hired beginning July 1,2015 shall not be eligible to receive greather than 10% longevity pay during their employment with the City.

Newly hired/promoted employees shall be eligible to receive 50% of their next Step increase upon the completion of their one year probation and shall receive the balance of the Step increase at the first full pay period on or after July land each year thereafter.

NE N/A

AVALON MUNICIPAL HOSPITAL BOARD OF TRUSTEES
MEETING DATE: May 3, 2022 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Gabrielle Morones, Deputy City ClerkSUBJECT: CEOs Board Report RECOMMENDED ACTION(S): Receive and file the report.

REPORT SUMMARY: Attached is a copy of the April 2022 Catalina Island MedicalCenter CEO Report to the Board of Directors.GOAL ALIGNMENT: Not aligned.FISCAL IMPACTS: Not applicable.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not applicable.

FOLLOW UP ACTION: File the actions.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: CEO April 2022 Report.

P.O. Box 1563 (310) 510-0700
Awointments(3iO)51ooQ96

CATALINA ISLAND MEDICAL CENTER
Monthly CEO Report
April 2022
COVID-19CIMC COVID-19 Antigen TestingTests Performed —7,836 Positive Results —660 Residents Without A Positive TestLast positive Test Date March 28th, 2022Total Days 24 Days COVID-19 Vaccine FAQTo get the answers you need quickly, please review the list below prior to calling the clinic. Forvaccine news and reminders, sign up for CIMC email alerts below.

Which COVID-19 vaccines does CIMC currently have?
Modema (Ages 18-i-)Pfizer-BioNTech (Ages 12+)Pfizer-BioNTech Pediatric (Ages 5-11) When are CIMC’s COVID-19 vaccine clinics?Recurring walk-in COVID-19 vaccination clinics:

Wednesdays from 10:00 AM - 12:00 PM and 2:00 PM -4:00PM Please bring your vaccination card (for second and booster doses) and self-attestation form with you (for booster doses)First, second, and booster doses are available.

Who can get a COVID-19 vaccine booster?COVID-19 booster shots and third doses are now available at CIMC for eligible individuals.

CIMC follows CDC guidelines.
a P.O. Box 1563 100 Falls Canyon Rd Avalon, CA 90704 (310) 510-0700 Appointments (310) 510-0096 Cata h na Isand Med cal Center.crg

CATALINA ISLAND MEDICAL CENTER
Operations
• We have recruited Michael Bjornson, Ph.D. a Clinical Health Psychologist. He began working at CIMC in early February of 2022. The addition of a psychologist will help with developing CIMC as a Patient Centered Medical Home for our community. By combining mental health services/expertise with primary care can reduce costs, increase the quality of care, and, ultimately, savelives. The integration between primary care providers and mental health professionals increases access for underserved populations, improves patient care by focusing on whole health, and identifies communication between care providers as key to providing optimal healthcare for patients. Appointhents canbe made at (310) 510-0096.

Los Ar Ies County COVID-19 Data
P.O BDX 1563 (310) 510-0700
‘°:;;:
%ATAUNA ISLAND MEDICAL CENTER
• Dr. Warren has reduced her hours at CIMC to one or two days per month. • Dr. McGroarty was nominated and has accepted the position of Chief of Staff.

We congratulate him on his new role.
• We have been recruiting a family practice physician due to Dr. Warren reducing her days on Catalina. We have identified an excellent candidate that desire to come to be part of the Catalina community. We have entered into negotiations with her and hope to have her on the team soon.
• An opportunity has arisen to employ a psychiatric mental health nurse practitioner (PMHNP). This is a wonderful opportunity of us to be able to reduce the amount of telemedicine contracting for a psychiatrist. It will in addition allow for patients to build an in-person relationship with their provider.

The addition of a PMHNP in combination with family practice providers and our psychologist will help many patients with their mental health needs. • We have hired Liza Logan to manage our outpatient clinics. We are excited to have her oversee the clinic, social services, and physical therapy. • On March 3Oth I met with Chad Lefteris, CEO of UC Irvine, to discuss our relationship and see if there are additional opportunities for us to partner on programs.
• We have contracted with Highmark Companies to help CIMC qualify and apply for Employee Retention Credits. Under recent legislation, companies that obtained Payment Protection Plan (PPP) loans may also qualify for the Employee Retention Credit (ERC) for 2020 and an enhanced ERC for 2021.

Highmark has a fee of 8% for funds that are received, and they believe we may be eligible for up to $550,000. More analysis needs to be completed for accurate numbers.
• We have contracted Chamey and Associates for better clarification on the fee structure for governance education. The full day event will be May 3rd, 2022. • To meet urgent needs of communities across the United States, the House Appropriations Committee has invited Members of Congress to request funding for projects in their communities. We are in the process of applying for $1.5 million, through Congressman Lowenthal, to move the new facility into the next phase of schematic design.

P0, Box 1563 (310) 510-0700
• ‘t;:: APPintes(3

CATALINA ISLAND MEDICAL CENTER
• We have requested through Assemblymember Patrick O’Donnell for $1.5 million to fund schematic design. It is doubtful this will move forward with the current State budget.
• We have contracted with Healthstream to better organize CIMC’s policies and contracts. This will allow for CIMC to upload all contracts and policies that will track and send updates to those responsible for keeping them current. • We have contacted OSHPD to provide approval for renovating the old business office and configuring it to be the new home of our laboratory department. This will provide CIMC with the space necessary to improve testing capabilities and free up the current laboratory for an infusion therapy center. • WIPFLI will be providing an initial IT security assessment for CIMC. After reviewing the initial assessment, we ivill determine if a deeper dive into our security practices is necessary.
• Strategic Planning. As part of the current facility replacement project it is important that CIMC has initiated a strategic planning process to develop a strategic plan that will support the facility replacement plan. As part of the strategic planning process CIMC may address these issues; o A re-assessment of organizational mission and purposes. o Development of a vision that describes future success. o An analytical review of the current status and trajectory of market conditions, including demographic, competitive perspectives including market share analysis, population-based use rate trends, and future changes in supply side market characteristics.
o Clinical service-specific reviews of existing volume trends, new service opportunities, and specific options for competing or affiliating with other providers in the market.
o An evaluation of strategic options. This frequently takes the form of a scenario planning exercise that models alternative strategic options and their implications for achieving organizational purpose.
o An analysis of capital structure, financial performance indicators, and future investment requirements and funding strategies for strategic execution.

P.O. BDX 1563 J (310) 510-0700

CATALINA ISLAND MEDICAL CENTER
Development of a strategy map and key performance indicators for communicating and tracking performance around the strategic Patient Satisfaction
• Press Ganey surveys are sent out on a regular basis to patients that are seen in the clinic, emergency, and outpatient services. We greatly appreciate patient feedback. This data will help us understand our patient’s needs and help CIMC change to provide a wonderful experience when visiting CIMC.

CIMC National Ranking — Fiscal Year
Department 1st Ott 2nd Ott 3rd Ott 4th Ott
Emergency 99th %tile 99th% tile 99th%tfle 99th %tile
Clinic 89t11% tile 99th%tile 99th %ti)e 99d1%tjle
Outpatient 6[ttj[o 641h%tilc 4%tiI 99th%tile
Average 83rd0/utile S7Ih%tile 66th%tile 99t%tile
Surveys Returned
Department 2 Qtr 3rd Ott 4th Qtr
Emergency 69 49 23 8
Clinic 64 57 42 10
Outpatient 46 38 55 8
Press Ganev Annual Precentile Ranking

EMERGENCY CLINIC OUTPATIENT
2016 2017 2018 •2019 .2020 •2021 •2022
a P.O. Box 1563 100 FaHs Canyon Rd Avalon, CA 90704 (310) 510-0700 Appointments (310) 510-0096 Catalina] sland Med ca lCenterorg - 2016 2017 2018 2019 2020 2021 2022
—Annual Average

CATALINA ISLAND MEDICAL CENTER
Press Ganey Average Precentile Ranking
Out Of Office
May 21st — May 28th Vacation

CITY OF AVALON CITY COUNCIL
MEETING DATE: May 3, 2022 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER:

PREPARED BY: Devin Hart, Administrative Analyst
SUBJECT: Transportation Permit Transfer — Island Bikes to Martin Leyva
RECOMMENDED ACTION(S): 1. Consider the application for the transfer of a TransportationPermit from Island Bikes to Martin Leyva, permitting 30 electric bicycles for rental and guided tours. 2. If a transfer is approved, require Leyva to return to City Council with an operations plan adhering to all conditions set forth in the Avalon Municipal Code and Resolution 21-07 by no later than April 30, 2024.

REPORT SUMMARY: On March 14, 2022, Martin Leyva submitted a Transportation Permit Application to transfer 30 electric bicycle permits from Island Bikes, previously owned by Matthew Affolder.

On March 28, 2022, City Staff requested Levya provide supplemental information to his application including:
- Business Plan.
- Storage Location.- Description of transition for guests to receive and depart/return their electric bicycles.- Location on where bikes will be served. - Description of plan to work with traffic flows.- Documentation from current, or new landlord, reflecting their approval for the business to be conducted at the proposed location.

At the time this report was authored the supplemental information had not been received and no brick-and-mortar location had been submitted for approval.

On March 16. 2021, the City Council approved the transfer of 30 electric bicycle permits from Catalina Tours to Island Bikes. Though the transfer was approved, the City Council required that the new permit holder’s operations plan be approved before conducting business. On April 6, 2021, the City Council considered an operations plan with a brick and mortar rental facility located at 220 Metropole Avenue. On July 6, 2021 the City Council considered an operationsplan with a brick and mortar rental facility located at 131 Metropole, Unit #161 E. Both operations plans were denied as the locations present safety and traffic flow concerns.

Per the Avalon Municipal Code (AMC) Chapter 5, Section 14.02: transportation permits are valid for a period of three years and may be renewed for a subsequent three-year period if the operator is in compliance with the terms of their permit and the AMC.On April 20, 2021, the City Council adopted Resolution 21-07 - establishing guidelines for the approval of electric bicycle transportation permits. The Resolution establishes a maximum number of electric bicycle permits, 70, as well as operation standards.

Three local businesses currently hold electric bike permits:
- Browns Bikes — 20 permitted- Catalina E-Bike Rentals — 20 permitted- Island Bikes — 30 permitted — Pending transfer to Martin Leyva Island Bikes has never been in operation.If the permit transfer is approved, Staff recommend the original permit expiration date be transferred as well — April 6, 2024. Additionally, Leyva must adhere to all conditions set forth inthe Avalon Municipal Code, Resolution 21-07, and other conditions the City Council imposes to provide for safe operation of the business. If changes in Leyva’s ability to comply with theconditions occur, he is required to notify the City for approval.

If the operation plan, including the brick-and-mortar location, is not approved by the time the permit expires, the City may consider sun-setting the permission and modification of themaximum number of electric bicycles permitted in Avalon.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: UnknownCONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/AFOLLOW UP ACTION: Implement City Council decision.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:

1. Transportation Permit Application
2, Resolution 21-07

3. July 6, 2021 Staff Report

4. July 6, 2021 Minutes
RESOLUTION NO. 21-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

ESTABLISHING GUIDELINES FOR THE APPROVAL OF ELECTRIC BICYCLE

TRANSPORTATION PERMITS
WHEREAS, the City of Avalon is a premier island destination for outdoor exploration; and
WHEREAS, the first transportation permit for electronic bicycle rentals was granted in 2008; and
WHEREAS, electronic bicycles are a fun way to explore the City; and WHEREAS, the City of Avalon wishes to establish by resolution guidelines for the approval process, standards of operation and monitoring of transportation permits related to electric bicycle rental; and
WHEREAS, the City of Avalon City Council will review and reapprove the established guidelines every two years.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVALON:
1 The maximum number of 70 electric bike permits is established.

2. Prohibited routes include Upper, Middle and Lower Terrace, the portion of Crescent Avenue known as Front Street, Old and New Tremont, Calle Del Sol,Hamilton Cove, Upper Metropole, Falls Canyon Road, within residential condo complexes such as Sol Vista and Canyon Terrace, Catalina Island Conservancy property past the gate to the interior, dirt trails, sidewalks, and grass.

3. No rentals be permitted to anyone under 18 years of age, electric bike renters must wear a helmet at all times, no rentals should be made to anyoneappearing intoxicated or otherwise under the influence, operators should use their best judgement in determining if a renter can safely operate a bike, operator shall educate the renter with regards to state and local rLIles and regulations. The electric bikes offered by the operators must be pedal assist,must have a governor that limits speed to 20 mph, and must maintain numbered receipts for purpose of auditing. Additionally, each operator should have a “patrol” bike to ensure renters are abiding by the rules. Accidents mustbe reported to the City of Avalon immediately. An accident” is defined as any incident in which a guest is unable to return the bike safely to the operator, or any incident that the operator reports to their insurance carrier. Operators must adhere to all aspects of the Avalon Municipal Code (AMC) as well as maintain permissions from the Catalina Island Company regarding operation on privately owned streets. If any changes in the operators business plan changes — location, hours of operation, etc., it must be reported to the City immediately.

4. Electric bike operations will be reviewed every year until a traffic/congestion study can be conducted. During the annual review, City Council will determine if the need exists to add more electric bike permits, or if congestion issues warrant the removal of existing permits. The process of adding permits could be done by lottery, RFP, or an award to existing operations. The process of removing permits may be done by revoking permits by operator evenly. (i.e. If the City Council directed 3 permits to be revoked, one permit would be revokedfrom each operator.) The review process will include analysis of all safety and traffic issues.

5. The policy will be reviewed every two years to ensure it still follows the spirit of what City Council intended in establishing it and takes into existing conditions import for the health, safety and welfare of City of Avalon residents and visitors.

PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of theCity of Avalon on this 20th day of April, 2021 by the following vote:

AYES: Mayor Marshall. Councilmembers De La Rosa, Lavelle, MacGugan-Cassidy, and Ponce
NOES: None
ABSENT: NoneABSTAIN: None
Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: July 6, 2021 AGENDA ITEM: 7
ORIGINATING DEP: Administration CITY MANAGER:
__
PREPARED BY: Denise Radde. City Manager
SUBJECT: Island Bikes Operations — Transportation Permit RECOMMENDED ACTION(S): Consider the operations plan for Island Bikes, permitting 30 electric bicycles for rental and guided tours. If approved Island Bikes must adhere to allconditions set forth in the Avalon Municipal Code. If changes in their compliance with the conditions occur, they are required to notify the City for approval.

REPORT SUMMARY: During the April 6, 2021 City Council Meeting, the City Councilauthorized the transfer of 30 electric bike permits from Tour Catalina to Island Bikes. The transfer was approved contingent on the new operator, Matthew Affolder, providing an operation plan to the City Council for their review and approval.

Among the requirements set forth by the City Council, the operator was required to find an alternative location than originally proposed to conduct business. The original location at 220 Metropole was not authorized due to safety concerns.

Island Bikes provided a new operation plan to City Staff on June 21, 2021. The new operation plan proposes 131 Metropole Unit #161 E as the business’s brick-and-mortar location to conduct rentals. This location was proposed to the City Council as a brick-and-mortar operations center by Catalina Electric Bikes on April 6, 2021. A motion was made by Mayor Anni Marshall to grant Catalina Electric Bikes 15 electric bike permits on the contingency that a different location be determined; however, the motion did not carry and Catalina Electric Bikes was not authorized a transportation permit for operations as the facts presented did not demonstrate a need for the permits.

There is no current lease for the property; however, Island Bikes provided an email from the Hermosa Hotel Manager indicating his interest in renting the property for the purpose of electric bike rentals.

Staff is always concerned with the safety aspect, stagingltraining area, congestion, and the absence of restricted routes for electric bicycles.

The Metropole Avenue is a major thoroughfare with limited pedestrian activity. However, the area around 131 Metropole Avenue is more prone to pedestrian traffic with residents and visitors using the public easement to access the Catalina Island Museum as well as the public staircase to Calle Del Sol. The area immediately beyond the public easement is a one hourparking zone.

If the one hour parking zone is occupied by a vehicle the operator indicated that they may, in essence, double park the bikes so they may depart and return to the brick-and-mortar location.

If the location is approved by the City Council, Island Bikes indicated they would be interested in requesting a commercial loading/unloading zone be established at the location to better facilitate their operations. Staff would not be in support of this request as my set precedence inthe future.The other terms of the transportation permit indicate Island Bikes will maintain the same routes (operation on all City of Avalon streets and pending approval of Catalina Island Companyroads), hours of operation (8 am. to dusk), mandatory helmet use and use of up to 30 bikes.

The applicant will stay current with all licenses, fees, pay admission tax of 4% and provide aclearly marked patrol bike to ensure their patrons are following the rules.

If approved Island Bikes must adhere to all conditions set forth in the Avalon Municipal Code, the City’s Electric Bike Rental Policy, and other conditions the City Council imposes to providefor safe operation of the business. If changes in their ability to comply with the conditions occur, they are required to notify the City for approval.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: Unknown
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: Implement City Council decision.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
- Island Bikes Operations Plan- April 6, 2021 City Council Meeting Minutes- Electric Bike Policy

CITY COUNCILIHOSPITAL BOARD OF TRUSTEES MINUTES
JULY 6, 2021
PAGE 2

3. Gann Appropriations Limit
Adopted Resolution No. 21-19 of the City of Avalon Establishing an appropriations limit for Fiscal Year 2021/2022 pursuant to Article XIII B of theCalifornia Constitution.

4. Fiscal Year 2021-2022 Budget
Adopted Resolution No. 21-20 of the City Council of the City of Avalon Adopting the Budget for Fiscal Year 2021-22.
** The following item on the Consent Calendar was the City Council acting as the Avalon Municipal Hospital Board of Trustees **

5. Chief Executive Officer’s Board Report and Chief Financial Officers Narrative Analysis
Received and filed the following reports:
• The CEO’s June 2021 Report
• The CEO’s April 2021 Report

GENERAL BUSINESS

6. Consideration to Enter into a Three-year Contract with the Los Angeles County Development Authority (LACDA) for CDBG Program Funds
City Council determine the City should enter into another three-year agreement with LACDA for CDBG formula funds. Adopted Resolution No. 21-21 of the City Council of the City of Avalon approving participation in the Los Angeles County Development Authority Block Grant Program by authorizing the City Manager, orHis/Her designee to sign a Cooperation Agreement with the Los Angeles County Development Authority. Motion to approve made by Anni Marshall, seconded byCinde Cassidy. (All Ayes)

7. Island Bikes Operations — Transportation Permit
City Council reviewed Island Bikes operations plan and denied the proposed location of 131 Metropole Unit #161 E.Motion to deny made by Ann Marshall, seconded by Michael Ponce. (4 Ayes Marshall, De La Rosa, Lavelle and Ponce; 1 No-Cassidy)
.
‘
—
ChyofAvon
For
Transportation Permit
Date of Application Application Fee
Name of Applicant \‘Ac( in L—c\i
Address 4+ cThUOP Terftc& VcJ ?O Z\SPhone/Email 41 33c\- 163 4ur h RLcy c to t40 çn L U’ i If Corporation:

Name of Corporation
Date of Incorporation
Place of Incorporation
Address of Business
-M?J-io ç2c\Q. s
OL \JPCG S-rcZiE Corporate Officers:

Name Address
Trade Name of Operation
Nature of Business, (Explain extent, character and manner in which proposed operation isto be conducted):

ZLCTAaJQ S/ZC ,?CN7PrLSZ 77/C
LQ7*flOiJ rogc!3cAUntr
/3/ JL1EieO/Er
Old/it&S7>t
I
Vehicles to be Used:

Year Model Body Type License 4 Capacity
Assignment:

Applicant agrees not to assign pennit, (if granted), in any manner whatsoever, in whole or in part, without prior written permission of the Avalon City Council. Any attempted assignment inviolation of this SectionS shall be deenied void with no force or effect.

Inilial 4LProposed Dates/Hours of Operation:

Dates:McntW\ to thdO ( Hours: C
Routes:

Describe routes (attach map if necessary
5cw’Q GW( Q1nC
Stops/Starts:

Proposed routes, points of discharge and pick-up ofpassengeis.

Froni 3: C 44 to y
From:______________ w
2 It my Permit is Granted;
I agree to provide liability insurance naming the Ciry of Avalon as co-insured in the amountsspecified in the Avaton Municipal Code and keep such poltey in force and effect during the entire term of the permit. Such policies of insurance shall contain provisions which prohibit modification. cancellation or lapse without thirty (30) days prior written notice to the City ofAvalon.

Initial Date 3Z +
I agree to hold harmless, indemnify and defend the City otAvalon, its officers and employeesfrom and against any and all claims> actions> damages, liabilities.,expenses and judgments (inctuding reasonable attorney’s fees) arising out ofor relating to the business or activities which I conduct pursuant to this permit.

Applicant r44- n &\ Date
Date Received j4- 12- ‘Nv
Counci’ Action
Permit Application Fee Paid
Insurance
City Mgr:
2/27/22
As per the agreement with the City ofAvalon, to transfer the electric bike permits to Martin
Island Bikes upon finding a suitable location. I Matthew Affolder; of Ls)and Bikes, will sell City
Ley-va, the transfer of 30 electric bike permits from Island Bikes, for S30,000. The of Avalon will transfer the permits from Island Bikes to Martin Leyva upon approval with
of a suitable location. Payments will be made to Matthew Affolder on the schedule below or without approval of the transfer from the City of Avalon.

The payments will be paid by check directly to Matthew Affolder Po Box 2246 Avalon, CA.Martin Leyva will pay Matthew Affolder in three installments.

Installment #1 55,000 immediately upon signing this contract.Installment #2 510,000 to be paid by Martin Leyva to Matthew Affolder by April 1”.

Installment #3 The remaining 515,000 will be paid to MattheW Affolder by July 1”.

This contract contains the final and entire agreement, and understanding between the Parties. This is the complete and exclusive statement of its terms. This contract supersedes all prior agreements and understandings, whether oral or written.

Mahin I.eyva
Matthew
/14/4t/&
Affohler

3.3 Date:
3-
Date:

CITY OF AVALON
RECVD BY: CALEGRIA 01000062744
PAYOR: AVALON’S PLAZA CAFE
TODAY’S DATE: 03/14/22
REGISTER DATE: 03/14/22 TIME: 18:22

DESCRIPTION AMOUNT
OTHER LICENSES & PERMI $249.00
CUST ID: 1.000
TOTAL DUE: $249.00
TENDERED: $249.00
CHANGE: $.O0
2—CHECK : $249.00REF NUM: Transporation permit

CITY OF AVALON CITY COUNCIL AND AVALON HOUSING AUTHORITY MEETING DATE: May 3. 2022 AGENDA ITEM:

ORIGINATING DEP: Public Works CITY MANAGER:___________
PREPARED BY: Robert Greenlaw. Public Works Director
SUBJECT: Water Allocation Transfer Request
RECOMMENDED ACTION(S): Authorize City Staff to submit a request to Southern California Edison to transfer water allocations from housing projects no longer being pursued to housing projects at 206 E. Whittley and the City Hall campus.REPORT SUMMARY: In 2017, the City was working on low/moderate housing developments with housing developer Cottle & Cottle. That project was shelved forseveral reasons and is no longer being pursued.

The 2017 project did make application for a water allocation for 10.38 acre feet with the City identified as the applicant. Now that water allocations from Southern California Edison (SCE) are in the near term, the City wants to ensure its current, viable projects that are programmed in the current Capital Improvement Plan (CIP) are allocated sufficient water to move forward.

The first project proposes additional units at 206 E. Whittley Avenue — a low/mod site.The City is currently rehabilitating the sewer that services the property for the existing 4- units. This will be followed by the major rehabilitation of the existing units and demolition of the one bedroom cottage on the eastern side of the property. This is programmed under Capital Project #205015. An additional building is proposed to build an additional five units plus a replacement unit for the cottage for a total of 6-units in the new structure. The existing 4-unit structure plus the additional 6-unit building could yield 10 potential units onthe site for low/moderate housing operated by the City. This is programmed under Capital Project #205016.

The second project is the potential Workforce Housing Project proposed to be constructed on the City Hall Campus. The housing will be located on a pad to be constructed within the scope of work associated with the Five Corners Project. The pad will be created alongTremont Street and along the southern side of City Hall. This housing is proposed in concept to serve the workforce housing needs for City operations as well as short-term housing for City contractors. Concept plans to date propose a project in the range of 17 units. This is programmed under Capital Project #205014.Neither of the two projects have current water allocations. Staff has been in discussion with SCE staff to determine the process to transfer water allocations from the 2017 Cottle & Cottle housing proposal to the current concepts. If approved by the City Council, Staff will submit new water allocation questionnaires to SCE to determine what portion of the

10.38 allocation needs to be transferred to the new projects. This action will only allow the water allocation through Southern California Edison to move forward and does not provide any project approvals. Any other necessary project approvals will be processedas specified under the Avalon Municipal Code.

FISCAL IMPACTS: Undetermined.

GOAL ALIGNMENT: Housing.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No waterallocations will be available for these housing projects in the immediate future.

FOLLOW UP ACTION: Submit new water allocation questionnaires to SCE to determine what portion of the 10.38 allocation needs to be transferred to the new projects.ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: None.