Banning City Council
June 11, 2024

RESOLUTION 2024-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

PROVIDING AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATION AND

ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT: FREE FARE PROGRAM, $143,773 AND REPEALING RESOLUTION 2024-068
WHEREAS, the City of Banning is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (“Department”) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Banning wishes to delegate authorization to execute these documents and any amendments thereto to Doug Schulze, City Manager or his designee; and WHEREAS, the City of Banning wishes to implement the following LCTOP project listed above.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning as the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects; and SECTION 2. The City Manager is authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation; and SECTION 3. The City Council of the City of Banning hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY2023-2024 LCTOP funds:

Project Name: Free Fare Program
Short description of project: The extension of the Free Fare Program from two to three years. Fare would be free seniors, disabled, veterans, students and resident of Banning (with ID) on all fixed routes.

Amount of LCTOP funds requested: $143,773.00
Benefit to a Priority Populations: Program provides incentives to disadvantage community, promotes the use of public transportation, and promotes transit connectivity.

Amount to benefit Priority Populations: $136,584.35
Contributing Sponsor: Riverside County Transportation Commission (RCTC); and 221
Resolution 2024-83

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
222
Resolution 2024-83

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-83, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
223
RESOLUTION 2024-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

PROVIDING AUTHORIZATION FOR THE EXECUTION OF THE CERTIFICATION AND

ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM ( LCTOP) FOR THE FOLLOWING PROJECT: FREE FARE PROGRAM, $ 143, 733
WHEREAS, the City of Banning is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program ( LCTOP) for transit projects; and WHEREAS, the statutes related to state- funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 ( 2014) named the Department of Transportation Department") as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors ( local agencies); and WHEREAS, the City of Banning wishes to delegate authorization to execute these documents and any amendments thereto to Doug Schulze, City Manager or his designee; and WHEREAS, the City of Banning wishes to implement the following LCTOP project listed above.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning as the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects; and SECTION 2. The City Manager is authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation; and SECTION 3. The City Council of the City of Banning hereby authorizes the submittal of the following project nomination( s) and allocation request( s) to the Department in FY2023- 2024 LCTOP funds:

Project Name: Free Fare Program
Short description of project: The extension of the Free Fare Program from two to three years. Fare would be free seniors, disabled, veterans, students and resident of Banning ( with ID) on all fixed routes.

Amount of LCTOP funds requested: $ 143, 000. 00
Benefit to a Priority Populations: Program provides incentives to disadvantage community, promotes the use of public transportation, and promotes transit connectivity.

Amount to benefit Priority Populations: $ 71,500. 00
Contributing Sponsor: Riverside County Transportation Commission ( RCTC) and
Resolution 2024- 68

224
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions .

PASSED, APPROVED AND ADOPTED this 14th day of May 2024 .

ATTEST:

Caroline Patton, Admi
City of Banning
APPROVED AS TO FORM:

Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2024- 68

Alberto
City of
225
CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolut ion 2024- 68 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 14th day of May 2024 by the following vote , to wit:

AYES : Flynn , Happe , Minjares, Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN :

Resolution 2024- 68

226
Exhibit A
FY 2023- 2024 LCTOP Certifications and Assurances Form
Resolution 2024- 68

227
liit·li:tJtrans·
Lead
FY 2023- 2024 LCTOP
Certifications and Assurances
Agency: City of Banning
Project Title: Free Fare Program
Prepared by: Stephanie Sirls
The California Department of Transportation ( Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program ( LCTOP). As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements .

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration
1 . The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code§ 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.
228
11:tftrans·
FY 2023-2024 LCTOP
Certifications and Assurances

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan ( CAP).

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must ( l) contact Caltrans in writing and follow- up with a phone call verifying receipt of such notice; ( 2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; ( 3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 30th each year. b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year ( December 31) each year in which LCTOP funds have been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund.

Caltrans and project sponsors will need to submit reporting information in accordance with CARB' s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities. 229
lizlf:rans·
D. Cost Principles
FY 2023- 2024 LCTOP
Certifications and Assurances
1 . The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 ( 2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub- recipient receiving LCTOP funds as a contractor or sub- contractor shall comply with
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California ( State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty ( 30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third- party source, including but not limited to, the State Treasurer and the State Controller.

A. Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and 230
11:,Jtrans·
FY 2023- 2024 LCTOP
Certifications and Assurances
records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles ( GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three ( 3) years after the " Project Closeout" report or final Phase 2 report is submitted ( per CARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor.

Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency' s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency' s contracts with third parties pursuant to Government Code§ 8546. 7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three ( 3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment 231
ti:,Jlran!;·
FY 2023-2024 LCTOP
Certifications and Assurances
application forms , and other pertinent data and records by the Civil Rights Department , or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document .

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor ' s LCTOP funded projects at Caltrans' discretion at any time prior to the completion of the LCTOP.

I certify all these conditions will be met .

Doug Schulze City Manager
Print Authorized Agent) ( Title)
Signature) / Date)
232
Resolution 2024- 68

Exhibit B
FY 2023- 2024 LCTOP Authorized Agent Form
233
b/tran5 ·
AS THE
OF THE
FY 2023-2024 LCTOP
Authorized Agent
Mayor
Chief Executive Officer /Director /President /Secretary) City of Banning
Name of County/City/Transit Organization)
I hereby authorize the following individual( s) to execute for and on behalf of the named Regional Entity /Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program ( LCTOP) funds provided by the California Department of Transportation, Division of Local Assistance. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

D_o _u~g_S_c_h_u_lz_e_,_C_i~ty_M_a_n_a~g~e_r _____________ OR Name and Title of Authorized Agent)
Arturo Vela, Director of Public Works OR -------------------------{ Name and Title of Authorized Agent)
Lincoln Bogard, Administrative Services Director OR
Name and Title of Authorized Agent)
S_t_e~p_h_a_n_i_e_S_ir_ls_,_Tr_a_n_s_it_M_a_n_a~g~e_r ____________ OR Name and Title of Authorized Agent)
Alberto Sanchez
Print Name)
Signature)
Approved this 14
day
of
Mayor
May 2024
234

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-84, Approving the Short Range Transit Plan for Fiscal Year 2024/2025 – 2026/2027 and Authorizing the Submittal of the FY 2024/2025 Funding Claims
RECOMMENDATION:

Adopt Resolution 2024-84.

BACKGROUND:

The Riverside County Transportation Commission (RCTC) is responsible by statute for developing and approving a SRTP for Riverside County (PUC 130303). The SRTP is intended to serve three purposes:

Identify the transit operation services and capital improvements required to meet the transit needs of Riverside County over a three-year period and the proposed sources of funding to carry out the plan.

Serve as a management tool for the operators to guide their activities over the next year.

Provide justification for operating and capital assistance funds.

RCTC is tasked with allocating two primary funding sources to transit agencies: Local Transportation Fund (LTF) and State Transit Assistance (STA). RCTC also allocates State of Good Repair (SGR) and Low Carbon Transit Operations Program (LCTOP) funds.

Local Transportation Fund (LTF)
LTF is derived from a quarter-cent of the statewide general sales tax and is returned to the source from which it was generated. The three areas of apportionment within Riverside County are the Western County, Coachella Valley, and Palo Verde Valley. LTF revenues received from the California Department of Tax and Fee Administration are allocated by RCTC for program administration, regional and local transportation planning, bicycle and pedestrian facilities projects, and transit services. LTF provides a dependable revenue stream for Riverside County public transportation operations.

State Transit Assistance (STA)
STA is derived from the statewide sales tax on diesel fuel. STA is allocated by the State to Riverside County based on population and as a percentage of transit fare revenue. STA revenues received from the State Controller are allocated by RCTC for capital projects related to Riverside County’s public transit operators.
235
State of Good Repair (SGR)
The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 (Chapter 5, Statues of 2017), signed by the Governor on April 28, 2017, includes a program that will provide additional revenues for transit infrastructure repair and service improvements. This investment in public transit will be referred to as the SGR Program. This program receives funding of approximately $105 million annually. SGR funds are to be made available for eligible transit maintenance, rehabilitation and capital projects.

Low Carbon Transit Operations Program (LCTOP)
LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862. The LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emission and improve mobility, with a priority on serving disadvantaged communities. Approved projects in LCTOP are intended to support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project reducing greenhouse gas emissions.

Every year the City of Banning is required to prepare a SRTP and submit it to RCTC to receive LTF and STA funds. The City’s SRTP identifies it’s operational and capital funding needs to continue to provide transit service to the community.

JUSTIFICATION:

The City’s transit operations depend on LTF, STA and SGR funds to cover it’s operational and capital expenses. In order to receive these funds the City must submit its formally approved SRTP. The 2024/2025 – 2026/2027 SRTP has been developed by Public Works Department, Transit Division and reviewed by RCTC staff, who has deemed the SRTP ready for approval.

FISCAL IMPACT:

As proposed in the SRTP, the City will request the following funds:

Operations:

LTF: $2,381,460
LCTOP: $75,000
SGR: $60,000
Total: $2,516,460
Capital
STA: $7,119,413
Table 4 and the Capital Justification Tables, attached to this staff report, provide additional details of the funding breakdown.

As an obligation of receiving the LTF funds, the City is obligated to provide a 10% farebox recovery match. Based on FY 2023/2024 projections, staff estimates that FY 2024/2025 farebox revenue will be approximately $9,081 (due to the Free Fare Program), which is less than the expected 10% of LTF, even when supplemented by LCTOP funds of $75,000. Additional measures are being taken in an effort to meet the 10% farebox recovery requirement including the implementation of the City’s first Transit Advertising Program as well as the progress being made on the new CNG Station project which once completed, is expected to generate additional revenue for the Transit Department.

ALTERNATIVES:

Do not approve Resolution 2024-84 and provide alternate direction to staff. 236
ATTACHMENTS:

1. Resolution 2024-84, Short Range Transit Plan.docx

2. Banning SRTP FY25 FINAL.pdf

3. Table4.0A-CapitalProjectJustification.pdf

4. Table4.0-SummaryofFundingRequests.pdf
237
Resolution 2024-84

RESOLUTION 2024-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE 2024/2025-2026/2027 SHORT RANGE TRANSIT PLAN (SRTP) AND AUTHORIZING THE SUBMITTAL OF THE FISCAL YEAR 2024/2025 FUNDING CLAIMS WHEREAS, the City of Banning’s transit operations depend on Local Transportation Funds (LTF), State Transit Assistance (STA) and State of Good Repair (SGR) funds to cover its operational and capital expenses; and
WHEREAS, annually the Riverside County Transportation Commission (RCTC) requires that the county’s public transportation agencies develop and submit a Short Range Transit Plan (SRTP) in order to identify and receive LTF, STA and SGR funding; and WHEREAS, a funding claim form and standard assurances must be submitted to RCTC in order to receive allocated funds.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the 2024/2025 Short Range Transit Plan, authorizes the City Manager, or designee, to make necessary non-substantive changes, and to execute and submit the Fiscal Year 2024/2025 Public Transit Funding Claims and Standard Assurances on behalf of the City of Banning.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
238
Resolution 2024-84

APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
239
Resolution 2024-84

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-84, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
240
Resolution 2024-84

Exhibit A
Short Range Transit Plan for FY2024-25
241
1 City of Banning SRTP-FY 24/25 – FY26/27
City of Banning
Short Range Transit Plan
FY 2024/2025 – 2026/2027
City of Banning
99 E. Ramsey Street
Banning, CA 92220
951.922. 3130

242
2 City of Banning SRTP-FY 24/25 – FY26/27

TABLE OF CONTENTS
1 System Overview

1.1 Description of Service Area 3

1.2 Population Profile and Demographic Projections 5

1.3 Description of Services by Mode/Route 6

1.4 Description of Ridership, Revenue Miles/Hours 7

1.5 Current Fare Structure 8

1.6 Revenue Fleet 9

1.7 Existing Facilities 12

1.8 Existing Coordination Between Transit Agencies 12

1.9 Reference List of Prior Studies and Plans 12
2 Existing Services and Route Performance

2.1 Key Performance Indicators 13

2.2 SRTP Performance Report 15

2.3 SRTP Service Summary 15

2.4 Service Performance 16

2.5 Productivity Improvement Efforts 24

2.6 Major Trip Generators 24

2.7 Recent Service Changes 24
3 Future Service Plans, Fare Changes, Capital Planning and Marketing

3.1 Planned Service Changes for FY 24/25 – FY 26/27 25

3.2 Future Marketing Plans, Studies and Promotion 25

3.3 Projected Ridership Growth 26

3.4 Proposed Fare Structure Changes 26

3.5 Capital Planning 27
4 Financial Planning

4.1 Operating and Capital Budget 29

4.2 Funding Plans to Support Operating and Capital Program 34

4.3 Regulatory and Compliance Requirements 39
• ADA, DBE, EEO, Title VI
• TDA Triennial Audit, FTA Triennial Audit, NTD
• Alternative Fueled Vehicles

4.4 Open Projects 42
243
3 City of Banning SRTP-FY 24/25 – FY26/27
Chapter 1: System Overview

1.1 – Description of Service Area
The City of Banning (“Banning”) is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City of Banning incorporated in 1913, has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

Banning has provided public transportation service since April 1973, which expanded to two routes in September 1985. The current transit system comprises two fixed-route services and a Dial-a-Ride system that is limited to seniors (60 + years of age) and persons with disabilities, including riders certified under the Americans with Disabilities Act (ADA). The Route 1, Cabazon service, which began in July 1995, extends from Banning east to the unincorporated area of Cabazon. This route was extended in January 2000 to provide a route deviation to serve a remote residential area in eastern Cabazon. The newest route on the fixed route system, the Banning Circulator, which began in February of 2024, is an extended, blended version of Routes 5 and 6, that includes service to the City’s new Atwell Community. Please note that the Banning Circulator permanently replaced Routes 5 and 6.

The Banning Connect Transit System serves several areas, including the commercial and residential areas of Banning and Cabazon, as well as the commercial areas of the Morongo Indian Reservation and limited commercial areas in the City of Beaumont (“Beaumont”).

Banning Connect covers approximately 35 square miles in the pass area with routes connecting to regional providers.

Within the service area, the population is mixed with areas of both high and low densities. The current routes have been planned by taking advantage of this knowledge, allowing the system to operate more efficiently.

There is significant growth happening in Banning with the development of two large specific plan development projects and several industrial developments. It is anticipated that the growth will provide additional opportunities that will benefit the Banning Connect Transit System. 244
4 City of Banning SRTP-FY 24/25 – FY26/27
Your Transit Team
245
5 City of Banning SRTP-FY 24/25 – FY26/27

1.2 – Population Profile and Area Demographics
Riverside County covers 7,209 square miles with a population of over 2.4 million people in 2023, per the Department of Finance. The population density for Riverside County is 332.9 people per square mile, largely due to the vast desert areas that are not populated.

The City of Banning (“Banning”) covers 23 square miles with a population of 31,250 people in 2023. The population density for Banning is 1,358 per square mile. The racial makeup of the City is as follows:

The average age of the population is the following:
• 55 years and over 36.6%
• 35 years to 54 years 20.5%
• 20 years to 34 years 18.1%
• 19 years and younger 24.8%
The average age of the population is 41.5 years old.

White alone
35%
Black or African American
alone
7%
American Indian & Alaska
Native alone
1%
Asian alone
4%
Hispanic or Latino
44%
Two or More Races
9%

POPULATION ETHNICITY
The above breakdown exceeds 100% resulting from reporting multiple races. 246
6 City of Banning SRTP-FY 24/25 – FY26/27

1.3 Description of Services by Mode/Route
TABLE 1

DESCRIPTION OF ROUTES
Fixed Routes Description Area/Service Area
Route 1 Service from Beaumont to Cabazon via the
Banning commercial corridor along
Ramsey Street
Walmart Shopping Center, Sun Lakes Village,
Banning Police Department, Casino Morongo,
Cabazon Outlets, Cabazon Community Center, MidCounty Courthouse, Mt. San Jacinto College (Pass Campus) and the San Gorgonio Memorial Campus
Banning
Circulator
(Previously
5/6 Combo)
New route combining Routes 5 and 6 Banning Library, Banning High School, Hemmerling Elementary, Beaver Medical, Walmart, Sun Lakes
Village, San Gorgonio Memorial Hospital, DMV,
Banning Police Department, Mt. San Jacinto
Community College (Pass Campus), Atwell
Community
City-Wide Demand response and origin-todestination shared ride transportation service for senior age (60 years and older)
and persons who are unable to use
accessible fixed route bus service due to
function limitations
City of Banning (3/4 mile from any fixed route bus
stop) and limited areas in Beaumont
247
7 City of Banning SRTP-FY 24/25 – FY26/27

1.4 – Description of Ridership, Revenue Miles, Revenue Hours Ridership
In 2013, a survey was conducted showing the demographics of the Banning Connect Transit riders. The information gathered helped create a visual indication of the use of the system.

The racial makeup of the ridership is as follows:

Furthermore, 86% of respondents stated that they used the system’s fixed routes at least three times a week. 59% of the ridership used the bus service for local trips within the Banning/Beaumont/Cabazon area, and 49% use transit to travel outside of the City’s service area. For 91% of ridership, the bus system is their only means of transportation. An unspecified number of respondents stated that the transit service is readily available in their area, with many riders living within a two-block radius of a bus stop.

A substantial number of users of the system share the commonality of being either underemployed or unemployed, with 88% of riders reporting an annual household income of $20,000 or less and 81% of respondents reporting a family of two or more. 87% of those completing the survey report English as their primary language while 13% speak Spanish.

The City plans to conduct a new survey to document and update the demographics of the users of the Banning Connect Transit System in the upcoming Comprehensive Operations Analysis.
47%
34%
12%
4% 2% 1%

RIDER ETHNICITY
White/Caucasian Hispanic African American Other Native American Asian 248
8 City of Banning SRTP-FY 24/25 – FY26/27

1.5 – Current Fare Structure
The following fare schedule represents a modest increase for most fare types. The City’s fare had remained unchanged from 2012 – 2022.

Fixed Route
Fare Categories Base Fare Day Pass 10-Trip
Punch
Pass
10-Ticket
Book
Monthly
Pass
General $1.25 $3.25 N/A $12.50 $39.00
Youth (grades K-12) $1.00 $3.00 $10.00 N/A $25.00
Senior (60+) $.75 $2.00 N/A $7.50 $24.75
Disabled $.75 $2.00 N/A $7.50 $24.75
Military Veterans $.75 $2.00 N/A $7.50 $24.75
Child (46” tall or under. Must be
accompanied by full fare paying
passenger.)
$.25 N/A N/A N/A N/A
Zone Fare
(Cabazon Residential Area)
$.25 $.25 $.25 $.25 N/A
Deviations (Routes 3 & 4) $.25 $.25 $.25 $.25 $.25
Active Military FREE N/A N/A N/A N/A
GoPass (During school
session only)

FREE N/A N/A N/A N/A
Dial-A-Ride Fares
Fare Categories Base Fare 10-Ride Punch
Card
One-Way $2.00 $18.00
Companion $3.00 N/A
PCA (w/ I.D.) * FREE FREE
No Show $2.00 N/A
*Personal Care Attendant must show proper ID each time they board.

Riders have a few ways of paying for fares including purchasing passes at the Community Center and paying for fares on the buses. In FY 2019/2020 the City begun offering fare purchases through Token Transit, which offers fares via the web and a mobile application. It should also be noted that the City is currently running a three-year free fare program which offers free fare for seniors, veterans, students, persons with disabilities, and Banning residents on our local fixed routes.
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9 City of Banning SRTP-FY 24/25 – FY26/27

1.6 – Revenue Fleet
Banning Connect operates nine fixed route vehicles and all but one are powered by compressed natural gas (CNG). The vehicles are equipped with racks for two bicycles and are Americans with Disabilities (ADA) compliant as each bus comes equipped with mobility device lifts and/or ramps and two tie-down stations per bus. Fixed route vehicles range from 1 year to 14 years in age (7 years average age). Banning received three new 32-foot EZ-Rider II CNG buses in August of 2023. Two of the new buses were additions to the fleet rather than replacement in order to maintain a satisfactory spare ratio.

The transit system has four vehicles that are classified as Dial-A-Ride (two in revenue service and two as spares). Dial-A-Ride vehicles range from 1 years to 14 years in age (approximately 6 years average age). Banning received two additional Dial-A-Ride vehicles in February 2024, one is being piloted as a fully electric van on the paratransit side and the other is a replacement vehicle. The City also has four electric support vehicles which are used for driver relief or administrative errands. Table 1.1 shows the list of the of the City’s revenue fleet inventory. 250
10 City of Banning SRTP-FY 24/25 – FY26/27
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12 City of Banning SRTP-FY 24/25 – FY26/27

1.7 – Existing Facilities
The Banning transit system functions as a division within the Department of Public Works of the City and utilizes existing facilities. Customer service aspects of the transit division are available at the City’s Community Center located at 789 North San Gorgonio Avenue, where bus passes are sold, schedules are available and ADA applications can be picked up and returned. Phone calls for general information and questions regarding scheduling are received Monday – Friday from 8:00am to 5:00pm at the Community Center.

Administrative offices for the transit division, as well as the maintenance, parking, fueling of the buses, and storage of bus stop amenities, are located at the City’s Corporation Yard located at 176 East Lincoln Street. The facility is equipped with five service bays, an outside vehicle wash bay, and a CNG station with slow fill dispensers. Maintenance of transit’s fleet is performed by the Public Works Department, Fleet Maintenance Division. All dispatch and scheduling for paratransit services are handled at the Corporation Yard location as well.

1.8 – Existing Coordination between Transit Agencies
In 2019, the Cities of Banning and Beaumont executed a new Interagency Service Agreement (ISA), outlined the relationship between each agency’s operations and the manner in which the transit systems would operate within each City’s service areas including, but not limited to route planning, scheduling, stops, transfers and the dissemination of information. The ISA was renewed by both parties in 2023.

In addition, a Memorandum of Understanding is held with the Morongo Band of Mission Indians allowing stops on their property. Services are coordinated with Riverside Transit Agency (RTA) by providing timed stops that meet with routes that provide travel to and from the areas of Hemet and Moreno Valley (i.e., Route 31 at either Sun Lakes Boulevard just east of Highland Springs Avenue or the Walmart stop along 2nd Street). Riders can also connect with the Amtrak Thruway Bus Service at Casino Morongo.

1.9 – Reference List of Prior or Existing Studies and Plans In FY2022/2023, the City partnered with the Riverside County Transportation Commission (RCTC) and the Center for Transportation and the Environment (CTE) and successfully submitted its Zero Emission Roll-out Plan to the California Air Resources Board (CARB) which contained a commitment and detailed plan to transition to a fully zero-emission bus fleet composed of battery electric buses by 2040, in accordance with the Innovative Clean 253
13 City of Banning SRTP-FY 24/25 – FY26/27
Transit (ICT) regulation. The City also plans to develop a Comprehensive Operating and Capital Needs Analysis beginning in FY 2024/2025.

Chapter 2: Existing Service and Route Performance

2.1 – Key Performance Indicators
Banning Connect ridership levels are still recovering from the impacts associated with the COVID-19 pandemic. However projected ridership volumes for this fiscal year demonstrate progress with ridership exceeding 100,000 passenger trips. It is unclear what the next year will bring, however an additional increase in ridership is projected for FY25, bringing Banning Connect closer to pre-pandemic ridership levels.
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14 City of Banning SRTP-FY 24/25 – FY26/27
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15 City of Banning SRTP-FY 24/25 – FY26/27

2.2 – SRTP Performance Report
Banning Connect observed a downward trend preceding COVID-19 beginning in 2016. An increase in ridership was realized in the first quarter of FY 2019/2020 resulting from the new Interagency Services Agreement with City of Beaumont, but later drastically dropped due to COVID-19. Ridership numbers are rebounding in FY2023/2024, indicating that ridership is growing in the right direction.

The FY2024/2025 plan predicts that some targets will not be met, however ridership targets are getting closer to pre-pandemic levels. Financial impacts are still occurring with increases in operating costs year to year, independent of the pandemic. See Table 2.1 for more information.

2.3 – SRTP Service Summary
All Routes
The COVID-19 pandemic drastically reduced ridership and farebox revenue to much lower numbers than seen in normal years. However, ridership levels are improving. We anticipate that ridership will be closer to pre-pandemic levels in FY 2024/25 Table 2.2 below identifies the 3rd quarter totals for FY 2023/2024 and projections for FY 2024/2025. It should be noted that the city has no excluded routes to report in this SRTP.

Fixed Route Service
The Banning Transit System currently has two fixed route services (Route 1 and the Banning Circulator) which serve downtown and neighborhood areas of Banning, both the residential and business areas of Cabazon, and the main commercial area of Beaumont (Walmart). Fixed route operations run from 5:00am to 10:00pm (Route 1), 5:30am to 6:32pm (Banning Circulator) during the week and are adjusted to 8:00am and 6:00pm on the weekends.

The cities of Banning and Beaumont have entered into an Interagency Services Agreement which prohibits either agency from operating a fixed route within each other’s City limits.

Transfers between the Banning and Beaumont transit systems occur at the Beaumont Walmart and San Gorgonio Memorial Hospital stops only. Current route maps are provided at the end of this section.

With the anticipation of ridership levels returning to near pre-pandemic levels, the City expects to be on track from a ridership perspective. However, COVID-19 presented a significant impact to daily operations outside of ridership impacts. Operating costs are increasing due to national inflation, increased fuel costs, and challenges to the supply chain for parts. These impacts will continue on an upward trend independent of local ridership. This will make it very challenging for the City to meet its 10% fare recovery goals.
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16 City of Banning SRTP-FY 24/25 – FY26/27
Dial-A-Ride (DAR)
The Banning transit system Dial-A-Ride is a service offered to seniors, aged 60 and older, and passengers eligible under the Americans with Disabilities Act (ADA). DAR operates from 6:00am to 6:45pm on weekdays and 8:00am to 4:45pm on the weekends. Limited-service hours are available for non-ADA passengers. ADA passengers are required to fill out a certification application to determine eligibility. If terms are met, the applicant receives a card certifying their eligibility to ride.

The primary uses for the Dial-A-Ride system are transportation to medical appointments, workshop programs for persons with disabilities and shopping areas. Dial-a-Ride services also provide connections to the RTA, Sunline, and Banning and Beaumont fixed routes.

Additionally, demand for paratransit is expected to grow.

Like fixed route, the COVID-19 pandemic drastically impacted ridership numbers for DAR throughout 2023/2024 fiscal year and while there has been growth, FY 2024/2025 will also be impacted.
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17 City of Banning SRTP-FY 24/25 – FY26/27

2.4 – Service Performance
Route 1 – Beaumont/Banning/Cabazon
Route 1 is among the most used routes in the system, operating along Ramsey Street and serving the commercial area Beaumont (Walmart), residential areas of Cabazon and Casino Morongo and the outlet malls in Cabazon. Ridership on Route 1 typically accounts for approximately 70% of the total use of the system.

While the longest in distance, this route operates on a one-hour headway from Beaumont to Casino Morongo. The major stops on this line include Albertsons, Wal-Mart, Banning City Hall, Mid-County Justice Center, Social Services offices in Banning, San Gorgonio Memorial Hospital, Casino Morongo and the Desert Hills Outlets in Cabazon.

The second loop of Route 1 also runs on an hour headway departing from Casino Morongo and servicing the Cabazon Community Center and the residential areas of Cabazon. Two buses are operated on this route which allows for hourly service to the two respective areas.

Route 5/6 - Banning Circulator
Banning Circulator accounts for 20% percent of Banning’s Transit System use, providing service to the areas that lie north and south of the I-10 Freeway in the City of Banning. Major stops on this route are the Mid-County Justice Center, Banning City Hall, the Banning Community Center, Library, Medical Facilities, the Mt. San Jacinto Pass Campus, Banning High School, Smith Correctional Facility, San Gorgonio Memorial Hospital and the commercial area of Beaumont (Walmart).
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18 City of Banning SRTP-FY 24/25 – FY26/27
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21 City of Banning SRTP-FY 24/25 – FY26/27

SERVICE AREA MAP
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22 City of Banning SRTP-FY 24/25 – FY26/27
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24 City of Banning SRTP-FY 24/25 – FY26/27

2.5 – Productivity Improvements Efforts
City staff will continue to monitor key performance metrics throughout the year in order to identify underperforming routes and trips and make adjustments as necessary. Additionally, staff plans to develop a Comprehensive Operating and Capital Needs Analysis in FY 2024/2025. One goal of the COA will be to develop a plan for improving the City’s routes to make them more efficient in an effort to meet the needs of the City’s riders.

The City continues to offer mobile ticketing through Token Transit in order to enhance the customer experience by improving the City’s fare program through the use of technology.

Token Transit is available to all users of the City’s fixed route service.

Additionally, in FY 2022/2021 the City deployed the Swiftly platform. Swiftly is a big data platform developed to help transit agencies and cities improve urban mobility. Swiftly utilizes billions of data points using sophisticated algorithms to improve transit system performance, service reliability and real-time passenger information.

The Swiftly platform includes “Transitime”, which provides accurate real-time information for riders and dispatchers via the web and transit mobile apps such as Google Maps, Transit and Moovit. The information provided includes maps showing transit vehicles moving in real-time and accurate arrival prediction, a useful tool for riders and City staff.

2.6 – Major Trip Generators
Major passenger trip destinations that the Banning transit system services are the Sun Lakes Plaza Shopping Center, the Walmart Supercenter in Beaumont, the Banning Justice Center, San Gorgonio Pass Hospital, Beaver and Loma Linda Medical Plazas, the Cabazon Outlet Stores, Desert Hills Premium Outlets, Casino Morongo and the Mt. San Jacinto College Pass Campus. There is a high demand for service to these destinations whether for employment, necessities, or pleasure.

2.7 – Recent Service Changes
Effective February 20, 2024, the City interlined Routes 5 and 6, added another bus on the route and rebranded it as the Banning Circulator. This new route also includes hourly service into the City’s new Atwell community. In an effort to continue to recover from the COVID-19 pandemic, hourly service into Cabazon was also restored.

Route Operating Hours
Route 1 5:11am – 10:00pm
Route 5/6 Banning
Circulator
5:30am – 6:28pm
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25 City of Banning SRTP-FY 24/25 – FY26/27
Chapter 3: Future Service Plans, Fare Changes, Capital Planning and Marketing

3.1 – Planned Service Changes FY 2024/2025 – FY 2025/2026 A Comprehensive Operational and Capital Needs Analysis is planned for the upcoming fiscal year to determine capital needs associated with the Zero-Emissions Roll-out Plan as well as to determine if further route changes are needed to ensure optimal service is being provided.

3.2 – Marketing Plans and Promotions
Efforts have been made to market the City’s transit system over the past year and will continue in the coming years. These efforts include purchasing advertising on a map of the San Gorgonio Pass Area, distribution of route maps by delivery to the library, Chamber of Commerce, San Gorgonio Memorial Hospital, Mt. San Jacinto Pass Campus, local hotels, businesses, and social media outlets. Presentations regarding transit services have also been made at local schools, HOA’s, senior centers and hospitals.

Additionally, the City developed a new brand for the transit system called “Banning Connect”:

This new branding was completed in March 2021.

The City has completed the deployment of the Banning Connect Transit System branding and has updated its route maps, bus stop signs, fliers, and exterior/interior bus graphics.

The City’s efforts to promote ridership will include the following in this upcoming fiscal year:

1. Attend senior community meetings to provide information.

2. Articles in local papers highlighting new transportation routes, as needed.

3. Incorporate and coordinate travel training opportunities for the area’s passengers with regional providers including Sunline, RTA and Beaumont. 266
26 City of Banning SRTP-FY 24/25 – FY26/27

4. Offer “Rider Appreciation Day” to raise awareness of benefits of public transportation.

5. Participate with Transportation Now, Senior Transportation Assistance Group, Pass Area Senior Connections, Pass Area Veterans Assistance, Cabazon Community Resources, and other efforts.

6. Increase the City’s social media presence.

The Banning transit system strives to operate service in a manner that will maximize system productivity, efficiency, as well as the use of subsidies. General goals include:
• Develop an ongoing planning process with key agencies and organizations within the region.
• Develop a core group of services that connect key activity points and commit to providing service along those corridors.
• Continually review all services to evaluate the efficiency and needs of the transit system.

3.3 – Projected Ridership Growth
For the past decade, the City of Banning has observed very little private development projects that would have a noticeable impact to ridership. Over the past two years the City has seen much more development activity including entitlements of various commercial developments that could potentially act as ridership generators. There are also two large specific plan developments that amount to approximately 7,700 residential units, multiple schools, commercial/retail phases, and parks.

Additionally, and as previously mentioned in the report, the new agreement with the City of Beaumont resulted in a noticeable increase in ridership. This increase was short lived due to the COVID-19 pandemic, which drastically impacted ridership because of the” shelter in place” orders and the closure of many businesses. It is unknown how long the recovery period will last, although the City is optimistic based on this year’s ridership increase and anticipates a continued growth in ridership based on rebranding efforts, increased efficiencies and service reliability, and the free fare promotion with additional outreach and promotion of the benefits of using public transportation.

3.4 – Proposed Fare Structure Changes
The City proposed a modest increase in fixed route fares effective July 1, 2022. Additionally, the City currently does not receive any revenue from participating in the Go Pass service provide to Mount San Jacinto Community College. Efforts will be made to negotiate compensation, which may determine the City’s future participation in the program. 267
27 City of Banning SRTP-FY 24/25 – FY26/27

3.5 – Capital Planning
Rolling stock
In an effort to accomplish our SRTP goals, the City will strive to keep an efficient and reliable rolling stock. As part of this task, the replacement of buses is essential. The City ordered three new 32-foot EZ-Rider II CNG buses, one Dial-A-Ride cutaway as well as a fully electric paratransit van in March 2023 and received the buses in FY 2023/24. The City currently plans to replace four buses in FY 2024/2025, further described in Chapter 4.

Fixed route vehicles range from 1 year to 14 years in age (7 years average age) and Dial-ARide vehicles range from 1 year to 14 years in age (approximately 6 years average age).

The City has planned for the purchase of four new buses to support operations along with one relief vehicle for the use of staff to perform miscellaneous administrative functions.

CNG Fueling Station
The City currently owns and operates a Compressed Natural Gas (CNG) fueling facility used to fuel the City’s CNG fleet. The facility is well beyond its useful life and is currently planned for replacement. The project was awarded in September 2023 and staff is optimistic about the progress that has been made. The new station will have a public dispenser, which may provide an additional funding source for the City’s transit service.

Funding for a second compressor and backup generator for the CNG station’s rehabilitation is also included in the FY2024/2025 SRTP.
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28 City of Banning SRTP-FY 24/25 – FY26/27
City of Banning
Short Range Transit Plan: FY 2024/2025 – FY 2028/2029
Table 3 Highlights
• City will order four new CNG buses in early FY 2024/2025 • A Comprehensive Operating and Capital Needs Analysis will be conducted to determine capital needs and service modifications (if necessary) to comply with the ZEB roll-out plan.
• CNG Station Rebuild will improve reliability and possibly provide the transit system with a revenue source.
• Upgrade existing bus stops and add bus shelters to highly used stops where a bus shelter currently does not exist.
• Participation in a three-year Free Fare program
• Purchase of back-up generator for CNG station
• Purchase of a second compressor for CNG station
• Power and facility upgrades will take place once the master planning analysis is completed in an effort to kick-off the City’s first stage of transitioning to zeroemissions. 269
29 City of Banning SRTP-FY 24/25 – FY26/27
Chapter 4: Financial Planning

4.1 – Operating and Capital Budget
For FY2024/2025, operating funds needed to operate the Banning Transit System are $2,712,667 for the Fixed Route and DAR. This is a 24% increase when compared to last year due to an increase in interfund service payments and transfers to Fleet due to the increase in time spent on transit vehicles operating beyond their useful life as well as an increase in pension expenses. Associated operating funds consist of $2,381,460 in local transportation funds (LTF), other local revenue $187,126, State of Good Repair (SGR) funds of $60,000, LCTOP funds of $75,000, and a projected farebox revenue of $9,081. See Table 4 for more details.

A request in the amount of $7,119,413 of State Transit Assistance (STA) funds is included in this SRTP to fund various capital improvement projects to include:
• $3,400,000 to replace four CNG Fixed Route buses.
• $1,165,000 for additional components needed for the CNG Station Rehabilitation project to include a backup generator and second compressor. • $2,554,413 for power and facility infrastructure upgrades needed to begin the transition to zero-emission vehicles.
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4.2 – Funding Plans to Support Proposed Operating and Capital Program The City is projecting a 3% increase in operating costs per year over the next four years. Tables

4.0 – 4.4 listed below show the upcoming future operating and capital expenditures over the next four years.
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4.3 – Regulatory and Compliance Requirements
ADA
The City of Banning submitted an Americans with Disabilities Act Paratransit Plan to the FTA on January 26, 1992. Fixed route buses are equipped with ADA compliant mobility device lifts and are accessible to persons with disabilities. A procedure is in place to provide service to a customer in a mobility device should a fixed route bus lift fail.

Dial-A-Ride services provide ADA complementary paratransit service for the fixed route services operated by Banning transit system. The system uses a self-certification process with professional verification.

Title VI
Banning transit system does not utilize federal funds for operating expenses. As such, Title VI requirements do not currently apply to the transit system.

Alternatively Fueled Vehicles (RCTC Policy)
Fixed-route buses are CNG powered and currently fueled at a City owned and operated CNG fueling station. Dial-A-Ride vehicles (which are less than 33,000 lbs. GVW and 15-passenger capacity), administrative and driver relief vehicles are gasoline-powered. The City is planning to pilot a fully electric van on paratransit in FY 2023/2024.

Future vehicle purchases will be in compliance with the RCTC and South Coast Air Quality Management District (AQMD) policies regarding alternative fuel transit vehicles.

TDA Triennial Audit
California’s Transportation Development Act (TDA) requires that a triennial performance audit be conducted of public transit entities that receive TDA revenues. The performance audit serves to ensure accountability in the use of public transportation revenue.

The most recent TDA was completed in FY 2019/2020 (Y2019 – 2021). 281
41 City of Banning SRTP-FY 24/25 – FY26/27
City of Banning

SHORT RANGE TRANSIT PLAN
FY2024/2025 - FY2026/2027
Table 4.5 TDA Triennial
Audit
Recommendations Action Taken and Results
Ensure timely
completion and
submittal of external
TDA financial reports.

The City will be implementing a new ERP system effective June 2024 to replace the existing ERP system that is over 20 years old. The new ERP system will automate all journal entry workflows (review and approval) going forward. The City also plans to implement a contract for FY 2023-24 year-end close to assist with the process, document procedures, and help automate our financial statement preparation.

Consider commissioning
the development of a
Comprehensive
Operational Analysis.

A COA is planned for FY2025.

Consider the
development of an
advertising program and
other local funds to
support farebox
recovery.

The City’s first Transit Advertising Program was approved by Council March 2023.

The CNG Station project was awarded in September of 2023 and the project is now underway.
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42 City of Banning SRTP-FY 24/25 – FY26/27
Maintain efforts to hire
and retain a transit
manager.

Transit Manager was hired July 2022.
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City of Banning

SHORT RANGE TRANSIT PLAN
FY2024/2025 - FY2028/2029
Table 4.6 Open Projects Prior to Fy2024/2025
LEGEND
Project Elements
1 Revenue Vehicle Purchases 7 Fixed Guideways and Tracks 2 Non-Revenue Vehicle Purchase 8 Debt Service
3 Vehicle Systems and Equipment 9 Maintenance
4 Building, Land and Facilities 10 Security
5 Communication and Information Tech Systems 11 Planning/Feasibility 6 Transit Shelters and Amenities
Funding Category
1 Fully Funded 2 Partially Funded
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44 City of Banning SRTP-FY 24/25 – FY26/27
285
FY 2024/25 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 25-01 FTIP No: Not Assigned - New Project Project Name: Bus Replacement B
Category: Bus
Sub-Category: Replacement
Fuel Type: Other
Project Description: 23-01 Replace three (3) buses and one (1) relief vehicle. 24-01 Replace one (1) bus and three (3) relief vehicles. 25-01 Replace four (4) buses. 26-01 Replace one (1) relief vehicle. 27-01 Replace one (1) buses and one (1) relief vehicle. This includes CNG, Gas, and Electric Vehicles
Project Justification: Continue to replace fixed route and cutaway buses that are operating beyond their useful life along with support/relief vehicles for Transit Operations support.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2024/25 $3,400,000
Total $3,400,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
23-01
24-01
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FY 2024/25 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 25-02 FTIP No: Not Assigned - New Project Project Name: Backup Generator - Transit Division
Category: Buildings and Facilities
Sub-Category: Rehabilitation/Improvement
Fuel Type: N/A
Project Description: Adding a new backup generator to support the new CNG fueling station.

Project Justification: Service operations are dependent on a reliable fueling infrastructure.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2024/25 $900,000
Total $900,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2024/25 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 25-03 FTIP No: Not Assigned - New Project Project Name: CNG Station - Compressor #2
Category: Buildings and Facilities
Sub-Category: Expansion
Fuel Type: CNG
Project Description: CNG Compressor Expansion to include a second compressor which supports fueling multiple vehicles at once.

Project Justification: The current CNG facility is being rehabilitated and the new design requirements incorporate a second compressor to improve operations.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
STA PUC99313 FY 2024/25 $247,969
STA PUC99314 FY 2024/25 $17,031
Total $265,000

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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FY 2024/25 SRTP
City of Banning
Table 4.0 A - Capital Project Justification
Original
Project Number: 25-04 FTIP No: Not Assigned - New Project Project Name: Zero-Emission Facility Upgrades and Infrastructure Category: Buildings and Facilities
Sub-Category: Upgrade
Fuel Type: Electric
Project Description: This project includes the upgraded infrastructure necessary for transitioning the City of Banning's transit fleet to zero emission. This includes the work of chargers, dispensers, power upgrades and associated on-route charging.

Project Justification: As part of the ICT rollout plan, the City of Banning elected to use battery-electric technology. The infrastructure is to replace aging technology.

Project Schedule:

Start Date Completion Date
PROJECT FUNDING SOURCES:

Fund Type Fiscal Year Amount
SB 125 TIRCP GF FY 2024/25 $2,489,413
STA PUC99313 FY 2024/25 $65,000
Total $2,554,413

PRIOR YEAR PROJECTS OF A SIMILAR NATURE WITH UNEXPENDED BALANCE INCLUDING PROJECTS

APPROVED BUT NOT YET ORDERED
FTA Grant No. FTIP ID No. RCTC/SRTP
Project No.

Description
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Table 4.0 - Summary of Funding Requests - FY 2024/25
City of Banning
Original
Operating

FARE LCTOP OB LCTOP
PUC99313
LTF OTHR LCL SB 125 TIRCP
GF
Project Total Amount SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Capitalized Preventative Maintenance $60,000 $57,703 $2,297 Operating Assistance (BUS) (FY 2024/25) $2,388,060 $75,000 $2,143,314 $169,746 Operating Assistance (DAR) (FY 2024/25) $264,607 $9,081 $0 $238,146 $17,380 Sub-total Operating $2,712,667 $9,081 $0 $75,000 $2,381,460 $187,126 $0 $57,703 $2,297 $0 $0 Capital

FARE LCTOP OB LCTOP
PUC99313
LTF OTHR LCL SB 125 TIRCP
GF
Project Total Amount SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Backup Generator - Transit Division - 25-02 $900,000 $900,000 Bus Replacement B - 25-01 $3,400,000 $3,400,000
CNG Station - Compressor #2 - 25-03 $265,000 $247,969 $17,031 Zero-Emission Facility Upgrades and Infrastructure
- 25-04
$2,554,413 $2,489,413 $65,000
Sub-total Capital $7,119,413 $0 $0 $0 $0 $0 $2,489,413 $0 $0 $4,612,969 $17,031 Total Operating & Capital $9,832,080 $9,081 $0 $75,000 $2,381,460 $187,126 $2,489,413 $57,703 $2,297 $4,612,969 $17,031 FY 2024/25 Projected Funding Details
FARE $9,081
LCTOP OB $0
LCTOP PUC99313 $75,000
LTF $2,381,460
OTHR LCL $187,126
SGR PUC99313 $57,703
SGR PUC99314 $2,297
Total Estimated Operating Funding Request $2,712,667
SB 125 TIRCP GF $2,489,413
STA PUC99313 $4,612,969
STA PUC99314 $17,031
Total Estimated Capital Funding Request $7,119,413
Total Funding Request $9,832,080
TransTrack Manager™ Page 1 of 1
5/22/2024 17:40:16 ET 290

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolutions 2024-85 and 2024-86, Approving Two Memoranda of Understandings (MOU) with International Brotherhood of Electrical Workers (IBEW) General and Utility Units, Respectively, Effective July 1, 2022 through June 30, 2024
RECOMMENDATION:

Adopt Resolutions 2024-85 and 2024-86.

BACKGROUND:

City Council has previously approved Tentative Agreements (TA) with IBEW General and Utility Units for the bargaining period of July 1, 2022 through June 30, 2024. Those TAs included language for a reopener to address two additional issues that needed additional legal research. Council approved a TA with the groups for those reopener items on May 14, 2024, and the unions have since ratified via membership votes.

The Tentative Agreement with IBEW Local 47 representing the Utility Unit was accepted by City Council via Resolution 2022-153 in open session of City Council on November 8, 2022. That Tentative Agreement contained language for a reopener to address leave payouts and city funded healthcare options. The Utility Unit met and ratified that successor Tentative Agreement and now Council is requested to accept the resulting Memorandum of Understanding.

The Tentative Agreement with IBEW Local 47 representing the General Unit was accepted by City Council via Resolution 2023-010 in open session of City Council on January 10, 2023. That Tentative Agreement contained language for a reopener to address leave payouts and city funded healthcare options. The Utility Unit met and ratified that successor Tentative Agreement and now Council is requested to accept the resulting Memorandum of Understanding.

JUSTIFICATION:

The City Council must ratify the MOUs for execution by the City Manager.

FISCAL IMPACT:

The fiscal impact was discussed with City Council in closed session and the original TA fiscal impact was discussed at the time of that approval. The fiscal impact of the reopener items is approximately $12,000 per year for the General Unit and $9,600 per year for the Utility Unit. That difference is primarily based on the size of those labor groups.

ALTERNATIVES:

Do not adopt Resolutions 2024-85 and 2024-86 and provide staff alternate direction. 291
ATTACHMENTS:

1. Resolution 2024-85, IBEW General MOU.docx

2. Resolution 2024-86, IBEW Utility MOU.docx

3. 5.15.24 IBEW General MOU 2022-2024 (Clean).pdf

4. 5.15.24 IBEW UTILITY MOU 2022-2024 (Clean).pdf
292
Resolution 2024-85

RESOLUTION 2024-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 47 REPRESENTING THE GENERAL UNIT EMPLOYEES, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2024, AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A

SUCCESSOR AGREEMENT
WHEREAS, the City of Banning ("City") has formally recognized the International Brotherhood of Electrical Workers Local 47 ("IBEW') as the exclusive employee organization for the General Unit employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding ("MOU") between the City and the IBEW expired on June 30, 2022; and
WHEREAS, the City labor representatives and IBEW representatives have successfully met, conferred and signed a Tentative Agreement on the deal points for a successor MOU for the period of July 1, 2022 through June 30, 2024 pursuant to the Meyers-Milias-Brown Act (MMBA) (Gov't code Sections 3500-3511) and the City's Employer-Employee Relations Resolution 2010- 45; and
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the IBEW membership has ratified the Tentative Agreement for a successor MOU, where once approved by the governing body and the resulting final MOU is signed by the City Manager and IBEW representatives becomes a binding agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council hereby approves the Successor MOU between the City and IBEW (Local 47) representing the General Unit Employees, for the period of July 1, 2022 through June 30, 2024.

SECTION 2. The City Council hereby authorizes and directs the City Manager or designee to finalize and execute the Successor MOU, based on the approved Tentative Agreements, on behalf of the City of Banning.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 293
Resolution 2024-85

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
294
Resolution 2024-85

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-85, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
295
Resolution 2024-85

EXHIBIT A
IBEW General Unit MOU for 2022-2024
296
Resolution 2024-86

RESOLUTION 2024-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL 47 REPRESENTING THE UTILITY UNIT EMPLOYEES, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2024, AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A

SUCCESSOR AGREEMENT
WHEREAS, the City of Banning ("City") has formally recognized the International Brotherhood of Electrical Workers Local 47 ("IBEW') as the exclusive employee organization for the Utility Unit employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding ("MOU") between the City and the IBEW expired on June 30, 2022; and
WHEREAS, the City labor representatives and IBEW representatives have successfully met, conferred and signed a Tentative Agreement on the deal points for a successor MOU for the period of July 1, 2022 through June 30, 2024 pursuant to the Meyers-Milias-Brown Act (MMBA) (Gov't code Sections 3500-3511) and the City's Employer-Employee Relations Resolution 2010- 45; and
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the IBEW membership has ratified the Tentative Agreement for a successor MOU, where once approved by the governing body and the resulting final MOU is signed by the City Manager and IBEW representatives becomes a binding agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council hereby approves the Successor MOU between the City and IBEW (Local 47) representing the Utility Unit Employees, for the period of July 1, 2022 through June 30, 2024.

SECTION 2. The City Council hereby authorizes and directs the City Manager or designee to finalize and execute the Successor MOU, based on the approved Tentative Agreements, on behalf of the City of Banning.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 297
Resolution 2024-86

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
298
Resolution 2024-86

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-86, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
299
Resolution 2024-86

EXHIBIT A
IBEW-Utility Unit MOU for 2022-2024
300
12453848.1 BA060-057

INTERNATIONAL

BROTHERHOOD OF

ELECTRICAL WORKERS
LOCAL 47

GENERAL UNIT
(IBEW – GENERAL)

MEMORANDUM OF

UNDERSTANDING
July 1, 2022 – June 30, 2024
301
General – IBEW MOU 2022-2024 2
Table of Contents
ARTICLE 1 - PREAMBLE .................................................................................................. 3 ARTICLE 2 - CONTINUATION OF RULES & POLICIES .................................................. 5 ARTICLE 3 - EMPLOYEE RIGHTS .................................................................................... 5 ARTICLE 4 -MANAGEMENT RIGHTS ............................................................................... 6 ARTICLE 5 -PROBATIONARY PERIOD............................................................................ 7 ARTICLE 6 -DUES DEDUCTION; AGENCY SHOP .......................................................... 7 ARTICLE 7 - EMPLOYEE ORGANIZATION REPRESENTATIVES .................................. 8 ARTICLE 8 - BULLETIN BOARDS .................................................................................... 9 ARTICLE 9 - MEMORANDUM OF UNDERSTANDING COPIES ...................................... 9 ARTICLE 10 - MEETINGS.................................................................................................. 9 ARTICLE 11 - HOURS OF WORK ................................................................................... 10 ARTICLE 12 - LIGHT DUTY ............................................................................................. 11 ARTICLE 13 - REST PERIOD .......................................................................................... 11 ARTICLE 14 - SALARIES, CERTIFICATE PAY, PREMIUM PAY PERFORMANCE EVALUATIONS ................................................................................................................ 12 ARTICLE 16 - TEMPORARY UPGRADE PAY AND PROMOTION PAY ........................ 18 ARTICLE 17 - PAY FOR JURY DUTY & COURT APPEARANCES ............................... 18 ARTICLE 18 - SAFETY EQUIPMENT AND TRAINING ................................................... 19 ARTICLE 19 - MILEAGE, MEALS AND OTHER REIMBURSEMENT ............................. 20 ARTICLE 20 - TUITION REIMBURSEMENT: EDUCATION INCENTIVE ........................ 21 ARTICLE 21 - SICK AND BEREAVEMENT LEAVE ........................................................ 23 ARTICLE 22 - VACATION AND HOLIDAY ACCRUALS ................................................. 24 ARTICLE 23 - MEDICAL AND DENTAL INSURANCE ................................................... 27 ARTICLE 24 - RETIREMENT AND MEDICARE .............................................................. 30 ARTICLE 25 - MISCELLANEOUS BENEFITS ................................................................. 31 ARTICLE 26 - IBEW-Local 47 RETIREE MEDICAL FUND ............................................. 32 ARTICLE 27 - LAYOFFS AND RE-EMPLOYMENT ........................................................ 32 ARTICLE 28 - GRIEVANCE PROCEDURE ..................................................................... 34 ARTICLE 30 - SEVERABILITY CLAUSE......................................................................... 36 ARTICLE 31 - COMPLETE AGREEMENT ....................................................................... 36 ARTICLE 32 - POSTING JOB VACANCIES .................................................................... 36 ARTICLE 33 - RE-OPENERS ........................................................................................... 36 302
General – IBEW MOU 2022-2024 3

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BANNING AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - LOCAL 47 REPRESENTING THE GENERAL EMPLOYEES UNIT FOR THE PERIOD July 1, 2022 THROUGH JUNE 30, 2024
ARTICLE 1 - PREAMBLE

1.1 This Memorandum of Understanding (hereinafter referred to as the "MOU") is entered into between the City of Banning (hereinafter referred to as the "City"), a Municipal Corporation, and the authorized representatives of the International Brotherhood of Electrical Workers -Local 47 (hereinafter referred to as "IBEW-Local 47"), the recognized employee organization representing the General Employees Unit of representation (hereinafter referred to as the "Unit"), relative to wages, hours, and other terms and conditions of employment as provided by Sections 3500. - 3510 of the California Government Code, otherwise known as the Meyers-Milias-Brown Act.

1.2 Recognition. The City continues to recognize IBEW-Local 47 as the exclusive recognized employee organization representing full time, permanent employees in the Unit or hereafter employed by the City and eligible for inclusion in the Unit. All included provisions of this MOU apply only to employees who are covered by the MOU. It is understood that this MOU shall constitute a bar to any petition or request for recognition of any representational unit which includes classifications of employees covered by this MOU or such petitions to represent such employees at any time during the term hereof. This provision shall not preclude employees from exercising their rights as may be provided by the Meyers-Milias-Brown Act or the Employer-Employee Relations Resolution of the City.

1.3 Term. Except as otherwise provided herein, this MOU between the City and IBEWLocal 47 relative to wages, hours, and other terms and conditions of employment shall become effective upon approval by City Council and thereafter shall remain in full force until its term expires at close of business on June 30, 2024, except that if no successor MOU has been negotiated and approved by June 30, 2024, then this MOU shall extend and not be terminated until such time as a successor MOU is approved by City Council or City Council unilaterally implements its last, best and final offer after impasse procedures have been followed, whichever occurs first.

1.4 Represented Classifications. This MOU covers employees in the following classifications:

Classification Table Effective 10/26/2022 Salary Range
Accountant 61
Accountant II 64
Accounting Specialist 58
Animal Control Officer 56
Building Permit Specialist 55
Building Inspector 62
Building Maintenance Specialist I 53
303
General – IBEW MOU 2022-2024 4
Building Maintenance Specialist II 55
Building Maintenance Specialist III 57
Bus Driver 48
Bus Driver Lead/Trainer 55
Buyer 66
Cable Services Specialist 44
Code Compliance Officer 58
Case Manager Specialist 54
Code Compliance Supervisor 70
Custodian 34
Development Project Coordinator 61
Economic / Redevelopment Project Coordinator
Engineering Services Assistant 48
Executive Secretary 53
Fleet Maintenance Mechanic I 53
Fleet Maintenance Mechanic II 55
Fleet Maintenance Mechanic III 57
Lead Fleet Maintenance Mechanic 59
Lead Police Records Specialist
Public Safety Dispatcher Supervisor 56
Maintenance Worker I 49
Maintenance Worker II 51
Maintenance Worker III 53
Motor Sweeper Operator 50
Multimedia Specialist 70
Office Specialist 49
Payroll Coordinator 53
Police Records Assistant I 51
Police Records Assistant II 55
Program Coordinator 55
Property Evidence Specialist 63
Public Safety Dispatcher 59
Public Works Inspector 64
Purchasing Assistant 52
Receptionist
Recreation Coordinator 51
Senior Building Inspector 67
Senior Code Compliance Officer 64
Senior Maintenance Worker 55
Senior Utility Billing Representative 50
Environmental Program Coordinator 61
Transit Field Supervisor 64
Customer Service Utility Billing Representative 45
Work Release Crew Lead 55
304
ARTICLE 2 - CONTINUATION OF RULES & POLICIES

2.1 Other Written Policies. It is understood and agreed that all such written ordinances, policies, resolutions, rules and regulations, including, but not limited to, the Personnel Rules and Regulations of the City, the Employer-Employee Relations Resolution (Resolution No. 2010-45); and the Administrative Manual of the City shall remain in effect during the course of this MOU subject to amendment or deletions as otherwise provided herein.

2.2 Past Practice. For purposes of this MOU, "past practice" shall be defined as an unwritten policy, procedure or work rule of the City affecting wages, hours or conditions of employment, upon which the City and members of the Unit have come to rely through a course of conduct and which is not inconsistent with the express terms and conditions of this MOU. As of the .effective date of this MOU, all past practices preexisting this MOU shall be deemed to be void and of no further force and effect.

2.3 Meet and Confer. The City and IBEW-Local 47 agree to meet and confer during the term of this MOU over the adoption, amendment or revision, including repeal, of City ordinances, resolutions, rules and regulations, including but not limited to, the City's Personnel Rules and Regulations, the Employer-Employee Relations Resolution (Resolution No. 2010-45) and the Administrative Policies of the City and the City's Police Department, to the extent that such documents contain mandatory subjects of bargaining pursuant to the Meyers-Milias-Brown Act. Should an impasse be reached following such meet and confer sessions; the provisions of the Employer- Employee Relations Resolution (Resolution No. 2010-45) and state law will apply.

ARTICLE 3 - EMPLOYEE RIGHTS

3.1 Non Discrimination. The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy, childbirth, gender, gender identity, gender expression, age, sexual orientation, citizenship status or any other basis protected by applicable law, nor will there be any discrimination with respect to hiring, retention or any condition of employment because of membership or activities on behalf of IBEW-Local 47.

3.2 Employee Organization Membership. IBEW-Local 47 will accept into membership all eligible persons of the Unit without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy, childbirth, gender, gender identity, gender expression, age, sexual orientation, citizenship status or any other basis protected by applicable law.

3.3 Rights Granted by State and Federal Law. Except as otherwise provided in this MOU, the employees covered by this MOU shall have all rights which may be exercised in accordance with State and Federal Law, and applicable ordinances, resolutions, rules and regulations. However, employees covered by this MOU shall not have the right to file a grievance for violation of any such law, ordinance, resolution or rule, except as specifically set forth herein at Article 28.
305

3.4 Additional Employee Rights. Employees shall also have:
(a) The right to form, join, and participate in activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations.
(b) The right to refuse to join or participate in the activities of employee organizations.
(c) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above.

ARTICLE 4 -MANAGEMENT RIGHTS

4.1 City Authority & Management Prerogative. IBEW-Local 47 recognizes and agrees that, except as limited by this MOU, the City and its representatives have the responsibility and the authority to manage and direct all operations and activities of the City including, but not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards and the processes and the materials to be employed; the right to subcontract any work or operation; to expand or diminish services; to determine the procedures and standards of selection for employment and promotion; determine classifications; direct its employees; take disciplinary action; relieve its employees of duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted and to assign work to employees and to establish and change work schedules and assignments and to determine the days and hours when the employees shall work; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and work performance technology.

4.1.1 -When the decision to make the change is non-negotiable, but the effects of the decision are negotiable, the duty to provide notice and an opportunity to bargain arises at the time the decision is made and prior to taking action to implement the decision.

4.2 Subcontracting. At no time shall the City subcontract work that was previously completed by IBEW-Local 47 represented employees whose services have been terminated without prior notification to meet and confer with the IBEW-Local 47 representative.

4.3 Volunteers. The City agrees that volunteers shall not be used to fill positions or replace work previously performed by terminated or laid off IBEW-Local 47 members except on a temporary basis during the recruitment process for a Unit classification for which the Unit member resigned or was terminated for reasons other than lay off. 306
ARTICLE 5 -PROBATIONARY PERIOD

5.1 Probation Period. All employees appointed to a position represented by IBEWLocal 47 shall serve a twelve (12) month probationary period. The probationary period shall be considered a part of the examination and selection process and shall not include any time served under any limited service or provisional appointment, but shall start from the time of appointment to a regular position. After serving six (6) months in the probationary period, the employee shall be eligible for a six month merit increase based upon a satisfactory performance evaluation. This will be the employee's new anniversary date for future performance evaluations/merit increases. The employee will pass probation at the end of the probation period upon a satisfactory performance evaluation, or shall pass probation if employee's supervisor does not provide the performance evaluation on time.

5.2 Probation Period for Promotions or Reclassification. Represented employees who have previously successfully completed a probationary period and who are subsequently promoted or reclassified to another position, shall serve a six (6) month probationary period in the new position. At the conclusion of the probationary period, upon a satisfactory performance evaluation, employees shall pass probation and receive a salary increase of two (2) steps, or shall pass probation and receive the pay increase if employee’s supervisor does not provide the performance evaluation on time. This will be the employee's new anniversary date for future performance evaluations/merit increases.

5.3 Probation Period Extension. Probation Period on an employee’s initial probation can be extended if necessary, for a period not to exceed six (6) months. If extended, such action must be extended during initial probation period. Any extended period of absence from duty of four continuous weeks (2 pay periods) or more for any reason except scheduled vacation, will automatically cause a probation period to be extended equal to the period of absence.

ARTICLE 6 -DUES DEDUCTION; AGENCY SHOP

6.1 Dues Deduction. The Union may have the regular dues of its bargaining unit members deducted from their paychecks under the following procedures:

6.2 Sufficient Earnings. The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the IBEW-Local 47 dues deduction authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings.

6.3 Non-Pay Status. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over IBEW-Local 47 dues.

6.4 Dues Authorization. The Union is solely responsible for distributing to, and collecting from, employees the dues deduction authorization forms. Union shall notify the City in writing of any employee who hereinafter comes into the bargaining unit and who has provided appropriate written authorization to the Union. The City shall deduct the approved 307
bi-weekly membership dues and voluntary deductions in the pay period following receiving written notification from the Union.

6.5 Dues Cancellation. An employee's authorization for a payroll deduction of IBEWLOCAL 47 dues may be cancelled at any time by written notice from the employee to IBEWLocal 47, and employee may pay dues directly to IBEW-Local 47. An employee's deduction authorization shall automatically be cancelled if the employee leaves the employ of the City or is transferred to a position not within the Unit. Union shall advise the City in writing of the membership dues and voluntary deductions to be deducted for each member. Union shall notify the City in writing of any changes to employee deductions thirty (30) days prior to the effective date of such change. The Union shall, as soon as possible, notify the City in writing if any member of the bargaining unit revokes a membership dues and voluntary deduction authorization.

6.6 Funds Transmission. The aggregate amount of such IBEW-Local 47 dues deductions by the City shall be transmitted monthly to the Business Manager/Financial Secretary of IBEW-Local 47. The City shall provide the Business Manager/Financial Secretary with a list each month indicating the dues deducted from the pay of any Unit member and those employees for whom no deduction was made pursuant to the provisions of Sections 6.2 and 6.3.

6.7 Indemnification. IBEW-Local 47 shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City arising from this Article, including on account of employee authorizations, revocations, deductions made, cancelled, or changed in reliance on the Union’s representations regarding employee dues and voluntary deduction authorizations. In addition, Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

ARTICLE 7 - EMPLOYEE ORGANIZATION REPRESENTATIVES

7.1 Meetings. Two (2) employees selected by IBEW-Local 47 may attend scheduled meetings with City management during regular hours without loss of pay, provided that such employees shall not leave their work station or assignment without first securing approval of their Department Head twenty-four (24) hour in advance. Such meetings shall be scheduled in a manner consistent with the City's operating requirements and work schedules. Nothing herein shall be deemed to preclude the scheduling of such meetings at hours other than such employee's regular working hours, in which event attendance shall be without pay.

7.2 Leave For IBEW-Local 47 Business. Upon not less than seven (7) calendar days' notice, City may grant a leave of absence for IBEW-Local 47 business to not more than three (3) employee(s) designated by IBEW-Local 47. Such leave shall not be denied without legitimate reason. Such leave shall be without pay, but will not be considered a break in continuous service with the City. The total amount of all such leaves taken pursuant to this section shall not exceed ten (10) days in any calendar year, per employee.

7.3 Notification of Representatives. IBEW-Local 47 shall notify the Human Resources Department of the name(s) of IBEW-Local 47 Stewards as such individuals are appointed by IBEW-Local 47 from time to time.
308
ARTICLE 8 - BULLETIN BOARDS

8.1 Authorized Postings. The City will continue to provide bulletin board space where currently available. Only areas designated by the Department Head may be used for posting notices. Bulletin boards may be used for the following notices:
(a) scheduled IBEW-Local 47 meetings, agenda and minutes. (b) information on IBEW-Local 47 elections and the results. (c) IBEW-Local 47 special, recreational, credit union and related bulletins. (d) reports of official business of IBEW-Local 47. including reports of committees or the executive board of IBEW-Local 47.
(e) MOU, pay scales, job announcements, promotion lists, etc. (f) such other items as may be approved by the Department Head or his/her designee upon request of IBEW-Local 47.

8.2 Posted Notices. Posted notices shall not be defamatory or violate any of the City's policies, nor shall they advocate election or defeat of candidates for public office. All notices to be posted shall be dated and signed by an authorized IBEW-Local 47 representative. IBEW-Local 47 may give notices to the represented employees through use of the City mail system and/or the City computer e-mail system.

ARTICLE 9 - MEMORANDUM OF UNDERSTANDING COPIES
After it has been executed by the parties, the City shall provide IBEW-Local 47 with seven (7) originals and one (1) copy of an electronic (PDF) version of this MOU. IBEW-Local 47 shall be responsible for providing copies of this MOU to represented employees at IBEWLocal 47 expense. City shall also provide a copy of the executed MOU to any represented employee hired or promoted into the represented Unit after the effective date of the MOU.

The City may charge for any additional copies.

ARTICLE 10 - MEETINGS

10.1 Items of Mutual Concern. Upon mutual agreement of both the City and IBEW-Local 47, the parties may meet to discuss items of mutual concern. A meeting conducted under this section shall not constitute a meet and confer or hearing under any grievance procedure.

10.2 Use of City Facilities. IBEW-Local 47 may be granted permission to use City facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs.

Permission to use facilities must be obtained by IBEW-Local 47 from the Department Head IBEW-Local 47 shall be held fully responsible for any damages to and security of any facility that is used by IBEW-Local 47.

10.3 Budget Oversight Committee. The City agrees to continue the Budget Oversight Committee, with IBEW-Local 47 entitled to appoint one (1) member. Said Committee shall 309
have an equal number of members appointed by the City's recognized employee organizations and the City. Said Committee shall be advisory only to the City Manager. The City shall determine the necessity of such meetings. The City agrees to meet with the committee at least once per year.

ARTICLE 11 - HOURS OF WORK

11.1 Work Schedules. The parties agree that the City has the right to return to its traditional five day eight hour per work day (5/8) work week schedule, maintain its current four day ten hour per work day (4/10) work week schedule, or implement a nine day every two work week eighty hour (9/80) work schedule for some or all IBEW-Local 47 represented employees as appropriate in the sole discretion of the City as determined by each Department Head and with City Manager approval. The City shall provide at least two weeks (14 calendar days) notice of a change in work schedules. IBEW-Local 47 represented employees currently working alternative work schedules at the time of IBEWLocal 47’s ratification of the deal points of this MOU who are required to return to working the traditional five day eight hour per work day (5/8) work week schedule shall receive an additional three percent (3%) base salary wage increase for the time period that they are required to work that particular traditional work schedule.

For Employees working a (9/80) work schedule, the work period shall begin four hours after the start time of his or her eight hour shift on the day that corresponds with the employee’s alternating regular day off such that the employee works four, nine-hour shifts and one fourhour shift each seven-day work period. Employees working a traditional five day eight hour per work day (5/8) work week schedule or four day ten hour per work day (4/10) work week schedule will continue to maintain a week ending time of 11:59 pm on Sundays.

Employer shall notice the employee if less than two weeks’ notice is to be expected that would delay the work schedule from being completed on time. If two weeks’ notice is not provided, or if the aforementioned sentence concerning an unavoidable event occurs, the first day on the new work schedule will be paid at the overtime rate.

11.2 Public Safety Dispatchers. With respect to the classification of Public Safety Dispatcher, the employee may be assigned to any combination of hours and days for any workweek as necessary to provide continuous coverage in the Dispatch Division, according to work schedules assigned by the Police Chief, or his or her designee, who may utilize the provisions of the City's Administrative Policy A-30, i.e., the Alternative Workweek Policy, or otherwise as dictated by the needs of the Dispatch Division of the Police Department. (a) For the classification of Public Safety Dispatcher working a scheduled ten (10) hour or twelve (12) hour day, all work performed in excess of such ten (10) hour or twelve (12) hour per day schedule shall be paid at the rate of one and one-half (1 ½ ) times the employee's regular hourly base rate of pay, providing the employee works in excess of forty (40) hours in one week. (b) Public Safety Dispatchers scheduled by management of the Police Department to work on a holiday shall not be credited with a day off with pay but shall receive ten (10) hours of holiday pay, plus an additional time and one-half for all hours worked.
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(c) For in-house training, the trainee’s shift shall be revised to accommodate the trainer’s work schedule without triggering overtime pay that is outside existing wage and hour law. The City will make best efforts to modify the trainee’s schedule to match the trainer’s schedule.

11.3 Hours Worked for Training and Conferences. The City shall pay represented employees for working hours spent in City required and approved training or conferences.

Travel time shall be included as time worked in accordance with FLSA standards. The City shall not pay for the costs incurred to meet minimum job requirements.

ARTICLE 12 - LIGHT DUTY

12.1 Accommodation. The parties agree that the City may assign employees who are unable to perform the full scope of their current job to temporary modified work consistent with the employee's functional limitations as described by his/her doctor when and where such work is available as determined by the City and where it may be accommodated without adverse consequences to the City or disruption in services or operations. This Article does not create any employee entitlement to assignment in a light duty position.

12.2 Eligibility. Temporary modified work will be considered on a case by case basis.

Temporary modified work may involve modification of an employee's current job or assignment to work outside of an employee's current position. The Human Resources Department, in consultation with the Department Head, will determine eligibility for participation in the Temporary Modified Assignment Program and will coordinate temporary work positions/assignments.

12.3 Employee Cooperation. It shall be the duty of every employee to cooperate fully and promptly with the coordination of temporary/modified work assignments. Notification of changes in restrictions/limitation shall be promptly communicated to the Human Resources Department along with supportive documentation, acceptable to the City. In administering the Temporary Modified Assignment Program, the Human Resources Department may communicate directly with, the employee's physician(s) regarding the employee's medical limitations, functional restrictions, job requirements in the employee's regular assignment, job requirements in any modified duty assignment under consideration and return to work status. Such communication will only be done with the employee's written authorization.

12.4 Retention of Benefits. Employees participating in the Temporary Modified Assignment Program shall retain all contractual benefits, except pay scale, not inconsistent with the objectives of the Temporary Modified Assignment Program. The City may change regular days off and work hours while the employee is in the Temporary Modified Assignment Program.

12.5 Right to Decline. However, employees retain the right to decline any initial or subsequent assignment provided by the Temporary Modified Assignment Program.

ARTICLE 13 - REST PERIOD
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13.1 Rest Period. Represented employees who work sixteen (16) consecutive hours shall earn an eight (8) hour rest period.
(a) A rest period of eight (8) consecutive hours or more shall be considered an interruption of consecutive hours worked.
(b) A rest period of less than eight (8) consecutive hours shall be counted as time worked but not paid.
(c) Represented employees shall be compensated at their regular rate of pay for all regularly scheduled work time that falls while that employee is on his/her earned rest period.
(d) Represented employees who are directed to return to work while on an earned rest period shall be compensated at the appropriate overtime rate for all time worked until the interrupted eight hour rest period is completed. Such overtime pay shall be in lieu of, and not in addition to, pay received under the provisions above.
(e) Time paid for meals not taken shall not count toward earning a rest period. A paid meal time taken shall count toward earning a rest period. (f) When the rest period extends into a regularly scheduled work day, the employee may elect to use vacation time, compensatory time, floating holiday time or leave without pay for the rest of the day.
(g) For the purpose of rest period eligibility, Sundays and holidays shall be treated as a normal work day.

ARTICLE 14 - SALARIES, CERTIFICATE PAY, PREMIUM PAY. PERFORMANCE

EVALUATIONS

14.1 Wage Increases/Performance Evaluations
a. 3% base wage increase effective July 1, 2022 and paid out the first full pay period following City Council approval of the new MOU. b. 3% base wage increase effective the first full pay period including July 1, 2023.

This increase is for all Unit members still employed at the time this MOU is adopted by City Council.

Ranges with defined steps are shown on the salary schedule provided herewith. The salary table is calibrated in approximate 2.5% increments. Annual increases for satisfactory performance will be two (2) steps or approximately 5%. Department Heads will have the option of granting a higher salary increase based on exceptional performance with approval of the City Manager. Unit members are evaluated using an employee performance evaluation form.
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(a) Employee shall be granted a step increase upon receiving a satisfactory overall evaluation on the City approved employee evaluation form OR such step increase will be automatically implemented if employee's supervisor is thirty (30) days late on giving such evaluation, retroactive to the due date of the evaluation.
(b) A first denial of a step increase shall not be an allowable subject of the exercise of employee rights under the grievance procedure outlined herein.

However, an employee may upon request have such first denial reviewed by the Employee Relations Officer. Employee shall have the right to request a hearing with the Employee Relations Officer and to have a representative of his/her choice present. The decision of the Employee Relations Officer shall be final at this stage.
(c) An employee denied a step increase shall thereafter have monthly meetings to review his/her performance with his/her supervisor and shall have the City approved employee evaluation form completed no later than six months after the date of the performance evaluation which led to the denial of the step increase. If the employee’s overall performance is rated satisfactory, then the employee shall be granted the appropriate step increase effective the first pay period following the six month re-evaluation period. Such step increase shall not be retroactive.
(d) If the employee’s performance continues to be unsatisfactory after the six month re-evaluation period, the employee shall be given a final denial of step increase for the remainder of the regular evaluation period. After this final denial the monthly meetings to review his/her performance with his/her supervisor shall continue until the employee’s next annual review. Denial of a step increase under this subsection shall be subject to review by an Evaluation Review Committee. The Evaluation Review Committee shall be comprised of the Employee Relations Officer, a non-evaluating Department Head selected by the employee, and an IBEW-Local 47 business representative. The Evaluation Review Committee shall make any adjustment to the evaluation that it deems justified by majority vote and its decision shall be final with no other right of appeal or grievance on the matter. (e) An employee at the top of his or her range shall have his or her performance evaluated at least annually within thirty (30) days of her/her anniversary date.

Classification Table Effective 10/26/2022 Salary Range
Accountant 61
Accountant II 64
Accounting Specialist 58
Animal Control Officer 56
Building Permit Specialist 55
Building Inspector 62
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Building Maintenance Specialist I 53
Building Maintenance Specialist II 55
Building Maintenance Specialist III 57
Bus Driver 48
Bus Driver Lead/Trainer 55
Buyer 66
Cable Services Specialist 44
Code Compliance Officer 58
Case Manager Specialist 54
Code Compliance Supervisor 70
Custodian 34
Development Project Coordinator 61
Economic / Redevelopment Project Coordinator
Engineering Services Assistant 48
Executive Secretary 53
Fleet Maintenance Mechanic I 53
Fleet Maintenance Mechanic II 55
Fleet Maintenance Mechanic III 57
Lead Fleet Maintenance Mechanic 59
Lead Police Records Specialist
Public Safety Dispatcher Supervisor 56
Maintenance Worker I 49
Maintenance Worker II 51
Maintenance Worker III 53
Motor Sweeper Operator 50
Multimedia Specialist 70
Office Specialist 49
Payroll Coordinator 53
Police Records Assistant I 51
Police Records Assistant II 55
Program Coordinator 55
Property Evidence Specialist 63
Public Safety Dispatcher 59
Public Works Inspector 64
Purchasing Assistant 52
Receptionist
Recreation Coordinator 51
Senior Building Inspector 67
Senior Code Compliance Officer 64
Senior Maintenance Worker 55
Senior Utility Billing Representative 50
Environmental Program Coordinator 61
Transit Field Supervisor 64
Customer Service Utility Billing Representative 45
Work Release Crew Lead 55
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Targeted Equity Adjustments – Implement PSPC 2022 Total Compensation survey recommendations for IBEW General classifications. Agree with change in tiers effective October 26, 2022:
a. 10% - 19.99% = 2 additional steps
b. 20% and above = 4 additional steps

14.2 Certificate Pay (Public Safety Dispatchers). The following sets forth the schedule for pensionable compensation for certificates attained by public safety dispatchers. Eligible employees shall receive 5% compensation for the first certificate and an additional 2.5% for each additional certificate up to a maximum additional compensation of 12.5%. Under no circumstances shall an eligible employee receive more than 12.5% in additional compensation for certificates. Once a Unit member who obtains a POST Communications Training Officer certificate declines to train pursuant to 14.4 below, then they shall not be entitled to the 2.5% POST Communications Training Officer certificate pay until such time as they agree to conduct such training and the City has someone to train. Eligible certifications:

POST Public Safety Dispatcher Basic Course
POST Dispatcher Intermediate Course
POST Dispatcher Advanced Course
POST Communications Training Officer

14.3 Bilingual Premium Pay. Employees who have been certified as being fluent in a language other than English, or sign language shall receive five percent (5%) premium pay, if the need for fluency is: (1) necessary for the current position, and (2) use of the language for compensation has been previously approved by the employee's supervisor and the Human Resources Department. Qualifications shall be based upon certification of a certifying authority selected by the City. Each employee shall be reviewed annually for bilingual pay as part of the annual evaluation. Authorization and continuation of premium pay shall be at the sole discretion of the City. Nothing contained herein shall preclude the City from requiring proficiency in a second language as a minimum job qualification for any future employee or position.

14.4 Trainer Premium Pay (Public Safety Dispatchers). Public Safety Dispatchers assigned as trainers shall receive additional premium compensation of $2.00 (two dollars) per hour when working with an assigned trainee on an assigned shift.

14.5 Shift Differential Premium Pay (Public Safety Dispatchers). Public Safety Dispatchers who work between the hours of 5:00 pm and 5:00 am shall be paid a shift differential premium of $2.00 (two dollars) per hour only for those hours worked between 5:00 pm and 5:00 am.

14.6 Reclassification. When a Unit member is reclassified to a new or existing class with an equivalent or higher salary rate, he or she shall be evaluated at the conclusion of six (6) months. After serving six (6) months in the position he or she was reclassified to, the employee shall be eligible for a six month merit increase based upon a satisfactory performance evaluation. This will be the employee's new anniversary date for future performance evaluations/merit increases.
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14.7 Reclassification - Y-Rating. When a Unit member is reclassified to a new or existing class with a lower maximum salary rate, he or she may be assigned a “Y-Rate” designation under which the Unit member will remain at his or her current salary. Unit members with “Y-Ratings” will be frozen at their current prevailing pay rate and will not participate in salary range adjustment until salary schedules related to their new assignment exceed the Y-rated pay rate. Establishment of a “Y-Rate” salary for a Unit member is an administrative determination and requires the approval of the Unit member’s department head, the Human Resources Director, and the City Manager. The practice is not to be confused with involuntary demotion, salary range adjustments, or other normal personnel procedures including administrative actions that result in bumping rights.

14.8 Longevity Pay. Employees shall receive additional compensation, effective on the employee’s employment anniversary date, for Longevity as follows:
a) Upon completion of ten (10) years of continuous service, employees will receive additional pay of one percent (1.0%) of base salary; b) Upon completion of fifteen (15) years of continuous service, employees will receive additional pay of one-half percent (total 1.5%) of base salary; c) Upon completion of twenty (20) years of continuous service employees will receive additional pay of one-half percent (total 2.0%) of base salary.

ARTICLE 15 - OVERTIME, ON-CALL PAY

15.1 Maximum Compensatory Time Accrual. All work performed by Unit members in excess of forty (40) hours in one (1) week, or in excess of assigned work schedule (e.g. 9/80), where such hours are required and approved by management, shall be paid at the rate of one and one half (1-1/2) times the employee's regular hourly base rate of pay.

Overtime may be accrued as compensatory time to a maximum of one hundred sixty (160) hours.

15.1a Irrevocable Compensatory Time Leave Cash-Out. Compensatory time off cap is 160 hours, of which a maximum combined compensatory and vacation time amount of up to eighty (80) hours is eligible for an irrevocable cash-out option of up to twice per calendar year to be paid on the last pay check of May and/or November.

Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cashout. Employees will state the amount of hours to be cashed out for the May and November cash-out in their submitted irrevocable election form. Only CTO already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the CTO in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for CTO accrued in the prior calendar year are not allowed. Employees may choose to have cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

15.2 Hours Worked. For purposes of overtime calculation, "hours worked" shall include time spent in required court appearances as set forth in Article 17. Hours worked shall also include approved vacation, holiday and compensatory time off. All other hours 316
paid for but not worked, including sick leave shall not be counted as hours worked for overtime calculation.

15.3 Call Out Minimum Compensation.

The City agrees to pay to the Unit member a minimum of two (2) hours pay for any time worked during the first hour when called out for emergencies, and time and one-half (1/2) for each hour worked thereafter. For example, should an employee be called out to work two (2) hours of emergency duty he would be compensated with three and one-half (3-1/2) hours pay at the regular hourly base rate of pay; two (2) hours pay for the first hour worked and one and one-half (1-1/2) hours pay for the second hour worked. Call out minimum compensation does not apply to answering phone calls or emails off-site or off-duty, though employees are still entitled to pay for actual time worked in responding to such calls. Call Out begins at time of call, including travel time.

If in the future the City provides portable internet capable devices, then call out minimum pay will not apply to use of those devices off duty and/or off site to check and/or respond to calls or clear messages and/or alarms, though employees are still entitled to pay for actual time worked responding to such calls.

15.4 On-Call Pay.
(a) Compensation for all employees placed on-call for a period of one (1) week (defined as one-hundred sixty eight (168) hours less forty (40) hour work week) shall receive additional compensation of sixteen (16) hours at the regular rate of pay.
(b) When a holiday falls during a regularly scheduled on-call period, the employee will receive an additional four (4) hours of pay per holiday, at the basic rate of pay.
(c) On-call pay shall not be paid for an employee's scheduled work shift. (d) Employees shall be entitled to receive the pro rata equivalent for any partial week.
(e) On-call assignments shall only be made by the Department Head or his/her authorized representative.
(f) On-call duty shall be served pursuant to a schedule prepared by the Department Head or his/her designee.

15.5 On-Call Status. For purposes of this Article, an employee shall be deemed to be on On-Call status only when all of the following conditions are met:
(a) The appropriate manager has placed the employee in an on-call status by a notice in writing; and,
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(b) The employee is required to respond to the City yard or other designated location within a specified time not to exceed thirty (30) minutes; and, (c) While on-call, the employee is prohibited from engaging in any activity which may interfere with the employee's ability to respond to a call and immediately commence the required job performance.

15.6. Communication Devices. An employee in an on-call status may be required to wear a communication device. The requirement to wear a communication device shall not, absent the requirements set forth in section 15.5, constitute the placing of the employee in an oncall status.

ARTICLE 16 - TEMPORARY UPGRADE PAY AND PROMOTION PAY

16.1 Temporary Upgrade (Out of Class). Unit personnel temporarily assigned by management to work in a higher classification, including classifications outside of the Unit for which they are qualified shall receive compensation equivalent to a step on the higher classification salary range which provides a minimum of five percent (5%) above the employee's current salary or the bottom step of the range of the position to which he/she is temporarily upgraded, whichever is greater. Temporary upgrade or “out of class” pay shall be effective the day the assignment is made. At such time as an employee is no longer performing work out of his or her permanent classification, compensation shall be at the regular rate of pay for the permanent classification. When assigning temporary upgrades to work “out of class”, it is the intent of the City that such assignments shall be made in a fair and equitable manner so that all qualified employees are given an opportunity to work such assignments.

16.2 Promotions. Union personnel promoted to work in a higher classification shall be placed in the new salary range of the higher classification that pays at least five percent (5%) more than the employee received in the lower classification.

16.2a Promotional Pay Out of Leave. When employees transfer/promotions occur between bargaining groups, the leave hours will be transferred and maintained by the employee, not cashed out.

16.3 Limited Assignments. Temporary assignments to perform work out of an employee's permanent classification shall be limited in duration to 960-hours in any twelve (12) month period. A time extension to the temporary assignment beyond the initial 960- hours may be made with the written concurrence of IBEW-Local 47.

ARTICLE 17 - PAY FOR JURY DUTY & COURT APPEARANCES

17.1 Jury Duty.
(a) Any employee summoned for attendance to any court for jury duty during his/her normal working hours shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received by him/her shall be paid into the City treasury. Any employee who shall be called as a witness arising out of and in the course of his/her City employment, shall be deemed to be on 318
duty and there shall be no loss of salary, but any witness fees received by him/her shall be paid into the City treasury. An employee absent as a witness in a private matter shall not be entitled to be paid during such absence, he/she may, however, use vacation time for such absence.
(b) All night shift dispatchers who are summoned for jury duty the day following their shift should notify their supervisor to arrange for alternate scheduling. In the event that alternate shift coverage is unavailable, the dispatcher will be allowed time off for up to eight (8) hours before reporting for jury duty and will be compensated for scheduled hours lost as normal working hours. If the same dispatcher is scheduled to work the night following the jury duty summons, they should notify their supervisor to arrange for alternate coverage. Eight (8) hours includes all time between leaving work and the time assigned to report to jury duty or time released from jury duty and returning to scheduled work. Time paid that was not worked for the purpose of this section will not count towards overtime. However, any dispatchers allowed time off either before or after a jury summons will have the option of using regular accruals (vacation or comp time) to account for any scheduled time they would have normally worked, but are allowed off.

17.2 Court Appearances (Public Safety Dispatchers). Represented employees in Dispatch positions shall be compensated for job related off-duty court appearances. The City will pay a minimum of 3 (three) hours for travel to and from appearances in court at a rate of 1 1/2 (one and one half) times the base rate of pay. All travel shall be calculated based on the time required to travel from the employee's work location to the destination.

All hours required in excess of 3 (three) hours shall be compensated at 1 1/2 (one and one half) times the base rate of pay.

ARTICLE 18 - SAFETY EQUIPMENT AND TRAINING

18.1 Safety Equipment. The City will provide employees safety equipment in accordance with California State Law.

18.2 Uniforms. The City shall provide uniforms for employees who are required by the City to wear a uniform. This includes all field personnel in Public Works, Streets, Parks Maintenance, Transit, Fleet Maintenance, Code Enforcement and Public Safety Dispatch.

Other classifications may be added as the necessity for uniforms becomes apparent.

18.3 Boot/Safety Shoe Allowance. The City shall provide a yearly boot /safety shoe allowance from $125 to $250 to each employee who is required, by the nature of his/her work to wear a specific type/style of shoe or boot. Two hundred fifty dollars ($250) will be granted to employees that are required to wear an approved shoe/boot which meets the minimum standards as determined by the Department Head and approved by the Joint Safety and Training Committee. Departmental standards shall not be less than those which may be required by CalOSHA. One hundred twenty-five dollars ($125) will be granted to employees that are required to wear a boot that is a non-CalOSHA required boot and must be worn as a requirement of their uniform. Employees shall wear approved shoes/boots during working hours where required by work conditions. 319

18.4 Damaged Property. The City shall reimburse Unit employees the reasonable replacement value of personal property destroyed in the course and scope of their employment. The employee shall make application for reimbursement by presenting to the Department Head the damaged or destroyed article. Personal property subject to this provision consists of personal property necessary to fulfill the employee's job duties and that is approved in advance for use on the job. Replacement for prescription eyewear is limited to $200 per year. Replacement for watches is limited to $100 per year. Excluded from this definition are items of clothing used by the employee in the exercise of his/her discretion in lieu of City issued uniform apparel. Replacement of items will be secondary to any applicable insurance.

18.5 Inclement Weather. Whenever management decides not to send employees into the field during normal work hours due to inclement weather, those employees shall not suffer any loss of regular pay. When employees are not assigned to the field under this provision, they may be given other duties, assigned to training, or be held to respond to emergency calls.

18.6 Joint Safety and Training Committee. The City hereby agrees to create a Joint Safety and Training Committee. The Committee shall consist of an equal number of members appointed by the City and IBEW-Local 47. The Committee shall be advisory only.

The Committee shall meet on a regular basis, but not less than once per quarter. The city and IBEW-Local 47 may agree to meet more frequently on a regular or special basis. The Committee may review work practices, training, procedures and rules and may recommend changes in the interest of health and safety. The Committee may review all serious accidents, injuries or fatalities, and include recommendations resulting from its review in the Committee's minutes.

18.6.1 Reporting. Minutes of all Committee meetings shall be posted on IBEW-Local 47 bulletin boards, with copies to the City Manager, Human Resources Department, and to the IBEW-Local 47 Business Manager, within five (5) working days after the Committee meeting. Specific questions submitted either to the Committee or by the Committee to Management will be responded to within a reasonable time and the answers posted on IBEW-Local 47 bulletin boards.

18.6.2. Discipline. Proceedings of the Committee shall be completely independent of any disciplinary action and the Committee's findings shall not be entered into the record of any such disciplinary proceedings.

ARTICLE 19 - MILEAGE, MEALS AND OTHER REIMBURSEMENT

19.1 Personal Vehicle. Employees shall be reimbursed for use of their own vehicle for authorized City business and for meals as per the administrative policies of the City.

19.2 Emergency Meal Periods. Employees shall earn meals at fixed intervals during periods of call-out overtime, and during an extension of the regular or planned overtime day. 320
(a) Employees called back within two hours after the end of their shift shall earn one thirty minute paid meal period and one meal period compensation of $16.00.
(b) During call-out overtime, one thirty minute meal period and one meal compensation of $16.00 will be earned for each consecutive four hours of paid overtime completed.
(c) During extension of the regular work day, one paid thirty minute meal period and one meal compensation of $16.00 will be earned after two consecutive hours paid overtime completed; thereafter, meals will be earned after completion of each four consecutive hour intervals as described above. (d) Employees that work two consecutive hours or more immediately prior to the beginning of a regular shift will earn one thirty minute meal period and one meal compensation of $16.00.
(e) Planned overtime – If planned overtime extends beyond the length of a regular work day, one paid thirty minute meal period and one meal compensation of $16.00 will be earned after two consecutive hours worked beyond the number of hours in employee’s regular schedule completed; thereafter, meals will be earned after completion of each four consecutive hour intervals of planned overtime. For example, employee’s regular schedule in 4/10’s; when planned overtime exceeds 10 hours in one day this section applies. (f) If “called out” while on planned overtime, Section 19.2(b) goes into effect during the call out.
(g) Paid meal periods will not count as time worked.
(h) It is recognized that employees may not be able to leave an emergency situation and that the final determination of this fact shall be made by the supervisor in charge of the particular activity.
(i) Employees shall receive pay for earned meal periods and meal compensation regardless of whether the meal period or meal is actually utilized. All meal periods will be paid at the applicable overtime rate.
(j) When Public Safety Dispatchers are notified of the need to extend a work day (or work planned overtime) four hours or less before beginning of the work day to be extended or less than four hours before the start of the planned overtime they will be subject to meal periods under Section 19.2 (b-d) and will qualify for the meal periods and meal compensation of $16.00.

ARTICLE 20 - TUITION REIMBURSEMENT: EDUCATION INCENTIVE

20.1 Qualifications.
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(a) Reimbursement under this section shall be made for employee participation in an educational program, which provides broad knowledge with respect to a subject, consistent with the requirements of subsection B immediately below.

This is distinguished from "training" which relates to education in the performance of a limited task or tasks which the employee is required to perform as part of their current employment.
(b) Maximum reimbursement shall be $4,000 per fiscal year. Tuition actually paid will be reimbursed to all permanent employees for courses and required books related to classes qualified for tuition reimbursement approved by the Department Head and taken in an accredited educational institution provided that:
i, The subject matter of the course relates to obtaining a degree, including prerequisites, or relates directly to and contributes toward the employee's position with the City.
ii. The employee has received at least a competent proficiency rating on the last evaluation report.
iii. The employee has furnished evidence that the course has been completed with at least a 'C' or “pass” grade, verified by Human Resources.

20.2 Reimbursement Requirements.
(a) Requests for reimbursement must be completed and returned to the Human Resources Department within three (3) weeks after receipt of course completion documentation. (No reimbursement will be made without bona fide receipts or documentation).
(b) Reimbursements will be made only after proof of completion of course with minimum ‘C’ average or pass and satisfactory receipts of payment for tuition are approved by the Human Resources Department.

20.3 Education Incentive. A one (1) time Education Incentive shall be paid to represented employees upon successful completion of certain educational programs under the following conditions:
(a) $500.00 (five hundred dollars) shall be payable for successful completion of a certificate program requiring 80 hours or more for completion, from an accredited college or university in an area of specialization related to the duties of the position currently held by the employee as previously approved by the Human Resources Department. An additional $500.00 (five hundred dollars) shall be paid if the certificate is in the area of supervision of personnel. (b) $2,000.00 (two thousand dollars) shall be payable for successful completion of an AA or AS Degree from an accredited college in an area of specialization related to the duties of the position held by the employee at the time the 322
employee completes the program as previously approved by the Human Resources Department.
(c) $3,000.00 (three thousand dollars) shall be payable for successful completion of a BA or BS Degree from an accredited college or university in any subject after 3 (three) years of employment with the City. An additional $1,000.00 shall be paid if the degree is in the area of public or business administration, human resources, accounting, information management, or adult education. (d) $4,000.00 (three thousand dollars) shall be payable for successful completion of a Master’s Degree from an accredited college or university in any subject after 3 (three) years of employment with the City.
(e) Programs shall be accredited by the California State Board of Education or equivalent authority. The incentive payments shall be otherwise subject to such rules and procedures as established by the City. Receipt of education incentive payments shall not be precluded by the fact that the employee may or may not have obtained tuition reimbursement by the City for all or part of the units required for the certificate or degree.
(f) Education incentive payments shall be made according to the following schedule:
100% of the total payable incentive shall be payable upon presentation of acceptable documentation (including transcripts) showing completion of certificate or degree.

It shall be the employees' sole responsibility to provide all necessary documentation, to obtain prior approval and to make the request for education incentive payment.

ARTICLE 21 - SICK AND BEREAVEMENT LEAVE

21.1 Sick Leave Accrual. Unit members shall accrue three and sixty-nine hundredth (3.69) hours of sick leave per pay period. Sick leave shall accrue up to a cap of four hundred (400) hours. Any hours that exceed the regular cap of four hundred (400) hours will not be accrued. Leave banks can be utilized for time off or for conversions per provisions in the MOU.

21.2 Use Of Sick Leave. Employees with remaining “Old Sick Leave” accounts must utilize the old account hours prior to using regular sick leave hours. Payroll shall use hours from this account if such exists, until it has depleted. Sick leave shall be granted to Unit members only where consistent with the City's Sick Leave Policy (currently AP-1). Except as otherwise provided in the Family Medical Leave Act and Pregnancy Leave (FMLA) and Labor Code Section 233, policies of the City (currently AP-02), not more than one-half (1/2) of the employee's annual accrual of sick leave within any calendar year may be granted to an employee for the care or attendance of members of his/her immediate family. 323

21.3 Irrevocable Sick Leave Cash-Out. Sick leave accrues at 3.69 hours per pay period up to 400 hours cap, of which a maximum amount of up to fifty (50) hours is eligible for an irrevocable cash-out option each calendar year to be paid on the last pay check of November only if: the cash-out does not reduce the employee’s available sick leave bank below one hundred twenty (120) hours. Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cash-out. Employees will state the amount of hours to be cashed out for the November cash-out in their submitted irrevocable election form. Only sick leave already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the sick leave in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for sick leave accrued in the prior calendar year are not allowed. Employees may choose to have cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

21.4 Sick leave upon separation. Upon separation, service retirement or termination, after ten (10) years of continuous City service, a represented employee shall be eligible to convert to cash an amount equivalent to thirty percent (30%) of all unused sick leave or contribute the entire remaining balance of sick leave to the deferred compensation account or City's Retiree Medical Savings Plan, if available. After twenty (20) years of continuous City service, a represented employee shall be eligible to convert to cash an amount equivalent to fifty percent (50%) of all unused sick leave or contribute the entire remaining balance of sick leave to the deferred compensation account or City's Retiree Medical Savings Plan, if available. Such reimbursement to be computed based upon the employee's final compensation rate and to be paid within one payroll period of the effective date of separation.

21.5 Sick Leave Conversion to Deferred Compensation. After ten (10) years of continuous City service, the employee shall be eligible to irrevocably elect to convert one hundred percent (100%) of unused sick leave minus forty (40) hours to the City’s Retiree Medical Savings Plan or to the employee’s 457 Deferred Compensation Account (subject to IRS maximum contributions provided by law). Conversion forms are due no later than November 1st of the tenth year of continuous service. The irrevocable option will be converted the following calendar year in the pay period that includes January 1st.

21.6 Bereavement. Unit members shall be allowed five working days, of which three (3) working days are with pay, for bereavement leave upon the death of a member of their family. For the two unpaid days, an employee may use vacation, compensatory time, sick leave, or any other paid leave that would otherwise be available. For this section family includes the following persons: spouse, domestic partner, mother, father, brother, sister, child, stepchild, grandchild, or grandparent of the employee or any one of the same relatives of the employee’s spouse or domestic partner. The three (3) working days of bereavement shall be allowed for each death of a family member. An employee shall be allowed a maximum of forty (40) hours bereavement leave under this section for multiple family deaths occurring during the same twenty-four (24) hour period.

ARTICLE 22 - VACATION AND HOLIDAY ACCRUALS
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22.1 Vacation Leave Accrual. For employees of the City as of the date of this MOU, Vacation benefits shall accrue in accordance with the following schedules:

One (1) through four (4) years service
Ten (10) days per year =three and eight one-hundredth (3.08) hours per pay period
Beginning the fifth (5th) year through the 9th year:

Fifteen (15) days per year =four and sixty-two hundredth (4.62) .hours per pay period
Beginning the tenth (10th) year & thereafter:

Twenty (20) days per year =six and fifteen one-hundredth (6.15) hours per pay period

22.2 Maximum Vacation Leave Accrual. An employee may accrue a maximum of three-hundred fifty (350) hours of vacation leave. If an employee has accumulated the maximum allowed under-this Article, said employee will receive no further Vacation Leave accruals until said employee uses a portion of his/her Vacation Leave and his/her Vacation Leave accruals have been reduced below the maximum. There shall be no retroactive receipt of any Vacation Leave lost as a result of this Article

22.3 Vacation Leave Approval Required. Vacations shall begin accruing upon employment and may be taken with approval of the Department Head at any time following the completion of six (6) months of employment within the one (1) year probationary period, but the vacation leave taken shall not be in excess of that actually accrued at the time such vacation is taken. Vacations must be approved a minimum of fourteen (14) days in advance of the first day of such vacation. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the City as determined by the Department Head or Division supervisor.

22.4 Vacation Leave Payment Upon Termination. Any employee, who has been in continuous full-time service of the City for a period of six (6) months or more, who is about to terminate his/her employment, and has earned vacation to his credit, shall be paid for such vacation time within one payroll period of the effective date of such termination.

22.5 Irrevocable Vacation Leave Cash-Out. Vacation leave cap is 320 hours, of which a maximum amount of up to eighty (80) hours is eligible for an irrevocable cash-out option each calendar year to be paid on the last pay check of November only if the cash-out does not reduce the employee’s available vacation leave bank below eighty (80) hours.

Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cash-out. Employees will state the amount of hours to be cashed out for the November cash-out in their submitted irrevocable election form. Only vacation leave already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the vacation leave in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for vacation leave accrued in the prior calendar year are not allowed. Employees may choose to have cash-out amount made as an employee 325
contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

22.6 Holidays. Holidays for employees covered by this section shall be as follows:

New Year’s Day
Martin Luther King Day
President's Day
Memorial Day
Juneteenth
Fourth of July
Labor Day
Veteran's Day
Thanksgiving
Day after Thanksgiving
Christmas Eve
Christmas
New Year’s Eve
One (1) floating holiday
As indicated in Administrative Policy A-30, Alternative Work Week – A "Holiday bank will be created for each employee to accrue flexible holiday hours. Hours accrued in the bank are subject to a mandatory annual buy-out with the payroll closest to June 1st of each year".

Any buy-out may be converted pre-tax to the Unit member’s 457 Deferred Compensation account (subject to IRS maximum contributions provided by law).

Per the Payroll schedule, the holiday pay-out will occur in the second pay date in June.

22.7 Holidays Falling on Weekend Days. If the scheduled holiday falls on a Friday (regular day off) or Saturday, it may be observed on a Thursday or accrued to the Holiday leave bank as determined by the holiday schedule posted on the City’s Intranet. If the scheduled holiday falls on a Sunday, the holiday will be taken on the following Monday.

22.8 Flex Schedule. Employees working a flex schedule shall be paid holiday time in accordance with the City's Administrative Policy No. A-30.

22.9. Floating Holiday. The floating holiday set forth in Article 22.6 above, shall be credited as ten (10) hours to each represented employee's holiday leave bank effective with the first payroll in each fiscal year. Accrued floating holiday hours may be taken in one hour increments. Leave balances must be used during the fiscal year or they will be cashed out according to Administrative policy A-30.

22.10 Added Holidays. If, during the term of this MOU, the City Council recognizes an additional holiday for City employees, said holiday shall be extended to this Unit.

22.11 Holiday Leave. When Holiday Leave is taken, the employee will be paid at the standard ten (10) hours per day, regardless of the assignment of a ten (10), or twelve (12) hour scheduled workday. When Holiday Leave is taken, anyone working less than a ten (10) hour work day schedule shall receive leave time as compensation for the difference 326
between their regular work day on the holiday and ten (10) hours. An employee may utilize any accrued leave bank except sick leave to supplement the twelve (12) hour scheduled day.

22.12 Holiday Leave Payment Upon Termination. Any Unit employee, who is about to terminate his/her employment, and has earned Holiday leave to his/her credit, shall be paid for such holiday leave within one payroll period of the effective date of such termination at the employee’s then current rate of pay.

ARTICLE 23 - MEDICAL AND DENTAL INSURANCE

23.1.1 Pre-January 1, 2024 Benefits.

Effective July 1, 2019, the cafeteria plan contribution will be increased by $50 to $1,400 per month, or $16,800 annually to each Unit member for the cafeteria benefits plan detailed in this section.
a) Said contribution shall first be used to provide for Health Insurance for employee.

Employee shall be covered by Health Insurance with a City approved Health Plan unless the employee provides proof to the City that employee is covered by another acceptable health plan as determined by the Human Resources Department. b) The balance may be used for any of the following or any combination thereof:
a. Health insurance for employee's spouse and/or dependents. b. Dental insurance for employee, spouse and/or dependents. c. Life insurance for employee, excluding voluntary life insurance. d. Deferred compensation program.
e. Eye care plan for employee, spouse and/or dependents f. Supplemental insurance options
c) Unit members may elect to receive ninety-two and five-tenths percent (92.5%) of the balance in cash as CalPERS non-includable taxable income, or a portion as cash and a portion to a 457 plan. This election may only occur at time of hire or during Open Enrollment.

During the term of the MOU, upon written notice by the City, parties agree to reopen this Article and begin meeting and conferring no later than two weeks following such written notice.

23.1.2 Benefits Effective January 1, 2024.

The parties have completed the above re-opener negotiations of this Article. The following is effective January 1, 2024. Accordingly, the above Pre-January 1, 2024 Benefits under 23.1.1 shall no longer be in effect as of January 1, 2024. (a) Health Benefit Contributions and Benefit Money.
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i. Healthcare Plan Contributions – Effective January 1, 2024, the City shall contribute for each employee who participates in a City Healthcare Plan a maximum amount up to the 2024 rates for mid-tier HMO Healthcare Plan (Blue Shield Access+), which are stated below.

BS ACCESS+
Single Employee $756.65
2 Party $1,513.30
Family $1,967.29
Beginning January 1, 2025 and annually thereafter on January 1, the maximum annual inflator for the City contribution increase is up to 2.5% above the maximum contribution amount for rates for mid-tier HMO Healthcare Plan (Blue Shield Access+ in 2024) of the prior year. ii. In addition to the healthcare plan contribution, employees participating in the City Healthcare Plan shall receive the following amounts as cafeteria plan Benefit Money.

Single Employee $600
2 Party $250
Family $250
Employees may use the Benefit Money stated above for any combination of the following cafeteria plan benefits: (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Benefit Money is forfeited.
*Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.

Employees shall be responsible for paying any cost for the employee’s selected cafeteria plan benefits that exceed the City’s contribution described above. (b) Option to Opt-Out with Proof of Alternative Minimum Essential Coverage.

Employees who provide the City with reasonable evidence of alternative minimum essential coverage can decline, in writing, coverage under the City’s Healthcare Plans and will not receive any cafeteria plan contribution from the City. i. Employees hired before July 1, 2024 may opt out and choose to receive a maximum cash out of $1,000 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out 328
arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited.
ii. Employees hired after July 1, 2024 may opt out and choose to receive a maximum cash out of $500 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited.
*Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.
iii. Eligible Opt Out Arrangement – The eligible opt out arrangement conditions that must be satisfied in order for an employee to receive cash for opting out of the City’s Healthcare Plan coverage are as follows:
a. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);
b. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt out arrangement applies;
c. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for applicable period. Reasonable evidence may include an attestation by the employee;
d. The employee must provide the evidence/attestation every plan year; e. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and
f. The cash for opting out cannot be made if the City knows or has reason to know that the employee or the employee’s tax family member does not have alternative minimum essential coverage.
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23.2 I.R.S. 125 Flexible Spending Plan (Cafeteria Plan). During the term of this MOU, the City shall maintain an Internal Revenue Service (IRS) 125 plan which will allow employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses or both as defined by the IRS.

23.3 Eye Wear Reimbursement. City will also reimburse a maximum combined total annual (per fiscal year) amount of two hundred fifty dollars ($250), for prescription eye wear for an employee and all covered (employee/spouse/domestic partner/employee’s dependents).

23.4 Insurance Advisory Committee. The City shall maintain the Benefit Advisory Committee to which the Union may appoint a representative.

23.4.1 Purpose. - The purpose. of the Benefit Advisory Committee shall be to advise the City relative to health, life, and related insurance plans which may be provided to employees of the City including the type of plans, scope of coverage, and the selection of insurance carriers.

23.4.2 Voting. - The Benefit Committee shall determine issues by a majority vote of the members, each, member having one (1) vote.

23.4.3 Selection of Members. - Benefit Committee Members shall be selected as follows:
(a) Representatives of bargaining units shall be selected in a manner to be determined by each respective unit.
(b) The City's Representatives shall be the Deputy Human Resources Director and the Administrative Services Director.

23.4.4 Meetings. The Benefit Committee shall meet as may be necessary to conduct the business of the committee.

23.4.5 Status. The Advisory Benefit Committee will be advisory only, with no power or prerogative to decide on behalf of the City on issues pertaining to employee insurance coverage.

ARTICLE 24 - RETIREMENT AND MEDICARE

24.1 California Public Employees Retirement System (CalPERS) Formulas. (a) All IBEW-Local 47 represented miscellaneous employees hired prior to December 11, 2012 remain eligible to receive the CalPERS retirement plan known as “two and one-half at fifty-five” retirement (2.5% @ 55) formula for Miscellaneous Employees.
(b) Beginning on or after December 11, 2012, the City implemented the 2% @ 60 retirement formula for miscellaneous new hires with average three years for calculation of final retirement benefit, which after January 1, 2013 shall only apply 330
to new hires defined by CalPERS as “classic members.” (Approved by City Council through side letter December 11, 2012.)
(c) Beginning January 1, 2013, new hires defined by CalPERS as “new members” receive the newly created 2% @ 62 retirement formula with average of three years for calculation of final retirement benefit. (Mandated by the Public Employees Pension Reform Act of 2013.)

24.2 Contributions to CalPERS. All IBEW-Local 47 represented employees shall pay their full member contribution rate to their respective retirement plan with CalPERS.

CalPERS will determine the employee member contribution rates for each retirement formula. The City does not provide any Employer Paid Member Contributions for Unit members.

24.3 F.I.C.A. Represented employees shall pay the employee's portion of FICA and the City shall be responsible for payment of the employer's portion.

ARTICLE 25 - MISCELLANEOUS BENEFITS

25.1 Disability Insurance.
(a) Each employee shall pay the cost of membership in the City's long term disability insurance selected by the City. City agrees to offer a short term disability program at the employee’s expense provided that such short term disability program can be offered in conjunction with the City's existing long term disability insurance and the Short Term Disability waiting period will reduce from 30 days to 7 days. The City will notify IBEW-Local 47 of this option at the City's Annual Benefit Advisory Meeting.
(b) An employee with sick leave accruals available may use their accruals in conjunction with STD/LTD benefits until exhausted. When sick leave is exhausted, an employee may use accumulated vacation leave and may also elect to use compensatory time to extend full pay as long as possible except when exempted by City policy and the Family Medical Policy. An employee is prohibited from receiving more than 100% of salary in combined sick/vacation leave and City's STD/LTD/Paid Family Leave benefits.

Employees who are eligible for the Donated Leave Policy, may not receive more than 100% of salary when combined with STD/LTD/Family Leave Benefits.

25.2 Computer Loan. Every non-probationary member of the Unit shall be entitled to participate in an interest free loan program for the purchase of a computer. The maximum amount of any individual loan shall be equal to one (1) month of an employee's salary. The cumulative amount of loans outstanding hereunder shall not exceed $40,000. The loan shall be upon the terms and conditions established by the City.

25.3 Tool Loan. Every member of the Unit shall be entitled to participate in an interest free loan program for the purchase of mechanic shop tools. The maximum amount of any 331
individual loan shall be equal to one (1) month of an employee's salary. This loan cannot be used concurrently with any other City loan program.

25.4 Direct Deposit. All employees shall be paid by direct deposit of their payroll check into an account of their choice, except those who either do not hold an account with a financial institution that offers direct deposit or who do not hold any account of any type, and such employees will be required to pay a $10 administration fee per payroll. It shall be the responsibility of the employee to establish and maintain such account.

25.5 Utility Allowance. Any represented employee(s) who reside within the City shall receive $150 per month per employee as a discount against the cost of electric and water service during the period of such residency.

25.6 Tool Reimbursement (Equipment Mechanic). Employees in the position of Equipment Mechanic shall be entitled to a reimbursement of up to $1,500 per year upon proof of purchase of tools for use in the performance of their duties. Such purchase shall have been previously approved by the supervisor.

ARTICLE 26 - IBEW-Local 47 RETIREE MEDICAL FUND
Employees agree to pay one percent (1%) of salary into the IBEW Local #47 Retiree Medical Fund.

ARTICLE 27 - LAYOFFS AND RE-EMPLOYMENT

27.1 Purpose. The purpose of this Article is to provide a fair and equitable basis for the reduction of full-time classified personnel due to insufficient work or funds.

27.2 Reasons For Lay Off. The City retains the right to determine when a lack of work or lack of funds condition exists. Lack of work means, that a category of work effort within the City can be fulfilled with fewer employees at an acceptable level of service. Lack of funds, means that the City cannot sustain operations at the current level of employment within the funding available.

27.3 Notice Of Lay Off. Any lay off initiated under the provisions of this document can take place at any time during the year. The City shall notify the affected employees in writing at least fourteen (14) calendar days prior to the employees last day of work. The City reserves the right to pay the employee for such fourteen (14) day period or any remaining portion thereof, and to require the employee to immediately vacate City property. A copy of any notice will be forwarded to the IBEW-Local 47 representative. Any notice of lay off shall, specify the reason for the lay off and effective date. The form and timing of such notice shall be subject to the established Grievance Procedure, provided, however, that the City's decision to lay off is not subject to the grievance procedure. The date of layoff shall not be delayed by the pendency of a grievance.

27.4 Order Of Lay Off. The classifications of employees to be affected by any lay off shall be as determined by the City in its sole discretion. The order of lay off shall be based upon continuous seniority within the affected classification, except as provided in Section

27.4(a). With respect to the classifications which have been retitled by the City, "continuous 332
seniority within the affected classification" shall not be limited to time in the newly titled classification but shall mean all current continuous time in full-time permanent employment with the City in whatever classification.
(a) Critical Position Function. There are various job functions set forth in the. position description for each classification. Certain of these functions may be determined by the City Manager to be vital to the ongoing operations of the City. By way of further definition, a function is "critical" if the City Manager, in the exercise of his/her sole discretion, determines that the City cannot best provide necessary services with the reduced work force without employees capable of performing the "critical" function. A senior employee may be selected for lay off over a more junior employee if the junior employee has demonstrated the ability to perform these critical position functions and the more senior employee has not. No person shall be deprived of the opportunity to develop his/her skills in a critical position function. (b) For purposes of this section, "critical position function" shall be based on the skills necessary to perform the function and not on the performance of specific tasks performed by the incumbent in .any position. "Skill" refers to the basic knowledge and ability necessary to perform a job function e.g. typing, welding, accounting or any recognized subcategory of such function, e.g. pipe welding, welding specialized metals, etc, or cost accounting vs. general accounting. "Tasks" refers to the elements of a position within a department e.g., typing form-A.

27.5 Reduction Of Class.

The establishment of a Class Series List was established as indicated on Attachment “C”.
(a) Any employee who has been given a written notice of layoff may choose to be reduced in classification and compensation, to a classification in which the employee has previously established seniority while in the employ of the City, if the employee has greater continuous seniority with the City than at least one (1) person in the lower classification.
(b) Seniority for purposes of layoff shall be determined by the total continuous time served by an employee in his/her current position in addition to any time served by the employee in a position in the same job series with a pay range equal to or higher than the employee's current position. If an employee leaves the service of the City for any period of time the employee's prior service shall not be considered as service for the purpose of calculating the employee's seniority for any purpose.
(c) Alternatively, and exclusive of an election under the .previous paragraph

27.5(a), an employee may choose to be reduced in classification and compensation to an existing position in a class series, if the employee has greater continuous length of service with the City than the incumbent in the lower classification in the class series. Class series is defined as a vertical succession of positions that encompass the same general set of job duties 333
that increase in complexity and responsibility as one moves upward through the class series.
(d) Relative class standing for subparagraphs (a) and (b) shall be as determined by the salary ranges for the classifications under consideration. The classification with the highest compensated step in the salary range shall be the higher classification
(e) Anything contained herein to the contrary notwithstanding, any employee may choose to be reduced in an entry level position if the employee meets the minimum qualifications for the position and has more seniority with the City than an incumbent in the position. For purposes of this subsection an "entry level position" is a position requiring no prior experience.

27.6 Equal Seniority. If two (2) or more employees subject to layoff have equal class seniority, then the determination as to who has seniority shall be based upon total length of uninterrupted service with the City. If both employees were hired on same day, the employee with the lower City Employee number assigned on the date of hire shall be considered to have seniority.

27.7 Reemployment Rights. Laid off employees will be eligible for reemployment up to eighteen (18) months from date of layoff notice.

ARTICLE 28 - GRIEVANCE PROCEDURE

28.1 Items Subject To Grievance Procedure. Any permanent employee in the competitive service who has a grievance based upon his/her demotion, dismissal, reduction in pay, violation of the personnel ordinance, salary resolution or this MOU, or violation of commonly accepted safety practices not resolved by the Safety Committee, shall be entitled to have the matter reviewed through the following grievance procedure outlined in this article and complete the attached Grievance Form – Attachment A.

28.2 Informal Step. An attempt shall be made to ascertain all facts and adjust such grievance on an informal basis between the employee and, if he desires, his/her Steward, and the immediate supervisor. Presentation of such grievance shall be made within fourteen (14) calendar days of the incident causing the grievance, or the date on which the employee first became aware of it.

28.3 Step One. If the grievance is not adjusted to the satisfaction of the employee within fourteen (14) calendar days after presentation of the grievance to the immediate supervisor the grievance shall be submitted in writing by the employee or his/her steward to the Department Head, within the next fourteen (14) calendar days. The Department Head and a representative of the Human Resource Department shall meet with the employee, his/her steward or both within fourteen (14) calendar days of receipt of such written grievance and the Department Head shall deliver his decision in writing to the employee, along with his reasons for such decision, within fourteen (14) calendar days after meeting.

28.4 Step Two. If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 28.3 above, the employee or his/her steward may 334
submit the grievance, in writing, to the City Manager, within fourteen (14) calendar days after the completion of the last step under paragraph 28.3 above. The City Manager shall meet with the employee, and his/her steward, if applicable, within fourteen (14) calendar days of receipt of such written grievance, and shall deliver his decision in writing, to the employee, along with the reasons for such decision, within fourteen (14) calendar days after the meeting.

28.5 Step Three. If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 28.2, 28.3 and 28.4 above, the employee or his/her representative may submit written notice to the City Manager within fourteen (14) calendar days after the completion of the last step under paragraph 28.4 above of his/her intent to submit the matter to arbitration. In matters of interpretation of this MOU, IBEWLocal 47 shall have the exclusive authority to determine whether a grievance shall be taken to arbitration. In disciplinary cases where IBEW-Local 47 may be required to pay for any part of the cost of such arbitration, IBEW-Local 47 may elect to proceed to arbitration. If IBEW-Local 47 does not elect to do so, then the employee may do so at his/her own expense. The procedures set forth below shall be followed for arbitrations. (a) Within seven (7) calendar days of receipt of the written notice, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service or any other mutually agreeable mediation service. (b) Within fourteen (14) calendar days of receipt of the list of arbitrators the parties shall attempt to reach an agreement on an arbitrator. Failing to agree on an arbitrator, IBEW-Local 47 and the City shall take turns striking the names or arbitrators from the FMCS list until one (1) name remains. IBEW-Local 47 shall strike the first name.
(c) The parties shall contact the arbitrator to arrange for a mutually convenient time and date for the arbitration hearing.
(d) The cost of the arbitrator shall be split equally by the City and IBEW-Local 47 save that if the grievance arises from the administration of discipline, the City shall bear the cost.

28.6 Step Four. Within fourteen (14) calendar days after the parties receive the arbitrator's recommendation the opinion of the arbitrator will be final on matters relating to the interpretation or administration of this MOU. Arbitration on discipline is advisory only. If the decision relates to discipline, within fourteen (14) calendar days after the parties receive the arbitrator's recommendation on disciplinary matters, the City Manager shall advise IBEW-Local 47 and/or the employee and the Department Head whether the City Manager is accepting, rejecting, or modifying the recommended decision. The decision of the City Manager shall be the final decision of the City.

28.7 Change Of Limits. The above time limits may be changed by mutual agreement.

28.8 Mutual Agreement for Additional Mediation/Arbitration. Upon mutual agreement of the parties, a grievance may be submitted to a representative of a mutually agreeable arbitration service for mediation and/or arbitration. Unless agreed otherwise by the parties 335
in writing, the role of the arbitrator shall be advisory only and it shall have no power or authority to impose a result or resolution upon any of the parties.

ARTICLE 29 – ADMINISTRATIVE LEAVE

29.1 Administrative Leave Provision. Employees will be granted paid time off based on their regular work schedule. Employee will be compensated for holidays while they are on paid administrative leave.

ARTICLE 30 - SEVERABILITY CLAUSE
If any of the provisions contained in this MOU are determined to be unlawful, then only such provision(s) shall be deleted from this MOU with the remainder of this MOU remaining in full force and effect. Upon the issuance of a decision by a Court of Competent Jurisdiction declaring any section of this MOU to be unlawful, unenforceable, unconstitutional, or not applicable, the parties agree to meet and confer as soon as possible concerning only those sections.

ARTICLE 31 - COMPLETE AGREEMENT

30.1 Entire Agreement. This MOU is the entire agreement between the parties, terminating all prior agreements, whether written or oral arrangements and practices, and, except as otherwise provided herein, shall conclude all meetings and. conferences during the term of this MOU.

30.2 Items Not Covered. All terms and conditions of employment not covered by this MOU shall continue to be subject to the City's direction and control.

ARTICLE 32 - POSTING JOB VACANCIES
City agrees to post on City's website, and IBEW-Local 47 bulletin boards all vacant positions in the Unit.

ARTICLE 33 - RE-OPENERS

32.1 During the term of this MOU, unless otherwise provided, the parties shall not meet and confer with respect to any subject or matter whether or not referred to in this MOU, unless mutually agreed to otherwise.

ARTICLE 34 - RATIFICATION AND EXECUTION.

This MOU has been developed as a result of meet and confer sessions between authorized representatives of the City and IBEW-Local 47 regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and IBEW-Local 336
47 have reached an understanding as to certain recommendations to be made to the City Council for the City of Banning and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. IBEW-Local 47 also represents that its members have ratified this MOU. Accordingly, the parties hereto acknowledge that this MOU shall not be in full force and effect until adoption by the Banning City Council.

In witness whereof, the parties have caused their signatures to be affixed this ___ day of ____, 2024.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – LOCAL 47

GENERAL UNIT REPRESENTATIVES
Date: ________________, 20_____
By:

Colin Lavin, Business Manager Sandra Castaneda, Employee Representative Stan Stosel, Sr. Assistant Business Manager Natllely Soriano, Employee Representative John Baca, Assistant Business Manager

CITY OF BANNING REPRESENTATIVES
Date: _________________, 20_____
By:

Doug Schulze, City Manager Art Vela, Public Works Director Nicole Jews, Human Resources Manager Lincoln Bogard, Administrative Services Director Attest:

By: _________________________
City Clerk
337

ATTACHMENT A
City of Banning-IBEW Local 47 General Unit Grievance Form GRIEVANCE NO.__________
Employee Name: ____________________________________ Date:_____________ Job Class: Dept/Division: __________________
Union Representative: __________________________________________________ Date, time and place of incident leading to grievance:

Detailed account of occurrence (include names of persons involved, if any):

Please state policies, procedures, or guidelines that you feel have been violated:

Proposed solution to grievance:

The grievant should retain a copy of this form for his/her records. The signature below indicates that you are a filing a grievance, and any information on this form is truthful.

Employee Signature Date
Grievant Information
338
Received by Date
Date Submitted Date of Meeting Response/Resolved
Informal Step: (Within
14 days of incident
between Employee,
Steward/ Union
Representative and
Immediate
Supervisor)
Step One: (Within 14
days after Informal
Step submit
grievance in writing to
Immediate
Supervisor.)
Step Two: (Within 14
days from
presentation to
Immediate Supervisor
submit in writing to
City Manager)
Step Three: (Within
14 days after
completion of last
step submit in writing
intent to submit the
matter to arbitration.

Step Four: (Within 14
days after the parties
receive the arbitrator
recommendation the
opinion of the
arbitrator will be final
on matters relating to
the interpretation or
administration of this
MOU.
___________________________________ _______________________________ Employee Signature Date Union Representative Date
___________________________________
City Representative Date
339
340
1 12453870.1 BA060-057

INTERNATIONAL

BROTHERHOOD OF

ELECTRICAL WORKERS
LOCAL 47

UTILITY UNIT
(IBEW – UTILITY)

MEMORANDUM OF

UNDERSTANDING
July 1, 2022 – June 30, 2024
341
2 TABLE OF CONTENTS
ARTICLE 1 – PREAMBLE ............................................................................................. 3 ARTICLE 2 - CONTINUATION OF RULES & POLICIES .............................................. 4 ARTICLE 3 - EMPLOYEE RIGHTS ................................................................................ 5 ARTICLE 4 - MANAGEMENT RIGHTS.......................................................................... 6 ARTICLE 5 - PROBATIONARY PERIOD ...................................................................... 7 ARTICLE 6 - DUES DEDUCTION; AGENCY SHOP ..................................................... 7 ARTICLE 7 -UNION REPRESENTATIVES .................................................................... 8 ARTICLE 8 -BULLETIN BOARDS ................................................................................. 9 ARTICLE 9 - MEMORANDUM OF UNDERSTANDING COPIES .................................. 9 ARTICLE 10 - MEETINGS ........................................................................................... 10 ARTICLE 11 -HOURS OF WORK ................................................................................ 10 ARTICLE 12 -LIGHT DUTY .......................................................................................... 11 ARTICLE 13 - REST PERIOD ...................................................................................... 11 ARTICLE 14- SALARIES, PERFORMANCE EVALUATIONS .................................... 12 ARTICLE 15 -OVERTIME, ON-CALL PAY .................................................................. 18 ARTICLE 16 - TEMPORARY UPGRADE PAY AND PROMOTION PAY .................... 20 ARTICLE 17 - PAY FOR JURY DUTY & COURT APPEARANCES ........................... 21 ARTICLE 18 - SAFETY, EQUIPMENT AND TRAINING .............................................. 21 ARTICLE 19 - MILEAGE, MEALS AND OTHER REIMBURSEMENT......................... 22 ARTICLE 20 - TUITION REIMBURSEMENT: EDUCATION INCENTIVE .................... 24 ARTICLE 21 - SICK AND BEREAVEMENT LEAVE ................................................... 26 ARTICLE 22 - VACATION AND HOLIDAY ACCRUALS............................................. 27 ARTICLE 23 - MEDICAL AND DENTAL INSURANCE ............................................... 30 ARTICLE 24 - RETIREMENT AND MEDICARE .......................................................... 34 ARTICLE 25 - MISCELLANEOUS BENEFITS ............................................................ 35 ARTICLE 26 - IBEW – Local 47 RETIREE MEDICAL FUND ...................................... 36 ARTICLE 27 - LAYOFFS AND RE-EMPLOYMENT .................................................... 36 ARTICLE 28 - GRIEVANCE PROCEDURE ................................................................. 38 ARTICLE 29 – ADMINISTRATIVE LEAVE .................................................................. 40 ARTICLE 30 - SEVERABILITY CLAUSE .................................................................... 40 ARTICLE 31 - COMPLETE AGREEMENT .................................................................. 40 ARTICLE 32 - POSTING JOB VACANCIES ................................................................ 40 342
3 ARTICLE 33 - RE-OPENERS ...................................................................................... 40 ARTICLE 34 – RATIFICATION AND EXECUTION ..................................................... 40

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BANNING AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS - LOCAL 47

REPRESENTING THE METER READING, ELECTRIC AND WATER UTILITY EMPLOYEES UNIT FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2024 ARTICLE 1 – PREAMBLE

1.1 This Memorandum of Understanding (hereinafter the “MOU”) is entered into between the City of Banning, a Municipal Corporation (hereinafter known as the "CITY"), and the authorized representatives of the International Brotherhood of Electrical Workers - Local 47 (hereinafter "IBEW-Local 47”), as the recognized employee organization for the Meter Reading, Electric and Water Utility Employees Unit of representation (hereinafter the “Unit”), relative to wages, hours, and other terms and conditions of employment as provided by Sections 3500 - 3510 of the California Government Code, otherwise known as the Meyers Milias-Brown Act.

1.2 Recognition. The City continues to recognize IBEW-Local 47 as the only Recognized Employee Organization representing full time, permanent employees presently in the Unit or hereafter employed by the City and eligible for inclusion in the Unit. All included provisions of this MOU apply only to employees who are covered by the MOU. It is understood that this MOU shall constitute a bar to any petition or request for recognition of any representational unit which includes classifications of employees covered by this MOU or such petitions to represent such employees at any time during the term hereof.

This provision shall not preclude employees from exercising their rights as may be provided by the Meyers-Milias-Brown Act or the Employer-Employee Relations Resolution of the City.

1.3 Term. Except as otherwise provided herein, this MOU between the City and IBEWLocal 47 relative to wages, hours, and other terms and conditions of employment shall become effective upon approval by City Council and thereafter shall remain in full force until its term expires at close of business on June 30, 2024, except that if no successor MOU has been negotiated and approved by June 30, 2024, then this MOU shall extend and not be terminated until such time as a successor MOU is approved by City Council or City Council unilaterally implements its last, best and final offer after impasse procedures have been followed, whichever occurs first.

1.4 Represented Classifications. This MOU covers employees in the following classifications:

Apprentice Meter Test Technician
Assistant Water Superintendent
Auto Cad Technician
343
4 Certified Powerline Technician
Electrical Service Planner
Electric Services Worker
Field Service Representative
Lead Field Service Representative
Meter Test Technician
Powerline Apprentice
Powerline Crew Superintendent
Powerline Crew Supervisor
Powerline Technician
Public Benefits Coordinator
Senior Electric Distribution System Designer
Senior Electric Services Planner
Substation Test Technician
Utility Service Assistant
Utility Engineering Services Assistant
Warehouse Services Specialist
Warehouse Specialist Water/Wastewater
Wastewater Collection Systems Specialist/Lead
Wastewater Collection Systems Technician I
Wastewater Collection Systems Technician II
Wastewater Collection Systems Technician III
Wastewater Collection Systems Supervisor
Water Crew Supervisor - Production
Water Crew Supervisor - Distribution
Water Production Operator I
Water Production Operator II
Water Production Operator III
Water Production Operator Lead
Water Service Worker I
Water Service Worker II
Water Service Worker III
Water Services Crew Lead

ARTICLE 2 - CONTINUATION OF RULES & POLICIES

2.1 Other Written Policies. It is understood and agreed that all such written ordinances, policies, resolutions, rules and regulations, including, but not limited to, the Personnel Rules and Regulations of the City, the Employer-Employee Relations Resolution (Resolution No. 2010-45); and the Administrative Manual of the City shall remain in effect during the course of this MOU, subject to amendment or deletions as otherwise provided herein.

344
5 2.2 Past Practice. For purposes of this MOU, "past practice" shall be defined as an unwritten policy, procedure or work rule of the City affecting wages, hours or conditions of employment, upon which the City and members of the Unit have come to rely through a course of conduct and which is not inconsistent with the express terms and conditions of this MOU. As of the effective date of this MOU, all past practices preexisting this MOU shall be deemed to be void and of no further force and effect.

2.3 Meet and Confer. The City and IBEW-Local 47 agree to meet and confer during the term of this MOU over the adoption, amendment or revision, including repeal, of City ordinances, resolutions, rules and regulations, including but not limited. to, the City's Personnel Rules and Regulations, the Employer-Employee Relations Resolution (Resolution No. 2010-45) and the Administrative Policies of the City, to the extent that such documents contain mandatory subjects of bargaining pursuant to the MeyersMilias-Brown Act. Should an impasse be reached following such meet and confer sessions, the provisions of the Employer- Employee Relations Resolution (Resolution No. 2010-45) and state law will apply.

ARTICLE 3 - EMPLOYEE RIGHTS

3.1 Non-Discrimination. The provisions of this MOU shall apply to all persons covered by this MOU without discrimination on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy, childbirth, gender, gender identity, gender expression, age, sexual orientation, citizenship status or any other basis protected by applicable law, nor will there be any discrimination with respect to hiring, retention or any condition of employment because of membership or activities on behalf of the IBEW-Local 47.

3.2 Employee Organization Membership. IBEW-Local 47 will accept into membership all eligible persons of the bargaining unit without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy, childbirth, gender, gender identity, gender expression, age, sexual orientation, citizenship status or any other basis protected by applicable.

3.3 Rights Granted By State and Federal Law. Except as otherwise provided in this MOU, the employees covered by this MOU shall have all rights which may be exercised in accordance with state and federal law, and applicable ordinances, resolutions, rules and regulations. However, employees covered by this MOU shall not have the right to file a grievance for violation of any such law, ordinance, resolution or rule, except as specifically set forth herein at Article 28.

3.4 Additional Employee Rights. Employees shall also have:

345
6 (a) The right to form, join, and participate in activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.

(b) The right to refuse to join or participate in the activities of employee organizations.

(c) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above.

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 City Authority & Management Prerogative. IBEW-Local 47 recognizes and agrees that, except as limited by this MOU, the City and its representatives have the responsibility and the authority to manage and direct all operations and activities of the City including, but not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards and the processes and the materials to be employed; the right to subcontract any work or operation; to expand or diminish services; to determine the procedures and standards of selection for employment and promotion; determine classifications; direct its employees; take disciplinary action; relieve its employees of duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted and to assign work to employees and to establish and change work schedules and assignments and to determine the days and hours when the employees shall work; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and work performance technology.

4.1.1 When the decision to make the change is non-negotiable, but the effects of the decision are negotiable, the duty to provide notice and an opportunity to bargain arises at the time the decision is made and prior to taking action to implement the decision.

4.2 Subcontracting. At no time shall the City subcontract work that was previously completed by IBEW-Local 47 Represented employees whose services have been terminated without prior notification to meet and confer with the IBEW-Local 47 representative.

4.3 Volunteers. The City agrees that volunteers shall not be used to fill positions or replace work previously performed by terminated or laid off Unit members except on a temporary basis during the recruitment process for a Unit classification for which the Unit member resigned or was terminated for reasons other than layoff.

346
7 ARTICLE 5 - PROBATIONARY PERIOD

5.1 Probation Period. All employees appointed to a position represented by IBEW Local 47 shall serve a twelve (12) month probationary period. The probationary period shall be considered a part of the examination and selection process and shall not include any time served under any limited service or provisional appointment but shall start from the time of appointment to a regular position. After serving six (6) months in the probationary period, the employee shall be eligible for a six-month merit increase based upon a satisfactory performance evaluation. This will be the employee's new anniversary date for future performance evaluations/merit increases. Employees will pass probation at the end of the probation period upon a satisfactory performance evaluation, or shall pass probation if employee's supervisor does not provide the performance evaluation on time.

5.2 Probation Period for Promotions. Represented employees who have previously successfully completed a probationary period and who are subsequently promoted, shall serve a six (6) month probationary period in the new position. At the conclusion of the probationary period, upon a satisfactory performance evaluation, employees shall pass probation and receive a salary increase of two (2) steps, or shall pass probation and receive the pay increase if employee’s supervisor does not provide the performance evaluation on time. This will be the employee's new anniversary date for future performance evaluations/merit increases.

5.3 Probation Period Extension. Probation Period on an employee’s initial probation can be extended if necessary, for a period not to exceed six (6) months. If extended, such action must be extended during initial probation period. Any extended period of absence from duty of four continuous weeks (2 pay periods) or more for any reason except scheduled vacation, will automatically cause a probation period to be extended equal to the period of absence.

ARTICLE 6 - DUES DEDUCTION; AGENCY SHOP

.

6.1 Dues Deduction. The Union may have the regular dues of its bargaining unit members deducted from paychecks under the following procedures:

6.2 Sufficient Earnings. The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the IBEW – Local 47 dues deduction authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings.

6.3 Non-Pay Status. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over IBEW – Local 47 dues.

347
8 6.4 Dues Authorization. The Union is solely responsible for distributing to, and collection from, employees the dues deduction authorization forms. Union shall notify the City in writing of any employee who hereinafter comes into the bargaining unit and who has provided appropriate written authorization to the Union. The City shall deduct the approved bi-weekly membership dues and voluntary deductions in the pay period following receiving written notification from the Union.

6.5 Dues Cancellation. An employee's authorization for payroll deduction of IBEW – Local 47 dues may be cancelled at any time by written notice from the employee to IBEW-Local 47, and employee may pay dues directly to IBEW-Local 47. An employee's deduction authorization shall automatically be cancelled if the employee leaves the employ of the City or is transferred to a position not within the Unit. Union shall advise the City in writing of the membership dues and voluntary deductions to be deducted for each member. Union shall notify the City in writing of any changes to employee deductions thirty (30) days prior to the effective date of such change. The Union shall, as soon as possible, notify the City in writing if any member of the bargaining unit revokes a membership dues and voluntary deduction authorization.

6.6 Funds Transmission. The aggregate amount of IBEW – Local 47 dues deductions by the City shall be transmitted monthly to the Business Manager/Financial Secretary of IBEW – Local 47. The City shall provide the Business Manager/Financial Secretary with a list each month indicating the dues deducted from the pay of any Unit member and those employees for whom no deduction was made pursuant to the provisions of Sections 6.2 and 6.3.

6.7 Indemnification. IBEW – Local 47 shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City arising from this Article, including on account of employee authorizations, revocations, deductions made, cancelled, or changed in reliance on the Union’s representations regarding employee dues and voluntary deduction authorizations. In addition, Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

ARTICLE 7 -UNION REPRESENTATIVES

7.1 Meetings. Two (2) employees selected by IBEW – Local 47 may attend scheduled meetings with City management during regular hours without loss of pay, provided that such employees shall not leave their work station or assignment without first securing approval of their Department Head twenty-four (24) hours in advance. Such meetings shall be scheduled in a manner consistent with the City's operating requirements and work schedules. Nothing herein shall be deemed to preclude the scheduling of such meetings at hours other than such employee's regular working hours, in which event attendance shall be without pay.

7.2 Leave For IBEW – Local 47 Business. Upon not less than seven (7) calendar days' notice, City may grant a leave of absence for IBEW – Local 47 business to not more 348
9 than three (3) employee(s) designated by IBEW – Local 47. Such leave shall not be denied without legitimate reason. Such leave shall be without pay, but will not be considered a break in continuous service with the City. The total amount of all such leaves taken pursuant to this section shall not exceed ten (10) days in any calendar year, per employee.

7.3 Notification of Representatives. IBEW – Local 47 shall notify the Human Resources Department of the name(s) of Stewards as such individuals are appointed by IBEW – Local 47 from time to time.

ARTICLE 8 -BULLETIN BOARDS

8.1 Authorized Postings. The City will continue to provide adequate bulletin board space where currently available. Only areas designated by the Department Head may be used for posting notices. Bulletin boards may be used for the following notices:

(a) scheduled IBEW – Local 47 meetings, agenda and minutes.

(b) information on IBEW – Local 47 elections and the results.

(c) IBEW – Local 47 special, recreational, credit union and related bulletins.

(d) reports of IBEW – Local 47 official business including reports of committees or the executive board of IBEW – Local 47.

(e) MOU, pay scales, job announcements, promotion lists, etc.

(f) such other items as may be approved by the Department Head or his/her designee upon request of IBEW – Local 47.

8.2 Posted Notices. Posted notices shall not be defamatory or violate any of the City's policies, nor shall they advocate election or defeat of candidates for public office. All notices to be posted shall be dated and signed by an authorized representative of IBEW – Local 47. IBEW – Local 47 may give notices to the represented employees through use of the City mail system and/or the City computer e-mail system.

ARTICLE 9 - MEMORANDUM OF UNDERSTANDING COPIES

9.1 After it has been executed by the parties, the City shall provide IBEW – Local 47 with seven (7) originals and one (1) copy of an electronic (PDF) version of this MOU.

IBEW – Local 47 shall be responsible for providing copies of this MOU to represented employees at IBEW – Local 47 expense. City shall also provide a copy of the executed MOU to any represented employee hired or promoted into the represented Unit after the effective date of the MOU. The City may charge for any additional copies.

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10 ARTICLE 10 - MEETINGS

10.1 Items of Mutual Concern. Upon mutual agreement of both the City and IBEW – Local 47, the parties may meet to discuss items of mutual concern. A meeting conducted under this section shall not constitute a meet and confer or hearing under any grievance procedure.

10.2 Use of City Facilities. IBEW – Local 47 may be granted permission to use City facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by IBEW – Local 47 from the Department Head. IBEW – Local 47 shall be held fully responsible for any damages to and security of any facility that is used by IBEW – Local 47.

10.3 Budget Oversight Committee. The City agrees to continue the Budget Oversight Committee, with IBEW – Local 47 entitled to appoint one (1) member. Said Committee shall have an equal number of members appointed by the City's recognized employee organizations. Said Committee shall be advisory only to the City Manager. The City shall determine the necessity of such meetings, and shall notify the appointed member of the scheduled Budget and Finance Committee meeting held to discuss the annual proposed budget and the mid-year proposed budget adjustments.

ARTICLE 11 -HOURS OF WORK

11.1 Work Schedules. The parties agree that the City has the right to return to its traditional five day eight hour per work day (5/8) work week schedule, maintain its current four day ten hour per work day (4/10) work week schedule, or implement a nine day every two work week eighty hour (9/80) work schedule for some or all IBEW – Local 47 represented employees as appropriate in the sole discretion of the City as determined by each Department Head and with City Manager approval. IBEW – Local 47 represented employees currently working alternative work schedules at the time of IBEW – Local 47’s ratification of the deal points of this MOU who are required to return to working the traditional five day eight hour per work day (5/8) work week schedule shall receive an additional three percent (3%) base salary wage increase for the time period that they are required to work that particular traditional work schedule.

For Employees working a (9/80) work schedule, the work period shall begin four hours after the start time of his or her eight hour shift on the day that corresponds with the employee’s alternating regular day off such that the employee works four, nine-hour shifts and one four-hour shift each seven-day work period. Employees working a traditional five day eight hour per work day (5/8) work week schedule or four day ten hour per work day (4/10) work week schedule will continue to maintain a week ending time of 11:59 pm on Sundays.

11.2 Notice of Changes. The City shall provide at least two weeks (14 calendar days) notice of a change in work schedules.
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11 ARTICLE 12 -LIGHT DUTY

12.1 Accommodation. The parties agree that the City may assign employees who are unable to perform the full scope of their current job to temporary modified work consistent with the employee's functional limitations as described by his/her doctor when and where such work is available as determined by the City and where it may be accommodated without adverse consequences to the City or disruption in services or operations. This Article does not create in any employee entitlement to assignment in a light duty position.

12.2 Eligibility. Temporary modified work will be considered on a case-by-case basis.

Temporary modified work may involve modification of an employee's current job or assignment to work outside of an employee's current position. The Human Resources Department, in consultation with the Department Head, will determine eligibility for participation in the Temporary Modified Assignment Program and will coordinate temporary work positions/assignments.

12.3 Employee Cooperation. It shall be the duty of every employee to cooperate fully and promptly with the coordination of temporary/modified work assignments. Notification of changes in restrictions/limitation shall be promptly communicated to the Human Resources Department along with supportive documentation, acceptable to the City. In administering the Temporary Modified Assignment Program, the Human Resources Department may communicate directly with the employee's physician(s) regarding the employee's medical limitations, functional restrictions, job requirements in the employee's regular assignment, job requirements in any modified duty assignment under consideration and return to work status. Such communication will only be done with the employee's written authorization. Human Resources Department will consult with the employee’s Department Head regarding possible modified duty assignments under consideration.

12.4 Retention of Benefits. Employees participating in the Temporary Modified Assignment Program shall retain all contractual benefits, except pay scale, not inconsistent with the objectives of the Temporary Modified Assignment Program. The City may change regular days off and work hours while the employee is in the Temporary Modified Assignment Program.

12.5 Right to Decline. However, employees retain the right to decline any initial or subsequent assignment provided by the Temporary Modified Assignment Program.

ARTICLE 13 - REST PERIOD

13.1 Rest Period. Represented employees who work 16 (sixteen) consecutive hours shall earn an eight (8) hour rest period.

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12 (a) A rest period of eight (8) consecutive hours or more shall be considered an interruption of consecutive hours worked.

(b) A rest period of less than eight (8) consecutive hours shall be counted as time worked but not paid.

(c) Represented employees shall be compensated at their regular rate of pay for all regularly scheduled work time that falls while that employee is on his/her earned rest period.

(d) Represented employees required to return to work during an earned rest period, shall be compensated at the overtime rate of pay for all time worked. This overtime pay shall be in lieu of, and not in addition to, the regular rate of pay. Employees not required by management to return to work, but who choose to take less than an eight (8) hour rest period, shall be paid their regular hourly rate of pay for all regularly scheduled work hours.

(e) Time paid for meals not taken shall not count toward earning a rest period.

A paid meal time taken shall count toward earning a rest period.

(f) When the rest period extends into a regularly scheduled work day, the employee may elect to use vacation time, compensatory time, floating holiday time or leave without pay for the rest of the day.

(g) For the purpose of rest period eligibility, on any day that is not a regularly scheduled workday (including holidays) the hours that fall within the times of the employees’ normally scheduled work shift, had it been a regular work day, will be counted as time worked.

ARTICLE 14- SALARIES, PERFORMANCE EVALUATIONS

14.1 Wage Increases/Performance Evaluations.
a. 3% base wage increase effective July 1, 2022 and paid out the first full pay period following City Council approval of the new MOU. b. 3% base wage increase effective the first full pay period including July 1, 2023.

Ranges with defined steps are shown on the salary schedules provided herewith. The salary tables are calibrated in approximate 2.5% increments. Annual increase for satisfactory performance will be two (2) steps or approximately 5%. Department Heads will have the option of granting a higher salary increase based on exceptional performance, with approval of the City Manager. Unit members are evaluated using an employee performance evaluation form.
(a) Employee shall be granted a step increase upon receiving a satisfactory overall evaluation on the City approved employee evaluation form OR 352
13 such step increase will be automatically implemented if employee's supervisor is thirty (30) days late on giving such evaluation, retroactive to the due date of the evaluation.
(b) A first denial of a step increase shall not be an allowable subject of the exercise of employee rights under the grievance procedure outlined herein. However, an employee may upon request have such first denial reviewed by the Employee Relations Officer. Employee shall have the right to request a hearing with the Employee Relations Officer and to have a representative of his/her choice present. The decision of the Employee Relations Officer shall be final at this stage.
(c) An employee denied a step increase shall thereafter have monthly meetings to review his/her performance with his/her supervisor and shall have the City approved employee evaluation form completed no later than six months after the date of the performance evaluation which led to the denial of the step increase. If the employee’s overall performance is rated satisfactory, then the employee shall be granted the appropriate step increase effective the first pay period following the six month re-evaluation period. Such step increase shall not be retroactive.
(d) If the employee’s performance continues to be unsatisfactory after the six month re-evaluation period, the employee shall be given a final denial of step increase for the remainder of the regular evaluation period. After this final denial the monthly meetings to review his/her performance with his/her supervisor shall continue until the employee’s next annual review.

Denial of a step increase under this subsection shall be subject to review by an Evaluation Review Committee. The Evaluation Review Committee shall be comprised of the Employee Relations Officer, a non-evaluating Department Head selected by the employee, and an IBEW – Local 47 business representative. The Evaluation Review Committee shall make any adjustment to the evaluation that it deems justified by majority vote and its decision shall be final with no other right of appeal or grievance on the matter.
(e) An employee at the top of his or her range shall have his or her performance evaluated at least annually within thirty (30) days of her/her anniversary date.

ELECTRIC:

CLASSIFICATION

ADJUSTED
SALARY
RANGE

LADDER/STRUCTURE
Powerline Crew
Superintendent U90 2 ranges or 5% above Powerline Crew Supervisor 353
14 Electric Planning Supervisor U88 2 ranges or 5% above Senior Electric Service Planner
Powerline Crew Supervisor U88 /
Step 13
4 ranges or 10% above Certified
Powerline Technician
Operations System
Technician
U86 /
Step 13
4 ranges or 10% above
Substation Test Technician
Senior Electric Service
Planner U86 2 ranges or 5% above Electric Service Planner Electric Service Planner U84 2 ranges or 5% above Powerline Technician
Certified Powerline Technician U84 /
Step 13 Rubber Glove Certified
Powerline Technician U82 /
Step 13 Benchmark Position
Electric Meter Test Technician U82 /
Step 13 Equal to Powerline Technician
Substation Test Technician U82 /
Step 13 Equal to Powerline Technician
Powerline/Meter Test Tech
Apprentice
Percentage of
U82 / Step 13 See Apprentice Salary Schedule
Powerline Tech (RG Certified)
Apprentice
Percentage of
U84 / Step 13 See Apprentice Salary Schedule
Assistant Electric Service
Planner U74 10 ranges or 25% below Electric Service Planner Public Benefits Analyst U72 4 ranges or 10% above Public Benefits Coordinator
Public Benefits Coordinator U68
Lead Field Service
Representative U60 4 ranges or 10% above Field Service Representative Warehouse Services
Specialist – Electric U58
Electric Service Worker U58
Field Service Representative U56
Utility Services/Engineering
Services Assistant U54
Auto Cad/GIS Technician U68
Senior Electric Distribution
System Designer N/A
WATER/WASTEWATER:

CLASSIFICATION

ADJUSTED
SALARY
RANGE

LADDER/STRUCTURE
354
15 Assistant Water Superintendent U78 4 ranges or 10% above Dist/Prod/WW Supervisor
Distribution/Production/Wastewater
Supervisor U74 4 ranges or 10% above Lead
Water Services Lead/Water
Production Operator Lead/
Wastewater Collection Systems
Technician Lead
U70
4 ranges or 10% above
Service Worker III/Prod III/
Wastewater III
Water Production Operator III/
Water Services Worker III/
Wastewater Collection Systems
Technician III
U66
4 ranges or 10% above
Dist/Prod Operator II/
Wastewater Collection
Systems Technician II
Water Production Operator II/
Water Services Worker II/
Wastewater Collection Systems
Technician II
U62 4 ranges or 10% above
Worker I
Water Services Worker I/
Wastewater Collection System
Technician I/ Water Production
Operator I/ Warehouse Specialist -
Water
U58 Benchmark
Water Meter Crew Lead U56
Water Valve Flushing Crew Lead U56
Water Construction Crew Lead U56

14.2 Apprentice Salaries and Certificate Pay.
(a) All incumbents who have completed their one-year probationary period in the classifications of Powerline Technician and Powerline Crew Supervisor shall be placed at maximum amount of the allocated range.

Incumbents who have not completed their one-year probationary period in such classifications shall be placed on the allocated range at a point which is 95% of the maximum amount of such range.
(b) City will create a new Class and a new Grade that incorporates the 6% received upon training completion and commencement, within the base salary; and City has the ability to do 0, 1, or 2 step increases at reviews. (c) All incumbents in Electric Utility Apprenticeships shall be placed at a point on the allocated range which reflects the corresponding phase, upon commencement, pursuant to ratios a. through g. listed below. Upon successful completion of each phase, apprentice will promote to the next phase and receive the stated range increase, pursuant to ratios a. through g. listed below, upon commencement of that next phase. The 355
16 Apprenticeship phasing shall be in accordance with their Apprentice Agreement with future wage increases pursuant to the following ratios:
a. Phase 1 - 65% of Powerline Technician at Top Step (Currently Step 13)
b. Phase 2 - 70% of Powerline Technician at Top Step (Currently Step 13)
c. Phase 3 - 75% of Powerline Technician at Top Step (Currently Step 13)
d. Phase 4 - 80% of Powerline Technician at Top Step (Currently Step 13)
e. Phase 5 - 85% of Powerline Technician at Top Step (Currently Step 13)
f. Phase 6 - 90% of Powerline Technician at Top Step (Currently Step 13)
g. Phase 7 - Probationary Powerline Technician - 95% of Powerline Technician at Top Step (Currently Step 13)

(d) All incumbents who have completed the Apprenticeship program shall be promoted to Technician at the start of the next pay period as defined in the Apprenticeship Agreement.

(e) All incumbents in represented classifications for the Water or Wastewater Utility shall receive education incentive pay for non-expired certifications conferred by State of California water regulatory agencies in excess of the minimum job requirements. Employee shall be paid a 5% incentive for the first certificate obtained above the minimum job requirements and an additional 2.5% incentive for each additional certificate obtained up to a total of 12.5%. Under no circumstances shall the cumulative total for incentives exceed 12.5%. No incentives are paid for the classification minimum requirements.

14.3 Bilingual Premium Pay. Employees who have been certified as being fluent in a language other than English, or sign language, shall receive five percent (5%) premium pay, if the need for fluency is: (1) necessary for the current position, and (2) use of the language for compensation has been previously approved by the employee's supervisor and the Human Resources Department. Qualifications shall be based upon certification of a certifying authority selected by the City. Each employee shall be reviewed annually for bilingual pay as part of the annual evaluation. Authorization and continuation of premium pay shall be at the sole discretion of the City. Nothing contained herein shall preclude the City from requiring proficiency in a second language as a minimum job qualification for any future employee or position.

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17 14.4 Retention Bonus. Represented Unit members in the classifications of Probation Powerline Technician, Powerline Technician, Powerline Crew Supervisor, Substation Test Technician, Meter Test Technician, Electric Service Planner, Senior Electric Service Planner and Certified Powerline Technician shall receive a retention bonus of $5,000 following City Council approval of new MOU and first full payroll following July 1 as long as they are still employed with the City on the date they are to be paid. The following classifications shall receive $2,500 following City Council approval of new MOU and first full payroll following July 1 as long as they are still employed with the City on the date they are to be paid:

Assistant Water/Wastewater Superintendent
Wastewater Collection Systems Specialist/LEAD
Wastewater Collection Systems Technician I
Wastewater Collection Systems Technician II
Wastewater Collection Systems Technician III
Wastewater Collection Systems Supervisor
Water Crew Supervisor – Production
Water Crew Supervisor – Distribution
Water Service Worker I
Water Service Worker II
Water Service Worker III
Water Service Crew Lead
Water Production Operator I
Water Production Operator II
Water Production Operator III
Water Production Operator Lead
Warehouse Specialist Water/Wastewater

14.5 Y-Rating. When a Unit member is reclassified to a new or existing class with a lower maximum salary rate, he or she may be assigned a “Y-Rate” designation under which the Unit member will remain at his or her current salary. Unit members with “YRatings” will be frozen at their current prevailing pay rate and will not participate in salary range adjustment until salary schedules related to their new assignment exceed the Yrated pay rate. Establishment of a “Y-Rate” salary for a Unit member is an administrative determination and requires the approval of the Unit member’s department head, the Human Resources Director, and the City Manager. The practice is not to be confused with involuntary demotion, salary range adjustments, or other normal personnel procedures including administrative actions that result in bumping rights.

14.6 Salary Survey. The City agreed to fund a salary survey with an approved consultant that was completed in October 2022. The survey included benchmarked positions as follows: Powerline Technician for Electric, Water Service Worker or Pipefitter for Water; Wastewater Systems Technician/Specialist for Wastewater. 357
18 Targeted Equity Adjustments – Implement PSPC 2022 Total Compensation survey recommendations for IBEW Utility classifications, excluding where apprenticeship agreement specifies otherwise.

It was agreed upon that all future salary comparison data shall be gathered from the agencies identified as follows:

ELECTRIC UTILITY
Anaheim
Riverside
Colton
Azusa

WATER UTILITY
Anaheim
Azusa
Colton
Riverside

WASTEWATER UTILITY
Riverside
Redlands
Colton
Ontario
Southern California Edison
Pasadena
Burbank
Eastern Municipal Water
District
East Valley Water District
Redlands
Chino
Coachella Valley
Eastern Municipal Water
District

ARTICLE 15 -OVERTIME, ON-CALL PAY

15.1 Maximum Comp Time Accrual. All work performed by Unit members in excess of forty (40) hours in one (1) week, where such hours are required and approved by management, shall be paid at the rate of two (2) times the employee's regular hourly base rate of pay, unless the premium rate is higher at the rate of one and one half (1.5) times the employee’s regular premium hourly rate of pay. Overtime may be accrued as compensatory time to a maximum of one hundred sixty (160) hours. All overtime worked in excess of one hundred sixty (160) hours shall be paid for in the pay period in which it is earned.

15.1a Irrevocable Compensatory Time Leave Cash-Out. Compensatory time off cap is 160 hours, of which a maximum combined compensatory and vacation time amount of up to eighty (80) hours is eligible for an irrevocable cash-out option of up to twice per calendar year to be paid on the last pay check of May and/or November. Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cash-out. Employees will state the amount of hours to be cashed out for the May and November cash-out in their submitted irrevocable election form. Only CTO already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the CTO in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for CTO accrued in the prior calendar year are not allowed.

Employees may choose to have cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

One cleanup buyout may occur upon Tentative Agreement ratification by IBEW – Local 47 and approval by Council. Irrevocable election for each leave bank to occur by May 358
19 1, 2023, to be paid out in the pay period including June 1, 2023, based on the criteria outlined above.

15.2 Hours Worked. For purposes of overtime calculation, "hours worked" shall include time spent in required court appearances as set forth in Article 17. Hours worked shall also include approved vacation, holiday and compensatory time off. All other hours paid for but not worked, including sick leave shall not be counted as hours worked for overtime calculation.

15.3 Call Out Minimum Compensation.
(a) The City agrees to pay to the Unit member a minimum of two (2) hours pay for any time worked during the first hour when called-out for emergencies, and double time for each hour worked thereafter, unless the premium rate is higher at the rate of time and one half (1½). Call out minimum compensation does not apply to answering phone calls or emails off-site or off-duty, though employees are still entitled to pay for actual time worked in responding to such calls. When a call out exceeds one hour and the employee has returned to the yard, and subsequently receives another call out, the employee shall begin a 2nd call out and not a continuance from the 1st call out (conversely, if the employee has not yet returned to the yard, it is a continuance from the 1st call out).

If in the future the City provides portable internet capable devices, then call out minimum pay will not apply to use of those devices off duty and/or off site to check and/or respond to calls or clear messages and/or alarms, though employees are still entitled to pay for actual time worked responding to such calls.
(b) All certified electrical and water employees (excluding the Electrical Services Worker and Apprentice employees) of this Unit are required to be placed on a Standby List by the Department Head, or his/her designee, on a rotational basis which includes alternating between both Primary and Secondary standby. The employee designated as the Primary is authorized to call the employee designated as the Secondary when the Primary determines that it is necessary to do so for safety or other legitimate reasons. The reason for the call-out of the Secondary employee shall be documented in writing and submitted to the Department Head and attached to the timecard for any callout hours worked by the Secondary on-call person.

15.4 On-Call Pay.

(a) Compensation for all employees placed on-call for a period of one (1) week (defined as one-hundred sixty eight (168) hours less forty (40) hour work week) shall receive additional compensation of sixteen (16) hours at the regular rate of pay.

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20 (b) When a holiday falls during a regularly scheduled on-call period, the employee will receive an additional four (4) hours of pay at the basic rate of pay per City Paid Holiday.

(c) On-call pay shall not be paid for an employee's scheduled work shift.

(d) Employees shall be entitled to receive the pro rata equivalent for any partial week.

(e) On-call assignments shall only be made by the Department Head or his/her authorized representative.

(f) On-call duty shall be served pursuant to a schedule prepared by the Department Head or his/her designee.

(g) Due to the implementation of the Alternative Work Schedule in City's Administrative Policy No. 30, Utility Department’s on-call pay begins and ends eleven (11) a.m. Thursday to Thursday.

15.5 On-Call Status. For purposes of this Article, an employee shall be deemed to be on On-Call status only when all of the following conditions are met:

(a) The appropriate manager has placed the employee in on-call status by a notice in writing and said notice must be attached to the employee's timecard; and

(b) The employee is required to respond to the City yard or other designated location within a specified time not to exceed forty-five (45); and (c) While on-call, the employee is prohibited from engaging in any activity which may interfere with the employee's ability to respond to a call and immediately commence the required job performance.

15.6 Communication Devices. An employee in on-call status may be required to wear a communication device. The requirement to wear a communication device shall not, absent the requirements set forth in section 15.5 constitute the placing of the employee in an on call status.

ARTICLE 16 - TEMPORARY UPGRADE PAY AND PROMOTION PAY

16.1 Temporary Upgrade (Out of Class). Unit members temporarily assigned by management to work in a higher classification, including classifications outside of the Unit for which they are qualified, shall receive compensation equivalent to a step on the higher classification salary range which provides a minimum of five percent (5%) above the employee's current salary or the bottom step of the range of the position to which he/she is temporarily upgraded, whichever is greater. Temporary upgrade pay shall be effective the day the assignment is made. At such time as an employee is no longer 360
21 performing work out of his or her permanent classification, compensation shall be at the regular rate of pay for the permanent classification.

When assigning temporary upgrades, it is the intent of the City that such assignments shall be made in a fair and equitable manner so that all qualified employees are given an opportunity to work such assignments.

16.2 Promotions. Unit members promoted to work in a higher classification shall be placed in the new salary range of the higher classification that pays at least five percent (5%) more than the employee received in the lower classification.

16.3 Limited Assignments. Temporary assignments to perform work out of an employee's permanent classification shall be limited in duration to 960-hours in any twelve (12) month period. A time extension to the temporary assignment beyond the initial 960 hours may be made with the written concurrence of IBEW – Local 47.

ARTICLE 17 - PAY FOR JURY DUTY & COURT APPEARANCES

Any employee summoned for attendance to any court for jury duty during his/her normal working hours shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received by him/her shall be paid into the City treasury. Any employee, who shall be called as a witness arising out of and in the course of his/her City employment, shall be deemed to be on duty and there shall be no loss of salary, but any witness fees received by him/her shall be paid into the City treasury. An employee absent as a witness in a private matter shall not be entitled to be paid during such absence, he/she may, however, use vacation time for such absence.

ARTICLE 18 - SAFETY, EQUIPMENT AND TRAINING

18.1 Safety Equipment. The City will provide employees safety equipment in accordance with California State Law.

18.2 Uniforms. The City shall provide uniforms for employees who are required by the City to wear a uniform.

18.3 Boot/Safety Shoe Allowance. The City shall provide a yearly boot /safety shoe allowance of $300 to each employee who is required, by the nature of his/her work to wear a specific type/style of shoe or boot. An approved shoe/boot is one which meets the minimum standards as determined by the Department Head and approved by the Joint Safety and Training Committee. Departmental standards shall not be less than those which may be required by CAL/OSHA. Employees shall wear approved shoes/boots during working hours where required by work conditions.

18.4 Damaged Property. The City shall reimburse unit employees the reasonable replacement value of personal property destroyed in the course and scope of their employment. The employee shall make application for reimbursement by presenting to 361
22 the Department Head the damaged or destroyed article. Personal property subject to this provision consists of personal property necessary to fulfill the employee's job duties and that is approved in advance for use on the job. Replacement for prescription eyewear is limited to $200 per year. Replacement for watches is limited to $100 per year. Excluded from this definition are items of clothing used by the employee in the exercise of his/her discretion in lieu of City issued uniform apparel. Replacement of items will be secondary to any applicable insurance.

18.5 Inclement Weather. Whenever management decides not to send employees into the field during normal work hours due to inclement weather, those employees shall not suffer any loss of regular pay. When employees are not assigned to the field under this provision, they may be given other duties, assigned to training, or be held to respond to emergency calls.

18.6 Joint Safety and Training Committee. The City hereby agrees to create a Joint Safety and Training Committee. The Committee shall consist of an equal number of members appointed by the City and IBEW – Local 47. The Committee shall be advisory only. The Committee shall meet on a regular basis, but not less than once per quarter.

The City and IBEW – Local 47 may agree to meet more frequently on a regular or special basis. The Committee may review work practices, training, procedures and rules and may recommend changes in the interest of health and safety. The Committee may review all serious accidents, injuries or fatalities, and include recommendations resulting from its review in the Committee's minutes. The Committee will also draft a safety manual for each department.

18.6.1 Reporting. Minutes of all Committee meetings shall be posted on IBEW – Local 47 bulletin boards, with copies to the City Manager, Human Resources Department, and to the Business Manager of IBEW – Local 47, within five (5) working days after the Committee meeting. Specific questions submitted either to the Committees or by the Committees to Management will be responded to within a reasonable time and the answers posted on IBEW – Local 47 bulletin boards.

18.6.2 Discipline. Proceedings of the Committee shall be completely independent of any disciplinary action and the Committee's findings shall not be entered into the record of any such disciplinary proceedings.

ARTICLE 19 - MILEAGE, MEALS AND OTHER REIMBURSEMENT

19.1 Personal Vehicle. Employees shall be reimbursed for use of their own vehicle for authorized City business pursuant to the administrative policies of the City. (Refer to Administrative Policy E-1 for guidelines.) Union has tentatively agreed to an updated citywide vehicle use policy.

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23 19.2 Meal Periods. Employees shall earn meals at fixed intervals during periods of callout overtime, and during an extension of the regular or planned overtime day.

(a) Employees called back within two hours after the end of their shift shall earn one thirty minute paid meal period and one meal period compensation of $16.00.

(b) During call-out overtime, one thirty minute meal period and one meal compensation of $16.00 will be earned for each consecutive four hours of paid overtime completed.

(c) During extension of the regular workday, one paid thirty minute meal period and one meal compensation of $16.00 will be earned after two consecutive hours paid overtime completed; thereafter, meals will be earned after completion of each four consecutive hour intervals as described above.

(d) Employees that work two consecutive hours or more immediately prior to the beginning of a regular shift will earn one thirty minute meal period and one meal compensation of $16.00.

(e) Planned overtime – If planned overtime extends beyond the length of a regular workday, one paid thirty minute meal period and one meal compensation of $16.00 will be earned after two consecutive hours worked beyond the number of hours in employee’s regular schedule completed; thereafter, meals will be earned after completion of each four consecutive hour intervals of planned overtime. For example, employee’s regular schedule in 4/10’s; when planned overtime exceeds 10 hours in one day this section applies.

(f) If “called out” while on planned overtime, Section 19.2(b) goes into effect during the call out.

(g) Paid meal periods will not count as time worked.
(h) It is recognized that employees may not be able to leave an emergency situation and that the final determination of this fact shall be made by the supervisor in charge of the particular activity.

(i) Employees shall receive pay for earned meal periods and meal compensation regardless of whether the meal period or meal is actually utilized. All meal periods will be paid at the applicable overtime rate.

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24 ARTICLE 20 - TUITION REIMBURSEMENT: EDUCATION INCENTIVE

20.1 Qualifications.

(a) Reimbursement under this section shall be made for employee participation in an educational program which provides broad knowledge with respect to a subject, consistent with the requirements of subsection B immediately below. This is distinguished from "training." which relates to education in the performance of a limited task or tasks which the employee is required to perform as part of their current employment.

(b) Maximum reimbursement shall be $4,500 per fiscal year. Tuition actually paid will be reimbursed to all permanent employees for courses and required books related to classes qualified for tuition reimbursement approved by the Department Head and taken in an accredited educational institution provided that:

(i) The subject matter of the course relates to obtaining a degree, including prerequisites, or relates directly to and contributes toward the employee's position with the City.
(ii) The employee has received at least a competent proficiency rating on the last evaluation report.
(iii) The employee has furnished evidence that the course has been completed with at least a 'C' or “pass” grade, verified by Human Resources.

20.2 Reimbursement Requirements.

(a) Requests for reimbursement must be completed and returned to the Human Resources Department with proof of satisfactory completion within thirty (30) days after employee’s receipt of course completion documentation. (No reimbursement will be made without bona fide receipts or documentation.)

(b) Reimbursements will be made only after proof of completion of course with minimum ‘C’ average or “pass” and satisfactory receipts of payment for tuition are approved by the Human Resources Department.

20.3 Hours Worked. The City shall pay represented employees for working hours spent in City required and approved training or conferences. Travel time shall be included as time worked in accordance with FLSA standards. The City shall not pay for the costs incurred to meet minimum job requirements.

20.4 Education Incentive. A one (1) time Education Incentive shall be paid to represented employees upon successful completion of certain educational programs under the following conditions:
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25 (a) $500.00 (five hundred dollars) shall be payable for successful completion of a certificate program requiring 80 hours or more for completion, from an accredited college or university in an area of specialization related to the duties of the position currently held by the employee as previously approved by the Human Resources Department. An additional $500.00 (five hundred dollars) shall be paid if the certificate is in the area of supervision of personnel

(b) $2,000.00 (two thousand dollars) shall payable for successful completion of an AA or AS Degree from an accredited college in an area of specialization related to the duties of the position held by the employee at the time the employee completes the program as previously approved by the Human Resources Department.

(c) $3,000.00 (three thousand dollars) shall be payable for successful completion of a BA or BS Degree from an accredited college or university in any subject after three (3) years of employment with the City. An additional $1,000.00 shall be paid if the degree is in the area of public or business administration, human resources, accounting, information management, or adult education.

(d) $4,000.00 (four thousand dollars) shall be payable for successful completion of a Master’s Degree from an accredited college or university in any subject after three (3) years of employment with the City.

(e) Programs shall be accredited by the California State Board of Education or equivalent authority. The incentive payments shall be otherwise subject to such rules and procedures as established by the City. Receipt of education incentive payments shall not be precluded by the fact that the employee may or may not have obtained tuition reimbursement by the City for all or part of the units required for the certificate or degree.

(f) Education incentive payments shall be made according to the following schedule:

Employees completing certain education programs will receive 100% of the incentive pay with satisfactory proof.

It shall be the employees' sole responsibility to provide all necessary documentation, to obtain prior approval and to make the request for education incentive payment.

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26 ARTICLE 21 - SICK AND BEREAVEMENT LEAVE

21.1 Sick Leave Accrual. Unit members shall accrue three and sixty-nine hundredth (3.69) hours of sick leave per pay period. Sick leave shall accrue up to a cap of four hundred (400) hours. Leave banks can be utilized for time off or for conversions per provisions in the MOU. Employees with remaining "Old Sick Leave" accounts must utilize these hours prior to using their regular sick leave hours.

21.2 Use of Sick Leave. Sick leave shall be granted only where consistent with the City's Sick Leave Policy (currently AP-1). Except as otherwise provided in the Family Medical Leave Act and Pregnancy Leave policies of the City (currently AP-02) not more than one half (1/2) of the employee's annual accrual of sick leave within any calendar year may be granted to an employee for the care or attendance of members of his/her immediate family.

21.3 Irrevocable Sick Leave Cash-Out
Sick leave accrues at 3.69 hours per pay period up to 400 hours cap, of which a maximum amount of up to fifty (50) hours is eligible for an irrevocable cash-out option each calendar year to be paid on the last pay check of November only if: the cash-out does not reduce the employee’s available sick leave bank below one hundred twenty (120) hours. Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cashout. Employees will state the amount of hours to be cashed out for the November cashout in their submitted irrevocable election form. Only sick leave already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the sick leave in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for sick leave accrued in the prior calendar year are not allowed. Employees may choose to have cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

One cleanup buyout may occur upon Tentative Agreement ratification by IBEW – Local 47 and approval by Council. Irrevocable election for each leave bank to occur by May 1, 2023, to be paid out in the pay period including June 1, 2023, based on the criteria outlined above.

Any cash-out may be converted pre-tax to the Unit member’s 457 Deferred Compensation account (subject to IRS maximum contributions provided by law).

21.4 Sick leave upon separation. Upon separation, service retirement or termination, after ten (10) years of continuous City service, the employee shall be eligible to convert to cash an amount equivalent to thirty percent (30%) of all unused sick leave or contribute the entire remaining balance of sick leave to the employee's 457 Deferred Compensation Account (subject to IRS maximum contributions provided by law) or 366
27 City’s Retiree medical Savings Account, if available. Such reimbursement is to be computed based upon the employee's final compensation rate and to be paid within one payroll period of the effective date of separation.

21.5 Sick leave Conversion. After ten (10) years of continuous City service, the employee shall be eligible to irrevocably elect to convert one hundred percent (100%) of unused sick leave minus forty (40) hours to the City's Retiree Medical Savings Plan or to the employee’s 457 Deferred Compensation Account (subject to IRS maximum contributions provided by law). Conversion forms are due no later than November 1st of the tenth year of continuous service. The irrevocable option will be converted the following calendar year in the pay period that includes January 1st.

21.6 Bereavement. Unit members shall be allowed five days of bereavement, thirty (30) hours of which are with pay, for bereavement leave upon the death of a member of their family. For this section, family includes the following persons: spouse, domestic partner, mother, father, brother, sister, child, stepchild, grandchild, or grandparent of the employee or any one of the same relatives of the employee’s spouse or domestic partner. The thirty (30) hours of bereavement shall be allowed for each death of a family member. For the unpaid time between the 30 hours and five days, an employee may use vacation, compensatory time, sick leave, or any other paid leave that would otherwise be available. An employee shall be allowed a maximum of forty (40) hours bereavement leave under this section for multiple family deaths occurring during the same twenty-four (24) hour period.

21.7 Salary Continuation. For any work-related injury, an employee shall have sixteen (16) weeks of Salary Continuation Pay for time off work authorized by the treating physician, including time for scheduled appointments with the treating physician.

21.8 Work Related Injuries. All other aspects of employees work related injuries will be governed by the City Administrative Policy No. RM-03, Return to Work/Temporary Modified/Work Assignment Program.

ARTICLE 22 - VACATION AND HOLIDAY ACCRUALS

22.1 Vacation Leave Accruals. For employees of the City as of date of this MOU, Vacation benefits shall accrue in accordance with the following schedules:

One (1) through four (4) years service
Ten (10) days per year =three and eight one-hundredth (3.08) hours per pay period

Beginning the fifth (5th) year through the 9th year:

Fifteen (15) days per year =four and sixty-two hundredth (4.62) hours per pay period

Beginning the tenth (10th) year & thereafter:
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28 Twenty (20) days per year =six and fifteen one-hundredth (6.15) hours per pay period

22.2 Maximum Vacation Leave Accrual. An employee may accrue vacation leave to a maximum of three-hundred twenty (320) hours. If an employee has accumulated the maximum allowed under this Article, said employee will receive no further vacation leave accruals until said employee uses a portion of his/her vacation leave and his/her vacation leave accruals have been reduced below the maximum. There shall be no retroactive receipt of any vacation leave lost as a result of this Article.

22.2a Irrevocable Vacation Leave Cash-Out. Vacation leave cap is 320 hours, of which a maximum amount of up to eighty (80) hours is eligible for an irrevocable cash-out option each calendar year to be paid on the last pay check of November only if the cashout does not reduce the employee’s available vacation leave bank below eighty (80) hours. Completed irrevocable election forms are due no later than December 31 of the calendar year prior to the calendar year in which the employee receives the cash-out.

Employees will state the amount of hours to be cashed out for the November cash-out in their submitted irrevocable election form. Only vacation leave already accrued in the calendar year for which an election is made may be cashed out. If the employee does not accrue the vacation leave in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Cash-outs for vacation leave accrued in the prior calendar year are not allowed. Employees may choose to have cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

One cleanup buyout may occur upon Tentative Agreement ratification by IBEW – Local 47 and approval by Council. Irrevocable election for each leave bank to occur by May 1, 2023, to be paid out in the pay period including June 1, 2023, based on the criteria outlined above.

22.3 Vacation Leave Approval Required. Vacations shall begin accruing upon employment and may be taken with approval of the Department Head at any time following the completion of six (6) months of employment within the one (1) year probationary period, but the vacation leave taken shall not be in excess of that actually accrued at the time such vacation is taken. Vacations must be approved a minimum of fourteen (14) days in advance of the first day of such vacation. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the City as determined by the Department Head or Division Supervisor.

22.4 Vacation Leave Payment Upon Termination. Any employee who has been in continuous full-time service of the City for a period of six (6) months or more, who is about to terminate his/her employment, and has earned vacation to his credit, shall be paid for such vacation time within one payroll period of the effective date of such termination.

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29 22.5 Vacation Leave Payment In Lieu. No more than once every three (3) years, at the request of the employee and with the approval of the Department Head and the Human Resources Department, in order to meet unusual or emergency conditions, an employee may irrevocably elect to be paid the straight time daily equivalent of forty (40) hours of his/her salary in lieu of vacation time off. Such payment shall be determined by the Human Resources Department. The balance of accrued vacation shall not be allowed to go below forty (40) hours as the result of a payment under this subsection. Buyout forms are due no later than November 1st of the third year. The irrevocable option will be payable the following calendar year in the pay period that includes September 1st.

22.6 Holidays. Holidays for employees covered by this section shall be as follows:

New Year’s Day
Martin Luther King Day
President's Day
Memorial Day
Juneteenth
Fourth of July
Labor Day
Veteran's Day
Thanksgiving
Day after Thanksgiving
Christmas Eve
Christmas
New Year’s Eve
One (1) floating holiday

As indicated in Administrative Policy A-30, Alternative Work Week – A "Holiday bank will be created for each employee to accrue flexible holiday hours. Hours accrued in the bank are subject to a mandatory annual buy-out with the payroll closest to June 1st of each year".

Any buy-out may be converted pre-tax to the Unit member’s 457 Deferred Compensation account (subject to IRS maximum contributions provided by law).

22.7 Holidays Falling on Weekend Days. If the scheduled holiday falls on a Friday (regular day off) or Saturday, it may be observed on a Thursday or accrued to the Holiday leave bank as determined by the holiday schedule posted on the City’s Intranet.

If the holiday falls on a Sunday, the holiday will be taken on the following Monday.

22.8 Flex Schedule. Employees working a flex schedule shall be paid holiday time in accordance with the City's Administrative Policy No. A-30.

22.9 Floating Holiday. The floating holiday set forth in Article 21.6 above, shall be credited as ten (10) hours to each represented employee's account effective with the 369
30 first payroll in each fiscal year. Floating holiday leave balances must be used during the fiscal year or they will be cashed out according to Administrative Policy A-30.

22.10 Added Holidays. If, during the term of this MOU, the City Council recognizes an additional holiday for City employees, said holiday shall be extended to this Unit.

22.11 Holiday Leave. When holiday leave is taken, the employee will be paid at the standard ten (10) hours per day, regardless of the assignment of a ten (10), or twelve (12) hour scheduled workday. When holiday leave is taken, anyone working less than a ten (10) hour workday schedule shall receive leave time as compensation for the difference between their regular work day on the holiday and ten (10) hours. An employee may utilize any accrued leave bank except sick leave to supplement the twelve (12) hour scheduled day.

22.12 Holiday Leave Payment Upon Termination. Any Unit employee, who is about to terminate his/her employment, and has earned Holiday leave to his/her credit, shall be paid for such holiday leave within one payroll period of the effective date of such termination at the employee’s then current rate of pay.

22.13 Promotional Pay Out of Leave. When employees transfer/promotions occur between bargaining groups, the leave hours will be transferred and maintained by the employee, not cashed out.

ARTICLE 23 - MEDICAL AND DENTAL INSURANCE

23.1.1 Pre-January 1, 2024 Benefits.

Effective July 1, 2019, the cafeteria plan contribution will be increased by $50 to $1,400 per month, or $16,800 annually to each Unit member for the cafeteria benefits plan detailed in this section.

(a) Said contribution shall first be used to provide for Health Insurance for employee. Employee shall be covered by Health Insurance with a City approved Health Plan unless the employee provides proof to the City that employee is covered by another acceptable health plan as determined by the Human Resources Department.

(b) The balance may be used for any of the following or any combination thereof:

(i) Health insurance for employee's spouse and/or dependents. (ii) Dental insurance for employee, spouse and/or dependents. (iii) Life insurance for employee, excluding voluntary life insurance. (iv) Deferred compensation program.
(v) Eye care plan for employee, spouse and/or dependents. 370
31 (vi) Supplemental insurance options.

(c) Unit members may elect to receive ninety-two and five-tenths percent (92.5%) of the balance in cash as CalPERS non-includable taxable income, or a portion as cash and a portion to a 457 plan. This election may only occur at time of hire or during open enrollment.

During the term of the MOU, upon written notice by the City, parties agree to reopen this Article and begin meeting and conferring no later than two weeks following such written notice.

23.1.2 Benefits Effective January 1, 2024.

The parties have completed the above re-opener negotiations of this Article. The following is effective January 1, 2024. Accordingly, the above Pre-January 1, 2024 Benefits under 23.1.1 shall no longer be in effect as of January 1, 2024. (a) Health Benefit Contributions and Benefit Money.
i. Healthcare Plan Contributions – Effective January 1, 2024, the City shall contribute for each employee who participates in a City Healthcare Plan a maximum amount up to the 2024 rates for mid-tier HMO Healthcare Plan (Blue Shield Access+), which are stated below.

BS ACCESS+
Single Employee $756.65
2 Party $1,513.30
Family $1,967.29
Beginning January 1, 2025 and annually thereafter on January 1, the maximum annual inflator for the City contribution increase is up to 2.5% above the maximum contribution amount for rates for mid-tier HMO Healthcare Plan (Blue Shield Access+ in 2024) of the prior year. ii. In addition to the healthcare plan contribution, employees participating in the City Healthcare Plan shall receive the following amounts as cafeteria plan Benefit Money.

Single Employee $600
2 Party $250
Family $250
Employees may use the Benefit Money stated above for any combination of the following cafeteria plan benefits: (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Benefit Money is forfeited.
371
32 *Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.

Employees shall be responsible for paying any cost for the employee’s selected cafeteria plan benefits that exceed the City’s contribution described above. (b) Option to Opt-Out with Proof of Alternative Minimum Essential Coverage.

Employees who provide the City with reasonable evidence of alternative minimum essential coverage can decline, in writing, coverage under the City’s Healthcare Plans and will not receive any cafeteria plan contribution from the City.
i. Employees hired before July 1, 2024 may opt out and choose to receive a maximum cash out of $1,000 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits.

Any leftover unused Non-Medical Benefit Money is forfeited. ii. Employees hired after July 1, 2024 may opt out and choose to receive a maximum cash out of $500 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits.

Any leftover unused Non-Medical Benefit Money is forfeited. *Because of requirements related to the 457 plan election, those employees who are currently contributing to their 457 plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.
iii. Eligible Opt Out Arrangement – The eligible opt out arrangement conditions that must be satisfied in order for an employee to receive cash for opting out of the City’s Healthcare Plan coverage are as follows:
372
33 a. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);
b. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt out arrangement applies;
c. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for applicable period. Reasonable evidence may include an attestation by the employee;
d. The employee must provide the evidence/attestation every plan year; e. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and
f. The cash for opting out cannot be made if the City knows or has reason to know that the employee or the employee’s tax family member does not have alternative minimum essential coverage.

23.2 IRS 125 Flexible Spending Plan (Cafeteria Plan). During the term of this MOU, the City shall maintain an Internal Revenue Service (IRS) 125 plan which will allow employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses or both as defined by the IRS.

23.3 Eye Wear Reimbursement. City will also reimburse a maximum combined total annual (per fiscal year) amount of $250 for protective or prescription eye wear for an employee and/or prescription eye wear for all covered (employee/spouse/domestic partner/employee’s dependents).

23.4 Insurance Advisory Committee. The City shall maintain the Benefit Advisory Committee to which IBEW – Local 47 may appoint a representative.

23.4.1 Purpose. The purpose of the Benefit Advisory Committee shall be to advise the City relative to health, life, and related insurance plans which may be provided to employees of the City including the type of plans, scope of coverage, and the selection of insurance carriers.

23.4.2 Voting. The Benefit Committee shall determine issues by a majority vote of the members, each member having one (1) vote.

23.4.3 Selection of Members. Benefit Committee Members shall be selected as follows:

373
34 (a) Representatives of bargaining units shall be selected in a manner to be determined by each respective unit.

(b) The City's Representatives shall be the Human Resources & Risk Manager and the Administrative Services Director.

23.4.4 Meetings. The Benefit Committee shall meet as may be necessary to conduct the business of the committee.

23.4.5 Status. The Benefit Advisory Committee will be advisory only, with no power or prerogative to decide on behalf of the City on issues pertaining to employee insurance coverage.

ARTICLE 24 - RETIREMENT AND MEDICARE

24.1 California Public Employees Retirement System (CalPERS) Formulas. (a) All IBEW – Local 47 represented miscellaneous employees hired prior to December 11, 2012 remain eligible to receive the CalPERS retirement plan known as “two and one-half at fifty-five” retirement (2.5% @ 55) formula for Miscellaneous Employees.

(b) Beginning on or after December 11, 2012, the City implemented the 2% @ 60 retirement formula for miscellaneous new hires with average three years for calculation of final retirement benefit, which after January 1, 2013 shall only apply to new hires defined by CalPERS as “classic members.” (Approved by City Council through side letter December 11, 2012.)

(c) Beginning January 1, 2013, new hires defined by CalPERS as “new members” receive the newly created 2% @ 62 retirement formula with average of three years for calculation of final retirement benefit. (Mandated by the Public Employees’ Pension Reform Act of 2013.)

24.2 CalPERS Member Contributions. All IBEW – Local 47 represented employees shall pay their full member contribution rate to their respective retirement plan with CalPERS. CalPERS will determine the employee member contribution rates for each retirement formula. The City does not provide any Employer Paid Member Contributions for Unit members.

24.3 F.I.C.A. Represented employees shall pay the employee's portion of FICA and the City shall be responsible for payment of the employer's portion.

For information about pensionable compensation, refer to CalPERS, whose current link is at https://www.calpers.ca.gov/page/about/laws-legislation-regulations/publicemployees-pensionreformact#:~:text=In%20addition%2C%20for%20the%202020.in%20the%20Consumer %20Price%20 Index (Public Employees’ Pension Reform Act). 374
35 ARTICLE 25 - MISCELLANEOUS BENEFITS

25.1 Disability Insurance.

(a) Each employee shall pay the cost of membership in the City's long term disability insurance selected by the City. City agrees to offer a short term disability program at the employee’s expense provided that such short term disability program can be offered in conjunction with the City’s existing long term disability insurance and the Short Term Disability waiting period will reduce from 30 days to 7 days. The City will notify IBEW – Local 47 of this option at the City's Annual Benefit Advisory Meeting.

(b) An employee with sick leave accruals available may use their accruals in conjunction with STD/LTD benefits until exhausted. When sick leave is exhausted, an employee may use accumulated vacation leave and may also elect to use compensatory time to extend full pay as long as possible except when exempted by City policy and the Family Medical Policy. An employee is prohibited from receiving more than 100% of salary in combined sick/vacation leave and City's STD/LTD/Paid Family Leave benefits.

Employees who are eligible for the Donated Leave Policy, may not receive more than 100% of salary when combined with STD/LTD/Family Leave Benefits.

25.2 Computer Loan. Every Unit member who has completed the initial probationary period as an employee of the City shall be entitled to participate in an interest free loan program for the purchase of a computer. The maximum amount of any individual loan shall be equal to one (1) month of an employee's salary. The cumulative amount of loans outstanding hereunder shall not exceed $40,000. The loan shall be upon the terms and conditions established by the City.

25.3 Direct Deposit. All employees shall be paid by direct deposit of their payroll check into an account of their choice, except those who either do not hold an account with a financial institution that offers direct deposit or who do not hold any account of any type, and such employees will be required to pay a $10 administration fee per payroll. It shall be the responsibility of the employee to establish and maintain such account.

25.4 Utility Allowance. Any represented employee(s) who reside within the City shall receive $150 per month per employee as a discount against the cost of electric and water service during the period of such residency.
375
36 ARTICLE 26 - IBEW – Local 47 RETIREE MEDICAL FUND

All represented employees agree to pay one percent (1%) of salary into the IBEW – Local #47 Retiree Medical Fund.

ARTICLE 27 - LAYOFFS AND RE-EMPLOYMENT

27.1 Purpose. The purpose of this Article is to provide a fair and equitable basis for the reduction of full-time classified personnel due to insufficient work or funds.

27.2 Reasons For Lay Off. The City retains the right to determine when a lack of work or lack of funds condition exists. Lack of work means that a category of work effort within the City can be fulfilled with fewer employees at an acceptable level of service. Lack of funds means that the City cannot sustain operations at the current level of employment within the funding available.

27.3 Notice Of Lay Off. Any layoff initiated under the provisions of this document can take place at any time during the year. The City shall notify the affected employees in writing at least fourteen (14) calendar days prior to the employee’s last day of work. The City reserves the right to pay the employee for such fourteen (14) day period or any remaining portion thereof, and to require the employee to immediately vacate City property. A copy of any notice will be forwarded to IBEW – Local 47. Any notice of layoff shall specify the reason for the lay off and effective date. The form and timing of such notice shall be subject to the established Grievance Procedure provided, however, that the City's decision to lay off is not subject to the grievance procedure. The date of layoff shall not be delayed by the pendency of a grievance.

27.4 Order Of Lay Off. The classifications of employees to be affected by any layoff shall be as determined by the City in its sole discretion. The order of layoff shall be based upon continuous seniority within the affected classification, except as provided in Section 27.4(a). With respect to the classifications which have been retitled by the City, "continuous seniority within the affected classification" shall not be limited to time in the newly titled classification but shall mean all current continuous time in full-time permanent employment with the City in whatever classification.

(a) Critical Position Function. There are various job functions set forth in the position description for each classification. Certain of these functions may be determined by the City Manager to be vital to the ongoing operations of the City. By way of further definition, a function is "critical" if the City Manager, in the exercise of his/her sole discretion, determines that the City cannot best provide necessary services with the reduced work force without employees capable of performing the "critical" function. A senior employee may be selected for layoff over a more junior employee if the junior employee has demonstrated the ability to perform these critical position functions and the more senior employee has not. No person shall 376
37 be deprived of the opportunity to develop his/her skills in a critical position function.

(b) For purposes of this section, "critical position function" shall be based on the skills necessary to perform the function and not on the performance of specific tasks performed by the incumbent in any position. "Skill" refers to the basic knowledge and ability necessary to perform a job function e.g. typing, welding, accounting or any recognized subcategory of such function, e.g. pipe welding, welding specialized metals, etc., or cost accounting vs. general accounting. "Tasks" refers to the elements of a position within a department e.g., typing form-A.

27.5 Reduction Of Class. The establishment of a Class Series List was established as indicated on the attached Attachment “C”.

(a) Any employee who has been given a written notice of layoff may choose to be reduced in classification and compensation, to a classification in which the employee has previously established seniority while in the employ of the City, if the employee has greater continuous seniority with the City than at least one (1) person in the lower classification.

(b) Seniority for purposes of layoff shall be determined by the total continuous time served by an employee in his/her current position in addition to any time served by the employee in a position in the same job series with a pay range equal to or higher than the employee's current position. If an employee leaves the service of the City for any period of time the employee's prior service shall
not be considered as service for the purpose of calculating the employee's seniority for any purpose.

(c) Alternatively, and exclusive of an election under the previous paragraph

27.5(a), an employee may choose to be reduced in classification and compensation to an existing position in a class series, if the employee has greater continuous length of service with the City than the incumbent in the lower classification in the class series. Class series is defined as a vertical succession of positions that encompass the same general set of job duties that increase in complexity and responsibility as one moves upward through the class series.

(d) Relative class standing for subparagraphs (a) and (b) shall be as determined by the salary ranges for the classifications under consideration. The classification with the highest compensated step in the salary range shall be the higher classification

(e) Anything contained herein to the contrary notwithstanding, any employee may choose to be reduced in an entry level position if the employee meets 377
38 the minimum qualifications for the position and has more seniority with the City than an incumbent in the position. For purposes of this subsection, an "entry level position" is a position requiring no prior experience.

27.6 Equal Seniority. If two (2) or more employees subject to lay off have equal class seniority, then the determination as to who has seniority shall be based upon total length of uninterrupted service with the City. If both employees were hired on same day, the employee with the lower City Employee number assigned on the date of hire shall be considered to have seniority.

27.7 Reemployment Rights. Laid off employees will be eligible for reemployment up to eighteen (18) months from date of layoff notice.

ARTICLE 28 - GRIEVANCE PROCEDURE

28.1 Items Subject To Grievance Procedure. Any permanent employee in the competitive service who has a grievance based upon his/her demotion, dismissal, reduction in pay, violation of the personnel ordinance, salary resolution or this MOU, or violation of commonly accepted safety practices not resolved by the Safety Committee, shall be entitled to have the matter reviewed through the following grievance procedure outlined in this
Article.

28.2 Informal Step. An attempt shall be made to ascertain all facts and adjust such grievance on an informal basis between the employee and, if he desires, his/her steward, and the immediate supervisor. Presentation of such grievance shall be made within fourteen (14) calendar days of the incident causing the grievance, or the date on which the employee first became aware of it.

28.3 Step One. If the grievance is not adjusted to the satisfaction of the employee within fourteen (14) calendar days after presentation of the grievance to the immediate supervisor, then the grievance shall be submitted in writing by the employee or his/her steward to the Department Head, within the next fourteen (14) calendar days. The Department Head and a representative of the Human Resource Department shall meet with the employee, his/her steward or both within fourteen (14) calendar days of receipt of such written grievance and the Department Head shall deliver his decision in writing to the employee, along with his reasons for such decision, within fourteen (14) calendar days after the meeting.

28.4 Step Two. If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 28.2 and 28.3 above, then the employee or his/her steward may submit the grievance, in writing, to the City Manager, within fourteen (14) calendar days after the completion of the last step under paragraph 28.3 above.

The City Manager shall meet with the employee, and his/her steward, if applicable, within fourteen (14) calendar days of receipt of such written grievance, and shall deliver 378
39 his decision in writing, to the employee, along with the reasons for such decision, within fourteen (14) calendar days after the meeting.

28.5 Step Three. If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 28.2, 28.3 and 28.4 above, the employee or his/her representative may submit written notice to the City Manager within fourteen (14) calendar days after the completion of the last step under paragraph 28.4 above of his/her intent to submit the matter to arbitration. In matters of interpretation of this MOU, IBEW – Local 47 shall have the exclusive authority to determine whether a grievance shall be taken to arbitration. In disciplinary cases where IBEW – Local 47 may be required to pay for any part of the cost of such arbitration, IBEW – Local 47 may elect to proceed to arbitration. If IBEW – Local 47 does not elect to do so, then the employee may elect arbitration in disciplinary case and the City shall pay all expenses. The procedures set forth below shall be followed for arbitrations.

(a) Within seven (7) calendar days of receipt of the written notice, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service or any other mutually agreeable mediation service.

(b) Within fourteen (14) calendar days of receipt of the list of arbitrators the City and IBEW – Local 47 (or the employee if not represented by IBEW – Local 47 in a discipline case) shall attempt to reach an agreement on an arbitrator. Failing to agree on an arbitrator, the parties shall take turns striking the names or arbitrators from the FMCS list until one (1) name remains. IBEW – Local 47 (or the employee if not represented by IBEW – Local 47 in a discipline case) shall strike the first name.

(c) The parties shall contact the arbitrator to arrange for a mutually convenient time and date for the arbitration hearing.
(d) The cost of the arbitrator shall be split equally by the City and the Union save that if the grievance arises from the administration of discipline, the City shall bear the cost.

28.7 Step Four. Within fourteen (14) calendar days after the parties receive the arbitrator's recommendation, the opinion of the arbitrator will be final on matters relating to the interpretation or administration of this MOU. Arbitration on discipline is advisory only. If a decision relates to discipline, within fourteen (14) calendar days after the parties receive the arbitrator's recommendation, the City Manager shall advise the parties whether the City Manager is accepting, rejecting, or modifying the recommended decision. The decision of the City Manager shall be the final decision of the City.

28.8. Change of Time Limits. The above time limits may be changed by mutual agreement.

28.9 Mutual Agreement For Additional Mediation/Arbitration. Upon mutual agreement of the parties, a grievance may be submitted to a representative of a mutually agreeable arbitration service for mediation and/or arbitration. Unless agreed otherwise by the 379
40 parties in writing, the role of the arbitrator shall be advisory only and it shall have no power or authority to impose a result or resolution upon any of the parties.

ARTICLE 29 – ADMINISTRATIVE LEAVE

29.1 Administrative Leave Provision. Employees will be granted paid time off based on their regular work schedule. Employee will be compensated for holidays while they are on paid administrative leave.

ARTICLE 30 - SEVERABILITY CLAUSE

30.1 Severability Clause. If any of the provisions contained in this MOU are determined to be unlawful, then only such provision(s) shall be deleted from this MOU with the remainder of this MOU remaining in full force and effect. Upon the issuance of a decision by a Court of Competent Jurisdiction declaring any section of this MOU be unlawful, unenforceable, unconstitutional, or not applicable, the parties agree to meet and confer as soon as possible concerning only those sections.

ARTICLE 31 - COMPLETE AGREEMENT

31.1 Entire Agreement: This MOU is the entire agreement between the parties, terminating all prior agreements, whether written or oral, arrangements and practices, and, except as otherwise provided herein, shall conclude all meetings and conferences during the term of this MOU.

31.2 Items not covered: All terms and conditions of employment not covered by this MOU shall continue to be subject to the City's direction and control.

ARTICLE 32 - POSTING JOB VACANCIES

32.1 City agrees to post on City's website and IBEW – Local 47 bulletin boards all vacant positions in the Unit.

ARTICLE 33 - RE-OPENERS

33.1 During the term of this MOU, unless otherwise provided, the parties shall not meet and confer with respect to any subject or matter whether or not referred to in this MOU, unless mutually agreed to otherwise.

ARTICLE 34 – RATIFICATION AND EXECUTION

This MOU has been developed as a result of meet and confer sessions between authorized representatives of the City and IBEW – Local 47 regarding issues related to wages, hours and other terms and conditions of employment. The City’s representative and IBEW – Local 47 have reached an understanding as to certain recommendations to be made to the City Council for the City of Banning and have agreed that the parties 380
41 hereto will jointly urge said Council to adopt a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. The parties hereto acknowledge that this MOU shall not be in full force and effect until adoption by the Banning City Council.

In witness whereof, the parties have caused their signatures to be affixed this ___th day of ______ 2024.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – LOCAL 47

UTILITY UNIT REPRESENTATIVES
Date: ______________, 20___
By:

Colin Lavin, Business Manager Ben Coffey, Employee Representative

Stan Stosel, Sr. Assistant Business Manager Caleb Naasz, Employee Representative

John Baca, Assistant Business Manager Davin McClune, Employee Representative

CITY OF BANNING REPRESENTATIVES
Date: _________________, 20___
By:

Doug Schulze, City Manager Art Vela, Public Works Director

Nicole Jews, Human Resources Manager Lincoln Bogard, Administrative Services Director

Attest:

By: _________________________
City Clerk
381

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-87, a Resolution of the City Council of the City of Banning, California, Setting Aside and Vacating its Previous Approval of Tentative Parcel Map No. 38164, Approval of Design Review 21-7008 and Denial of the Appeal of the Planning Commission’s Approval of Design Review 21-7008, and Adoption of an Addendum, All in Connection with the Banning Point Project, Doing so in Compliance with the Peremptory Writ of Mandate that Requires the City Council to Set Aside and Vacate those Decisions, and Rescinding City Council Resolution 2022-14
RECOMMENDATION:

Adopt Resolution 2024-87.

BACKGROUND:

The City Council adopted Resolution 2022-14 on February 17, 2022, which (1) approved Tentative Parcel Map No. 38164, allowing the subdivision of approximately 47 gross acres of vacant land into three parcels; (2) affirmed the Planning Commission’s approval of Design Review 21-7008 and denied an appeal of that decision and permitted the construction of a proposed industrial warehouse building of 619,959 square feet (the “Banning Point Project”), including 10,000 square feet of office space, and six retail/commercial buildings totaling 34,000 square feet, on real property located within the boundaries of the Sun Lakes Village North Specific Plan area (APN: 419-140-057); and (3) adopted an addendum under the California Environmental Quality Act (“CEQA”) and made findings in support thereof, including finding of consistency with the certified Environmental Impact Report prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074).

On April 18, 2022, a lawsuit (Petition for Writ of Mandate and Complaint for Injunctive Relief) (“Writ Petition”) entitled Pass Action Group v. City of Banning, et al. (Riverside County Superior Court Case No.

CVRI2201482) was filed, challenging the City Council’s approval of the Banning Point Project by adoption of Resolution 2022-14 and generally asserting the following four claims:

1. The City violated Pass Action Group’s right to a fair hearing because of bias on the part of former Councilmember Hamlin and Councilmembers Sanchez and Wallace;

2. The City violated CEQA by failing to consider whether the Project’s cumulative environmental impacts necessitated further environmental review;

3. The City’s findings in support of the project’s approval were contrary to law and unsupported by substantial evidence; and

4. The Banning Point Project conflicts with the City’s General Plan. 382
On March 15, 2024, the Court issued a Ruling Peremptory Writ of Mandate (“Writ”) granting the Writ Petition, in part, only due to Councilmember Hamlin’s bias, and denying the Writ Petition on all other grounds summarized in bullet points 1-4 above.

On April 3, 2024, the Court entered Judgment ordering, in relevant part, that a Writ shall issue (1) ordering the City to set aside and vacate all approvals of the Banning Point Project in which Councilmember Hamlin participated, including Resolution 2022-14, Tentative Parcel Map No. 38164, Design Review 21-7008, and the Addendum and related CEQA findings for the Banning Point Project within 90 days, and (2) instructing the City that any future hearing reconsidering approval of the Banning Point Project must be conducted without the participation of former Councilmember Hamlin. The Writ issued and was served on the City on May 7, 2024.

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (“CEQA”) and has determined that a resolution adopted to comply with a court order is not a “project” as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA and no environmental review is necessary.

JUSTIFICATION:

Resolution 2024-87 demonstrates the City’s compliance with the Writ by formally setting aside and vacating the City Council’s previous approval of Tentative Tract Map No. 38164, approval of Design Review 21-7008 and denial of the appeal of the Planning Commission’s approval of Design Review 21- 7008, and adoption of an addendum, all in connection with the Banning Point Project, and rescinding City Council Resolution 2022-14, as directed by the Court.

FISCAL IMPACT:

There is no fiscal impact related to the City Council’s adoption of Resolution 2024-87.

ALTERNATIVES:

1. Adopt Resolution 2024-87.

2. Do not adopt Resolution 2024-87 and do not comply with the Judgment and Writ.

ATTACHMENTS:

1. Resolution 2024-87, DR 21-7008 Reversal.docx
383
Resolution 2024-78

RESOLUTION 2024-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

SETTING ASIDE AND VACATING ITS PREVIOUS APPROVAL OF TENTATIVE PARCEL MAP NO. 38164, APPROVAL OF DESIGN REVIEW 21-7008 AND DENIAL OF THE APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW 21-7008, AND

ADOPTION OF AN ADDENDUM, ALL IN CONNECTION WITH THE BANNING POINT

PROJECT, DOING SO IN COMPLIANCE WITH THE PEREMPTORY WRIT OF MANDATE

THAT REQUIRES THE CITY COUNCIL TO SET ASIDE AND VACATE THOSE DECISIONS, AND RESCINDING CITY COUNCIL RESOLUTION 2022-14
WHEREAS, the City Council adopted Resolution 2022-14, which (1) approved Tentative Parcel Map No. 38164, allowing the subdivision of approximately 47 gross acres of vacant land into three parcels; (2) affirmed the Planning Commission’s approval of Design Review 21-7008 and denied an appeal of that decision and permitted the construction of a proposed industrial warehouse building of 619,959 square feet (the “Banning Point Project”), including 10,000 square feet of office space, and six retail/commercial buildings totaling 34,000 square feet, on real property located within the boundaries of the Sun Lakes Village North Specific Plan Amendment No. 5 (APN: 419-140-057); and (3) adopted an addendum under the California Environmental Quality Act (CEQA) and made findings in support thereof, including finding of consistency with the certified Environmental Impact Report prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074); and
WHEREAS, on April 18, 2022, a lawsuit (Petition for Writ of Mandate and Complaint for Injunctive Relief) (“Writ Petition”) entitled Pass Action Group v. City of Banning, et al. (Riverside County Superior Court Case No. CVRI2201482) was filed, challenging the City Council’s approval of the Banning Point Project by adoption of Resolution 2022-14 and generally asserting the following four claims: (1) the City violated Pass Action Group’s right to a fair hearing because of bias on the part of former Councilmember Hamlin and Councilmembers Sanchez and Wallace; (2) the City violated CEQA by failing to consider whether the Project’s cumulative environmental impacts necessitated further environmental review; (3) the City’s findings in support of the project’s approval were contrary to law and unsupported by substantial evidence; and (4) the Banning Point Project conflicts with the City’s General Plan; and WHEREAS, on March 15, 2024, the Court issued a Ruling granting the Writ Petition, in part, only due to Councilmember Hamlin’s bias, and denying the Writ Petition on all other grounds; and
WHEREAS, on April 3, 2024, the Court entered Judgment ordering, in relevant part, that a Writ shall issue (1) ordering the City to set aside and vacate all approvals of the Banning Point Project in which Councilmember Hamlin participated, including Resolution 2022-14, Tentative Parcel Map No. 38164, Design Review 21-7008, and the Addendum and related CEQA findings for the Banning Point Project within 90 days, and (2) instructing the City that any future hearing reconsidering approval of the Banning Point Project must be conducted without the participation of former Councilmember Hamlin; and
WHEREAS, the Writ issued and was served on the City on May 7, 2024; and WHEREAS, it is the purpose of this Resolution to demonstrate the City’s compliance with the Writ by formally setting aside and vacating the approvals of the Banning Point Project as 384
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directed by the Court in Paragraph 2.a. of the Judgment and Paragraph 1 of the Writ by rescinding Resolution No. 2022-14.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council hereby sets aside and vacates its previous approval of Tentative Parcel Map 38164, approval of Design Review 21-7008 and denial of the appeal of the Planning Commission’s approval of Design Review 21-7008, and adoption of an addendum, all in connection with the Banning Point Project, and rescinds City Council Resolution 2022-14.

SECTION 2. The City Council directs the City Attorney to file with the Court a Return to Writ which shall include a copy of this Resolution.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 11th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
385
Resolution 2024-78

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-87, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
386

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin, Senior Civil Engineer
Art Vela, Director of Public Works
MEETING DATE: June 11, 2024
SUBJECT: Consideration of Resolution 2024-89, Awarding a Construction Agreement for Project No. 2024-01, “Citywide Street Overlay” to Vance Corporation of Beaumont, CA in the Amount of $1,308,987.71 and Establishing a Total Project Budget of $1,439,886.48 and Rejecting All Other Bids
RECOMMENDATION:

Adopt Resolution 2024-89.

BACKGROUND:

Measure A
Voters in Riverside County approved Measure “A” in 1988, which authorized the Riverside County Transportation Commission to impose an additional one-half percent (0.5%) sales tax for the next 20 years to be used for improvements of state highways, public transit systems, and local streets. In 2002, voters in Riverside County approved a 30-year extension of the one-half percent sales tax for transportation improvements.

Annually, each City in Riverside County is required to submit a Five Year CIP, as approved by its governing board, to indicate how Measure “A” funding is to be utilized over the next five years. The list of streets to be improved as part of the Project are consistence with the approved Five Year CIP adopted by City Council.

Senate Bill 1
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide.

Each city must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. A list of the proposed projects was approved by the City Council on June 13, 2023.

The approved list of projects is part of Project No. 2024-01, “Citywide Street Overlay” (“Project”).

Project
Public Works staff prepared plans and specifications for Project No. 2024-01, “Citywide Street Overlay” (“Project”) which includes the following items: grinding of existing asphalt concrete (AC) pavement; constructing new AC pavement; crack sealing of existing AC pavement; remove and replace broken sidewalks, curb and gutters; remove and replace access ramps to comply with ADA requirements; and 387
remove and replace all affected pavement markings and striping. A list of streets for the various improvements can be found attached hereto.

A Notice Inviting to Bid and the Bid Documents for the Project were posted and advertised on the City’s electronic bidding system, “OpenGov Procurement” on April 5, 2024. In response to these efforts, six (6) bids were received on May 13, 2024 from the following contractors:

Companies Bid Amount
1) Vance Corporation of Beaumont, CA $1,308,987.71
2) Onyx Paving Company, Inc. of Anaheim, CA $1,313,000.00 3) Matich Corporation of San Bernardino, CA $1,332,261.00 4) Hardy & Harper, Inc. of Lake Forest, CA $1,640,000.00 5) All American Asphalt of Corona, CA $1,720,109.70
6) Prestige Paving Company of La Mirada, CA $1,846,845.00 The apparent lowest bidder is Vance Corporation of Beaumont, California.

Purchasing staff has conducted reference checks on Vance Corporation and found that the company was responsive and responsible on their contracts with other agencies. Public Works staff has also worked with Vance Corporation in the past and was satisfied with their work. As a result, staff recommends that a Construction Agreement be awarded to the lowest responsive and responsible bidder, Vance Corporation of Beaumont, California, in the amount of $1,308,987.71. A copy of the bid schedule for the lowest bid can be found attached hereto.

If awarded, staff anticipates the work to commence in the July, 2024 and to be completed within sixty (60) working days or approximately three (3) months from the issuance of a Notice to Proceed.

JUSTIFICATION:

The Project will assist in maintaining the City’s street network in good working order.

Vance Corporation is the lowest responsive and responsible bidder to construct Project No. 2024-01, “Citywide Street Overlay”.

FISCAL IMPACT:

The Construction Agreement with Vance Corporation is for an amount of $1,308,987.71 with a 10% contingency of $130,898.77 for a total project budget amount of $1,439,886.48.

The project is budgeted and shall be funded by the following sources:

Account No. Amount
101-4900-431.93-16 (Street Improvements – Measure “A”) $676,886.48 102-4904-431.93-15 (Street Improvements – SB1) $763,000.00 ALTERNATIVES:

1. Approves as recommended.

2. Reject Resolution No. 2024-89 and provide directions to staff.

ATTACHMENTS:

1. Resolution 2024-89, Citywide Street Overlay Project Contract.docx

2. Exhibit A - Contract C01039 Vance Corp for City Wide Street Overlay.docx

3. Vance Corporation Bid Results.pdf

4. Map and List of Street Improvements.pdf
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Resolution 2024-89

RESOLUTION 2024-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION AGREEMENT FOR PROJECT NO. 2024-01, “CITYWIDE STREET OVERLAY” TO VANCE CORPORATION OF BEAUMONT, CA IN THE AMOUNT OF $1,308,987.71 AND ESTABLISHING A TOTAL PROJECT BUDGET OF $1,439,886.48 WHEREAS, voters in Riverside County approved Measure “A” in 1988, which authorized the Riverside County Transportation Commission to impose an additional one-half percent (0.5%) sales tax for the next 20 years to be used for improvements of state highways, public transit systems, and local streets; and
WHEREAS, in 2002, voters in Riverside County approved a 30-year extension of the onehalf percent sales tax for transportation improvements; and WHEREAS, on April 11, 2023, City Council approved Resolution No. 2023-61 approving the Measure “A” Five Year Capital Improvement Plan; and WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 requires Cities to include a list of projects proposed to be funded from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1, in the City budget.

On June 13, 2023, City Council approved Resolution No. 2023-103, approving a list of projects to be funded by SB 1; and
WHEREAS, Public Works staff prepared plans and specifications for the scope of work for Project 2024-01, “Citywide Street Overlay” which included the following items: grinding of existing asphalt concrete (AC) pavement; constructing new AC; crack sealing of existing AC pavement; removal and replacement of broken sidewalks and curb and gutters; removal and replacement of access ramps to comply with ADA requirements; repair of potholes on various streets; and removal and replacement of all affected pavement markings and striping; and WHEREAS, bid documents for Project No. 2024-01, “Citywide Street Overlay” were posted on the City’s electronic bidding system, “OpenGov Procurement” on April 5, 2024, and as a result six (6) bids were received; and
WHEREAS, staff recommends that a Construction Agreement be awarded to Vance Corporation, the apparent lowest bidder, in the amount of $1,308,987.71 and requests that a 10% contingency of $130,898.77 be added for a total project budget amount of $1,439,886.48; and WHEREAS, the project shall be funded by Account No. 101-4900-431.93-16 (Measure A) in the amount of $676,886.48 and Account No. 102-4904-431.93-15 (SB 1) in the amount $763,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Banning City Councils hereby approves the Construction Agreement for Project No. 2024-01, “Citywide Street Overlay” to Vance Corporation of Beaumont, CA in the amount of 389
Resolution 2024-89