Bell City Council
September 13, 2023

Agenda

Regular Meeting of the

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority

Wednesday, September 13, 2023

6:00 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION

BELL COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201

Fidencio J. Gallardo
Mayor

Ana Maria Quintana Monica Arroyo
Vice-Mayor Council Member

Alicia Romero Ali Saleh Council Member Council Member

Welcome to the City Council Meeting

The Bell City Council and staff welcome y ou. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the month at 7:00 p.m., Bell Community Center, 6250 Pi ne Avenue. For more information, you may call City Hall during regular bus iness hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization

There are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the Cit y of Bell. City C ouncil members are like you, concerned residents of the comm unity who provide guidance in the operation of your City.

Addressing the City Council

If you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Pl ease submit the completed card to the City Clerk prior to the meet ing. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card . At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.

Compliance with Americans with Disabilities Act

The City of Bell, in comp lying with the Americans wit h Disabilities Act (ADA), request individuals who require special a ccommodation(s) to access, attend, and or participate in a City meeting due to di sability. Please contact the City Clerk’s Office, (323) 588-6211, Ext. 2615, at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Membe
rs of the Bell City Council

Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Se ction 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.

Meeting of the
Bell City Council and Related Agencies
September 13, 2023

REGULAR JOINT MEETING OF THE

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority

September 13, 2023

6:00 P.M. Closed Session Meeting
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana, and Gallardo

Communications from the Public on Closed Session Items

This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

Closed Session

The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:

a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5390 Rickenbacker Road, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney)
Negotiating parties: To be Determined

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in-person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor calls you to approach the podium. Please clearly state your name and address and proceed to make your comments.

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, September 13, 2023.

Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101

Meeting of the
Bell City Council and Related Agencies
September 13, 2023
Reconvene Regular City Council Meeting

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana and Gallardo

Pledge of Allegiance

City Attorney Report

The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

Presentations and Recognitions

a. Certificates of Recognition to Bell Backpack Giveaway Sponsors

Communications from the Public

This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)

Mayor and City Council Communications

Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

City Manager Report

In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

Public Hearing(s)

The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.

1. Zone Text Amendment (ZTA 2023-03) - Consideration of an Ordinance of the City of Bell, amending Title 17 (Zoning), Chapter 17.84.070 (Authority) of the Bell Municipal Code (BMC), relating to allowing additional flexibility in sign regulations pertaining to master sign programs. (Council)

Recommendation: It is recommended that the City Council:

1. Determine that the proposed text amendment is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated there under (14 California

Meeting of the
Bell City Council and Related Agencies
September 13, 2023
Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required. Therefore, in accordance with CEQA, the proposed text amendment is exempt from CEQA pursuant to Section 15061(b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment; and

2. Read by title only, waive further reading and Introduce Ordinance No. 1282 titled:

AN ORDINANCE OF THE CITY OF BELL, AMENDING
SECTION 17.84.070 (AUTHORITY) OF TITLE 17 (ZONING) OF

THE BELL MUNICIPAL CODE (BMC), RELATING TO

ALLOWING ADDITIONAL FLEXIBILITY IN SIGN
REGULATIONS PERTAINING TO MASTER SIGN PROGRAMS.

Business Session

2. Consideration of a Resolution Accepting, Approving and Adopting the Memorandum of Understanding between the City of Bell and the Bell City Employees Association for the period of July 1, 2022 through June 30, 2024. (Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution No. 2023-65 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, ACCEPTING, APPROVING AND ADOPTING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF BELL AND THE BELL CITY EMPLOYEES' ASSOCIATION
FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30,
2024”

3. Consideration of approving the creation of the Deputy Director of Community Services and reclassifying the Contracts and Facilities Manager to Assistant to the City Manager, and approving a Resolution declaring certain employee classifications as excluded from the Civil Service System and identifying employee classifications and compensation levels. (City Council)

Recommendation: It is recommended that the City Council:

1. Read by title only, waive further reading, and adopt Resolution 2023-66 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, CALIFORNIA APPROVING AND AUTHORIZING THE

CREATION OF THE CLASSIFICATION OF DEPUTY DIRECTOR

OF COMMUNITY SERVICES AND RECLASSIFICATION OF THE

CONTRACTS AND FACILITIES MANAGER TO ASSISTANT TO
THE CITY MANAGER”

Meeting of the
Bell City Council and Related Agencies
September 13, 2023

2. Read by title only, waive further reading, and adopt Resolution 2023-67 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, CALIFORNIA, DECLARING CERTAIN EMPLOYEE

CLASSIFICATIONS AS EXCLUDED FROM THE CIVIL SERVICE

SYSTEM, DESIGNATING SUCH CLASSIFICATIONS TO BE

UNREPRESENTED AND AT-WILL, PURSUANT TO MUNICIPAL
CODE SECTION 2.84.030 (B) AND RESCINDING RESOLUTION
NO. 2022-75.”

3. Read by title only, waive further reading and adopt Resolution 2023-68 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, IDENTIFYING EMPLOYEE CLASSIFICATIONS,

COMPENSATION LEVELS, AND PAY RANGES, AND
RESCINDING AND REPLACING RESOLUTION NO. 2023-48”

4. Gage Avenue Bridge Improvement Project – Approve Amendment No. 1 to Metro Funding Agreement. (City Council)

Recommendation: It is recommended that the City Council approve the amendment to the Funding Agreement between the City of Bell and the Los Angeles County Metropolitan Authority for the Gage Avenue Bridge Improvements Project entitled, “Amendment No. 1 to Measure R Funding Agreement Between the City of Bell and the Los Angeles County Metropolitan Transportation Authority.”

5. Citywide Flashing Stop Sign Material Procurement - Award. (City Council)

Recommendation: It is recommended that the City Council:

1. Award a procurement contract in the amount of $52,643.58 to Wisecom Technologies Inc. for the Citywide Flashing Stop Sign Material Procurement Project; and

2. Authorize the City Manager and Interim Public Works Director to execute change orders to the project in a total amount not to exceed $5,264.36 (ten percent of the bid amount) for any additional quantity.

Consent Calendar

The following Consent Calendar items are expected to be routine and non-controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

Recommendation: Approve agenda items 6 & 7.

6. It is recommended that the City Council reject all bids for the CDBG Consultant and Program Implementation and Administration Assistance Services submitted on August 23, 2023.

7. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and

Meeting of the
Bell City Council and Related Agencies
September 13, 2023
Community Housing Authority Warrants dated September 13, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

Pending Items – None

Next Regular Meeting, Wednesday, September 27, 2023

I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted September 9, 2023 at least seventy-two (72) hours prior to the meeting as required by law.

________________________________
Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

September 13, 2023

6:00 P.M. Closed Session
7:00 P.M. Regular Session

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a

AGENDA & INDEX 1-8

PUBLIC HEARINGS 1 9-20

BUSINESS SESSION 2 21-60
3 6 1 - 9 4
4 9 5 - 1 1 0
5 111-113

CONSENT CALENDAR 6 114
7 115-204

City of Bell
Agenda Report
DATE: September 13, 2023
TO:

FROM:

Honorable Mayor and Members of the City Council
Manuel Acosta, Community Development Director

PREPARED
BY: Rodrigo P

APPROVED
BY:

SUBJECT: Zone Text Amendment (ZTA 2023-03) - Consideration of an Ordinance of the City of Bell, amending Title 17 (Zoning), Chapter 17.84.070 (Authority) of the Bell Municipal Code (BMC), relating to allowing additional flexibility in sign regulations pertaining to master sign programs.

RECOMMENDATION:

It is recommended that the City Council:

1. Determine that the proposed text amendment is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated there under (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required. Therefore, in accordance with CEQA, the proposed text amendment is exempt from CEQA pursuant to Section 15061 (b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment; and

2. Read by title only, waive further reading and Introduce Ordinance No. 1282 titled:

AN ORDINANCE OF THE CITY OF BELL, AMENDING
SECTION 17.84.070 (AUTHORITY) OF TITLE 17 (ZONING) OF

THE BELL MUNICIPAL CODE (BMC), RELATING TO

ALLOWING ADDITIONAL FLEXIBILITY IN SIGN

REGULATIONS PERTAINING TO MASTER SIGN
PROGRAMS.

BACKGROUND:

Over time, technological advancements and changing advertising and branding trends have led

of 3
AGENDA ITEM 1

PC Resolution No. 2023-03
RESOLUTION NO. 2023-03PC

A RESOLUTION OF THE CITY OF BELL PLANNING

COMMISSION RECOMMENDING CITY COUNCIL APPROVAL
OF ZONE TEXT AMENDMENT (ZTA) NO. 2023-03 TO ADOPT
AN ORDINANCE AMENDING CHAPTER 17.84.070
(AUTHORITY) OF TITLE 17 (ZONING) OF THE BELL

MUNICIPAL CODE (BMC), RELATING TO ALLOWING

ADDITIONAL FLEXIBILITY IN SIGN REGULATIONS

PERTAINING TO MASTER SIGN PROGRAMS

WHEREAS, the current Zoning Code lacks specific provisions to ensure visual coherence and aesthetics in the context of commercial signage. Modifying the requirements for approval of master sign programs will allow the City to incorporate guidelines and standards that promote high-quality design, harmonious integration with the surrounding environment, and a visually appealing streetscape. This will contribute to a sense of place, improve the overall attractiveness of the community, and foster a positive image for residents and visitors alike; and

WHEREAS, over time, advancements in technology and changing trends in advertising and branding have led to the emergence of innovative signage options. Updating the criteria for approval of master sign programs will enable the Zoning ordinance to reflect and accommodate these evolving signage practices; and

WHEREAS, effective signage is crucial for businesses to attract customers, promote their products or services, and contribute to economic growth. By amending the Zoning Code, the master sign program criteria can facilitate the use of modern signage techniques that will help businesses thrive, encourage investment, and enhance the economic vitality of the community; and

WHEREAS, the Ordinance will allow for flexibility in sign regulations to accommodate unique commercial development needs which may include, but not be limited to, multiple signs per businesses, exceeding the allowable limit, signage that is larger than the allowable size limit, signs that have a unique and creative design that do not conform to the standard regulations; and

WHEREAS, at the Planning Commission regular meeting of June 7, 2023, the Planning Commission held a public hearing to receive testimony and other evidence regarding the proposed ZTA No. 2023 -03, including without limitation, information provided to the Planning Commission by City staff.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BELL DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein.

SECTION 2. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings:

A. The proposed Zone Text Amendment to adopt an Ordinance (attached hereto as Exhibit A) is consistent with the goals and policies of the City’s General Plan and is consistent with those provisions of the Zoning Code that will not be

PC Resolution No. 2023-03

APPROVED AS TO FORM:

_________________________________
Christy Marie Lopez, Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, Planning Commission Secretary of the City of Bell, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Bell held on the 7th day of June 2023, by the following vote:

AYES: Commissioners Rodarte, Sleiman, Vallejo, and Vice-Chair Bedier

NOES: None

ABSENT:  Chair Mesa

ABSTAIN:  None
__________________________
Angela Bustamante,
Planning Commission Secretary

PC Resolution No. 2023-03
EXHIBIT “A”

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL, AMENDING CHAPTER

17.84.070 (AUTHORITY) OF TITLE 17 (ZONING) OF THE BELL MUNICIPAL CODE (BMC),

RELATING TO ALLOWING ADDITIONAL FLEXIBILITY IN SIGN REGULATIONS

PERTAINING TO MASTER SIGN PROGRAMS

WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and

WHEREAS, the City Council makes the following finding: the current Zoning Code lacks specific provisions to ensure visual coherence and aesthetics in the context of commercial signage. Modifying the criteria for master sign programs will allow the City to incorporate guidelines and standards that promote high- quality design, harmonious integration with the surrounding environment, and a visually appealing streetscape. This will contribute to a sense of place, improve the overall attractiveness of the community, and foster a positive image for residents and visitors alike; and

WHEREAS, over time, advancements in technology and changing trends in advertising and branding have led to the emergence of innovative signage options. Updating the criteria for approval of master sign programs will enable the Zoning ordinance to reflect and accommodate these evolving signage practices; and

WHEREAS, effective signage is crucial for businesses to attract customers, promote their products or services, and contribute to economic growth. By amending the Zoning Code, the master sign program criteria can facilitate the use of modern signage techniques that will help businesses thrive, encourage investment, and enhance the economic vitality of the community; and

WHEREAS, over time, advancements in technology and changing trends in advertising and branding have led to the emergence of innovative signage options. Updating the criteria for approval of master sign programs will enable the Zoning ordinance to reflect and accommodate these evolving signage practices; and

WHEREAS, the City Council finds that adoption of this ordinance will allow for flexibility in sign regulations to accommodate unique commercial development needs which may include, but not be limited to, multiple signs per businesses, exceeding the allowable limit, signage that is larger than the allowable size limit, signs that have a unique and creative design that do not conform to the standard regulations; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council does hereby revise Title 17, Chapter 17.84 .070 (Authority), of the Bell Municipal Code by deleting the stricken language and adding the bold language as shown below:

PC Resolution No. 2023-03

17.84.070 Authority.

A. Unless otherwise exempt by this chapter, no sign shall be installed, constructed, erected, structurally altered, relocated, or reconstructed without approval of a zoning clearance (or other applicable permit as required or allowed by this article) by the community development director.

B. The City of Bell Planning Commission may grant a master sign program for multi- tenant commercial buildings and/or shopping centers, consisting of three or more tenants, regardless of whether the shopping center or building is established on multiple parcels, subject to the following findings:

1. The proposed signs are well -designed and consistent to other signs located on the subject property, as well as compatible with community character and harmonious with surrounding properties and buildings;

2. The proposed sign program complies with all applicable chapters of this title, and is consistent with the plans and polices of the general plan;

3. The proposed signs are displayed in a manner that does not harm public health, safety and welfare. .

C. In order to allow for flexibility in sign regulations and provide businesses with the opportunity to showcase their brand identity in a unique and visually appealing way, while still maintaining the safety and aesthetic standards of the community, the Planning Commission may also grant a m aster sign program to accommodate unique commercial development needs that may include, but not be limited to:

a. M ultiple signs per business, exceeding the normal limit of two signs; and

b. Signs that are larger than the standard size allowed by the sign regulations; and

c. Signs that have a unique and creative design that do not conform to the standard regulations.

D. A master sign program may be granted subject to the following findings:

1. The proposed signs are well-designed and consistent to other signs located on the subject property, as well as compatible with community character and harmonious with surrounding properties and buildings;

2. The proposed sign program complies with all applicable chapters of this title, and is consistent with the plans and polices of the general plan;

3. The proposed signs are displayed in a manner that does not harm public health, safety and welfare.

PC Resolution No. 2023-03
SECTION 3. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. Entitlements will require review and CEQA analysis will be performed for specific projects.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code section 36933 in a newspaper of general circulation which is hereby designated for that purpose.

SECTION 6. Effective Date. This Ordinance shall go into effect on the 31st day after its passage. PASSED, APPROVED AND ADOPTED this __________ day of __________, 2023.

________________________________
Monica Arroyo, Mayor

APPROVED AS TO FORM:

______________________________
David Aleshire, City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing ordinance is the original ordinance adopted by the Bell City Council at its regular meeting held on the ___
day of ____________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Angela Bustamante, City Clerk

AGENDA ITEM 2

Deleted: 01135.0038/848631.2

MEMORANDUM OF UNDERSTANDING
Between the

CITY OF BELL
And the

BELL CITY EMPLOYEES ASSOCIATION
July 1, 2022 — June 30, 2024

Deleted: 0
Deleted: 2

B CEA MOU 2022-2024
i
Deleted: 01135.0038/848631.2
Deleted: 0
Deleted: 2

TABLE OF CONTENTS
Page
ARTICLE I — RECOGNITION .....................................................................................................1 Section 1.  Parties..........................................................................................................1 Section 2.  Association Membership ...........................................................................1 Section 3.  Association Representative Release Time. ...............................................1 Section 4.  AB 119. ........................................................................................................1 ARTICLE II — NONDISCRIMINATION .....................................................................................2 ARTICLE III — SALARIES/COMPENSATION ..........................................................................2 Section 1.  Base Salaries ...............................................................................................2 Section 2.  Bilingual Pay...............................................................................................3 Section 3.  Shift Differential Pay for Dispatchers ......................................................3 Section 4.  Extra Training Duties Pay for Dispatchers .............................................4 Section 5.  Additional Duties Pay ................................................................................4 Section 6.  Court Pay ....................................................................................................4 Section 7.  Uniform Allowance Pay .............................................................................4 Section 8.  Jury Duty ....................................................................................................5 Section 9.  Overtime Pay ..............................................................................................5 Section 10.  Compensatory Time...................................................................................5 Section 11.  Acting Pay ...................................................................................................5 Section 12.  Work Schedules ..........................................................................................6 Section 13.  Step Increases .............................................................................................6 Section 14.  Payroll Periods, Dates & Deductions .......................................................6 Section 15.  Deferred Compensation Plans ..................................................................6 Section 16.  On Call Pay & Call Back Pay ...................................................................6 ARTICLE IV — REIMBURSEMENTS .........................................................................................7 Section 1.  Tuition Reimbursement.............................................................................7 Section 2.  Professional Certification/Licensing Reimbursement ............................8 Section 3.  Mileage Reimbursement ............................................................................8 Section 4.  Expense Reimbursements .........................................................................8 Section 5.  Meal Allowances & Reimbursements ......................................................8 ARTICLE V — PROBATIONARY PERIOD ................................................................................9 Deleted: 43
Deleted: 54
Deleted: 65
Deleted: 76

B CEA MOU 2022-2024
ii
Deleted: 01135.0038/848631.2
Deleted: 0
Deleted: 2
Section 1.  Original Probationary Period ...................................................................9 Section 2.  Promotional Probationary Period ............................................................9 ARTICLE VI -RETIREMENT ........................................................................................................9 Section 1.  CalPERS EPMC Contribution .................................................................9 Section 2.  CalPERS Contract Provisions ..................................................................9 Section 3.  Supplemental Retirement Plan ...............................................................10 ARTICLE VII — INSURANCE BENEFITS................................................................................10 Section 1.  Medical, Dental and Vision Insurance ...................................................10 Section 2.  Life Insurance...........................................................................................11 Section 3.  Retired Employee Insurance ...................................................................11 ARTICLE VIII -HOLIDAYS ........................................................................................................12 Section 1.  Non-Police Dispatch Personnel ...............................................................12 Section 2.  Police Dispatch Personnel .......................................................................12 ARTICLE IX — VACATION LEAVE ........................................................................................13 Section 1.  Accrual ......................................................................................................13 Section 2.  Vacation Leave Accrual Employees Hired After July 1, 1998 .............13 Section 3.  Vacation Leave Accrual Employees Hired After July 1, 2000 .............13 Section 4.  COVID-19 Vacation Leave Bank ...........................................................13 ARTICLE X — SICK LEAVE ......................................................................................................14 Section 1.  Sick Leave Accrual ..................................................................................14 Section 2.  Sick Leave Use ..........................................................................................14 Section 3.  Sick Leave Payout Upon Separation ......................................................14 ARTICLE XI — OTHER LEAVES ..............................................................................................15 Section 1.  Paid Administrative Leave ......................................................................15 Section 2.  Leave Without Pay ...................................................................................15 Section 3.  Unpaid Family Care Leave .....................................................................15 Section 4.  Pregnancy Disability Leave .....................................................................15 Section 5.  Military Leave ..........................................................................................15 Section 6.  Bereavement Leave ..................................................................................15 Section 7.  Personal Leave .........................................................................................15 ARTICLE XII — ASSOCIATION DUES AND DEDUCTIONS ................................................15 ARTICLE XIII — CITY RIGHTS ................................................................................................16 Section 1.  Management Rights .................................................................................16 Deleted: 1211
Deleted: 1211
Deleted: 1412
Deleted: 1412
Deleted: 1413
Deleted: 1413
Deleted: 1413
Deleted: 1513
Deleted: 1513
Deleted: 1514
Deleted: 1514
Deleted: 1614
Deleted: 1614
Deleted: 1614
Deleted: 1615
Deleted: 1615
Deleted: 1615
Deleted: 1615
Deleted: 1615
Deleted: 1615
Deleted: 1715
Deleted: 1715

B CEA MOU 2022-2024
iii
Deleted: 01135.0038/848631.2
Deleted: 0
Deleted: 2
Section 2.  Exceptions .................................................................................................17 ARTICLE XIV — NO STRIKE — NO LOCKOUT ....................................................................18 Section 1.  Association’s Agreement .........................................................................18 Section 2.  City’s Agreement .....................................................................................18 Section 3.  Disciplinary Action ..................................................................................18 Section 4.  Notification Of Violation .........................................................................18 Section 5.  Hold Harmless ..........................................................................................18 ARTICLE XV — GRIEVANCES .................................................................................................18 Section 1.  Grievance Representation .......................................................................18 Section 2.  Grievance Procedure ...............................................................................18 ARTICLE XVI — DISCIPLINARY APPEALS ..........................................................................18 Section 1.  Discipline Procedure ................................................................................18 Section 2.  Disciplinary Appeals ................................................................................19 ARTICLE XVII — EMERGENCY WAIVER PROVISION .......................................................20 ARTICLE XVIII — EMPLOYEE DEFENSE AND INDEMNIFICATION ...............................20 ARTICLE XIX — NEPOTISM POLICY .....................................................................................20 Section 1.  Effective Date ...........................................................................................20 Section 2.  The Policy .................................................................................................20 ARTICLE XX — SEVERABILITY PROVISION .......................................................................21 ARTICLE XXI — INTEGRATION, MODIFICATION & WAIVER .........................................21 Section 1.  Integration ................................................................................................21 Section 2.  Modification..............................................................................................21 Section 3.  Waiver .......................................................................................................22 ARTICLE XXII — REOPENERS ................................................................................................22 ARTICLE XXIII — TERM OF THIS MOU ................................................................................22 Deleted: 1817
Deleted: 1917
Deleted: 1917
Deleted: 1917
Deleted: 1917
Deleted: 1918
Deleted: 1918
Deleted: 1918
Deleted: 1918
Deleted: 1918
Deleted: 1918
Deleted: 1918
Deleted: 2018
Deleted: 2119
Deleted: 2119
Deleted: 2120
Deleted: 2120
Deleted: 2120
Deleted: 2221
Deleted: 2221
Deleted: 2221
Deleted: 2221
Deleted: 2321
Deleted: 2321
Deleted: 2322

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2

MEMORANDUM OF UNDERSTANDING
Between the

CITY OF BELL
And the

BELL CITY EMPLOYEES ASSOCIATION
July 1, 2022 — June 30, 2024
ARTICLE I — RECOGNITION
Section 1. Parties. Pursuant to the provisions of the Meyers-Millias-Brown Act, Government Code Section 3500 et seq. (“MMBA”), the City of Bell (“City”) has heretofore recognized the Bell City Employees Association (“Association”), an unincorporated a ssociation, as the recognized employee organization for the Confidential Unit, the Professional Unit and the Miscellaneous Unit, excluding part-time employees in those classifications (hereina fter “represented employees” or simply “employees”). The current classifications within each represented unit are set forth in the Attachment “A” hereto and may be modified in the future pursuant to the City’s Employer- Employee Organization Relations Resolution (currently Resolutio n No. 87-46). Represented employees assigned to work in the City Manager’s office may be designated as “Confidential” employees by the City Manager and shall then be part of the Con fidential Unit, including but not limited to any management analysts or clerical support classifications.

Section 2. Association Membership. The parties agree to protect the rights of all employees hereby to join and/or participate in the protected activities in accordance with the MMBA and the City’s Employer-Employee Organization Relations Resolution, or to refrain from same.

Section 3. Association Representative Release Time. Pursuant to the MMBA, the City shall allow a reasonable number of Association representatives reason able time off without loss of compensation or other benefits when: (1) formally meeting and conferring with representatives of the City on matters within the scope of representation; (2) testifying or appearing as the designated representative of the Association in conferences, hearings, or other proceedings before the Public Employment Relations Board (“PERB”), or an agent thereof, in ma tters relating to a charge filed by the Association against the City or by the City against the Association; (3) testifying or appearing as the designated representative of the Association in grievance or disciplinary appeal matters.

Section 4. AB 119. Pursuant to AB 119, the City agrees to provide no less than 10 calendar days’ notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and th e Association. Access could be effectuated by representational attendance or correspondence, a lthough the parties’ preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.

Deleted: 0
Deleted: 2

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
The City agrees, pursuant to AB 119, to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once eve ry 120 days at the Association’s written request.

Notwithstanding the foregoing, in accordance with Government Code Section 6254.3(a)(3), the City will not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this Memorandum of Understanding (referred to herein as either the “MOU” or the “Agreement’), “law enforcement-related functions” includes any City police department employee and any City code enforcement officer. In accordanc e with Government Code Section 6254.3(c), the City will not provide the Association with any home address, home telephone n umber, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).

ARTICLE II — NONDISCRIMINATION
The parties agree that they shall not discriminate against any employee or applicant for employment because of such person’s race, religious creed, colo r, national origin, ancestry, physical disability, mental disability, medical condition, gene tic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation or any other protected characteristic set forth in Cali fornia Government Code Sections 12940-12951 (otherwise known as the California Fair Employment and Housing Act (“FEHA”).

ARTICLE III — SALARIES/COMPENSATION
Section 1. Base Salaries. The salaries in effect for all Association represented employee s starting July 1, 2022 are set forth in the City of Bell Resolut ion No. 2022-76 and the b ase salary shall constitute the salaries listed in Attachment “B” for each corresponding step, and shall not include any special compensation as defined in Section 571 of the California Code of Regulations (“CCR”), i.e. bilingual pay, education pay, etc.

A. Effective retroactive to the first full payroll period in Ja nuary 2023 (starting January 2, 2023, all Association represented employees still employed by the Cit y at the time of said payroll payment shall receive up to 6% base salary increase to their existing pay ranges, as reflected in the attached proposed sala ry increases table (Attachment “C”) and in the attached updated salary table provi ded herewith (Attachment “D”). Pursuant to both Attachments, any City posit ions over 6% off market salary, based upon City market study, receive the full 6% increase. Any City positions less than 6% off market salary, based upon City market study, receive the difference between the market study at top step and the current position’s top step salary range.

Deleted: For the term of this MOU, the base salaries for all Associated represented employees shall be the same as those effective January 1, 2020, as reflected in Attachment “B” hereto.

Deleted: B

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
B. All Association represented employees employed by the City f rom July 1, 2022 and still employed by the City at the time of the first full payrol l period of January 2, 2023 shall receive a lump sum payment equal to six (6) months of the value of the base salary increase provided in Section 1A above. This lump su m payment is intended to cover the lost salary for the first six (6) months of the fiscal year salary increase and is payable the second full pay period after City C ouncil approved the Tentative Agreement that lead to this successor BCEA MOU 2022-24.

C. This MOU shall re-open starting May 1, 2023, and the parties shall meet and confer regarding equity salary adjustments for Association represented positions identified as over 6% off market as described in Section 1A above.

D. Effective the first full pay period of July 2023 (starting July 3, 2023), all represented employees still employed by the City as of that date shall receive a 3% base salary increase to their existing pay ranges. This salary increase will be separate from any equity increase provided in Section 1C above.

E. All Association represented em ployees still on payroll as of the second full pay period in July 2023 (starting July 17, 2023), and who had at an y time worked, as defined by the Fair Labor Standards Act (“FLSA”), during the period of March 18, 2020 through January 1, 2022, shall be paid a lump sum retention bonus payment equal to 1% of their base salary in effect as of June 30, 2023.

Section 2. Bilingual Pay. City shall pay one hundred seventy-five dollars ($175) per m onth as Bilingual Pay to represented employees who meet the following qualifications and requirements.

A. Employee must speak a language such as Spanish, or any other language approved by the City.

B. Employee is required to pass a proficiency exam, to be conducte d in a manner determined by the City.

C. Employee shall be reimbursed for bilingual schooling. To qualif y for the reimbursement, employee shall obtain written approval from their department head before enrolling in any bilingual program. Such reimbursement s hall take place if employee passes the required proficiency exam. This reimburseme nt shall not be considered special compensation as defined in CCR Section 571.

D. Employee shall make a written request for Bilingual Pay to the Personnel Office.

The City shall schedule a test within ninety (90) days of recei pt of this request. If the test is not scheduled within ninety (90) days, then bilingu al pay shall become effective.

Section 3. Shift Differential Pay for Dispatchers. Dispatchers and Parking Enforcement Officers (currently one position) shall receive five percent (5%) of their base salary while assigned to a regular work shift that requires working six (6) or more hours between the times of 4:00 p.m. and 7:00 a.m. Employees who work during the times of 4:00 p.m. and 7:00 a.m. on an overtime Deleted: ¶

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
basis are not eligible to receive shift differential pay. Shift differential pay shall only apply to all actual hours worked, not merely scheduled hours.

Section 4. Extra Training Duties Pay for Dispatchers. A dispatcher shall receive an additional ten percent (10%) of his or her base salary when assigned by the Chief of Police to train a newly hired employee assigned to the Dispatch Division. Such additional pay shall only apply while the training assignment is in place.

Section 5. Additional Duties Pay. Represented employees requi red and designated by the Chief Administrative Officer, City Administrator and/or City Ma nager (collectively referred hereinafter to as the “City Manager”) to perform specially assi gned or extra duties outside the scope of their job description as deemed necessary in the cours e of City business shall receive an additional compensation equal to five percent (5%) of their base salary. This compensation shall remain in effect only for the duration of the designated assignment.

Section 6. Court Pay. Full-time represented employees shall receive court appearance pay for each day such employee is required to and does appear in court on City business outside the employee’s normal work schedule. In the event an employee is required to appear at two separate court locations in one day, the employee will be paid for each court location. On-call pay shall be paid to each employee when such employee is on stand-by but he or she is not required to appear in court. This pay shall not be co nsidered special compensation as defined in Section 571 of the California Code of Regulations. These payments shall be as follows:

A. Court Appearance Pay. The repre sented employees who are requir ed to attend court sessions outside their regularly scheduled work shift sha l l b e p a i d o n e hundred ninety dollars ($190).

B. On-Call Pay. The represented employees who are required to be on-call for a court appearance during outside their regularly scheduled work shift shall be paid one hundred twenty dollars ($120).

Section 7. Uniform Allowance Pay. The City shall provide five (5) uniforms to all represented employees who are required to wear uniforms while on active duty in the employment of the City, except for full-time Dispatchers, Parking Enforcem ent Officers, and the positions of Management Analyst, Office Coordinator, and Office Assistant th at work in the Police Department. The monetary value for the purchase, rental, and/or maintenance of the City uniform shall be reported in accordance with California Government Code Section 571(a)(5).

Full-time Dispatchers, Parking Enforcement Officers, and the po sitions of Management Analyst, Office Coordinator, and Office Assistant that work in the Police Department and who are required to wear uniforms shall obtain their own uniforms and receive a uniform allowance for the purchase and cleaning of such uniforms as follows:

A. Seven hundred fifty dollars ($750) annually as a uniform allowance; B. The uniform allowance shall be paid on the first pay period of each September (first pay period shall be considered the period which dates fall in t he month of Se
ptember not the pay date); and

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
C. A monthly pro-rata amount shall be paid for newly hired employe es in these positions based on the hiring date or shall be deducted from th e employee’s final compensation based upon the separation date.

Section 8. Jury Duty. Represented employees summoned to jury duty shall receive the ir regular pay up to forty (40) hours annually. In the event that the employee receives any reimbursement from the pertaining judicial jurisdiction, court, and/or government agency, such reimbursement shall be reimbursed to the City excluding mileage received for said jury duty.

Section 9. Overtime Pay. The federal Fair Labor Standards Act (“FLSA”) ensures that covered workers are entitled to the minimum wage and overtime pay at a rate of not less than one and one-half times their regular rate of pay after forty (40) h ours of work in a workweek.

Represented employees designated as “exempt” from overtime regulations in accordance with FLSA will not receive compensation for working overtime. Curre ntly, the Senior Management Analyst and Senior Human Resour ce Analyst positions are the onl y represented positions designated as being exempt. All other represented employees shall be compensated for overtime in accordance with the FLSA.

Section 10. Compensatory Time. The City and the Association agree that for non-exempt Association represented employees, the City may, in its sole di scretion, provide compensatory time off, as may be determined by the appointing authority with the approval of the City Manager, in lieu of overtime compensation at the hourly rate of time and one-half up to the federally mandated cap of 240 hours. Requests for use of compensatory ti me off shall be made in writing as prescribed by the City Manager or designee. Only employees eligible for overtime compensation shall be eligible for compensatory time off. In the event a non-exempt employee is promoted, reclassified, or reass igned to a classification designated as “exempt” under FLSA regulations, he/she shall not be eligible to accrue compensator y time. In this case, the employee shall be paid for the accrued compensatory time at his/her previous rate of pay in the non-exempt classification, no later than the end of the calendar year. The City’s general procedures pertaining to the accrual and use of compensatory time are provided in Sec tion 404 of the City’s Administrative Policies and Procedures. In the event of a conflict between this Agreement and the Administrative Policies and Procedures with respect to this Section 10 pertaining to compensatory time, this MOU shall govern.

Section 11. Acting Pay. An employee may be assigned the supervisory duties of a vacan t supervisory position while recruitment for that position is pending or of a filled supervisory position whenever the position becomes temporarily vacant for r easons of sick leave, vacation, leave of absence or injury on duty status. An employee assigned the supervisory duties of a position pursuant to the provisions of this section shall be de signated as an “acting supervisor.” The selection of the employee for “acting supervisor” status sh all be within the sole discretion of the department head. Employees acting in a supervisory positio n shall not be entitled to any additional compensation for doing so unless they work ten (10) or more work days in that assignment. If the acting assignment continues past ten (10) days, then the assigned individual shall receive the additional compensation retroactive to the fi rst day of the assignment. Such compensation shall continue until such time as the incumbent re t urns or, in the case of a vacant
position, the position is filled. The City shall compensate an employee who is an acting supervisor at the rate of an additional ten percent (10%) of base salary.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
Section 12. Work Schedules. Standard work hours for represented employees shall be Monday through Friday, 7:45 AM to 4:30 PM. Alternate 9/80, 4/10 and 3/12 work schedules may be assigned based on the recommendation of the appropriate department head and the approval of the City Manager with reasonable notice to the employee. Alter nate work schedules shall be approved and continued at the sole discretion of the City Manag e r . R e p r e s e n t e d e m p l o y e e s performing duties required twenty-four (24) hours per day, seven (7) days per week shall work an assigned schedule as determined by their department head and approved by the City Manager. All employees are subject to be called to work at any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager or his/her designee, may require such service.

All work schedules are designed to be in compliance with the requirements of the FLSA.

Section 13. Step Increases.

A. Upon initial appointment a represented employee shall be placed at Step A of the salary schedule, except as otherwise approved by the City Manager. Whenever an employee is promoted, the employee shall be placed at the step providing the employee a pay increase equal to at least a five percent (5%) i ncrease in base pay.

The provisions of this Article shall only apply to full-time represented employees.

B. Represented employees are eligible for and entitled to a step i ncrease upon successful completion of their probationary period and approval of the City Manager per Article XVII of the City of Bell Civil Service Rules And Regulations adopted January 3, 1983 (“Bell Civil Service Rules”).

C. Thereafter, represented employees shall be eligible for and rec eive step increases within their assigned salary range on the anniversary date of the completion of each employee’s probationary period, p rovided that the employee has maintained satisfactory job performance during the prior year, as determined by the employee’s department head, and upon approval of the City Manager in accordance with Article XVII of the Bell Civil Service Rules. Step increases of more than one (1) step shall require approval of the City Manager.

Section 14. Payroll Periods, Dates & Deductions. Employees shall be paid every other Friday for a two-week period ending the preceding Sunday via Automatic Direct Deposit, unless other arrangements need to be made at the request of the employee. Deductions may be made from the salaries of employees as provided by law or upon their written authorization for City approved deduction programs.

Section 15. Deferred Compensation Plans. Pursuant to California Government Code Section 53213, all represented employees shall be eligible to participa te in the City’s Deferred Compensation Plans with no contribution by the City.

Section 16. On Call Pay & Call Back Pay. Each Department Head shall designate the minimum standards qualifying an individual to perform an “on ca ll” function and shall first seek individuals by means of a voluntary sign up list. If an insufficient number of employees volunteer for being on call, then the Department Head shall assign the ap propriate number of employees to such status. The following rules shall apply to “on call” status:

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
A. Such assignment shall be in writing and on an equitable rota tion basis for qualified personnel. Any employee designated in writing to serve in an “ on call” capacity may seek a substitution by another employee, subject to submitting such proposal to the Department Head and subject to Department Head approval of the substitution. On call designations may be for up to one week at a time.

B. Employees on an “on call” statu s shall be required to carry at all times a City issued cellular phone and shall be able to receive or return a call wi thin 15 minutes and report to the requested job site within sixty (60) minutes of the original call.

C. Employees who are off duty but “on call” and who respond to work related calls via telephone without a need to respond in person will add up t he minutes/hours that they are engaged in City business via telephone each day while on-call and will be provided compensation equal to the total time spent per designated on call work period up to one week, rounded up to the nearest 15-minute increment.

D. In any situation where an employee has been designated in wr iting in an “on call” status retroactive to July 1, 2022, the “on call” pay shall be calculated and paid at $45.00 per day.

E. Effective from the adoption by City Council of this Tentativ e Agreement, an employee called back to work onsite or in the City outside thei r normal working hours shall be paid a minimum of two (2) hour’s compensation at the overtime rate starting from their arrival back to work. Call back is conside red an employee’s unexpected return to work due to an unanticipated work requirement resulting from an order to report/return to work. A represented unit member sh all be deemed to have been called back if the employee has been released by the Department Head as having completed the employee's assigned duties at the end o f their work shift, and having left their work location. Call back shall not apply to situations where an employee is called in to start a work shift early or asked to stay after their normal shift ends.

ARTICLE IV — REIMBURSEMENTS
Section 1. Tuition Reimbursement. City shall reimburse represented employees for tuition fees up to a total tuition reimbursement of $16,500 per fiscal year for all represented employees.

Employee shall request approval from the City Manager prior to his or her enrollment in order to qualify for the reimbursement. Reimbursement shall be granted on a first-come, first-served basis, such that once the City has provided $16,500 total to represent ed employees per fiscal year, no additional tuition expenses for any represented employee shall be eligible for reimbursement pursuant to this Agreement. Tuition reimbursement is subject to the following:

A. An individual represented employee will be reimbursed for appro ved tuition up to seventy-five percent (75%) of tuition fees equal or equivalent to those of the then current California State University system per fiscal year . Excess tuition fees shall be paid by the employee. For example, for the 2020-2021 academic year, for 6.1+ units, the total academic year fees were $5,742. This means that an individual

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
employee enrolled in 6.1+ units would have been eligible for reimbursement up to seventy-five percent (75%) of $5,742, or $4306.50. For the 20 20-2021 academic year, for 0-6.0 units, the total academic year fees were $3,330. This means that an individual employee enrolled in 6.0 or fewer units would have b een eligible for reimbursement up to seventy-five percent (75%) of $3,330, or $2,497.50.

B. Educational programs must be job-related.

C. Educational institutions must be an accredited two-year college or four-year college or university.

D. Reimbursement must be requested within sixty (60) days after su ccessful completion of the course and employee must receive a grade of “C” or better in that course.

E. This reimbursement shall not be considered special compensation as defined in Section 571 of the California Code of Regulations.

Section 2. Professional Certification/Licensing Reimbursement. C i t y s h a l l r e i m b u r s e represented employees for fees associated with the renewal of a professional certification or license related with their employment with the City of Bell. Some continuing education expenses may be reimbursed at the sole discretion of the City Manager. The emp loyee must request an interview with the City Manager to obtain approval. This reimbursement s hall not be considered special compensation as defined in Section 571 of the California Code of Regulations.

Section 3. Mileage Reimbursement. Subject to being superseded by a city-wide policy, the City shall reimburse represented employees for those miles empl oyees are required to drive their personal vehicles in the performance of assigned job duties at the Internal Revenue Service (“IRS”) rates in effect at the time of travel. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with oper ating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.

Section 4. Expense Reimbursements. Subject to being superseded by a City-wide policy, represented employees shall be entitled to reimbursement for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge o f h i s o r h e r d u t i e s . T h i s reimbursement category includes but is not limited to parking fees, cell phone calls, and reasonable personal property damage. The employee shall be responsible for providing proof of the expense in a form acceptable to the City in order to obtain reimbursement.

Section 5. Meal Allowances & Reimbursements. Subject to being superseded by a City- wide policy, represented employees shall be entitled to per diem following a Per Diem Schedule and under the following circumstances:

A. Per Diem Schedule. Forty-five dollars ($45) per twenty-four (2 4) hour period or prorated as follows: Breakfast- ten dollars ($10), Lunch-fifteen d o l l a r s ( $ 1 5 ) , Dinner-twenty dollars ($20).

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
B. Personnel on work assignments, or attending, meetings or traini ng in excess of a twenty-five (25) mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal work hours or require lodging.

C. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule.

D. Meal expenses other than listed in the two above may be conside red for reimbursement (receipt required) at the discretion of the emplo yee’s department head.

ARTICLE V — PROBATIONARY PERIOD
Section 1. Original Probationary Period. Classifications covered by this MOU shall be subject to an original twelve month (12) month probationary period upon date of appointment to a full-time position as provided by the Bell Civil Service Rules.

Section 2. Promotional Probationary Period. Classifications covered by this MOU shall be subject to a six (6) month probationary period instead of the t welve (12) month period provided by the Bell Civil Service Rules upon voluntary appointment to a promotional position defined as a position with a higher top step base salary than the position the employee is leaving. All other probationary provisions of the Bell Civil Service Rules shall continue to apply.

ARTICLE VI -RETIREMENT
Section 1. CalPERS EPMC Contribution. Prior to the adoption of this MOU, the City eliminated its payment of any employee member contributions to the California Public Employees’ Retirement System (“CalPERS) known informally as the Employer P aid Member Contributions (“EPMC”) as previously allowed under Government Code Section 20691. The California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code) (hereinafte r “PEPRA”) eliminated EPMC payments for all represented employees hired by the City on or after January 1, 2013 with those employees required to pay their full member contributions unles s they were determined by CalPERS to be “classic members” w hen hired. Effective the firs t full pay period of July, 2014, the City eliminated EPMC entirely for all represented employees with all represented employees paying their full member contributions to CalPERS. Employees sh all have a salary adjustment in the form of a tax deferred income payment for their CalPERS member contributions in accordance with the provisions of Internal Revenue Code Section 414(h)(2).

Section 2. CalPERS Contract Provisions. The City’s contract with CalPERS shall provide the following:

A. Tier One Miscellaneous Employees:

Any represented employee hired before January 1, 2013, or who is hired on or after January 1, 2013 and determined to be a “classic member” by CalPERS:
(1) 2.7% @ 55 retirement plan for miscellaneous members;

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
(2) Sick Leave Conversion;
(3) Single Highest year compensation;
(4) Military ser vice credit.

B. Tier Two Miscellaneous Employees:

Any represented employee hired on or after January 1, 2013 and determined by CalPERS not to be a “classic member” as defined by CalPERS and as limited by PEPRA:
(1) 2% @ 62 retirement plan for miscellaneous members;
(2) Highest thirty-six (36) consecutive months compensation; (3) Sick Leave Conversion;
(4) Military ser vice credit.

C. Future Miscellaneous Employees:

City shall be authorized to adopt CalPERS contract amendments that provide for the following changes for new hires:
(1) Cost of living adjustments limited to 2%;
(2) Highest thirty-six (36) consecutive months compensation; (3) Elimination of Industrial Disability Retirement fifty perce nt (50%) FAC benefit option.

Section 3. Supplemental Retirement Plan . The City’s Supplemental Retirement Plan has been closed to new hire participants since July 1, 2005 and has been the subject of a lawsuit. This Agreement shall not have any effect on the legal status of the Supplemental Retirement Plan.

ARTICLE VII — INSURANCE BENEFITS
Section 1. Medical, Dental and Vision Insurance.

A. Permanent full-time bargaining unit members, hired prior to Sep tember 30, 2005 shall be eligible to receive the following medical, dental and vision benefits:
(1) The City shall pay monthly medical premiums for employee and hi s/her dependents in any City approved CalPERS Health Plan, except PERSCare; (2) The City shall pay for the employee and his/her dependents in a C i t y approved dental plan with deductible limits the same as was pro vided in 2011.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
(3) The City shall pay for vision coverage for employees and his/her dependents in a City approved plan.

B. Permanent, full-time bargaining unit members hired on or after October 1, 2005 are eligible to receive the following medical (1st of month after i nitial appointment), dental (1st of month following 60 days after appointment) and vision (1st of month following 60 days after appointment) benefits:
(1) The City shall pay monthly medical premiums for employee and on e (1) dependent in any City approved CalPERS Health Plan, except PERSCare; (2) The City shall pay for the employee and one (1) dependent in a City approved dental plan with deductible limits the same as was pro vided in 2011.
(3) The City shall pay for vision coverage for employee and one (1) dependent in a City approved plan.

C. Dual Coverage:
(1) City employees and dependents shall receive the benefits stated in A & B above provided that they do not have dual insurance coverage th rough a non-City sponsored plan. In the event of dual coverage, the em ployee and his/her dependents shall become ineligible for the benefits listed above. (2) Represented employees who, prior to June 27, 2018, elected to “opt out” of medical insurance coverage and who provide evidence of medical insurance coverage elsewhere, shall continue to be eligible to receive $500 per month in lieu of insurance coverage for all months that they have opt ed out. In order to maintain eligibility for “opt out” payments, employees electing to cancel City health insurance coverage for themselves and all eligible family members must have provided proof of other coverage. Additionall y, the employee must have signed a document stating their desire to wa ive their City health insurance coverage, thereby also waiving any liabil ity to the City for their decision to cease said coverage. Employees hire d after June 27, 2018 or who are not receiving “opt out” payments as of June 27, 2018 shall not be eligible for “opt out” payments as described in this section. In the event an employee receiving “opt out” payments as of June 2 7, 2018 subsequently becomes ineligible for “opt out” payments or elect s to commence City health insurance coverage, then that employee sha ll no longer be eligible to receive such “opt out” payments.

Section 2. Life Insurance. Upon passing probation, the City shall provide a life insuran ce policy in the amount of one hundred thousand dollars ($100,000) for each represented employee.

Section 3. Retired Employee Insurance . Full-time represented employees who have terminated in good standing from the City after January 1, 1997, with not less than thirty (30) years of CalPERS service credit with the City, or full-time employees who were employed with the City

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
on June 30, 2006 and who have twenty (20) years of CalPERS serv ice credit as of June 30, 2006 and whose termination date is after July 1, 2006, shall be provided by the City the same medical, dental, vision and life insurance for them and their dependents as provided current employees hired prior to September 30, 2005 at no cost to the employee.

ARTICLE VIII -HOLIDAYS
Section 1. Non-Police Dispatch Personnel. Represented non-police dispatch employees will be entitled to a total of thirteen (13) holidays each fiscal ye ar. This number includes one (1) discretionary holiday. In order to maximize the hours of servic e to the community, and allow a total of thirteen holidays each fiscal year, the City Council w ill set a holiday schedule that will establish the holidays to be observed by the City during the co rresponding fiscal year and its respective floating holidays, which shall total thirteen (13) d ays. Holidays may include the following:

New Year’s Day
Martin Luther King Day
Presidents’ Day
Memorial Day
Independence Day (Fourth of July)
Labor Day
California Admission Day
Columbus Day
Veteran’s Day
Thanksgiving Day
The Day after Thanksgiving
Christmas Day
Section 2. Police Dispatch Personnel. The parties recognize that a police department functions every day of the year, twenty-four hours per day, and does not close for holidays. Police dispatchers shall be compensated for the twelve (12) holidays identified in Section 1 above.

Pursuant to the California Government Code, Section 20630, the City shall identify the pay period in which the compensation was earned; therefore, the City opts to pay and report holidays as earned. Each employee shall be paid an additional ten (10) hours for each City-recognized holiday in the pay period where the holiday falls. Such additional comp ensation shall be paid separately and reported as special compensation. Furthermore, police disp atchers shall also accrue one (1) floating holiday per fiscal year, which shall be taken at the employee’s discretion with the approval of their supervisor. Permission to take the floating holiday will not be unreasonably withheld. The floating holiday must be taken prior to the ending of the appli cable fiscal year and may not be carried over to the following fiscal year.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2

ARTICLE IX — VACATION LEAVE
Section 1. Accrual. Represented employees are eligible to accrue vacation leave as follows:

Months of Service Accrued Vacation
Hours biweekly
Up to 48 3.6960
49 to 71 4.616
72 to 155 6.4640
156 to 239 8.3040
240 and more 9.8480
Employees in their initial probationary period shall not be eli gible to use any accrued vacation leave unless specifically authorized by the City Manager. Vaca tion hours will be deducted from the accumulated vacation leave balance accordingly to the hours taken by the employee or the pertaining number of hours of the established shift. Vacation h ours shall be earned and recorded to the employee’s balance on a biweekly basis.

Section 2. Vacation Leave Accrual Employees Hired After July 1, 1998. Notwithstanding the Bell Civil Service Rules or any other City resolution, repr esented employees hired after July 1, 1998 shall not accrue or carry over from calendar year more than three-hundred sixty (360) hours. The parties have agreed that any amount of time for employees hired after July 1, 1998 that was mistakenly allowed to accrue in excess of three-hundred sixty (360) hours as of December 31, 2012 was set aside on a one-time b asis in a separate leave bank and will be allowed to be used during employment like any other vacation leave bank and/or cashed out upon separation or earlier at the discretion of the City. However, the parties agree that no leave may be accrued over three- hundred sixty (360) hours as of December 31, 2012, unless approved by the City Council.

Section 3. Vacation Leave Accrual Employees Hired After July 1, 2000. Notwithstanding the Bell Civil Service Rules or any other City resolution, repr esented employees hired after July 1, 2000 shall not accrue or carry over from calendar year more than two-hundred eighty (280) hours. The parties have agreed that any amount of time for employees hired after July 1, 2000 that was mistakenly allowed to accrue in excess of two-hundred eighty (280) hours as of December 31, 2012 was set aside on a one-time b asis in a separate leave bank and will be allowed to be used during employment like any other vacation leave bank and/or cashed out upon separation or earlier at the discretion of the City. However, the parties agree that no leave may be accrued over three- hundred sixty (360) hours as of December 31, 2012, unless approved by the City Council.

Section 4. COVID-19 Vacation Leave Bank. Due to unique vacation leave usage issues resulting from the COVID-19 pandemic and the local, state and federal declarations of emergency related to the same, the City created for BCEA employees a designated COVID-19 Vacation Leave Bank. When an employee reached the maximum vacation leave accr ual cap of 280 hours, the employee was permitted to accrue additional vacation leave beyo nd 280 hours in the COVID-19 Vacation Leave Bank. Employees only had this option for vacation leave accrued over 280 hours from March 16, 2020 through December 31, 2020. After the end o f the payroll period including

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
December 31, 2020, an employee who had accrued more than 280 ho urs of vacation leave shall not accrue any new vacation leave until the employee’s accrued leave is less than the applicable accrual cap pursuant to Section 2 and Section 3 of this Article IX. Additionally, employees shall be required to use vacation leav e accrued in the COVID-19 Vacat ion Leave Bank prior to any regular vacation leave.

ARTICLE X — SICK LEAVE
Section 1. Sick Leave Accrual. Probationary employees shall accrue but not be eligible to use sick leave until after ninety (90) days of employment. Represented employees shall accrue sick leave as follows:

A. Employees will accrue 0.0462 of one hundred percent (100%) sick l e a v e h o u r s resulting in a 3.6960 hour biweekly accrual while in employment with the City, or while on approved paid leave.

B. During each five (5) year increment of regular employment, an e mployee will be entitled to seventy-five percent (75%) sick leave hours and fifty percent (50%) sick leave hours. At the end of each five-year increment, any unused 75% and 50% sick leave hours will expire and an employee will accrue the corresponding value of the next five-year increment. Accruals will be earned as follows:

Years of Service 75% 50%
0-5 112 112
5-10 224 336
10-15 448 616
15-20 448 896
20+ 448 1,456
Section 2. Sick Leave Use. Represented employees shall use their 100% sick leave accrual first, their 75% sick leave accrual second, and their 50% sick leave accrual last. Three (3) 100% sick leave days may be used each fiscal year for severe illness in the employee’s immediate family.

Section 3. Sick Leave Payout Upon Separation.

A. For represented employees hired p rior to June 30, 1998, they wi ll be paid upon separation of service an amount equivalent to the remaining unused hours of 100% sick leave at the time of separation or at retirement from the City. All unused 100% sick leave may be credited toward CalPERS service credit.

B. For represented employees hired after July 1, 1998, they will b e paid upon separation of service an amount equivalent to the remaining unused hours of 100% sick leave up to 100 hours at the time of separation or at reti rement from the City.

All unused 100% sick leave may be credited toward CalPERS service credit.

C. For represented employees hired after June 27, 2018, no accrued sick leave shall be paid upon separation of service. All unused 100% sick leave ma y be credited toward CalPERS service credit.

Deleted: but not be eligible to use
Deleted: until after completing the twelve (12) month original probationary period of full-time employment

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
ARTICLE XI — OTHER LEAVES
Section 1. Paid Administrative Leave. Represented employees designated as FLSA exempt for purposes of overtime shall receive twenty (20) hours of pai d administrative leave per fiscal year. The parties agree that th e designation of employees as exempt shall be within the sole and exclusive discretion of the City.

Section 2. Leave Without Pay. Represented employees may be granted conditional leave without pay not to exceed one month upon written request of the employee and approval of the City Manager. The City Council may grant a conditional leave without pay not to exceed one (1) year.

Section 3. Unpaid Family Care Leave. Represented employees shall be granted state and/or federal family leave in accordance with applicable state and federal statutes and regulations.

Section 4. Pregnancy Disability Leave. Represented employees shall be granted state and/or federal medical leave in accordance with applicable state and federal statutes and regulations.

Section 5. Military Leave. Represented employees shall be granted state and/or federal military leave in accordance with applicable state and federal statutes and regulations.

Section 6. Bereavement Leave. Represented employees shall be entitled up to three (3) working days paid bereavement leave due to the death of the emp loyee’s spouse, parent, brother, sister, child, grandchild, grandparent, aunt, or uncle, or any person related in such capacity to the employee’s spouse with approval from his or her department head.

Section 7. Personal Leave. Represented employees may use up to three (3) 100% sick leave days per fiscal year for personal business with their supervisor’s prior approval.

ARTICLE XII — ASSOCIATION DUES AND DEDUCTIONS
The Association may request that the City deduct membership du es, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the wages and salaries of Association members . Association hereby certifies that Association has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Accordingly, Association membership dues s h a l l b e d e d u c t e d e a c h p a y period in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Association.

Remittance of the aggregate amount of all such monies shall be made by the City to the Association at the conclusion of each payroll period in which said dues wer e deducted. Any changes in Association dues must be given to the City a minimum of thirty (30) days prior to change to accommodate changes to payroll. Association will pay the costs incurred by the City in order to set up the employee’s deductions.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
The Association shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action rel ating to any Association requested deduction, or any provision or obl igation set forth in this Article. The City reserves the right to select its own counsel for its defense hereunder at the Association’s expense.

ARTICLE XIII — CITY RIGHTS
Section 1. Management Rights. It is understood and agreed that the City retains and is vested with, solely and exclusively, all of its inherent powers, autho rity, rights, prerogatives, and functions of management, except as expressly modified or restricted by a specific provision of this MOU, or by law, to direct, manage and control its operations to the full extent of the law. Said powers, authority, rights, prerogatives, and functions of management, except as expressly modified or restricted by a specific provision of this MOU or by law, in clude, but are not limited to, the exclusive rights to the following:

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

B. To determine the existence of facts, which are the basis of management decisions.

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

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

E. To determine and/or establish methods of financing.

F. To determine and change types of equipment or technology to be used.

G. To determine and change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to a llocate and assign the work by which City operations are to be conducted.

H. To direct the work of employees.

I. To determine and change the number of locations, relocations, a nd types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract for or sub contract any work or operation of the City as permitted by law.

J. To establish budget procedures and determine budgetary allocations.

K. To assign work to and schedule e mployees in accordance with req uirements as determined by the City, and to e stablish and change work schedu les and assignments.

L. To determine and change the days and hours when employees shall work.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
M. To determine and change times of operation.

N. To lay off employees from duties because of lack of work or fun ds, or under conditions where continued work would be ineffective or non-pro ductive, not related to an employee’s particular performance.

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

P. To dismiss, suspend without pay, demote, reprimand, withhold sa lary step increases, or otherwise discipline employees for cause.

Q. To determine minimum qualifications, skills, abilities, knowled ge, selection procedures and standards, and job classifications, and to reclassify employees.

R. To determine job classifications and personnel by which government operations are to be conducted.

S. To hire, transfer, promote, and demote employees for nondisciplinary reasons.

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

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

V. To maintain order and efficiency in City facilities and operations.

W. To establish, publish, and/or modify rules and regulations to maintain order and safety and health in the City, which are not in contravention with this MOU or the Personnel Rules.

X. To restrict the activity of an employee organization on the mun icipal property and on municipal time except as set forth in this MOU.

Y. To take any and all necessary action to carry out the mission o f the City in emergencies.

Section 2. Exceptions. Except in emergencies, or where the City is required to make changes in its operations because of the requirements by law, whenever the exercise of Management’s rights shall impact on employees of the Association, the City a grees to meet and confer with representatives of the Associatio n regarding the impact of the exercise of such rights, unless the matter exercise of such rights is provided for in this MOU or i n the Personnel Rules and Regulations, Safety Resolutions and Municipal Code, which are incorporated herein by reference in this MOU. By agreeing to meet and confer with Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
ARTICLE XIV — NO STRIKE — NO LOCKOUT
Section 1. Association’s Agreement. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, lockout or any other job action by withholding or refusing to perform services.

Section 2. City’s Agreement. The City agrees that it shall not lockout its employees during the terms of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure t o return to work of employees of the City in the exercise of its rights as set forth in any of the p rovision of this MOU or applicable ordinance or law.

Section 3. Disciplinary Action. Any employee, who participates in any conduct prohibited in Section 1 above, may be subject to disciplinary action up to and including discharge.

Section 4. Notification Of Violation. I n t h e e v e n t t h a t a n y o n e o r m o r e o f f i c e r s , a g e n t s , representatives, or members of the Association engage in any of the conduct prohibited in Section 1, above, the Association shall immediately instruct any person s engaging in such conduct that their conduct is in violation of this MOU and is unlawful and t hey must immediately cease engaging in conduct prohibited in Section 1 above, and return to work.

Section 5. Hold Harmless. If the Association performs all of the responsibilities set for th in Section 4 above, its officers, agents, representatives, shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 4 above.

ARTICLE XV — GRIEVANCES
Section 1. Grievance Representation. The Association is expressly authorized to represent any of its members in any grieva nce proceeding filed pursuant t o the Bell Civil Service Rules or the Bell Police Department Policy Manual.

Section 2. Grievance Procedure. The parties agree that the grievance procedure outlined in the Bell Police Department Polic y Manual shall govern all polic e department represented employees and shall be the exclusive grievance procedure for the matters subject to grievance as defined therein for those represented employees. The parties a gree that for all other represented parties, the grievance procedure outlined in the Bell Civil Ser vice Rules shall be followed except that the City Manager’s decision shall be final with no right of appeal to the City Council.

ARTICLE XVI — DISCIPLINARY APPEALS
Section 1. Discipline Procedure. The parties agree that the discipline procedures outlined in the Bell Police Department Polic y Manual shall govern all polic e department represented employees and shall be the exclusive disciplinary procedure and appeal process for such represented employees up through imposition of discipline by th e Chief of Police. For all other employees, it shall be the procedure set forth in the Bell Civil Service Rules except that the appeal process therein shall be replaced with the following disciplinary appeal procedure.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
Section 2. Disciplinary Appeals. The decision of the Chief of Police or any other department head may be appealed in writing within ten (10) calendar days o f receipt of same pursuant to the City’s Civil Service Rules and Regulations as adopted by City Council January 3, 1983 except that instead of appealing the decision to a personnel commission for final determination the appeal shall go to the City Manager who shall then refer the appeal out for a binding decision to be heard at his or her discretion by either an administrative law judge from the Office of Administrative Hearings or by an arbitrator selected by the parties from a pan el from the State Mediation and Conciliation Service.

A. If the hearing officer is from th e Office of Admi nistrative Hea rings, then the assigned administrative law judge shall have jurisdiction to re nder a binding decision as provided for herein.

B. If an arbitrator is used from the State Mediation and Conciliation Service, then the parties shall request a panel of seven (7) proposed arbitrators and select one person therefrom by striking names until one remains with the employee striking the first name. The selected arbitrator sh all have jurisdiction to rende r a binding decision as provided for herein.

The hearing officer shall establish a time and place for the he aring. The City Clerk is authorized and empowered to issue all subpoenas necessary to effect discov ery and/or to compel the attendance of witnesses at the hearing. All witnesses shall be entitled to witness fees to the same extent as in a civil action in the superior court. The hearing shall not be public unless so requested to be so by the appellant employee. In any event, the hearing o fficer shall have the authority to exclude witnesses from the hearing.

At the time and place so established, the hearing officer shall proceed to conduct the hearing and to take and consider all relevant evidence. All testimony pres ented at the hearing shall be sworn testimony. However, the hearing need not be conducted according to technical rules relating to evidence and witnesses; nor shall the provisions of the Administrative Procedure Act be applicable thereto.

The City shall present its case first, including all relevant e vidence to support the disciplinary action imposed and it shall have the burden of proving its cont entions by a preponderance of the evidence. The City shall have the right to call the appellant employee as a witness at any time during the hearing and treat the appellant employee as a hostil e witness for purposes of examination. Unless otherwise incapacitated, the appellant emp loyee shall appear personally at the hearing. Failure of the appellant to appear at the hearing or to be represented shall be deemed a withdrawal of the appeal and a waiver of any further rights of hearing or review. All parties shall have the right to file with the hearing officer written legal arguments and to present oral arguments at the conclusion of the hearing.

The City shall pay all administrative costs of the hearing officer. The City shall obtain the services o f a c e r t i f i e d c o u r t r e p o r t e r t o r e c o r d t h e h e a r i n g . T h e t r a n script of the proceedings shall be available to the appellant employee at no cost. Each party, however shall bear their own legal costs, including witness, exhibit and attorneys fees.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
The decision of the hearing officer shall be final and conclusi ve. Any judicial review of such decision shall be governed by the provisions of Code of Civil Procedure section 1094.6.

ARTICLE XVII — EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar ci rcumstances, if the City Manager or his designee so declares, any provisions of this MOU or the Bell Civil Service Rules or Resolutions of the City, which restrict the City’s ability to respond to th ese emergencies, shall be suspended for the duration of such emergency. After the emergency is decl ared over, the Association shall have the right to meet and confer with the City regarding the i mpact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.

ARTICLE XVIII — EMPLOYEE DEFENSE AND INDEMNIFICATION
Represented employees are entitled to request that the City pro vide a defense of any civil action or proceeding brought against them, in their official or indivi dual capacity or both, on account of a n a c t o r o m i s s i o n i n t h e s c o p e o f t h e i r e m p l o y m e n t a s a n e m p l oyee of the City pursuant to Government Code Sections 995-996. 6. Employees should become fa miliar with these sections and their rights thereunder. The City shall not afford represented employees any additional defense or indemnity rights or protections other than required by statute or law.

ARTICLE XIX — NEPOTISM POLICY
Section 1. Effective Date. A City nepotism policy was impl emented effective July 1, 2005.

Such policy shall not apply to full-time employees hired prior to that effective date.

Section 2. The Policy. The nepotism policy is described as follows:

A. No employee shall be appointed or promoted to a position in any department in which such employee’s relative already holds a position, when s uch employment would result in any of the following:
(1) A supervisor-subordinate relationship;
(2) The employees’ job duties will require performance of shared duties on the same or related work assignment;
(3) Both employees will have the same immediate supervisor.

B. For purposes of this section, “relative” shall mean spouse, child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, brother-in-law or sister-in-law.

C. If a City employee marries another person employed by the City of Bell within the same department, both employees shall be allowed to retain thei r respective positions provided that a supervisory relationship does not exi st between the two employees. For the purpose of th is section, a supervisory relat ionship shall be

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
defined as one in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to his or her position.

D. The City also retains the right to refuse to place both relativ es in the same department, division or facility where such has the potential f or creating adverse impact on supervision, safety, security, morale or involves potential conflict of interest.

E. Where the circumstances mandate that two relatives shall not wo rk together, the Personnel Department will attempt to transfer one relative to a similar position in another City department. Although the City will attempt to give consideration to the wishes of the involved parties as to which relative is to b e transferred, the controlling factor in determining which relative is to be trans f e r r e d s h a l l b e t h e positive operation and efficiency of the City. If any such tran sfer results in a reduction in salary or compensation, the same shall not be cons idered disciplinary in nature and shall not be the subject of any form of administrative appeal.

F. If continuing employment of two relatives cannot be accommodated consistent with the City’s interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one relative from City employment. Absent resignation by one affected relative, the less senior of the involved relatives will be subject to separation and the same shall not constitute discipl ine and shall not be subject to any administrative appeal.

ARTICLE XX — SEVERABILITY PROVISION
Should any provision of this MOU be found to be inoperative, vo id, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect.

ARTICLE XXI — INTEGRATION, MODIFICATION & WAIVER
Section 1. Integration. This MOU sets forth the full and entire understanding of the pa rties regarding the matters set forth herein, and all other prior or existing understandings and agreements by the parties, whether formal or informal, oral or written, regarding the matters covered herein are hereby superseded.

Section 2. Modification. Except as specifically agreed to in this MOU, if during the ter m of this MOU a new matter or subject within the scope of representation arises that is not contained in this MOU, either party may give the other written notice of a proposed action, and the parties shall agree to meet and confer in good faith to address the matter or subject. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer over any matter within the scope of representation during the term of this MOU. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contai ned herein shall in any way be binding upon the parties hereto unless made and executed in writing by authorized representatives of both the City and the Association.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
Section 3. Waiver. Nothing in this MOU is intended to waive any statutory right no r any statutory obligation of either party under any law including, but not limited to, Sections 3500-3511 of the California Government Code, except those rights and obligations that have been expressly modified or restricted by a specific provision of this MOU. Ei ther party’s failure to exercise any powers, authority, right, prerogative, or function hereby reser ved to it; the exercise of any such power, authority, right, prerogative, or function in a particul ar way; or the election to meet and confer over any such power, authority, right, prerogative, or f unction hereby reserved to it, shall not be considered a waiver of that party’s right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this MOU.

ARTICLE XXII — REOPENERS
The parties shall reopen any provision of this MOU for the purp ose of complying with any final order of a federal or state agency or court of competent jurisd iction requiring a modification or change in any provision or provisions of this MOU in order to c omply with state or federal laws.

The parties also agree to reopen the contract for purposes of updating Title 2 of the Bell Municipal Code, the City’s Employer-Employee Organization Relations Resolution, the City’s Civil Service Rules and Regulations, and the Bell Police Department Policy Ma nual. The parties further agree to reopen negotiations for the purposes of meeting and conferring as follows:

A. Designated Holidays. The parties agree to reopen negotiatio ns for the purposes of meeting and conferring over Ar ticle VIII – Holidays, specifical ly regarding the addition of Cesar Chavez Day and removing California Admission Day and Columbus Day from the list of enumerated holidays. Such negotia tions would not include the number of observed holidays plus floating holidays, w h i c h w o u l d continue to total 13 days.

ARTICLE XXIII — TERM OF THIS MOU
The term of this MOU shall be in full-force and in effect from July 1, 2022 through and including June 30, 2024.

ARTICLE XXIV — RATIFICATION AND EXECUTION
The representatives of the City and of the Association have jointly prepared this Agreement, which has been ratified by the Association and is jointly presented to City Council of the City of Bell for determination along with the parties’ Tentative Agreement pursuant to Government Code section 3505.1. The parties acknowledge that this Agreement shall not be in full force and effect until adopted by resolution by the City Council of the City of Bell.

Deleted: 0
Deleted: 2

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Bell City Empl oyee’s Association and entered i nto as of this 24th day of April , 2023.

CITY OF BELL BELL CITY EMPLOYEES ASSOCIATION

BY: __________________________ BY: ___________________________ ______ Michael L. Antwine II Connie Hurtado
City Manager President

BY: __________________________ BY: ___________________________ _______ Sergio Ibarra Angela Ruiz
Human Resources and Risk Manager Vice President

BY: __________________________ BY: ___________________________ _______ Colin J. Tanner, Esq. Jamie Wong
Lead Negotiator/Deputy City Attorney Secretary

BY: __________________________________
Norma Gamez
Treasurer

BY: __________________________________
Esbeyda Pimente
Board Member

Deleted: __
Deleted: June
Deleted: 1
Deleted: Angela Ruiz
Deleted: Connie Hurtado
Deleted: Francesca Sciamanna
Deleted: Matthew Aguilar

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
ATTACHMENT “A”

CONFIDENTIAL UNIT

1. Account Clerk (Payroll)

2. Administrative Specialist

3. Assistant City Clerk

4. Executive Assistant (City Manager’s Office)

5. Management Analyst (City Manager’s Office)

6. Senior Human Resource Analyst

7. Senior Management Analyst (City Manager’s Office)

PROFESSIONAL UNIT

1. Property and Evidence Specialist

2. Management Analyst

3. Police Records Supervisor

4. Office Coordinator

5. Senior Accountant

6. Accountant

7. Senior Management Analyst

MISCELLANEOUS UNIT

1. Accounting Assistant I

2. Accounting Assistant II

3. Account Clerk

4. Accounting Specialist

5. Assistant Planner

6. Associate Planner

7. Business License Officer

8. Code Enforcement Officer

9. Code Enforcement Supervisor

10. Community Services Technician

11. Dispatcher

12. Economic Development Specialist

13. Filing Officer

14. Housing Coordinator

15. Housing Rehabilitation Technician

16. Housing Specialist

17. Maintenance Worker I

18. Maintenance Worker II

19. Office Assistant

20. Parking Enforcement Officer

21. Permit Technician

22. Police Records Specialist

23. Police Records Supervisor

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2

24. Property and Evidence Specialist

25. Public Works Field Supervisor

26. Recreation Programmer

27. Recreation Supervisor

28. Senior Code Enforcement Officer

29. Senior Economic Development Specialist

30. Senior Parking Enforcement Officer

31. Senior Recreation Supervisor

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
ATTACHMENT “B”
Classification Positions & Salary Ranges effective January 1, 2022 through June 30, 2024

Step A Step B Step C Step D Step E
Accounting Assistant I  3,430.39  3,601.90  3,782.00  3,971.11  4,169.66 Accounting Assistant II  3,694.27  3,878.98  4,072.93  4,276.57  4,490.41 Account Clerk  3,335.30  3,502.06  3,677.17  3,861.02  4,054.07 Accountant  5,617.62  5,898.50  6,193.43  6,503.10  6,828.25 Accounting Specialist  4,408.42  4,628.84  4,860.28  5,103.30  5,358.46 Administrative
Specialist  4,408.42  4,628.84  4,860.28  5,103.30  5,358.65 Assistant City Clerk  4,832.46  5,074.07  5,327.79  5,594.18  5,873.89 Assistant Planner  5,292.90  5,557.49  5,835.36  6,127.31  6,423.06 Associate Planner  5,732.57  6,020.63  6,321.66  6,653.55  6,986.23 Business License Officer  2,881.23  3,025.29  3,176.56  3,335.40  3,502.17 Code  Enforcement
Officer  3,803.60  3,993.80  4,193.48  4,403.14  4,623.31 Code  Enforcement
Supervisor  6,052.01  6,354.26  6,671.68  7,005.27  7,355.53 Community  Services
Technician  4,147.13  4,354.47  4,572.22  4,800.83  5,040.87 Dispatcher  4,518.88  4,756.72  5,007.07  5,270.60  5,548.00 Economic Development
Specialist  4,832.46  5,074.07  5,327.79  5,594.18  5,873.89 Executive Assistant  5,205.62  5,465.90  5,739.20  6,026.16  6,327.46 Filing Officer  3,430.38  3,601.90  3,782.00  3,971.11  4,169.66 Housing Coordinator  3,694.27  3,878.98  4,072.93  4,276.57  4,490.41 Housing  Rehabilitation
Technician  4,871.00  5,114.54  5,370.25  5,638.78  5,920.71 Housing Specialist  5,764.86  6,053.10  6,355.74  6,673.53  7,007.21 Management Analyst  4,832.46  5,074.07  5,327.79  5,594.18  5,873.89 Maintenance Worker I  3,539.16  3,716.33  3,901.99  4,097.20  4,301.95 Maintenance Worker II  3,719.52  3,905.17  4,100.38  4,305.13  4,520.49 Office Assistant I  2,860.00  3,003.00  3,153.15  3,310.81  3,476.35 Office Assistant II  3,343.55  3,519.52  3,704.76  3,899.75  4,105.00 Office Coordinator  4,207.76  4,418.14  4,639.04  4,871.02  5,114.56 Parking  Enforcement
Officer  3,803.60  3,993.80  4,193.48  4,403.14  4,623.30 Permit Technician  4,147.13  4,354.49  4,572.21  4,800.82  5,040.87 Police  Records
Supervisor  5,557.32  5,835.19  6,126.95  6,433.30  6,754.96 Deleted: 0
Deleted: 2022
Commented [SL1]: Updated salary ranges needed from City staff.

B CEA MOU 2022-2024

Deleted: 0
Deleted: 2
Police  Records
Specialist  3,694.27  3,878.98  4,072.93  4,276.57  4,490.41 Property  and  Evidence
Specialist  4,325.43  4,514.70  4,768.79  5,007.23  5,257.59 Public  Works  Field
Supervisor  5,526.00  5,802.30  6,092.42  6,397.04  6,716.89 Recreation Coordinator  4,443.95  4,677.84  4,924.04  5,183.20  5,456.00 Recreation Supervisor  5,806.62  6,112.23  6,433.92  6,772.55  7,129.00 Senior Accountant  6,935.65  7,282.44  7,646.56  8,028.89  8,430.34 Senior  Code
Enforcement Officer  5,609.14  5,889.60  6,184.08  6,493.28  6,817.95 Senior  Economic
Development Specialist  5,557.32  5,835.19  6,126.95  6,433.30  6,754.96 Senior Human Resource
Analyst  5,557.32  5,835.19  6,126.95  6,433.30  6,754.96 Senior  Management
Analyst  5,557.32  5,835.19  6,126.95  6,433.30  6,754.96 Senior  Parking
Enforcement Officer  5,609.14  5,889.60  6,184.08  6,493.28  6,817.95 Senior  Recreation
Supervisor  5,764.86  6,053.10  6,355.74  6,673.53  7,007.21

ATTACHMENT “C”
CITY OF BELL PROPOSAL NO. 3

PROPOSED SALARY INCREASES FOR BCEA POSITIONS
NO.  Classification Pr oposed Increase
1  Accountant 6.0%
2  Accounting Assistant I 6.0%
3  Accounting Assistant II 6.0%
4  Accounting Specialist (Payroll) 6.0%
5  Administrative Specialist 0.0%
6  Assistant City Clerk 6.0%
7  Assistant Planner 6.0%
8  Associate Planner 6.0%
9  Code Enforcement Officer 6.0%
10  Code Enforcement Supervisor **6.00%
11  Economic Development Specialist 6.0%
12  Executive Assistant 5.4%
13  Filing Officer 6.0%
14  Housing Coordinator 6.0%
15  Housing Rehabilitation Tech 0.0%
16  Housing Specialist 0.0%
17  Maintenance Worker I 6.0%
18  Maintenance Worker II 6.0%
19  Management Analyst 6.0%
20  Office Assistant I 6.0%
21  Office Assistant II 6.0%
22  Parking Enforcement Officer 6.0%
23  Park Maintenance Worker 6.0%
24  Permit Technician 6.0%
25  Police Dispatcher 6.0%
26  Police Records Specialist 3.0%
27  Police Records Supervisor 6.0%
28  Property & Evidence Specialist 6.0%
29  Public Works Field Supervisor 6.0%
30  Recreation Coordinator 6.0%
31  Recreation Supervisor 6.0%
32  Sr. Accountant 1.8%

01135.0038/848631.2 BCEA MOU 2022-2024

Deleted: 0
Deleted: 2
CITY OF BELL PROPOSAL NO. 3

PROPOSED SALARY INCREASES FOR BCEA POSITIONS
33  Sr. Code Enforcement Officer 5.4%
34  Sr. Economic Development Specialist 6.0%
35  Sr. Human Resources Analyst 6.0%
36  Sr. Management Analyst 6.0%
37  Sr. Parking Enforcement Officer 2.6%
38  Sr. Recreation Supervisor 6.0%
**Due to compaction issues between Sr. CE Officer and the CE Su pervisor, the Supervisor will be recommended for a full 6% salary increase
Prepared:  December 20, 2022

AGENDA ITEM 3

AGENDA ITEM 4

AGENDA ITEM 5

City of Bell
Agenda Report
DATE:   September 13, 2023
TO:   Mayor and Members of the City Council
FROM:   Manuel Acosta, Community Development Director

PREPARED
BY: Martin Rodriguez, Management Aide
APPROVED  Michael L. Antwine II (e-signature)
BY:   __________________________________
Michael L. Antwine II, City Manager
SUBJECT:  Recommendation to Reject All Bids for the Community Development Block Grant (CDBG) Consultant and Program Administrative Assistance Services submitted on August 23, 2023.

RECOMMENDATION:

It is recommended that the City Council reject all bids for the CDBG Consultant and Program Implementation and Administration Assistance Services submitted on August 23, 2023.

BACKGROUND:

On August 23, 2023, the City Council asked staff to revisit the methodology of selecting this consultant. After further review, staff also determined that the Request for Proposal (RFP) needed to be updated to include additional services in the Scope of Work.

The current RFP was advertised on Planet Bids on June 30, 2023, with the bid due date scheduled for July 14, 2023, at 4:00 p.m. (PST). The initial bid review was conducted at City Hall on July 25, 2023.

The main purpose of a CDBG Consultant is to provide program implementation and administrative services related to Code Enforcement, Graffiti Removal, and Residential and Commercial Rehabilitation, which are funded through CDBG and required to be monitored and reported throughout the fiscal year to the Los Angeles County Community Development Authority. The goal is to train staff to assume the role of CDBG administrator with limited assistance from a consultant.

DISCUSSION:

After reviewing the bids, staff determined that a change to the RFP is needed to include additional services to the CDBG Program Implementation and Administrative Services scope of work. Once staff has made revisions to the scope of work and services, we will reissue the RFP for updated proposals.

FISCAL IMPACT:

None
ATTACHMENT:

None
AGENDA ITEM 6

AGENDA ITEM 7